2024C009-240008-JOC CONTRACT CATUS-SURFACE - SIGNED.PDF
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JOB ORDER CONTRACT
BETWEEN
FLOOD CONTROL DISTRICT of MARICOPA COUNTY
AND
CACTUS ASPHALT
FOR
SURFACE TREATMENT AND INSTALLATION SERVICES
FCD CONTRACT NO. 2024C009
Serial # 240008
AGENDA NO. C-69-24
Contract No. 2024C009
Page 2 of 22
FLOOD CONTROL DISTRICT of MARICOPA COUNTY
CONTRACT NO. 2024C009
TABLE OF CONTENTS
ARTICLE I - SURFACE TREATMENT AND INSTALLATION SERVICES ..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 – SURFACE TREATMENT AND INSTALLATION SERVICES
EXHIBIT B – FEE SCHEDULE
Contract No. 2024C009
Page 3 of 22
CONTRACT NO. 2024C009
Job Order Contract for Surface Treatment and Installation Services
The Flood Control District of Maricopa County, hereinafter called the DISTRICT, is
desirous of having Job Order Contract for SURFACE TREATMENT AND INSTALLATION
SERVICES performed when requested by the District through a specific Work Assignment
for those services more fully described in Exhibit A, General Surface Treatment and
Installation Services, and Exhibit B, Unit Price List; and Cactus Asphalt hereinafter called
“CONTRACTOR”, with its principal offices located at 8211 W. Sherman Street,
Tolleson AZ 85353 & (623-907-2800) 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 Surface Treatment and Installation Services 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 - SURFACE TREATMENT AND INSTALLATION SERVICES: The
CONTRACTOR, under the general supervision of the District Director, shall perform
Surface Treatment and Installation Services 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 Surface Treatment and Installation Services. 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 Surface Treatment and
Installation Services 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 Surface Treatment and Installation Services and to completely construct the
same and provide the services therein, as called for by this agreement free and clear of all
Contract No. 2024C009
Page 4 of 22
claims, 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 Surface Treatment and Installation
Services, a detailed Surface Treatment and Installation Services 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 Surface Treatment and Installation Services and the detailed Surface
Treatment and Installation Services 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 Earthwork Services and Debris Removal
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. 2024C009
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. 2024C009
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. 2024C009
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. 2024C009
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. 2024C009
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. 2024C009
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)
DocuSign Envelope ID: 31820411-F26E-4F8F-A835-D528A86F6C44
4/3/2024
4/3/2024
AUTHORIZED SIGNATURE for CORPORATION OR LLC
To THE: Flood Control District of Maricopa County:
WHEREAS ____ C_a_ct_us_A--'sp'--h_al_t __________ ,, an ___
Ar_iz_on_a _____ corporation, located at
(company name)
/Name of State)
__ 8=-=2'""'"1-'--1 --'--W'-S=h""'e-'-'"rm=a=n'-'S'"-'-t.'--'T'-"o"""'lle=-=s-=-on=,--'--A=Z'--'8-=-535=-=3'---_____ 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
Cactus Asphalt
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 28th day of __ __;_F...:.eb.:....r.:....ua_,ry__;_ ___ , 20.
Josh Swartz entruber
Jim Pulice
Jeff Abram
Kevin Gaston
Nicole Edmonds
Thomas M ucenski
CEO/CFO
coo
Director of S ales & Estimating
Director of Project Management
Contracts Coordinator
Project Mana ger
Project Ma nager
1,2,3,4,5,6
1,2,3,4,5,6
1, 2,3,4,5,6
1,2,3,4,5,6
1,2, 3,4, 5,6
4, 5,6
4, 5,6
Ma rta Grz ywiank
PRINT NAME
(TITLE)
(DOCUMENT NO. [see above/)
STATE OF
COUNTY OF
Ariz ona
Ma ricopa
)
)§
)
CERTIFICATION
I,
Josh Swartz entruber
, of
Cactus Asphalt
, 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
February 2e
, 20.2i,_, and that the same is in full force and effect at this time.
DATED: _ _.3'-L.!t._./.....,Z.
=o:;..:J,,._1-\
_._ __
(Seal of Corporation)
STATE OF _A_riz_o_na ___ _
)§
COUNTY OF _M_ar_ic....:op_a __ _
/,P
CORPORATICNJ
NICHOLE HENRY
Notary Public - Arizona
I!,\
f
Maricopa County
:
;
Commission# 641083
• "" •
My Comm. Expires Jan 13, 2027
This instrument was acknowledged before me this day of __ F_ e_br_ua_ry'----' 20.2i,_
By ___ J_ o_sh_S_w_a _rtz_ e_nt_r
u_be_r ____ , 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.
My Commission Expires: ::Sc,0C') \
\29?:
Signature Authority Letter - MCDOT Flood Control District.doc
1st
March
1st
March 1
March
1st
1st
March
March
March 1
ITEM #
DESCRIPTION
UNIT
PRICE
CA Comments 3/8/2024
104 - 1
CQC Testing Allowance
LS
TBN Per Job Order
105 - 1
Partnering Allowance
LS
4,500.00
$
105 - 2
Construction Staking Allowance
LS
TBN Per Job Order
105 - 3
Utility Relocation Allowance
LS
TBN Per Job Order
107 - 1
AZDES/SWPPP Permits Allowance
LS
7,500.00
$
107 - 2
Public Information and Notification Allowance
LS
TBN Per Job Order
107 - 3
Project Signs Allowance
LS
5,000.00
$
107 - 4
Restricted Areas Delineation
LS
TBN Per Job Order
107 - 5
Water Management Plan Preparation Allowance
LS
TBN Per Job Order
107 - 6
Water Management Plan Implementation Allowance
LS
TBN Per Job Order
108 - 1
Construction Work Plan Allowance
LS
7,500.00
$
201 - 1
Clearing and Grubbing
AC
5,500.00
$
202 - 1
Mobilization
LS
TBN Per Job Order
203 - 1
Temporary Access Allowance
LS
TBN Per Job Order
203 - 2
Temporary Construction Perimeter Fence Allowance
LS
TBN Per Job Order
203 - 3
Temporary Construction Perimeter Fence Gates Allowance
LS
TBN Per Job Order
206 - 1
Foundation Surface Preparation
CY
130.00
$
206 - 2
Embankment Crack Trenching
LF
19.00
$
206 - 3
Cofferdam Construction
LS
TBN Per Job Order
211 - 1
Common Fill (95% Compaction Min.)
CY
205.00
$
211 - 2
Embankment Fill (FCDMC Std. Det. 200-1)
CY
215.00
$
211 - 3
Structural Fill (95% Compaction Min.)
CY
315.00
$
211 - 4
Select/Import Fill (Low PI of 15 or Less)
CY
315.00
$
211 - 5
Landscape Fill (90% Compaction Typical)
CY
305.00
$
211 - 6
Filter Aggregate
CY
500.00
$
215 - 1
Borrow Excavation
CY
95.00
$
215 - 2
Channel Excavation
CY
130.00
$
215 - 3
Basin Excavation
CY
90.00
$
215 - 4
Drainage Excavation/Low-Flow Swale Construction
CY
300.00
$
215 - 5
Temporary Ditch/Berm
LF
15.00
$
215 - 6
Over-Excavation Allowance
LS
TBN Per Job Order
215 - 7
Soil Stabilizer & Dust Control Agent (Gorilla-Snot or approved equal)
SY
2.50
$
216 - 1
Geomembrane
SY
48.00
$
221 - 1
Sediment Wattles and Anchoring
LF
7.50
$
231 - 1
Geotextile for Riprap
SY
95.00
$
SURFACE TREATMENT & INSTALLATION BID ITEM LIST - Cactus
2024C009
231 - 2
Geotextile for Filter
SY
95.00
$
310 - 1
4-inch Aggregate Base Course (ABC) Maintenance Road (Chip Seal,
FCDMC Std. Det. 201-1)
SY
30.00
$
310 - 2
1/4-inch Decomposed Granite (DG)
SY
40.00
$
310 - 3
Untreated Base
TON
150.00
$
310 - 4
Chip Seal over graded/compacted surface (FCDMC Std. Det. 201-1)
SY
18.50
$
EXCLUDES 4" ABC NOTED IN DET 201-1
310 - 5
6-inch Aggregate Base Course (ABC) Maintenance Road (FCDMC Std.
Det. 201-2)
SY
32.00
$
321 - 1
Asphalt Concrete (AC) Pavement
TON
255.00
$
322 - 1
Permanent Pavement Overlay
SY
35.00
$
330 - 1
Alleyway Plating - Structural Section
SY
8.50
$
MILLINGS 2" THICK
336 - 1
Permanent Pavement Replacement
SY
905.00
$
336 - 2
Resurface Driveway wih 4 inches of AB
SY
230.00
$
340 - 4
Concrete Sidewalk (MAG Det. No. 230)
SF
41.00
$
340 - 5
Concrete Driveway Entrance (MAG Det. No. 260)
SF
30.00
$
340 - 6
Concrete Valley Gutter (MAG Det. No. 240, Section A-A)
SF
45.00
$
340 - 7
Concrete Slope Paving, 4" Thick
SY
250.00
$
340 - 8
Curb Termination (MAG Det. No. 222)
EA
750.00
$
340 - 9
Concrete Cut-Off Wall 3-feet Deep (MAG Det. No. 552)
LF
150.00
$
340 - 10
Object Marker MCDOT M-2
EA
930.00
$
340 - 11
Removable Bollard (FCDMC Std. Det. 140-1 & -2)
EA
3,600.00
$
340 - 12
Reinforced Concrete Maintenance Road (FCDMC Std. Det. 201-3)
SY
400.00
$
344 - 1
Decomposed Granite Road Surface
SY
37.00
$
344 - 2
Embankment/Slope Rockmulch (FCD Std. Det. 555-2)
CY
250.00
$
345 - 1
Adjust Manhole Frame & Cover (MAG Det. No. 422-2)
EA
1,100.00
$
350 - 1
Saw Cut and Remove Existing Concrete Channel Lining
SF
26.00
$
350 - 9
Remove Existing Driveway
SF
30.00
$
350 - 10
Remove Existing Sidewalk
SF
10.00
$
350 - 11
Remove Existing Scupper and Spillway
EA
8,500.00
$
350 - 12
Remove Existing Concrete Pavement
SY
85.00
$
350 - 13
Remove Existing Asphalt Concrete
SY
50.00
$
350 - 16
Remove Sign
EA
500.00
$
350 - 17
Remove Tree
EA
3,000.00
$
350 - 18
Remove Chain Link Fence
LF
14.00
$
350 - 19
Remove Rail Fence
LF
14.00
$
350 - 20
Remove, Salvage and Replace Chain Link Fence
LF
28.00
$
350 - 21
Remove Existing Bollards
EA
550.00
$
350 - 23
Remove Existing Valve, Box, and Cover
EA
575.00
$
350 - 24
Remove Existing Hydrant
EA
15,000.00
$
350 - 25
Removal and Disposal of Debris from Right-of-Way
LS
TBN Per Job Order
350 - 26
Removal and Disposal of Miscellaneous Material
LS
TBN Per Job Order
351 - 1
Relocate Existing Traffic Signal Equipment
LS
TBN Per Job Order
REQUEST TO BE AN ALLOWANCE
401 - 1
Traffic Control Allowance
LS
TBN Per Job Order
405 - 1
Survey Marker/Brass Cap (MAG Det. No. 120, Type 'A')
EA
1,300.00
$
405 - 2
Survey Marker/Brass Cap (MAG Det. No. 120, Type 'B')
EA
1,300.00
$
432 - 1
Rock Mulch (3-inch Angular)
AC
261,500.00
$
505 - 19
Reinforced Concrete Maintence Ramp (FCDMC Std. Det. 201-4)
SF
87.00
$
505 - 20
Concrete Scupper (MAG Det. No. 206-2)
EA
24,000.00
$
515 - 1
View Wall
EA
TBN Per Job Order
NEED MORE INFORMATION OR SPEC. TO PRICE OUT
515 - 2
Bollard Type 1 (MAG Det. No. 140, 6" Diameter)
EA
2,800.00
$
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 NO. FCD 2024C009
JOB ORDER CONTRACT
SURFACE TREATMENT AND INSTALLATION SERVICES
GENERAL
Under the Director's general supervision, the Contractor shall perform Surface Treatment and
Installation 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
his/her 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 will 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
Surface Treatment and Installation services may include but are not limited to, supplying all
labor, material, and equipment on an as-needed basis for placement and related construction
services. The following are some examples:
Conventional chip seal, rubberized chip seal, penetrate and chip, double chip seal,
aggregate base course, asphaltic concrete paving, Portland cement concrete paving
services, soil stabilization, slurry, and fog seal services.
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 of Maricopa County. Each Work Assignment shall provide a description and
parameters of the work to be completed.
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. No work shall be performed
until 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 is impractical 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, 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 Drawings and 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 2024C009
Job Order Contract for Surface Treatment and Installation Services
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 2024C009
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 ................................. 18
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 2024C009
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:
Job Order Contract FCD 2024C009
Page 5 of 27
Supplementary General Conditions
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
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
Job Order Contract FCD 2024C009
Page 6 of 27
Supplementary General Conditions
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.
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
Job Order Contract FCD 2024C009
Page 7 of 27
Supplementary General Conditions
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
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
Job Order Contract FCD 2024C009
Page 8 of 27
Supplementary General Conditions
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
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.
Job Order Contract FCD 2024C009
Page 9 of 27
Supplementary General Conditions
(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.
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
Job Order Contract FCD 2024C009
Page 10 of 27
Supplementary General Conditions
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
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.
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Supplementary General Conditions
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.
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
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Supplementary General Conditions
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:
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
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Supplementary General Conditions
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
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.
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Supplementary General Conditions
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
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.
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Supplementary General Conditions
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.
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.
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Supplementary General Conditions
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.
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
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Supplementary General Conditions
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:
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.
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Supplementary General Conditions
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
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.
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Supplementary General Conditions
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.
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.
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Supplementary General Conditions
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
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
Job Order Contract FCD 2024C009
Page 21 of 27
Supplementary General Conditions
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
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.
Job Order Contract FCD 2024C009
Page 22 of 27
Supplementary General Conditions
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.
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
Job Order Contract FCD 2024C009
Page 23 of 27
Supplementary General Conditions
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;
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
Job Order Contract FCD 2024C009
Page 24 of 27
Supplementary General Conditions
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.
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.
Job Order Contract FCD 2024C009
Page 25 of 27
Supplementary General Conditions
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:
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.
Job Order Contract FCD 2024C009
Page 26 of 27
Supplementary General Conditions
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
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:
Job Order Contract FCD 2024C009
Page 27 of 27
Supplementary General Conditions
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.
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.
STATEMENT OF QUALIFICATIONS FOR
Due Date: Thursday, January 25, 2024
Due Time: 2:00 p.m. MST
JOB ORDER CONTRACTOR
SERIAL # 240008-JOC
CONTRACT # 2025C003-2024C010
Cover Letter
1. Prior Experience
1
2. Project Team
4
3. Subcontractor Selection Plan
6
4. Project Management Plan
7
5. Budget and Scope Management Capability
9
6. Team Approach Capability
11
7. Expedited Completion
11
Attachments
8. Safety Information
a) General Contractor Arizona License
b) Resumes
c) Attachment 1 - References
d) Attachment 2 - Legal Worker Certification
e) Surety Bond
f) Proposal Exceptions
g) Attachment 4 - Non-Collusion Affidavit
h) Attachment 6 - Scope of Work Checklist
i) Attachment 7 - Subcontractor Listing
Addenda Acknowledgment
TABLE OF
CONTENTS
(623) 907-2800
cactusasphalt.com
8211 West Sherman Street, Tolleson, Arizona 85353
January 25, 2024
Maricopa County
Office of Procurement Services
301 W. Jefferson Street, Suite 700
Phoenix, Arizona 85003
RE: Statement of Qualifications for Job Order Contractor (SERIAL # 240008-JOC; CONTRACT # 2025C003-2024C010)
7
Cactus Asphalt, a division of Cactus Transport, Inc. (Cactus) would like
to thank the Maricopa County Flood Control District (MCFCD) for the
opportunity to continue its successful relationship through this Request
for Qualifications for a Job Order Contractor (JOC).
Since the inception of the JOC delivery method, Cactus has gained
extensive knowledge of the JOC process. We understand the
sophistication and comprehensiveness required to meet individual
agency needs. When considering Cactus’ unique experience with
numerous types of JOCs, our team has gained a deep understanding
of the variability of this construction practice. As a result, Cactus has
developed successful processes and procedures that have become
specific to the JOC delivery method. Cactus is prepared to provide
the MCFCD with the successful execution of job orders with a high
level of quality, shorter work durations, and less inconvenience to the
traveling public. We continue to diversify and will strive to self-perform
at least 75% of the work procured. Since 1979, Cactus has been an
active community member and takes great pride in supporting local
subcontractors and trade companies.
The benefits the MCFCD will receive through a continued partnership
with Cactus include:
Most Qualified Firm Cactus is well equipped to deliver the work under
this JOC. Our team offers comprehensive skillsets and decades of
experience to perform all the required services of this contract. This
includes a dedicated group of JOC professionals, field managers,
and roadway services specialists supported by a strong network of
more than 400 in-house personnel. Our team’s unmatched knowledge
and expertise will ensure each job order is accurately planned and
scheduled, allowing the MCFCD to make the best decision for the
specific goals of each job order.
Existing Partner with the Flood Control District Cactus has a proven track
record of successful collaboration with the MCFCD on the Agua Fria
River Crest Safety Improvement and White Tanks FRS No. 3 Outfall
Channel West Access Road Job Orders. During our initial job order
(the Agua Fria project) Estimator Jeff Abram and Project Executive
James Pulice worked alongside the MCFCD, overcoming unique
production and safety challenges to complete the project effectively. Our
successful approach to this project underscores our team’s dedication
to partnership and effective communication and coordination. We
are eager to build on this foundation and continue our collaborative
relationship with the MCFCD.
Team of Roadway Construction, Stabilization, and Paving Services Experts
Cactus brings a team with experience in all facets of roadway
construction, stabilization, and paving services. This team includes JOC
Program Manager Brian Barnum as your single point of contact, Project
Manager Thomas Mucenski, and Estimator Jeff Abram, with Executive
Support provided by Jim Pulice. With our combined expertise in roadway
construction, paving, and managing large public works projects, our
team is the best fit for the MCFCD’s JOC.
Cactus is excited to continue our relationship with the MCFCD through
this JOC for many years to come. We look forward to hearing from the
MCFCD and moving this process forward.
Thank you for your consideration,
Cactus Asphalt, a Division of Cactus Transport II, LLC
Arizona (State of Incorporation)
Josh Swartzendruber, CEO/CFO
t (623) 907-2800 | d (623) 344-7664
js@cactusasphalt.com
1
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
1. PRIOR EXPERIENCE
a) Average # of Projects/Year: One
project/year, completed during
budget year; average cost/project =
$350-$990K.
b) Size/Schedule/Budget/Complexity:
Although projects were $1M, each
project was notably complex; ex.
paving top of levee along Agua Fria
River, and complete overhaul of slope
protection and access along White
Tanks Outfall.
c) Services: See Relevant Features.
d) Estimating: Estimate based on
field visit, plans, and specs; updated
baseline estimate was provided at
60/90% milestones.
e) Price: Established based on pre-
determined rates from unit price book
and cost-plus format for off-book
items; quantities tracked closely with
notification of any over or underruns
for transparency.
f) Budget/Estimate/Final Contract Amount:
Yearly budgets = $1M; final contract
value of $1.38M; savings included
utilizing on-site material for new
construction.
g) Quality: Followed MAG specs.
h) Schedule: Completed on time.
i) Avoiding Potential Problems: Daily
communication to proactively
address/resolve issues.
j) Claims: No claims filed.
k) Quality and Productivity: Early
involvement and planning between
all stakeholders.
l) References: Included in Attachment 1.
Time Savings: Utilized multiple crews
for work on each project.
a) Average # of Projects/Year: Four
projects/year, completed during budget
year; average cost/project = $500,000.
b) Size/Schedule/Budget/Complexity:
All projects had varying degrees of
complexity; ex. crack sealing and
fog sealing entire subdivisions,
repaving Jordan Road, and improving
pedestrian access downtown.
c) Services: See Relevant Features.
d) Estimating: Price established using
a unit rate price book at beginning
of contract; conceptual pricing
not provided.
e) Price: Maps were provided to
establish price and determine
application rates of each material;
plans were provided when available to
assist in pricing.
f) Budget/Estimate/Final Contract Amount:
First year estimate = $750,000
(6-month period, awarded in Jan.);
renewed annually for $1.5 M/budget
year; no change orders.
g) Quality: Determined and achieved
through industry standards, including
Yavapai County and Quad City
Standards for regional construction.
h) Schedule: All projects completed per
original construction schedule.
i) Avoiding Potential Problems: Proactive
notification of residents before
construction and continuous owner
communication.
j) Claims: No claims filed.
k) Quality and Productivity: Regular
project team meetings included project
review notes and lessons learned
for continuous improvement and
enhancing working relationships.
l) References: Included in Attachment 1.
Time Savings: At the beginning of the
year, Sedona provided locations for
recommended surface treatment/
preservation needs; Cactus provided
assessments and received approval to
service various areas.
RELEVANT FEATURES
u Chip Sealing u Grading
u Paving u Drainage
u Curbs & Sidewalks
u Excavating u Concrete Work
u Landscaping
KEY
PROJECTS
Agua Fria River Crest Safety Improvement: Grading and paving the top of the levee
crest for maintenance access. [$365,122; 2020]
White Tanks FRS No. 3 Outfall Channel West Access Road: Established drainage
improvements and an access road along outfall channel in the west valley.
[$982,277; 2021]
KEY
PROJECTS
Fall 2019-Spring 2020 Job Order Agreement (JOA): Pavement preservation and
reconstruction on various roads within the City of Sedona. [$816,270; 2020]
Fall 2017-Spring 2018 JOA: Pavement preservation and reconstruction on various
roads within the City of Sedona. [$719,785; 2018]
PROJECT OVERVIEW: [2018-2023] Cactus participated in yearly projects for
the MCFCD that included paving, grading, slope reconstruction, concrete structures,
and drainage improvements for properties maintained by the MCFCD to protect the
greater Maricopa County region from potential flooding. 85% Self-Performed
PROJECT OVERVIEW: [2016-2021] Cactus'
multi-year JOC contract included concrete, paving, ABC,
crack sealing, seal coating, Fractured Aggregate Surface
Treatment (FAST), and other tasks throughout the City of Sedona. 85% Self-Performed
JOC FOR THE FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
1
CITY OF SEDONA STREET MAINTENANCE
CONTRACT JOC 16-S-01
2
RELEVANT FEATURES
u Crack Sealing
u Slurry/Micro Sealing
u Chip Sealing
u Fog Sealing u Grading
u Paving u Patching
u Curbs & Sidewalks
u Excavating
u Striping u Concrete Work
u Sign Placement
2
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
a) Average # of Projects/Year: One project
assigned/year, completed during budget
year; average cost/project = $650,000.
b) Size/Schedule/Budget/Complexity: All
projects were complex and involved
multiple disciplines in horizontal
construction trades; ex. concrete,
asphalt paving, piping, seeding, fencing.
c) Services: See Relevant Features.
d) Estimating: Price established
using a unit rate price book; plans
provided when available at 30/60/90%
followed by pricing.
e) Price: Pricing was established with
quantities when 90/100% plans were
available; quantities were tracked
closely with notification of any over or
underruns for transparency.
f) Budget/Estimate/Final Contract Amount:
Project lifespan = $9M; completed
$2.5M of work; VE savings, ex.
smaller paving sections on low-volume
roads/expedited schedules; only
change orders to add value/extend
each year to max amount.
g) Quality: Determined and achieved
through MAG specs and standards.
h) Schedule: All projects completed per
original construction schedule.
i) Avoiding Potential Problems:
Transparency and communication
were vital to success; ex. Cactus
participated in early site visits when
MCDOT considered a project to
identify and solve issues; additional
communication throughout
30/60/90% design.
j) Claims: No claims filed.
k) Quality and Productivity: Regular
project team meetings included project
review notes and lessons learned
for continuous improvement and
enhancing working relationships.
l) References: Included in Attachment 1.
Time Savings: Cactus held dates
on master schedule for owner to
fill at later date when locations
were identified.
a) Average # of Projects/Year:
Four projects assigned/year,
completed during budget year;
average cost/project = $500,000.
b) Size/Schedule/Budget/Complexity:
All projects had varying degrees of
complexity; ex. crack sealing entire
subdivisions in San Tan Valley, chip
sealing I-10 frontage roads near
Picacho Peak.
c) Services: See Relevant Features.
d) Estimating: Price established using
a unit rate price book at beginning
of contract; conceptual pricing
not provided.
e) Price: Maps were provided to
establish price and determine
application rates of each material;
plans were provided when available
to assist in pricing.
f) Budget/Estimate/Final Contract
Amount: Starting budget = $3M for
first year; project renewed between
$1M-$1.5M/budget year; no
change orders.
g) Quality: Acceptable construction
quality determined and achieved
through industry standards and
Cactus’ in-house QA team that
oversaw chip and fog seal projects.
h) Schedule: All projects completed per
original construction schedule.
i) Avoiding Potential Problems: Proactive
notification of residents before
construction and continuous owner
communication.
j) Claims: No claims filed.
k) Quality and Productivity: Regular
project team meetings included
project review notes and lessons
learned for continuous improvement
and enhancing working relationships.
l) References: Included in Attachment 1.
Time Savings: Cactus held dates
on master schedule for owner to
fill at later date when locations
were identified.
KEY
PROJECTS
Bush Highway Cattle Guards: Installed seven cattle guard crossings into the
Maricopa recreation parking lots along Bush Highway. [$975,800; 2021]
99th Ave. Drainage Channel: Graded and cement treated the bottom of the 99th Ave.
drainage channel from Union Hills to Bell Rd. Installed shotcrete and safety curb after
grade was established. [$525,230; 2019]
KEY
PROJECTS
Spring 2021 Chip Seal: Chip seal applied to various roadways throughout Pinal
County. [$469,327; 2021]
Spring 2023 Chip and Fog Seal: Chip seal and fog seal were applied to various roads
throughout Pinal County. [$1,116,176; 2023]
3
1. PRIOR EXPERIENCE CONTINUED
MCDOT JOC 2017-001 ROADWAY
STABILIZATION AND PAVING SERVICES
3
PINAL COUNTY PAVEMENT PRESERVATION
AND REPAIR SERVICES 175923ROQ
4
PROJECT OVERVIEW: [2017-2022] Cactus'
participation in this multi-year JOC included various
types of roadway paving and civil work throughout
Maricopa County. 85% Self-Performed
RELEVANT FEATURES
u Crack Sealing
u Slurry/Micro Sealing
u Chip Sealing
u Fog Sealing u Grading
u Paving u Patching
u Drainage
u Curbs & Sidewalks
u Excavating u Shotcrete
u Striping u Concrete Work
u Sign Placement
u Landscaping
PROJECT OVERVIEW: [2018-2023] Cactus'
involvement in this JOC for Pinal County included
pavement preservation and pavement construction projects. 90% Self-Performed
RELEVANT FEATURES
u Crack Sealing
u Slurry Sealing
u Micro-Surfacing
u Fog Sealing u Drainage
u Striping u Concrete Work
u Speed Humps u Parking Lot
u Signage u Landscaping
3
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
1. PRIOR EXPERIENCE CONTINUED
OTHER JOC
PROJECT EXPERIENCE
a) Average # of Projects/Year:
Three projects assigned/year,
completed during budget year;
average cost/project = $150,000.
b) Size/Schedule/Budget/Complexity:
All projects had varying degrees
of complexity; ex. crack sealing
school parking lots, reconstructing
neighborhoods in Casa Grande.
c) Services: See Relevant Features.
d) Estimating: Price established using
a unit rate price book at beginning
of contract; conceptual pricing
not provided.
e) Price: Maps were provided to
establish price and determine
application rates of each material;
plans were provided when available to
assist in pricing.
f) Budget/Estimate/Final Contract Amount:
Starting estimate = $5M for first year;
project renewed between $1M-$1.5M/
budget year; no change orders.
g) Quality: Local codes and standards
governed where work was completed.
h) Schedule: All projects completed per
original construction schedule.
i) Avoiding Potential Problems: Issued
notifications and warnings before
arriving on-site.
j) Claims: No claims filed.
k) Quality and Productivity: Regular
project team meetings included project
review notes and lessons learned
for continuous improvement and
enhancing working relationships.
l) References: Included in Attachment 1.
Time Savings: Multiple crews and
scopes of work were completed
during each mobilization to eliminate
long schedules.
KEY
PROJECTS
City of Cottonwood 2022 Pavement Preservation: Various neighborhood road
upgrades. Included crack seal, fog seal, PMAR chip sealing, traffic control, edge milling,
and striping. Purchasing agreement helped expedite the project. [$469,327; 2021]
Lake Havasu School District Repaving: Three parking lot sites were upgraded; work
included milling, grading, paving, and striping. All work was completed during school
breaks. [$735,500; 2018]
PROJECT DETAILS
Crack Sealing
Slurry/Micro Seal
Chip Seal
Fog Seal
Grading
Paving
Patching
Drainage
Curbs & Sidewalks
Excavating
Striping
Concrete Work
Sign Placement
Landscaping
City of Tempe • JOC Services for Paving
and Resurfacing of Streets and Facilities
• Start Year: 2019 • Cost: $10k-1.5M
• • • • • • • • • • • •
City of Phoenix Street Transportation
Dept. • Fractured Aggregate Surface
Treatment (FAST) Program •
Start Year: 2022 • Cost: $1.25-2.5M
• • • •
• •
•
City of Phoenix Water Services Dept. •
Concrete and Asphalt Restoration JOC •
Start Year: 2020 • Cost: $1-2M
• • •
•
City of Prescott • FY20 Pavement
Preservation • Start Year: 2020 • Cost: $950K • • •
•
•
City of Prescott • JOC for Public Works -
Horizontal • Start Year: 2023 • Cost: $1-3M • • • • •
•
•
City of Casa Grande • Pavement
Preservation Program • Start Year: 2019
• Cost: $1-1.5M
• • •
•
• •
City of Eloy • Asphalt Maintenance and
Repair • Start Year: • Cost: $750K
• • •
•
• • •
City of Glendale • PMP Citywide Program
• Start Year: 2018 • Cost: $150k-1M
• • •
•
• • •
Mohave County • Pavement Surface Treatment
JOC • Start Year: 2016 • Cost: $500-950K
• •
MCDOT • Guardrail Installation and
Maintenance Services •
Start Year: 2021 • Cost: $75-150K
•
MCDOT • JOC 2013-029 Roadway
Stabilization and Paving Services •
Start Year: 2017 • Cost: $50k-1.5M
• • • • • • • • • • • • •
1 GPA ASPHALT PRODUCTS AND
SERVICES 17-16P-01
5
PROJECT OVERVIEW: [2017-2022] Cactus
participated in this nationwide cooperative purchasing
contract for municipalities and government agencies to
purchase from. 80% Self-Performed
RELEVANT FEATURES
u Crack Sealing
u Slurry/Micro Sealing
u Chip Sealing
u Fog Sealing u Grading
u Paving u Patching
u Curbs & Sidewalks
u Excavating u Striping
u Concrete Work
u Sign Placement
2. PROJECT TEAM
SUBCONTRACTORS
VALUE-ADDED PERSONNEL
KEY PERSONNEL
SUBCONTRACTORS
THOMAS MUCENSKI
JOC Project Manager
BRIAN BARNUM
JOC Program Manager
Single
Point of
Contact
FIGURE 1 |
Organization Chart
JAMES PULICE
Executive Support
CACTUS
ESTIMATING TEAM
JEFF ABRAM
JOC Estimator
Division Manager:
Marlon Booker
TRAFFIC
CONTROL
Division Manager:
Troy Kemnitz
Division Manager:
Jeff Hoffman
Division Manager:
Reed Goosen
Division Manager:
Chuck Petersen
Division Manager:
Robert Villa
SLURRY &
MICRO SEALING
GRADING &
MILLING
PAVING &
CONCRETE
CHIP & FOG
SEALING
CRACK SEAL/
SEAL COAT &
STRIPING
The proposed team for this JOC has successfully worked together
on multiple projects and contracts. This team offers comprehensive
skillsets and decades of experience to perform all the required services
of this contract. An organization chart (Figure 1) and brief resumes for
our team follow; full resumes are included in Attachments.
The Cactus Asphalt JOC management and organizational structure
is built for rapid mobilization and daily accountability and provides
the capacity to meet any job order size and scope. JOC Program
Manager Brian Barnum will be the MCFCD's single point of contact.
He will facilitate the crews' needs and resources required to complete
each job order. As Figure 1 shows, Cactus has multiple divisions with
skilled individuals, each capable of successfully completing any job
order assigned. These divisions include Traffic Control, Slurry and
Micro Sealing, Grading and Milling, Paving and Concrete, Chip and
Fog Sealing, and Crack Seal/Seal Coat and Striping. Each division is
run by a single Division Manager responsible for the efficient flow of
crews and resources backed up by our internal staff that helps manage
materials and subcontractors.
BRIAN BARNUM, JOC PROGRAM MANAGER
25 Years Industry / 2 Years with Cactus
Brian brings over 25 years of civil construction experience and has been
involved with job order contracting with various agencies across Arizona.
This includes the JOC for the Flood Control District of Maricopa County,
the Pinal County Pavement Preservation and Repair Services JOC, and
the 1 GPA Asphalt Products and Services JOC. On all of these JOCs,
Brian ensured projects were completed safely, on time, and within
budget while meeting all specifications and quality goals.
As the Program Manager on this JOC, Brian will be the MCFCD's
single point of contact and will closely coordinate with the team,
including the MCFCD and all necessary subcontractors to ensure each
job order is successfully executed.
EXPERIENCE ON SIMILAR JOC PROJECTS (see resume for complete details)
JOC for the Flood Control District of Maricopa County – JOC Program Manager
Pinal County Pavement Preservation and Repair Services 175923ROQ – JOC
Program Manager
1 GPA Asphalt Products and Services 17-16P-01 – JOC Program Manager
Cactus is 100% committed to
continuing our successful JOC
relationship with the MCFCD.
When job orders are issued
or discussed, our team will be
involved early in the process
to help guide the MCFCD on
treatment options or alternative
solutions to safety and effectively
meet the goals of the job order.
4
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
BRIAN BARNUM Current/
Projected Workload: 65%; Time
Available: Brian has up to 35% of
time to dedicate to this project.
THOMAS MUCENSKI Current/
Projected Workload: 50%; Time
Available: Thomas has up to 50%
of time to dedicate to this project.
JEFF ABRAM Current/Projected
Workload: 50%; Time Available:
Jeff has up to 50% of time to
dedicate to this project.
Key Staff Current/Projected
Workload and Time to
Dedicate to this Project
2. PROJECT TEAM CONTINUED
City of Eloy Asphalt Maintenance and Repair – JOC Program Manager
Pinal County JOC Asphalt Maintenance and Repair Services (Slurry/
Micro Services) – JOC Project Manager
THOMAS MUCENSKI, JOC PROJECT MANAGER (see resume for
complete details) 7 Years Industry / 2 Years with Cactus
Thomas has seven years of experience in the roadway preservation
and maintenance industry. He has partnered with multiple agencies,
including the Flood Control District, MCDOT, Pinal County, and the City
of Sedona to complete JOC programs.
As the Project Manager on this JOC, Thomas will ensure each job order
is accurately planned and scheduled and will provide subcontractor
management while tracking the progress and completion of all projects.
He will benefit the MCFCD through his attention to detail, timely
communication, and understanding of construction for public agencies.
EXPERIENCE ON SIMILAR JOC PROJECTS
JOC for the Flood Control District of Maricopa County – JOC Project Manager
City of Sedona Street Maintenance Contract JOC 16-S-01 – JOC Project Manager
Pinal County Pavement Preservation and Repair Services
175923ROQ – JOC Project Manager
City of Eloy Asphalt Maintenance and Repair – Project Manager
City of Casa Grande Pavement Preservation Program – Project Manager
JEFF ABRAM, JOC ESTIMATOR (see resume for complete details)
19 Years Industry / 8 Years with Cactus
Jeff has 19 years of industry experience and has served as lead
estimator for Cactus over the past eight years. He is well-versed
in regional standards and specifications in relation to pavement
preservation and construction. He has successfully priced and
participated in MCFCD job orders and other relevant JOCs, including
the City of Sedona Street Maintenance Contract JOC, MCDOT's
JOC for Roadway Stabilization and Paving Services, Pinal County's
Pavement Preservation and Repair Services JOC, and 1 GPA Asphalt
Products and Services JOC.
As Estimator on this JOC, Jeff will maintain a high-level view of costs
and will quickly provide viable estimates to ensure construction begins
in a timely fashion while managing the resources best suited to each
job. The MCFCD will benefit from Jeff's extensive knowledge and
experience involving civil construction and asphalt paving, allowing
the MCFCD to make the best decision for the specific goals of
each job order.
EXPERIENCE ON SIMILAR JOC PROJECTS
JOC for the Flood Control District of Maricopa County – JOC Estimator
City of Sedona Street Maintenance Contract JOC 16-S-01 – JOC Estimator
MCDOT JOC 2017-001 Roadway Stabilization and Paving Services – JOC Estimator
Pinal County Pavement Preservation and Repair Services
175923ROQ – JOC Estimator
1 GPA Asphalt Products and Services 17-16P-01 – JOC Estimator
City of Eloy Asphalt Maintenance and Repair – JOC Estimator
City of Casa Grande Pavement Preservation Program – JOC Estimator
See full resumes in Attachments for detailed key team member
information and project experience.
EXPERIENCE ON PROJECTS DESCRIBED
IN SECTION 1, PRIOR EXPERIENCE
Team Continuity
Brian
Barnum
Program
Manager
Thomas
Mucenski
Project
Manager
Jeff
Abram
Estimator
From Prior Experience in Section 1.
1 JOC for the Flood Control District
of Maricopa County
2 City of Sedona Street Maintenance
Contract JOC 16-S-01
3 MCDOT JOC 2017-001 Roadway
Stabilization and Paving Services
4
Pinal County Pavement
Preservation and Repair Services
175923ROQ
5 1 GPA Asphalt Products and
Services 17-16P-01
5
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
KEY ADVANTAGES
3. SUBCONTRACTOR SELECTION PLAN
SUBCONTRACTOR SELECTION PLAN
Cactus will consider using qualified subcontractors for all specialty
trades needed for each project. Selection will not be made by the
lowest price alone, but through a combination of price and performance
factors. To ensure the best mixture of price, productivity, and quality
from our subcontracting team, Cactus will consider the five performance
factors listed below when selecting subcontractors:
1. Work performance and experience
2. Partnering ability
3. Cost control and pricing
4. Safety program compliance
5. Overall quality of work
We believe implementing these five factors into the subcontractor
selection process allows for a fair and precise evaluation of each
respondent. Cactus can then choose the most qualified subcontractors
based on the needs of individual job orders.
Cactus will implement this subcontractor selection plan in the beginning
stages of the job order to determine which subcontractors will be
qualified to provide further pricing when needed.
This subcontractor selection plan benefits the MCFCD and Cactus for
this JOC because it ensures that a predetermined, qualified team is
assembled to construct all job orders and is done in cooperation with
the MCFCD. Additional advantages are outlined in Figure 2.
Cactus will give a point value
to each of the five factors listed
(0-5 points) and will determine
the subcontractor to be selected
based on the total score.
SELF-PERFORM CAPABILITIES
With our skilled workforce and over 44 years of experience across
Arizona, Cactus has the capability to self-perform at least 75% of the
work anticipated on this JOC. Table 1 presents the scopes of work that
can be self-performed and/or subcontracted. This table includes the
minimum number of qualified
subcontractors available for
each trade, who are pre-
qualified based on Cactus'
sub-selection plan.
6
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Scope of Work
Minimum
Number
Self-
Perform
Subcontract
Scope of Work
Minimum
Number
Self-
Perform
Subcontract
Roadway Grading
3
•
Excavating
1
•
Paving
2
•
Repairs
2
•
Patching
2
•
Striping*
4
•
•
Rehabilitation and Rejuvenation*
2
•
•
Concrete*
3
•
•
Water
3
•
Sign Placement
3
•
Sewer
2
•
Electrical and Lighting
2
•
Drainage*
4
•
•
Landscaping
2
•
Curbs and Sidewalks*
3
•
•
Demolition*
2
•
•
*Depending on size and scope
TABLE 1 | Scope of Work to be Self-Performed Versus Subcontracted
FIGURE 2 | Key Advantages of Cactus’ Subcontractor Selection Process
TIMELY RESPONSES Clearly defined scope of work results in
subcontractors' quick responses with pricing.
QUALIFIED SUBCONTRACTORS Pre-screened and selected
subcontractors ensures the most qualified subcontractors for each job.
LIKE-MINDED PARTNERS Cactus' subcontractor selection plan sets
clear expectations and relays the importance and expectations of JOC
work, emphasizing quality, safety, and schedule.
REPEAT SUBCONTRACTORS FAMILIAR WITH JOC Extensive
subcontractor pool with proven experience in successfully performing
job orders with Cactus' team.
CLEAR EXPECTATIONS Clear expectations of the job order are
defined prior to selection on the scope of work, quality, and safety
requirements needed.
3. SUBCONTRACTOR SELECTION PLAN CONTINUED
Cactus utilizes a proactive approach to anticipate construction
material needs by creating a master supply list at the start of each
year and identifying long lead items such as chip aggregate and
slurry/micro aggregate. Cactus works closely with owners, suppliers,
and major subcontractors to forecast projects and establish a backlog
of supply. This strategy enables Cactus to effectively manage material
supply and cost forecasting for the current local construction market.
LOCAL CONSTRUCTION MARKET MATERIAL SUPPLY/COST FORECASTING ABILITY
The pre-qualified major trade subcontractors whose services may
be utilized during this JOC are outlined in Table 2.
7
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
4. PROJECT MANAGEMENT PLAN
a) SUBCONTRACTOR SELECTION PROCEDURES
After completing a site visit and developing the cost estimate, JOC
Program Manager Brian Barnum and JOC Project Manager Thomas
Mucenski will determine whether a subcontractor is needed depending
on the scope and complexity of the work. Cactus will follow the
subcontractor selection plan outlined in Section 3 when choosing the
subcontractor best suited for the job.
During job order development, Cactus will involve the MCFCD in
scoping and solicitation efforts. If the MCFCD does not approve a
subcontractor or if the MCFCD needs additional information, Cactus will
make every effort to make sure the MCFCD's needs are met.
b) SCHEDULE MANAGEMENT AND CONTROL
Cactus’ decades of experience with JOCs have guided our development
processes, which are specifically tailored to the JOC delivery method.
Our process is described below and illustrated in Figure 3 on the
following page.
We have refined specific step-by-step criteria, beginning when Cactus
receives the formal job order request from the MCFCD. Cactus reviews
the request, and a comprehensive estimate is prepared, including the
entire scope of work. Each work item is estimated according to the
agreed-upon price list developed as part of the original request for
qualification (RFQ). The estimate is then submitted to the MCFCD
for approval. Once a notice to proceed (NTP) is received, Cactus
will set up the job order in our system and assign a project number.
From this point, the job order will move to the scheduling phase. Once
scheduling is complete, Cactus will notify the MCFCD when we intend
to begin the project. Public notifications will be issued when the MCFCD
approves the start date, and message boards will be strategically
placed throughout the project limits. A daily production schedule is also
developed so all stakeholders know how the project is expected to
proceed and the sequence concerning items of work. When considering
this process with the MCFCD, JOC Project Manager Thomas Mucenski
will update the Smart Sheet concerning the progress of each job order
weekly or as needed.
Name
Services Provided
History w/ Cactus Reference Contacts
DBA Construction
• Concrete Flatwork
• Concrete Structures
• Minor Fencing
10+ years of
experience with
Cactus and team
Included in
Attachment 1
UUCON
• Concrete Flatwork
• Concrete Drainage
Structures
• Riprap
5+ years of
experience with
Cactus and team
Included in
Attachment 1
Metro Survey
• Survey
• Layout
• Project Design
Assistance
8+ years of
experience with
Cactus and team
Included in
Attachment 1
TABLE 2 | Pre-qualified Major Trade Subcontractors
The Salt River Pima-Maricopa Indian Community has worked with
Cactus Asphalt under a JOC contract since 2010. We have been
pleased over the years with their service, workmanship, and honest
advice. I highly recommend them to any other agency looking for a
good, well-rounded JOC contractor.”
JENNIFER JACK, PE
Salt River Pima-Maricopa Indian Community
8
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Cactus has a full-time Operations Scheduler who manages the master
schedule for every Cactus crew. JOC Program Manager Brian Barnum
will work with Cactus' Operations Scheduler early to lock in key
dates for the project schedule. A detailed schedule breakdown will be
uploaded to the MCFCD for review prior to the job order preconstruction
meeting. Updates will be communicated as often as necessary to
ensure all parties know of any schedule changes.
Cactus uses the following software programs to manage and construct
our JOCs. These systems have successfully performed job orders
on previous MCFCD work and for numerous other JOCs with various
municipal agencies. These systems include:
Project Estimating. Cactus utilizes Bid2Win software to generate
accurate cost estimates concerning each phase and scope of work for
each MCFCD job order.
Planning and Scheduling. Microsoft Project Software is used to generate
a critical path method schedule.
Project Engineering. AGTEK and PLANSWIFT software are used to
digitize plans and calculate area, quantities, and volumes.
Project Management. Timberline and Build2Win software are used to
track submittals, construction progress, and job order costs.
SUBMITTALS
JOC Project Manager Thomas Mucenski will work closely with MCFCD
on submittals, including but not limited to Storm Water Pollution
Prevention Plan (SWPPP), safety plans, work plans, municipal permits,
wildlife surveys, and other necessary information.
FIGURE 3 | JOC Process
1
1 Receipt of
Receipt of
Job Order
Job Order
2
2 Site Visit
Site Visit
4
4 Estimate Submitted for
Estimate Submitted for
Approval by the MCFCD
Approval by the MCFCD
6 Project
Project
Set Up
Set Up
8 Preconstruction
Preconstruction
Meeting
Meeting
12
12 Weekly Updates
Weekly Updates
of Smart Sheet
of Smart Sheet
3 Preparation
Preparation
of Estimate
of Estimate
5
5 Receipt of
Receipt of
NTP
NTP
7
7 Scheduling
Scheduling
9
9 Start Date
Start Date
Notification
Notification
$
10
10 M
MCFCD Approval
CFCD Approval
of Start Date
of Start Date
11
11 Development of Daily
Development of Daily
Production Schedule
Production Schedule
SUBCONTRACTOR COORDINATION AND OVERSIGHT
Subcontractors will be required to provide any necessary material
certifications. Cactus will supervise subcontractor activities to ensure
work is performed according to specifications, traffic control is set
properly, the work zone is maintained safely, tasks are completed
on time, and the site is left in an acceptable condition at the end
of each day.
PROJECT AND MATERIAL AVAILABILITY
With 44 years of experience, Cactus is familiar with the seasonal
aspects of surface treatments and, therefore, schedules appropriately.
As the MCFCD's single point of contact, JOC Program Manager Brian
Barnum will work closely with our material suppliers and office staff
to ensure the MCFCD has material and other product information
before the preconstruction meeting. Additionally, Brian will work with
Cactus' dedicated Operations Scheduler to ensure time is secured for
supervision and crews to perform and manage the work on the critical
path schedule regarding project schedule and material availability.
Table 3 on the following page showcases recent projects completed
within or before the originally scheduled completion date.
ACHIEVING SCHEDULE GOALS
Cactus offers an experienced JOC team that understands the
importance of collaboration with the Owner and Engineer to achieve
schedule goals. Our team will lead the effort to ensure we include the
complete scope, existing conditions, and other elements affecting the
project in our preliminary schedule. If these items do not align with the
4. PROJECT MANAGEMENT PLAN CONTINUED
9
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
project goals, we will work with the MCFCD and Engineer on potential
alternative options (VE), evaluate a possible reduction in scope,
eliminate unnecessary work, or further partner with subcontractors and
suppliers for additional options until we can meet the desired schedule.
We have the capability to expedite the schedule through additional
crews, double shifts, or work to complete goals within the preferred time
frame, which we would incorporate into the final schedule.
Since Cactus routinely partners with multiple agencies, we have
become accustomed to prescheduling anticipated work needed in
future seasons when capacity is decreased (especially true for paving
and chip sealing). We regularly block out dates early in the year in
anticipation of JOC projects that can be determined at a later date.
Project Name
Description
Original
Duration
Final
Duration
City of Casa Grande Spring
2023 FAST and Patching
Chip sealing and asphalt
patching on arterial roadways
20 days
20 days
Pinal County Fog Seal
Summer 2023
Fog seal application at
various locations
14 days
12 days
City of Eloy CIP Streets
Projects FY 22-23
Chip sealing, fog sealing, and
patching on various streets
14 days
13 days
City of Glendale 0511
Slurry Seal
Neighborhood slurry seal
8 days
7 days
City of Casa Grande Burris/
Clayton/Ethington Roadway
Reconstruct
Roadway grading and
chip sealing
37 days
33 days
Pinal County Spring
2023 TR+ Chip Seal
Chip sealing in Casa Grande
and Marana neighborhoods
13 days
11 days
City of Casa Grande Spring
2020 Pavement Preservation
Chip sealing and fog sealing on
various roadways
35 days
31 days
TABLE 3 | Cactus' History of Successfully Meeting Project Schedules
4. PROJECT MANAGEMENT PLAN CONTINUED
5. BUDGET AND SCOPE
MANAGEMENT CAPABILITY
Cactus will implement a thorough budget management and control
process for this project. Our process focuses on partnership and the
transparent development and communication of anticipated costs and
line-item quantity values to minimize allowance usage.
The First 90 Minutes. Our team of professionals moves quickly from the
moment JOC Program Manager Brian Barnum receives your call for
any type of job order.
Mobilizing the Core Team. Brian will notify key JOC Division team
members and call a kick-off huddle to ensure all departments are on the
same page for emergency or non-emergency job orders.
Building Scope/Cost Estimate. Immediately after the huddle, JOC
Estimator Jeff Abram will begin to assemble pricing from known
conditions and will join the Division Managers during the preliminary
site visit to gauge the scale and scope of the job order accurately. This
is typically the same day for emergency projects. The initial proposal
submitted to the MCFCD is usually turned around in 2-7 working days,
depending on the scope and complexity.
Identifying Resources. The JOC scheduling, operations, and
administrative teams work with Brian Barnum and JOC Project Manager
Thomas Mucenski to identify and commit resources. Brian will work with
Cactus's safety manager to review field approaches and best practices
while Cactus's traffic control manager begins scheduling internal or
external traffic control teams.
Ensure the Lowest Cost. The final estimate package is reviewed
by Brian Barnum and Thomas Mucenski to ensure the best value
for the MCFCD.
Submit Pricing for Review. The movement to developing an accurate
estimate occurs behind the scenes. As a result, we provide the MCFCD
with a rapid but comprehensive, knowledgeable response to every job
order regardless of schedule or urgency.
Mobilize. The handoff from “plan to execute” occurs immediately, with
Thomas Mucenski responsible for managing the execution of individual
job orders in the field. Thomas will work directly with Division Managers,
10
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
traffic division resources, and the Cactus safety team to facilitate the
quick start of work. A project supervisor (determined closer to the
construction start time) will be on-site full-time during the completion of
all work performed by Cactus under this JOC. Cactus has an average
14-day window to mobilize and start work on the job order.
Collaborate and Construct. As individual job order work progresses,
Thomas Mucenski will coordinate with the MCFCD's JOC personnel to
ensure rapid, on-site resolution of RFIs, City and or County inquiries,
or to spearhead immediate resolution of public concerns. Thomas will
be responsible for regular updates to the MCFCD and Brian Barnum
on the progress, schedule, and scope of all work occurring under this
JOC. If the MCFCD has changes/additions to the scope, we will quickly
generate a change order proposal so the MCFCD can make decisions
timely. Upon approval, the change will be relayed to the project and field
management team to incorporate into the project plan and schedule.
Closeout and Communicate. At the completion of the job order, the
project supervisor will work with the traffic division to ensure immediate
pickup of barricades and clearance of any traffic lanes. Our ability to
rapidly coordinate the traffic control scope reduces public frustration
with lane closures occurring with no visible work ongoing. The project
supervisor will walk the site with the MCFCD's JOC staff to ensure we
have met both the MCFCD's specifications and any public concerns
over the work performed.
Key to ensuring budget and scope management are successfully
executed are the following elements:
QUALITY CONTROL AND QUALITY ASSURANCE
Quality control (QC) and quality assurance (QA) go hand in hand to
manage materials, testing, and construction. Thomas Mucenski will
work closely with Cactus' various laboratory partners to facilitate any
required materials testing prior to and during a project. Thomas will
ensure all material certifications and on-site testing requirements are
met according to industry standards and the MCFCD's expectations.
CHANGES IN SCOPE OF WORK
Through rapid communication and using a “triage” approach involving
estimating field and management personnel, the team quickly
addresses scope changes and modifies staffing to accommodate these
changes effectively. Cactus understands that project funds are finite,
Cactus has worked with us in a true partnership. Cactus’ team
has demonstrated their depth of experience and capabilities in
making our pavement maintenance program a success. We would
recommend Cactus to anyone looking for a reliable, knowledgeable
and financially sound pavement maintenance company!”
PEDRO APODACA
Street Superintendent City of Casa Grande
so we diligently collaborate with the MCFCD to minimize potential
impacts on project scope and ensure transparency at every step of job
order execution.
VALUE ENGINEERING
VE is an essential aspect of an excellent partnering program. Cactus
has been at the forefront of VE concerning material development and
construction procedure improvement for the past ten years. This effort
has resulted in the utilization of many new pavement preservation
systems that have been in place long enough to have proven long-term
performance and, at the time of introduction, were new to the industry
in Arizona. When considering a VE option to overcome a challenge, all
stakeholders must have buy-in that the new concept will be more cost-
effective and durable than the traditional alternative.
BALANCING WORKLOADS
Each division of Cactus (listed in Figure 1 on page 4) is managed by a
single Division Manager who balances the flow of crews and resources
to the various job orders. Project Manager Thomas Mucenski will
collaborate closely with the Division Manager to facilitate the crews and
resources required to complete each job order. Cactus is a diversified
company with multiple crews that perform various types of work,
including grading, chip sealing, hot mix overlay, and concrete. Our
teams consist of highly qualified individuals who are cross-trained to
operate in all aspects of our construction disciplines. Over the past five
years, while working with the MCFCD on previous job orders, Cactus
has consistently scheduled all required work, including additional tasks
necessary for quick completion due to fiscal year-end issues.
5. BUDGET AND SCOPE MANAGEMENT CAPABILITY CONTINUED
Key Project / MCFCD, Subcontractor, and Stakeholder Interaction
Agua Fria River Crest Safety Improvement
• Owner project personnel interaction: Refer to Demonstrated Excellence below.
• Subcontractor interaction: Key subcontractors were engaged early to develop
work plans and safety protocols that were implemented throughout the project.
• Stakeholder interaction: The City of Avondale was notified early in the planning
stages due to the project's impact on the City's roadways.
• Team/partnering approach: Refer to Demonstrated Excellence below.
White Tanks FRS No. 3 Outfall Channel West Access Road
• Owner project personnel interaction: Conducted multiple project visits with
MCFCD during proposal development.
• Subcontractor interaction: Key subcontractors were given "early access" to
provide input on design and constructability based on plans and specifications.
• Stakeholder interaction: Early and consistent notifications were given to adjacent
property owners (homeowners and commercial properties) regarding impactful
related activities.
• Team/partnering approach: Achieved on-time and under-budget delivery
with a repeat customer.
FIGURE 4 | Experience Interacting with the MCFCD
During our initial job order under the MCFCD's JOC (Agua Fria
River Crest Safety Improvement) Jeff Abram and Jim Pulice led the
project alongside the MCFCD to assess the scope of work and the
site. Cactus then collaborated with our paving division manager and
other experts to create the initial estimate, addressing specialized
production and safety concerns (specifically, paving on the slope of
a levee). Following this, we presented our plan to the MCFCD and
refined our estimate based on our collaborative team approach.
FUNCTIONING IN A TEAM SETTING TO ACHIEVE A SUCCESSFUL PROJECT
DEMONSTRATED EXCELLENCE: Multidisciplinary problem-solving
approach ensured the successful completion of this project • The team
skillfully handled specialty production and safety concerns, including
paving on a levee slope • Cactus presented the plan to the MCFCD
and refined the estimate through a collective effort, underscoring the
team's effective communication and coordination
7. EXPEDITED COMPLETION
a) PRACTICES AND PROCEDURES TO SAVE TIME
As experts in the field, our practices and procedures have been
developed over the past 44 years. Practices and procedures specific
to completing projects for this JOC are outlined in Figure 5 on the
following page.
b) RESOURCES
Cactus has established a cross-training program for our various crews
so they can perform a variety of services and applications. For example,
our concrete, grading, and paving crews can provide crack sealing, fog
sealing, seal coating, and patching services when a project requires it. To
accommodate and support these crews, Cactus has invested in Arizona’s
largest high-performance, state-of-the-art pavement preservation and
Cactus will partner with the MCFCD as an extension of the MCFCD's
staff throughout design, procurement, and construction, working
towards the project goals. We will maintain open, transparent, and
timely communication throughout the contract. We will begin the JOC
with a kick-off to initiate our partnering approach, understand the
MCFCD's goals and expectations, and develop team cohesion.
Cactus brings experience from the JOC for the Flood Control District
of Maricopa County, where we partnered with the MCFCD on the Agua
Fria River Crest Safety Improvement and the White Tanks FRS No.
3 Outfall Channel West Access Road (see adjacent Figure 4). During
this collaboration, we also engaged with the MCFCD to work on a
proposal for a basin and access road in Chandler, AZ. This process
involved providing a price based on a comprehensive field visit and
plans, followed by negotiations to align with the MCFCD's budget,
allowing us to proceed with planning the work. The effort included the
development of site-specific work plans, safety plans, and all necessary
documentation, enabling a quick mobilization from a September site
visit to contract initiation in December. We are eager to build on this
successful collaboration and partnership and have the opportunity to
complete this project under this JOC for the MCFCD.
6. TEAM APPROACH CAPABILITY
11
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
maintenance equipment,
including 3 paving machines,
8 rollers, 4 skip loaders, 9 spreader
trucks, 5 seal coat trucks, 9 crack
pots, 16 small trailers, 5 semi-
trailers, and 5 beavertail trailers –
all relevant pieces of equipment in
making this JOC successful. These
resources, coupled with Cactus’
decades of experience across
Arizona, will ensure Cactus can
expertly execute the practices and
procedures outlined in Figure 5.
c) SIMILAR PROJECTS
Section 1. Prior Experience includes
examples of projects similar in
nature, size, and scope where
Cactus has successfully applied
the practices and procedures
proposed for this JOC. Figure 5
demonstrates how these proposed
practices and procedures relate to
each relevant project. Reference
information for each project is
provided in Attachment 1.
FIGURE 5 | Proposed Practices and Procedures to Save
Time on this JOC, and their Success on Similar Projects
The Cactus team is well-versed
in all aspects of construction
and multi-agency coordination.
From traffic control permits to
dust control and native species
surveys, Cactus identifies these
items during the pre-proposal walk
with the customer to ensure all
bases are covered.
UNDERSTANDING OF SCHEDULE IMPACTS
WITH LOCAL PERMITTING AGENCIES
12
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
1. MCFCD
of Maricopa
County
JOC
2. Sedona
Street
Maintenance
Contract
3. MCDOT
Roadway
Stabilization
and Paving
4. Pinal Co.
Pavement
Preservation
& Repair
5. 1 GPA
Asphalt
Products
& Services
TIME-SAVING PRACTICES AND PROCEDURES
From Prior Experience in Section 1.
Effective Team Communication
• Conduct project visits to assess client needs
• Establish clear goals early in design and pricing
• Discuss construction savings with owners
• Establish and optimize processes to seamlessly integrate
with clients’ systems and communication methods
Rapid Emergency Response
• Quickly mobilize for emergency projects when necessary
Proactive Budget Establishment
• Use book-based pricing and milestone prices (60%
Design/90% Design) to establish budgets
Early Stakeholder Engagement
• Implement a five-step factor selection process to involve
selected subcontractors early in the design process
(refer to sub selection plan in Section 3)
• Ensure all stakeholders attend kick-off meetings
Strategic Phased Construction
• Simultaneously carry out multiple phases of work,
utilizing open schedules during spring and fall
Adaptable Project Management
• Address varying client needs based on project scopes
and manage multiple Public Entities involved
Coordination with Adjacent Contractors
• Coordinate with other contractors in the vicinity of the
work zone if necessary
Streamlined In-house Transport
• Optimize transport using Cactus' position as the largest
liquid asphalt hauler in the southwest, capable of
handing larger product volumes per job
Multidisciplinary Crew Management
• Utilize Cactus’ training program to have crews available
for multiple scopes of work throughout a project
ATTACHMENTS
8. SAFETY
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
SAFETY RECORD
OSHA 300A 2022
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
OSHA 300A 2023
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
SAFETY MANUAL
SAFETY AND HEALTH PLAN
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Table of Contents
EMPLOYEE SAFETY ........................................................................................................................................ 1
100
New Hire Safety Orientation ......................................................................................................... 1
101
Safety Overview ............................................................................................................................ 2
102
Footwear Policy ............................................................................................................................. 3
103
Personal Protective Equipment Program...................................................................................... 3
104
Safety Meetings ............................................................................................................................ 4
105
First Aid and Medical Treatment Program/Procedures ................................................................ 6
106
Jobsite Accident Investigation and Reporting Procedures ........................................................... 7
107
Emergency Response Procedures ................................................................................................. 7
108
Hearing Conservation.................................................................................................................... 8
109
Hazard Communications ............................................................................................................... 8
110
Safe Handling of Hot Asphalt ........................................................................................................ 9
110.1
Introduction ........................................................................................................................ 10
110.2
Worker Safety Rules and Regulatory Compliance .............................................................. 10
110.3
Don’t Be a Hotshot around Hot Asphalt ............................................................................. 10
110.4
Personal Protective Equipment .......................................................................................... 11
110.5
Site-specific PPE Requirements ........................................................................................... 11
110.6
Guidelines for the Use of PPE ............................................................................................. 11
110.7
First Aid for Asphalt Burns .................................................................................................. 11
110.8
Loading Precautions ............................................................................................................ 12
110.9
Fall Protection ..................................................................................................................... 12
110.10
Pre-Trip Inspection ........................................................................................................... 12
110.11
Safe Asphalt Storage ........................................................................................................ 13
110.12
Tank Gauging Hazards ...................................................................................................... 14
110.13 Confined Space Entry ........................................................................................................... 15
111
Traffic Control ............................................................................................................................. 15
112
Heavy Equipment Safety ............................................................................................................. 15
113
Dust Control ................................................................................................................................ 17
114
Handling/Storage of Flammable/Combustible Substances ........................................................ 17
115
Fire Prevention ............................................................................................................................ 18
116
Ladders ........................................................................................................................................ 18
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
117
Fall Protection ............................................................................................................................. 19
118
Portable Toilets Policy ................................................................................................................. 19
119
Lockout/Tagout Procedures ........................................................................................................ 19
120
Respirator Protections ................................................................................................................ 20
121
Excavations and Trenching.......................................................................................................... 21
122
Forms and Shoring ...................................................................................................................... 22
123
Pumping and Drainage ................................................................................................................ 23
124
Water Pollution ........................................................................................................................... 23
125
Air Pollution ................................................................................................................................ 23
126
Lighting and Electrical Equipment .............................................................................................. 23
127
Clean-Up ...................................................................................................................................... 24
Types of Materials ....................................................................................................................................... 24
200
Materials Chart ........................................................................................................................... 24
200.1
Safety Data Sheets (SDS) & Registration Books .................................................................. 25
200.2
Placarding ............................................................................................................................ 25
201
Loading and Unloading Material ................................................................................................. 25
GENERAL DRIVING SAFETY .......................................................................................................................... 26
300
Changes of Federal Safety Regulations and Company Policies ................................................... 26
301
DOT, FHWA, and State Laws ....................................................................................................... 26
302
Vehicle Inspection Reports ......................................................................................................... 26
302.1
Preventative Maintenance Service ..................................................................................... 26
302.2
Breakdowns ......................................................................................................................... 26
302.3
Fueling ................................................................................................................................. 26
302.4
Interior of Vehicle ............................................................................................................... 27
302.5
Equipment License Plate and Registration Check ............................................................... 27
303
Pre-Trip and Post-Trip Requirements ......................................................................................... 27
304
Procedures for Pre-Trip Inspection of Tractors and Trailers....................................................... 27
305
Company Load Securement Policy .............................................................................................. 28
306
Random Inspections .................................................................................................................... 28
307
Regulatory Vehicle Inspections ................................................................................................... 28
308
Hours of Service .......................................................................................................................... 28
309
Following Distance Policy ............................................................................................................ 29
310
Accident Prevention and General Safety Rules .......................................................................... 29
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
310.1
Compliance.......................................................................................................................... 29
310.2
Unauthorized Passengers.................................................................................................... 30
310.3
Speed Limits/Speeding ........................................................................................................ 30
310.4
Tailgating ............................................................................................................................. 30
310.5
Being Followed Closely ....................................................................................................... 30
310.6
Passing ................................................................................................................................. 30
310.7
Changing Lanes ................................................................................................................... 30
310.8
Stopping on the Highway .................................................................................................... 30
310.9
Curves and Turns ................................................................................................................. 31
310.10
Railroad Crossing .............................................................................................................. 31
311
Accident Reporting...................................................................................................................... 31
312
On-the-Job Injuries...................................................................................................................... 32
313
Traffic Tickets and Citations ........................................................................................................ 32
314
Seat Belts/Restraints ................................................................................................................... 33
315
Two-Way Radios ......................................................................................................................... 33
316
Radar Detectors .......................................................................................................................... 33
ALCOHOL AND CONTROLLED SUBSTANCE POLICY ..................................................................................... 33
400
Statement of Policy ..................................................................................................................... 33
401
Program Administrator ............................................................................................................... 34
402
Employee Compliance with Regulations ..................................................................................... 34
403
Personnel Subject to Testing ...................................................................................................... 34
404
Refusals to Test ........................................................................................................................... 34
405
Safety-Sensitive Functions .......................................................................................................... 35
406
Prohibited Conduct ..................................................................................................................... 35
407
Tests Required ............................................................................................................................ 36
408
Testing Procedures...................................................................................................................... 36
409
Arizona Medical Marijuana Act ................................................................................................... 37
410
Employment Assistance Program (EAP) ...................................................................................... 38
SAFETY ACKNOWLEDGEMENT .................................................................................................................... 39
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
1
EMPLOYEE SAFETY
100
New Hire Safety Orientation
Cactus’s designated representative will indoctrinate all employees regarding all safety requirements. All
new hires shall have this indoctrination during orientation, prior to entering company property and all
project sites. Cactus will supply safety equipment to our employees and require that subcontractors
supply proper safety equipment to their employees. The use of such equipment will be enforced.
The following safety and health rules are a partial list of general regulations that will apply to all
employees on projects. Any employee who carelessly or callously disregards these rules or other safety
and health regulations shall be subject to disciplinary action up to and including termination.
For life-threatening situations or callous disregard of these rules, the employee may be terminated at the
time of the incident.
The following safety and conduct guidelines will be rigidly enforced at all times while on any job site:
•
Fighting, gambling, horseplay, and other misconduct are not permitted. Threatening another
employee will not be tolerated.
•
The use or possession of alcohol or narcotics on the job is prohibited. Any employee reporting for
work under the influence of alcohol or narcotics will not be allowed to work and will be subject to
disciplinary action which could result in immediate termination. Cactus maintains a drug-free
workplace. Please refer to separate Alcohol and Control Substance Policy.
•
Be alert for and heed all barricades, barriers, and warning signs at all times.
•
Do not smoke in areas marked “NO SMOKING” or near flammable or combustible materials.
•
Keep clear of all equipment. Avoid pinch points and blind areas. Be alert to avoid swinging or
suspended loads.
•
No jumping on or off equipment or vehicles, either moving or stationary is prohibited.
•
Riding on the back of any vehicle is strictly prohibited.
•
Ride only in vehicles designated for transporting personnel.
•
Only authorized and properly trained and supervised personnel are permitted to operate
equipment, vehicles, valves, electrical switches, and similar machinery. All personnel will be
instructed in the safe use of tools and equipment pertaining to their occupation and in the use of
personal protective equipment.
•
Riding loads, forks, buckets, slings, the ball, crane hook, or other material hoisting equipment is
prohibited.
•
Whenever employees are required to work on or in close proximity to electrical equipment or
circuitry, appropriate tagging shall be placed to identify all controls deactivating the circuit and
the circuit shall be locked out.
•
Unless authorized, do not attempt to repair or tamper with equipment that is not functioning
properly. Report malfunctions to supervisors.
•
Misuse of tools and equipment or circumventing safety devices can result in injury. Do not use
makeshift tools or equipment to perform your job.
•
Keep all machinery guards, guardrails, barricades, barriers, and other protective devices in place.
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
2
•
All Cactus personnel, subcontractor personnel, visitors, salespersons, etc. are required to wear a
hard hat, safety vest, safety glasses, and gloves at all times on job sites. This requirement is
mandatory for every person on site, including equipment operators, ground personnel, structural
workers, etc. Other personal protective equipment, such as respiratory and hearing protection,
will be supplied by Cactus or the subcontractor and used as required. Safety boots (steel toed
preferred) are mandatory for all shop personnel and all employees at any job site. Employees
needing to replace worn out gloves, vests, or safety glasses must notify their immediate
supervisor to be issued replacements.
•
Shirts and long pants are mandatory. T-shirts with a 4” sleeve length are required, as a minimum.
Employees working with hot material must wear long sleeves. Employees must wear jeans or
work pants. Sweatpants, joggers, and other pants of thin material are not allowed.
•
Do not use compressed air to dust off clothing or skin.
•
All fire protection and emergency equipment will be plainly marked and must be kept free of
obstruction for emergency use.
•
Firearms and explosives are prohibited within construction areas.
•
Store and use gas cylinders in a secure, upright position and tied off.
•
Maintain good housekeeping. Keep waste, debris, and rubbish cleaned up. Place all lunch papers,
cups, cans, and other litter in trash receptacles. Discard and/or store all oily rags, waste, and
similar combustible materials in metal containers provided for that purpose.
•
Be alert at all times to conditions and work processes in your area and surrounding areas. Be
considerate of other workers and equipment. Identify hazards, unsafe conditions, and acts, and
take necessary corrective action.
•
Report all unsafe practices and conditions to your supervisor or the Safety Manager at once.
•
Never enter a confined space without a confined space entry permit. Contact the Cactus Safety
Manager for this permit. If you do not understand what a confined space entry permit is, do not
under any circumstances enter a confined space.
•
While working with or around hazardous materials, all Safety Data Sheet (SDS) precautions must
be taken. This includes but is not limited to respiratory protection, eye protection, gloves, boots,
and associated clothing. All employees must receive Hazard Communication training and be
aware of where the SDS are kept.
101
Safety Overview
Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees
must immediately report any unsafe condition to the appropriate supervisor. Employees who violate
safety standards by causing hazardous or dangerous situations or who fail to report, and where
appropriate, remedy such situations, may be subject to disciplinary action, up to and including
termination of employment.
In the case of accidents that result in injury, regardless of how insignificant the injury may appear,
employees should immediately notify their immediate supervisor and the Safety Manager. Such reports
are necessary to comply with laws and initiate insurance and workers’ compensation benefits procedures.
8. SAFETY
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3
102
Footwear Policy
All shoes must be closed-toed. Flip flops, sandals, mules, and any shoes not secured to the foot will not be
allowed at any time to be worn at Cactus. This applies to all property areas of the company’s work areas.
It serves as protection for your feet against any potential hazards in the environment, i.e. slips, trips, and
other potential foot injuries.
Anyone entering these areas with inappropriate footwear with be subject to written warning and sent
home to get proper footwear. Further action will be based on the total occurrences of such violation.
103
Personal Protective Equipment Program
OSHA reports that, on average, 500 workers are injured on the job every day. One simple, but effective
protection against a range of common injuries is the use of personal protective equipment (PPE) –
hardhats, safety vests, proper clothing, ear and eye protection, gloves, hard-toed boots, and specialized
devices such as respirators and lifesaving equipment.
During New Hire Orientation, the Safety Manager will discuss proper PPE for daily use. In the field,
supervisors are required to assess the workplace to determine if hazards are or are likely to be present,
and what additional PPE is necessary. Supervisors will ensure that the employees utilize the additional
PPE properly.
The following are considered PPE:
•
Hardhats – ANSI-approved hardhat use is mandatory at job site locations. It is important to ensure
the employee understands the proper use of hardhats, as well as the function of their
components such as the shell and the suspension.
•
Eye Protection – Appropriate eye protection is mandatory at job sites and may include a range of
tools, such as:
o
ANSI-approved safety glasses with side shields
o
Goggles/face shield
o
Cutting goggles/welding hood (awareness includes understanding the filter lens shade
numbers)
•
Hearing Protection – Hearing protection awareness includes an understanding of the types of
protection (e.g., disposable and reusable plugs, muffs, or headsets), ratings of protection
devices, when hearing protection is required, and proper hygiene practices related to hearing
protection equipment.
•
Hand Protection – Gloves are required to assure safe working conditions and the types of gloves
to be utilized depend on the following circumstances:
o
General
o
Chemical
o
Welding
o
Insulated
•
Foot Protection – ANSI-approved safety shoes are mandatory at job sites. It is important to know
about adequate foot protection in general, as well as the types of protective footwear that may
be required depending on the circumstances.
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
4
•
Clothing – There are mandatory requirements regarding the types of pants/leg coverings, shirts,
and other specialized protective clothing. There are also certain activities may necessitate
additional limb and/or torso protective wear.
•
Other PPE Applications – In addition to general PPE awareness and competency, other types of
PPE devices may be required, depending on conditions and activities, such as:
o Harnesses
o Lifelines
o Life-saving devices
o Safety nets
104
Safety Meetings
Daily meetings will emphasize Cactus’s commitment to job site safety, rules, penalties for violating rules
and standard codes, the cause of accidents in a particular trade, and way of preventing future accidents.
A record of these meetings will be maintained in a THA booklet and will include major topics discussed
and signed attendance sheet of employees in attendance. A copy of this record will be forwarded to the
Safety Manager monthly.
The Cactus Safety Manager or supervisor will conduct weekly “tail-gate” safety meetings with all Cactus
personnel in attendance. If a situation arises that warrants attention, additional “tail-gate” meetings may
be held. Quarterly Operations meetings will be held for all Cactus personnel.
Cactus will have follow-up field training by the site safety office and supervision to ensure Contractor’s
Safety Rules and Regulations are fully understood and complied with.
Each Cactus supervisor, subcontractor supervisor, and foreman will check the work area or job to ensure
that it is a safe and clean work environment. The following checklist should be followed as a minimum:
i.
Orderliness:
a. Alignment of Materials
b. Scrap Disposal
c. Access to Storage and Work Areas
d. Interior of Gang Boxes
e. Alignment of Gang Boxes
f.
Removal of Excess Materials & Tools
ii.
Barricades:
a. Height
b. Access
c. Ducking Under
d. Uniformity
e. Number (too many, too few)
f.
Removal of Excess Materials & Tools
iii.
Ladders:
a. Distance at Base (4 to 1 rule)
b. Correct Tie Off
c. Wrong size for the Job
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
5
d. Misuse by Employees
e. Stability
f.
Storage
iv.
Tripping & Slipping:
a. Location of Hose and Leads
b. Height of Hose and Leads
c. Cleared Passageways
d. Grease, Oil, Ice, Water
e. Cleared Stairways
f.
Piling of Scrap on Finished Boards
g. Red Flagging of Hazards
v.
Rigging:
a. Chainfalls
b. Chokers
c. Slings
d. Eye of Hooks
e. Softeners
f.
Spreaders
g. Beam Clamps
vi.
Tools:
a. Correct Use of Tools
b. Proper Tool for Job
c. Mushrooming
d. Broken Handles
e. Damaged or Unsafe Condition
f.
Out of Date Inspection Tape
g. Storage
vii.
Fire Protection:
a. Location of Fire Extinguishers
b. Protection of Flammables
c. Use of Welding Equipment
d. Placement of Butt Cans
e. Disposition of Oily Rags
f.
Access to Fire Extinguishers
viii.
Fall Protection:
a. Approved Safety Belts and Lanyards
b. Excavation Fences/barricades
c. Length of Lifeline
d. Proper Size Belt for Worker
e. Approved Guardrails or Fall Protection
f.
Ladder and Scaffold Stability
g. Hole Covers
h. Decking
ix.
Danger Tags:
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a. Signed, Dated, Name
b. Correct Date
c. Misuse of Tags
d. Failure to Tag Out
e. Lock Outs as Needed
f.
Supervisory Tags (available from Corporate Office)
x.
Personal Protection:
a. Safety Glasses/Goggles
b. Gloves
c. Guards on Moving Equipment
d. Toe and Shin Guards
e. Pinch Points
f.
Hearing Protection
When a safety hazard is discovered, the hazard will be corrected prior to any work continuing in the area.
If the situation does not present an imminent danger, the hazard will be corrected by the end of the shift.
105
First Aid and Medical Treatment Program/Procedures
First aid kits are required and placed in field vehicles. They shall conform to OSHA standards and shall
consist of a weatherproof container with individually sealed packages for each type of item.
All supervisors working on projects shall instruct their employees in the following procedures that outline
action to be taken if a worker is injured, or if there is a major loss or damage to property of the owner,
contractor, or others:
Except when a potential for further injury exists to an injured worker, do not move the worker if:
•
He/she has suffered a fall
•
There is an indication of a broken bone
•
There may be injury to the back or the head
•
There is an indication of internal injuries
Report the occurrence immediately to the supervisor who will arrange for first aid treatment and/or
necessary remedial action.
Notify the Safety Manager regarding any and all accidents.
In the event of serious injury where emergency first aid facilities are not immediately available at the
scene, the Safety Manager and/or the supervisor of the employee concerned will arrange for necessary
medical treatment. The incident will be reported promptly to the designated Project Safety Officer.
Call 911 for emergency response from the police, fire department, or ambulance.
Inform the 911 operator of a location on existing public roads that will provide access to the accident site.
Arrange for emergency response people to be met at the location and escorted to the accident site.
Arrange for someone to stay at the accident scene.
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Should a fatality occur, or if five (5) or more employees are seriously injured in the same accident, the
contractor shall report the occurrence to the Project Owner, Corporate Safety Director and Occupational
Safety & Health Administration (OSHA).
The employer of any injured employee shall complete the First Report of Injury form as required by
Workers’ Compensation Laws of the State they are injured in.
If a subcontracted employee is injured, the supervisor of the injured employee will be required to fill out
the Cactus’s Accident Investigation Report form and forward a copy of the completed and signed form to
the Area Manager and Corporate Safety Director.
All contactors working on the project shall cooperate fully with any authorized officials in the
investigation of any accidents involving an injury, fatality, or property loss.
106
Jobsite Accident Investigation and Reporting Procedures
In the event of a fatal accident, serious injury, or major property damage, Cactus is required to
immediately notify the Project Owner, and where appropriate, the local authorities. Cactus and our
subcontractors must comply with all reporting requirements of OSHA and any other federal, state, or
local regulatory agency.
The Project Safety Officer shall investigate all reported incidents and accidents. Accident and incident
investigations shall be fact-finding and confined to the analysis of the occurrence and development of
preventive measures.
All injuries, no matter how slight, must be reported to the Cactus Safety Manager or your supervisor
immediately. If you are injured on the job and do not report the occurrence to your immediate supervisor
or Safety Manager, your claim may not be processed. Cactus may not be responsible for any medical
expenses incurred if the injury is not reported immediately. When an injury is reported, the supervisor
must submit an incident report, signed by the injured party (unless injured is unable), with an explanation
of how the injury occurred, how the injury could have been prevented, the extent of the injury, and if
there was lost time involved.
Submitting false or fraudulent information when reporting an accident or injury is unlawful. Filing a false
claim will not only result in loss of benefits, but could result in disciplinary action including termination,
costly fines, and/or civil prosecution.
107
Emergency Response Procedures
The following procedure shall be employed in response to an emergency situation in order to ensure
emergency response communication. All Cactus Field Supervisory personnel shall carry either a radio
phone or cellular phone. An authorized Cactus representative must be present at the work site at all
times.
In the event where a situation arises that requires an emergency response (fire, ambulance, police, etc.),
an employee of either Cactus or one of its subcontractors will notify the appropriate authority by phoning
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911. If the employee is not equipped to notify 911, he shall locate an authorized Cactus employee to
contact 911.
Immediately after the 911 call is initiated, an employee shall be dispatched to the designated intersection
to escort the emergency vehicle to the job site regardless of which direction the emergency vehicle
arrives.
The instructions given to the emergency response personnel shall stipulate that the emergency vehicles
shall enter the work site at the designated intersection, where escort vehicles will be stationed to direct
the emergency vehicles to the appropriate location. When the emergency vehicle arrives at this location,
the designated employee shall identify himself as an escort and proceed to direct the emergency vehicle
to the site of the accident.
It is imperative that the proper instructions be given to the emergency response agency to ensure that
their personnel can react in a timely manner.
Clear, level, and unobstructed access for emergency vehicles shall be maintained to all areas of the
project where possible. The Cactus Safety Representative will review the access routes on a weekly basis
to ensure that they are suitable for emergency access.
Any change in the emergency response procedure will be communicated to employees immediately,
even if it is daily.
108
Hearing Conservation
When noise levels exceed 85 decibels (established by OSHA 1926.52, Table D-2), engineering or
administrative controls shall be utilized to reduce sound levels within the established levels of the table.
If engineering or administrative controls fail to reduce the sound to an acceptable level, approved
personal hearing protection shall be provided to reduce the sound levels to an acceptable level.
Sound levels shall be established by using a standard sound level meter on the A- scale at slow response.
When two or more periods or sources of noise are encountered, the level of attenuation shall be
determined using 1926.52 (d) (2) (i).
109
Hazard Communications
The following written Hazard Communication Program has been established for the field personnel of
Cactus as per OSHA Federal Standard 29 CFR 1910.122 – Hazard Communication and 29 CFR 1910.20(c) –
Access to Employee Exposure and Medical Records.
a. Container Labeling: The Safety Manager on each project will verify that all containers received for
use by Cactus employees will:
a. Be clearly labeled as to the contents
b. Note the appropriate hazard warnings
c. List the name and address of the manufacturer
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No containers will be released for use until the above data is verified.
b. Safety Data Sheets (SDS):
Copies of SDS for all hazardous chemicals to which Cactus and all subcontractors’ employees may
be exposed will be available to supervisors upon request. SDS will be available for review to all
Cactus and Subcontractor’s employees during each work shift. Copies will be available to the
foreman, upon request.
The manufacturer or supplier must supply SDS for all chemicals received.
Obtaining and maintaining SDS will be the responsibility of the Safety Manager.
c. Employee Training and Information: Before starting work, each new Cactus employee will attend
a safety indoctrination and be given information on:
a. Chemicals and their hazards in their work areas
b. How to restrict or prevent exposure to those hazardous chemicals
c. What safety precautions have been established to restrict or prevent workers’ exposure
to these chemicals
d. Procedures to follow if they are exposed to these chemicals.
After attending the safety indoctrination, each Cactus employee will sign a form stating that they
received the Safety Training.
Before any new hazardous chemical is introduced into the field, each Cactus and subcontractor
employee will be given instruction in the same manner as during a safety class. The Safety
Manager will be responsible for seeing the SDS on new chemical products are available.
Hazardous materials used in the field will be discussed at regularly scheduled safety meetings.
Attendance is mandatory for all Cactus employees.
d. Hazardous Chemical List: It is the responsibility of the Safety Manager and supervisors to ensure
that field employees receive all necessary information about chemical-based products to be used
in the field. However, each employee must also take the responsibility of being sure he/she
understands the warnings for any particular product and must use each product in the proper
manner.
Fuel and/or oil storage equipment and maintenance facilities on project property shall be
underlain with continuous sheeting that is impervious to fuel and shall be surrounded by a berm
creating a liquid holding area with capacity double the capacity of the fuel and/or oil storage unit.
The fuel storage area shall have proper signage, grounding, and bonding for any dispensing
operations and fire protection.
110
Safe Handling of Hot Asphalt
Whether a worker loads a tanker-truck with hot asphalt at the terminal, transports it in a tanker-truck, or
works at a hot mix asphalt plant, there is no room for mistakes. Most accidents happen in the blink of an
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eye. An accident involving hot asphalt is especially serious because it can cause severe burns and even
death. There are other potential hazards as well, including fires, explosions, overfills, and tank failures.
110.1 Introduction
The purpose of this information is to train drivers, asphalt terminal and storage facility workers, and
others about precautions for handling, transporting, and storing this hazardous material.
This information does not fully address the subject of handling, transporting, and storing hot asphalt, and
should not be interpreted as precluding any other applicable procedures, regulations, or manufacturer
guidelines.
It is also important to remember that while safety is a team effort, it is also an individual’s responsibility.
110.2 Worker Safety Rules and Regulatory Compliance
The safe handling, transportation, and storage of hot asphalt is the responsibility of everyone involved,
including owners, managers, supervisors, drivers, and workers. Handling, transporting, and storing hot
asphalt requires:
•
Strict adherence to the employer’s safety rules, including the specific rules of an individual
•
Complete understanding and proper operation of personal protective equipment and fall
protection systems
•
Proper operation of loading and unloading equipment, storage tanks and tanker-trucks
•
Proper operation of any material handling equipment
•
Commitment to maintaining the safety of co-workers, vehicles, and property
Maintaining worker and site safety requires full compliance with all applicable federal, state, and local
regulations, code requirements, and industry practices. For work in the United States, no task involving
hot asphalt, storage tanks, or tanker-trucks should begin without first meeting the requirements of the
U.S. Occupational Safety and Health Administration (OSHA), as set forth in the Occupational Standards for
General Industry (29CFR Part 1910). OSHA requirements for personal protective equipment are found in
Subpart 1 of Part 1910. OSHA standards may be found on their website at http://osha.gov.
For work outside the United States, all terminal and storage facility owners should consult their
governments’ regulations, codes, and standards, as well as manufacturers’ requirements.
110.3 Don’t Be a Hotshot around Hot Asphalt
When you work around hot asphalt, following safety precautions can mean the difference between
heading home after a shift and being rushed to an intensive care unit with severe burns.
Working at a terminal, driving a tanker-truck full of hot asphalt, or unloading at a storage facility present
many unique challenges and hazards.
A driver should also know what material was previously in their tanker-truck. Contamination can cause a
violent eruption and result in injuries and property damage. Cleaning up a mishap at the loading rack can
also delay delivery of the truck’s load.
A tanker-truck in poor operating condition with a load of hot asphalt on board increases the risk of
serious injuries and damage if the vehicle skids out of control, crashes, or flips over. Again, containment in
a tank is a serious hazard because it can cause asphalt inside to erupt out of the hatch.
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At the hot mix asphalt plant, there are many types of potential hazards. For example, a bad connection in
a line can cause asphalt to spray out and burn someone. Pumping a tanker-truck’s load into the wrong
storage tank may result in product contamination, causing the resultant mixture to become degraded.
Even worse, pumping hot asphalt into tanks containing water, emulsions, or cutback asphalts can cause
boil overs, fires, and tank failure. Also, there must be sufficient room in the storage tank for the tanker-
truck’s load.
It’s also critical for terminal managers, tanker-truck drivers, and hot mix plant personnel to communicate
with each other and share information about the hazardous materials they load, transport, and store.
110.4 Personal Protective Equipment
Because hot asphalt is a hazardous material, you are required to wear appropriate personal protective
equipment (PPE) when you work around it. PPE includes a hard hat, safety goggles or safety glasses, face
shield, long-sleeved shirt (buttoned at the collar and cuffs), heat resistant gloves, long pants without
cuffs, and sturdy high-top and steel-toed leather work boots. Gloves should have very long gauntlets or
have a tight-fitting cuff to avoid trapping hot asphalt inside the glove.
110.5 Site-specific PPE Requirements
Personal protective equipment (PPE) must be provided, used, and maintained in a sanitary and reliable
condition wherever it is required to protect the worker from chemical and physical hazards in the
workplace. OSHA requires that your employer assess the workplace to determine if hazards are present
or are likely to be present and necessitate the use of PPE. If such hazards are present, or are likely to be
present, your employer is required to select appropriate PPE and have you use that PPE for the specified
hazards.
110.6 Guidelines for the Use of PPE
Make sure all workers know the types of PPE to be used and when to wear them.
Select PPE that properly fits each worker.
Make sure all workers know how to properly put on, remove, adjust, and wear PPE.
Make sure workers understand the limitations of the PPE.
Train workers to properly care for, maintain, and dispose of the PPE.
110.7 First Aid for Asphalt Burns
Unfortunately, accidents happen. Hot asphalt burns deep and sticks to skin. If someone suffers a serious
burn, do not try to remove the person’s clothing. Do not apply antiseptics, salves, or lotions. While
waiting for emergency medical assistance, irrigate or bathe the wounded area with cold water for at least
ten minutes. If a person’s eyes are burned, irrigate the injured area for at least five minutes. Drivers and
terminal workers should know the location of the nearest source of cold water. Also, do not try to remove
solidified asphalt from the skin. The asphalt forms a sterile protective layer on the burned area and
usually detaches itself after a few days. If the asphalt is removed from the wound, the skin could be
damaged further. Seek medical attention for extensive burns.
Transport tank residues can be deadly. It is essential for drivers to read the tanker-truck’s manifest for
information about the previous load. Hot asphalt and water don’t mix. If they do come in contact inside a
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tank, the hot asphalt will super-heat the water causing a violent eruption. Check the hatch cover for
condensation, which is a tell-tale sign that there’s water inside the tank. Also, there should be no
contamination inside the tank which results from residues, solvents, and cut-back asphalts. If they come
in contact with a new load of hot asphalt, they can cause a flash fire inside the tank. Again, check the
tanker-truck’s manifest to learn about the previous load.
110.8 Loading Precautions
At the terminal, make sure your tanker-truck is loaded from the right loading rack. Also, take the proper
precautions to make sure no one accidentally drives off in the tanker-truck while you’re loading. Lock the
brakes, turn off the engine, pocket the keys, and chock the wheels.
While the tanker-truck loads, stand clear of the hatch and stay upwind to avoid the fumes, especially
hydrogen sulfide, a potentially dangerous gas which may be present. High volume pumps can lift a
loading spout out of the truck, so make sure the spout is properly secured. Once the tanker is loaded,
make sure all covers are properly secured before the vehicle is moved.
Another potential hazard is loading a tanker-truck that isn’t completely empty. Overfills are dangerous,
messy, and can delay your delivery.
110.9 Fall Protection
Besides burns and explosions, there are other potential hazards at a terminal. For example, being injured
from a fall is a serious risk.
Many tanker-trucks and some storage tanks have unprotected, elevated walkways. Be sure to read,
understand, and follow the rules about fall protection posted at the loading rack. A guardrail may be
required to help prevent a fall.
110.10 Pre-Trip Inspection
Check the vehicle inspection report from the previous day. Make sure all repairs to the tanker-truck have
been completed. The Department of Transportation requires a motor carrier or owner to certify in the
report that the repairs have been made to all parts of the vehicle that could affect its safe operation, or
that any repairs not made have been certified to be unnecessary.
Conduct a pre-trip inspection and make sure your tanker-truck is operating properly. Check the ground
beneath the tanker-truck for fresh oil, coolant, grease, or fuel leaks.
Inspect the tires for proper inflation and the condition of the treads and valve stems. There should be no
cuts, bulges, or uneven tread wear. Make sure the spare tire is properly inflated and secured.
Test the brakes.
Make sure that all lights operate – low-beam headlights, high-beam headlights, clearance lights, and
emergency flashers.
Check the steering system. Is it in good condition? Lift the hood to check the engine compartment. Check
engine oil level, antifreeze/coolant levels, hose conditions, windshield washer fluid level, battery
connections, fluid level, and tie downs. Check the automatic transmission fluid level, engine belts for
proper tension, and excessive wiring insulation for damage.
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Put the transmission in neutral or park if the tanker-truck has automatic transmission. Start the engine
and listen for any unusual noises. Test the horn. Adjust the mirrors so you can see the edge of the vehicle
on both sides. Check the oil pressure, temperature, and battery gauges on the dashboard. Be sure the
windshield wipers and washers work properly. Check the condition of the steering system, clutch,
accelerator, brake controls, and transmission controls for damage looseness or difficult operation.
Check the condition of the suspension including the springs, spring hangers, and U-bolts. Inspect the front
axle and steering system for damage. Check the fuel tank(s). It should be securely mounted with no leaks.
Inspect the exhaust system to make sure it is secure and not touching any wires, fuel, or air lines. Air
lines, gas lines, and electrical wiring also should be secured. Inspect the mud flaps. They should be
properly fastened and not rub against the tires.
Drivers must be prepared if their tanker-truck breaks down while on the road. A tanker-truck should have
three emergency triangles, spare fuses, and properly rated and charged fire extinguishers.
As part of new federal security regulations, drivers must now inspect their tanker-trucks before entering
secure facilities such as terminals or hot mix asphalt plants.
When you stop to rest or fuel up, check your vehicle’s critical components. Inspect tires, wheels, rims,
brakes, and lights. Allow enough braking time to avoid colliding with other vehicles.
Take extra care when turning. The weight and mass of a load of hot asphalt can move sideways and cause
a tanker-truck to flip over.
A tanker-truck should meet local weight, braking, vehicle-lighting, and minimum stopping-distance
standards for the locations in which it will travel.
If you are involved in an accident that results in a spill of hot asphalt, do try to stop the spill at its source
as long as it is safe to do so. Depending on the size of the spill it may be necessary to call for emergency
assistance for the fire department and evacuate everyone from the area. Be sure to eliminate potential
sources of ignition. If the spilled asphalt remains in liquid form after it has cooled, a clean-up team may
need to use absorbents such as sand, earth, or sawdust to clear away the mess. If the asphalt leaks into
watercourses or sewers, notify the appropriate local authorities.
110.11 Safe Asphalt Storage
When you are ready to unload at the hot mix asphalt plant, remember to wear proper PPE (safety goggles
or safety glasses, face shield, heat resistant gloves, long-sleeved shirt buttoned at the collar and cuffs,
long pants without cuffs, and proper working boots). Gloves should have very long gauntlets or have a
tight-fitting cuff to avoid trapping hot asphalt inside the glove.
Before asphalt is unloaded into a storage tank, all lines and connection gaskets should be inspected for
damage. Make sure all lines are then attached securely. If they’re not, hot asphalt could leak or spray out
from the end of a connection.
If a connection line becomes blocked with cold, stiff asphalt, pressure may build up in one area of the line
and blow hot asphalt out the end or split the line and injure someone. To unblock a line, close all the
valves and disconnect the hose from both the truck and the pump. Hang the lineup and use a propane
torch flame to slowly heat it. Continue to melt asphalt and let it run out into a bucket or safe receptacle.
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Don’t use an open flame, spark, or other ignition source near fumes from a tank. To help prevent
blockage, hang up the hose vertically after use. This allows remaining asphalt to flow back into the pump.
Make sure the dome cover on the top of the tanker-truck is open before unloading. If it’s not, a vacuum
can form inside the tanker and collapse it.
Don’t overfill a storage tank. There must be enough room in the tank for the asphalt to expand. Make
sure you pump the tanker- truck’s load of asphalt into the right tank. Always check that there is enough
room in the storage tank for the new load of asphalt.
Like a tanker-truck, a storage tank also can become contaminated. Residue such as light hydrocarbons,
diesel oil, or cleaning solvents become a potential hazard when mixed with hot asphalt. As little as two
gallons of most solvents provide enough fuel to blow up a half-full 100,000-gallon tank of hot asphalt.
Clear communication between driver and hot mix plant personnel is critical to avoid contamination.
While disconnecting the connection line from the tanker-truck, keep a gloved hand over the connection
seam to help contain possible asphalt spray if pressure has built up in the line.
Sometimes at a storage facility, it’s necessary to test hot asphalt by drawing it from a sample valve. If a
sample valve becomes blocked, storage personnel will use a torch to reheat the asphalt trapped inside.
This is another potential hazard because the valve can open suddenly and spray out hot asphalt, which
can cause severe burns. The best practice is to keep the sample valve clear and avoid having to torch it in
the first place. Also, special sampling valves can be installed that are not prone to blocking.
If a sample valve does have to be heated with a torch, make sure the valve is in the closed position.
Before heating a valve, make sure there is material in the tank behind the valve.
Carefully open the valve as you heat it. Do not attempt to place a welding rod, wire, or similar materials
into the valve to clear the blockage. Also, never leave an unattended torch flame near any part of asphalt
process. Make sure you wear proper PPE.
Cold asphalt in the valve opening can cause asphalt to spray out of the sample valve at odd angles and
cause a burn. When sampling hot asphalt, first flush out the sample valve line by draining a pint or more
into a metal bucket. This will clear the line and remove cold asphalt from the valve opening. This process
also eliminates potentially contaminated asphalt from inside the valve and from piping behind the valve.
Keep in mind that contaminated material, if not properly drained, may cause a failing quality-control test
result. After you have taken a sample, pour the waste asphalt back into the storage tank before it
solidifies.
110.12 Tank Gauging Hazards
Hydrogen sulfide may be released from storage tanks whenever the tank gauge hatch is opened for
gauging or for external visual inspection. Hydrogen sulfide, a highly toxic and flammable gas, can reach
hazardous concentrations inside a storage tank. At low concentrations, hydrogen sulfide emits an odor
similar to rotten eggs. At high concentrations, it is odorless because it quickly deadens the sense of smell.
Odor is not a reliable indication that hydrogen sulfide is present. Personal monitors are available that will
sound an alarm when hydrogen sulfide reaches dangerous levels. If it is necessary to open the gauge
hatch on an asphalt storage tank, stand upwind of the hatch and at least two feet away from openings.
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Leave the tank gauge platform if the hydrogen sulfide alarm sounds or odor of hydrogen sulfide is
detected.
110.13 Confined Space Entry
Asphalt storage tanks are considered permit-required confined spaces by the OSHA regulations governing
confined space entry. Never enter a permit-required confined space such as a tank without first meeting
all provisions of the OSHA regulations for entering confined spaces, including provisions for rescue.
111
Traffic Control
Signs and Barricading:
•
All traffic control devices used on a project shall be as required by the Manual on Uniform Traffic
Control Devices and as described by approved traffic control plans.
Flag person:
•
When operations are such that signs, signals, and barricades do not provide the necessary
protection on or adjacent to a highway or street, flagmen or other appropriate traffic controls
shall be provided.
•
Signaling directions by flagmen shall conform to the Manual on Uniform Traffic Control Devices.
•
Flagmen shall be provided with and shall wear a red or orange warning garment while flagging.
Warning garments worn at night shall be of reflective material.
•
Workers within thirty (30) feet of the roadway, or around heavy equipment, shall be required to
wear orange reflective vests.
112
Heavy Equipment Safety
Heavy equipment such as forklifts, excavators, loaders, and tractors should only be operated by persons
who have demonstrated the ability and necessary skills to operate the equipment safely. Ground-based
workers should be trained in how to work safely around the equipment and how to stay clear. The
following are general guidelines for safe operation of heavy equipment:
•
Check the work area for underground utilities and overhead power lines before beginning work.
•
Wear your hard hat, hearing protection, safety vests, and safety goggles while operating heavy
equipment.
•
Wear the seat belt when operating scrapers, loaders, tractors, and graders.
•
Do not allow passengers on heavy equipment.
•
Keep windows and windshields of heavy equipment clean.
•
Do not use any heavy equipment if its horn or backup alarm does not sound.
•
Do not crawl under the raised dump body during inspection of a dump truck.
•
Turn off the engine before leaving heavy equipment unattended.
•
Do not jump off of or onto any heavy equipment.
•
Do not stay in the cab of haulage vehicles while the payload is being loaded or unloaded by
cranes or loaders.
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•
When you have finished using a grader or a loader, land the blade on the ground, set the brakes,
turn the power off, and shift the gear lever into neutral.
•
Keep heavy equipment in gear when going down grade; do not use neutral.
•
Display the “Slow Moving Vehicle” sign when operating heavy equipment on roads.
•
Inspect the equipment to ensure that it is in good working condition before beginning a job and
ensure that regular inspections and maintenance are conducted as appropriate.
•
Do not stress or overload equipment.
•
Do not attempt to lubricate or adjust a running engine.
•
Turn the engine off before refueling.
Utilize safety features and heed the manufacturer’s warnings:
•
Safety features such as kill switches, guards, shields, reverse alarms, roll bars, or control bars
must not be modified or removed.
•
Keep power transmission shafts covered.
•
Shield power takeoff shafts properly.
•
Disengage and turn power supply off to all power takeoffs, blades, or other moving parts before
handling equipment.
•
Do not use hands to clear jammed equipment.
•
Keep hands and feet clear of moving parts.
•
Inspect controls and parts for loose nuts and bolts before each use.
•
Avoid working alone; use the “buddy system” (your buddy will be able to get help immediately in
case of an accident).
•
Remove or secure loose or baggy clothing and long hair, as it can be dragged into machinery.
•
Never get on or off moving equipment.
Ensure the following before leaving equipment unattended:
•
All elevated work surfaces such as buckets and lifts are lowered
•
All moving parts are disengaged, and their motion has stopped
•
Transmission is in appropriate parking position
•
Engine is off or vehicle is secure
•
Equipment is secure against movement
Be aware of area and terrain:
•
Look for stumps, rocks, and hidden debris, which can cause overturns.
•
Watch for low tree limbs, which can knock an operator off equipment.
•
Inspect banks and slopes for stability.
•
On steep slopes, plan your path of travel downhill.
•
Be cautious on wet or icy surfaces as they reduce traction.
•
Never take shortcuts.
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113
Dust Control
Cactus and all subcontractors will maintain all excavations, embankments, haul roads, access roads, plant
sites, borrow areas, and all other work areas free from dust. Water trucks, spray bars and conveyors, and
sprinklers for stockpiles will be employed for dust control.
114
Handling/Storage of Flammable/Combustible Substances
All storage, handling, and/or use of flammable and combustible substances shall be under the direction of
qualified supervisory personnel. The Safety Manager will train supervision personnel.
Storage areas shall not contain heat sources or, if heating is necessary, the material shall be relocated to
prevent overheating. Areas must also be properly ventilated, and all storage areas must meet OSHA
requirements.
Suitable warning and “No Smoking” signs shall be posted. Smoking or the use of open flames within fifty
(50) feet of these areas is prohibited.
All tanks, containers, cabinets, and pumping equipment, portable or stationary, used for the storage or
handling of flammable and combustible liquids shall meet OSHA requirements.
Tank cars and trucks being loaded or unloaded and flammable storage tanks and systems shall be
properly bonded and grounded.
Containers of paint, varnish, lacquer, or other volatile painting materials shall be kept tightly closed when
not in use and stored in accordance with OSHA requirements.
Paint materials in quantities other than required for daily use shall not be stored in buildings under
construction, but in well-ventilated areas.
No smoking, open flame, or exposed heating elements of any kind shall be permitted in areas or rooms
where spray painting is done.
All boilers, stoves, and other temporary heating apparatuses shall be installed and operated in
accordance with applicable OSHA regulations.
Safe operating procedures for temporary heating devices will be established to assure the following
controls:
Proper placement and servicing
•
Safe clearance from combustible materials
•
Close surveillance
•
LP-gas tanks shall be stored in accordance with OSHA 1926.153 and city fire regulations
Proper maintenance
•
Determination of gaseous contamination or oxygen deficiency when a heater is being used in a
confined space
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115
Fire Prevention
Cactus will conform to federal, state, and local laws and regulations regarding burning, fire prevention,
and control.
a. All contractors, subcontractor supervisors, and foremen are responsible for checking their work
area or job to ensure that it is hazard free. Training meetings will be conducted to ensure that
protective measures are taken for fire prevention. All employees will be trained in the following
areas:
a. Locations and proper use of portable fire extinguishers compatible with the hazard of
each work area. Fire extinguishers will be placed throughout the job site as required.
b. Proper storage and use of flammable material.
c. Authorized use of welding equipment.
d. A fire watch will be provided by the contractor during burning, cutting, and welding
operations to ensure proper fire protective procedures are used and fires do not occur
from such operation. The fire watch shall have fire extinguisher equipment readily
available and have adequate training for proper use.
e. Placement of cigarette butt cans.
f.
Disposition of oily rags.
g. Clear access to all available firefighting equipment must always be maintained. The
hanging of clothing, ropes, or other materials over fire extinguishers is prohibited.
h. Regular clean up and disposal of scrap material, sawdust, rags, oil, paint, grease,
flammable solvents, and other reside of construction operations is required.
i.
All construction areas and storage yards should be cleared of weeds, debris, and other
combustible materials before lumber and other combustible construction materials are
delivered to the project.
j.
All rubbish should be cleared daily, and work areas shall be maintained free of
accumulation of debris.
k. Please become aware of the location of fire hydrants servicing all projects. Contact the
project management team with any questions.
116
Ladders
The use of ladders on projects shall follow the OSHA 1926.450 guidelines. Ladders with broken or missing
rungs or steps, broken or split side rails, or with other faulty or defective construction shall be prohibited.
Ladders with such defects shall be withdrawn from service and removed from sites.
Portable ladders shall be placed on a substantial base at a 4-1 pitch, have clear access at top and bottom,
extend a minimum of 36 inches above the landing, and be secured against movement. Portable metal
ladders shall not be used around energized electrical equipment.
Access ladders shall always be placed to provide access/exit for employees. If a ladder is to provide the
only means of access/exit from a working area for twenty- five (25) or more employees, or simultaneous
two-way traffic is expected, a double cleat ladder shall be installed.
Employees shall not stand on the top two (2) rungs or within three (3) feet of the top of any ladder.
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An employee shall not work facing away from the ladder.
No employee shall carry material or tools while simultaneously ascending or descending any ladder.
An employee working off a ladder greater than six (5) feet shall be tied off with a safety belt.
All stepladders must be fully extended and on solid footing during use. Stepladders shall not be used in a
folded position in place of a straight ladder.
All ladders used on the project shall be inspected monthly and each contractor shall maintain a record or
means of documenting these inspections.
117
Fall Protection
Cactus and all subcontractors are required to provide fall protection systems when employees are on a
walking/working surface with an unprotected side or edge which is six (6) feet or more above a lower
level.
Fall protection shall consist of guardrail systems, safety nets, or fall arrest systems.
Guardrails shall be installed 42 inches plus or minus 3 inches above the walking/working surface.
Guardrails shall be capable of withstanding a force of 200 pounds exerted in any direction and shall not
be deflected to less than 39 inches in height.
Mid-rails shall be installed midway between the top tail and the walking/working surface.
Safety nets shall be installed as close as practicable under the walking/working surface, but in no case
more than 30 feet below the working surface.
Fall arrest systems shall consist of safety belts and harnesses, approved lanyards and snap hooks, and/or
lifelines.
Other devices may be employed upon approval.
118
Portable Toilets Policy
This policy is put in place regarding portable toilets for jobs sites. Per OSHA 1915.88(d)(4), “the
requirement to provide toilets does not apply to normally unattended worksites and mobile work crews,
provided that the employer ensures that employees have immediately available transportation to readily
accessible sanitation facilities that are maintained in a clean, sanitary, and serviceable condition and meet
the other requirements of this section.” For job locations that are in town that have gas stations within
reasonable driving distance, employees can leave to use the restroom. As for remote job locations, Cactus
will continue to have portable toilets in place or transported by a company vehicle.
119
Lockout/Tagout Procedures
This procedure shall be used whenever employees are required to work on or near electrical equipment
or circuitry.
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Safe procedures for de-energizing circuits, including stored electrical energy, and equipment shall be
determined before circuits or equipment is de-energized.
The circuits and equipment to be worked on shall be disconnected from all electric energy sources.
Substitutes for lockout/tagout shall not be used.
Stored non-electrical energy that could re-energize electrical circuits shall be blocked or relieved to
prevent re-energizing the circuit.
A lock and tag shall be placed on each disconnecting means used to de-energize circuits and equipment
to be worked on. Locks shall be placed to prevent any person from operating the disconnecting device.
Each tag shall contain a statement prohibiting unauthorized operation of the disconnecting means and
removal of the tag.
A tag may be used without a lock if at least one additional safety measure that provides a level of safety
equivalent to a lock is used. However, a tag shall always be used with a lock.
An authorized employee shall operate the equipment controls or otherwise verify the equipment cannot
be restarted before any work on the circuit can be performed.
Circuit elements and electrical parts shall be tested with approved test equipment to verify that these
parts are de-energized before work begins.
An authorized employee shall ensure that all tools, electrical jumpers, shorts, grounds, and other such
devices are removed before circuits and equipment may be re-energized.
Each tag and lock shall be removed by the employee who applied it or by a person who is designation and
authorized to remove it in accordance with OSHA regulations.
There shall be visual determination that all employees are clear of the circuits and equipment before they
may be re-energized.
120
Respirator Protections
Information pertinent to fit test and respirator use will be provided to the worker on an adhesive label to
be placed inside the hard hat and may be presented during a respirator issue for verification of
qualification. Workers shall be fit tested and medically qualified prior to using respirators.
Respirator Issue/Turn In:
•
Respirators will be issued and turned in daily. Supervisors may sign out respirators for their crews
or individuals may do so. In each case, logs will be maintained and personnel issuing the
respirators will verify currency of training and fit testing for the type of respirator used.
•
Respirators shall not be kept in job boxes or in convexes overnight. Respirators will be returned at
any time there is a defect noted by the user.
Respirator Inspection, Maintenance, and Cleaning:
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Cactus safety personnel or a third party may be employed when needed for inspection, maintenance, and
cleaning of respirator protection equipment to ensure compliance with manufacturer’s instructions and
be in accordance with the following checklist and OSHA Federal Standard 29 CFR 1910.134(b).
Respirator Cleaning Process:
•
Wear rubber or vinyl protective gloves (Playtex, etc.).
•
Disassemble respirators per manufacturer’s instructions.
•
Inspect inhalation valves and exhalation valves for tears and flexibility. Discard if defective.
Replace with new part.
•
Inspect cartridge locking and sealing assembly for wear and breakage. Discard if defective.
Replace with new part.
•
Inspect face seal of mask for tears and cracks. Discard if defective.
•
Remove excess paint or dirt from face piece. Flex (turn) masks inside out and place in automatic
dishwashers.
•
Fill detergent dispenser and ensure full cycle. DO NOT use drying mode on dishwasher. This
control should be taped in the off or air-dry position.
•
Remove respirators from the washer and hang up to air dry.
•
Use clean gloves and re-assemble the respirator.
•
Pack cleaned respirators in zip lock bags with 2 packets of sanitizing agent in each bag.
121
Excavations and Trenching
Locating Utility Services:
•
Cactus and all subcontractors will not excavate in any street, highway, public place, a private
easement of public utility or near the location of a private utility owned, maintained, or installed
on the owner’s premises without having first ascertained the location of all underground
interference in the proposed area of excavation.
•
Subcontractors planning excavation shall contact U.S. Alert (1- 800-227-2600), Blue Stakes, or
another similar staking service at least forty-eight (48) hours prior to the start of work. The
Excavation Permit shall include the location of the planned excavation, the verification number,
the date the planned excavation will begin, a brief description of the work to be done, a list of any
known underground interference, the protection that will be provided to the workers, and a sign-
off of all utilities. The Excavation Permit shall be completed prior to start of excavation.
•
When any contact with, or damage to, any pipe, cable or its protective coating, or any other
underground facility of a public utility occurs, the public utility shall be notified immediately by
the subcontractor responsible for the operation causing the damage.
If an energized electrical cable is severed, an energized conductor is exposed, or dangerous fluids or gases
are escaping from a broken line, the contractor shall evacuate the employees and the public from the
immediate area and notify the Safety Manager and:
•
Where police, fire, or emergency medical service are needed, dial 911 while awaiting the arrival
of the public utility personnel.
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•
If water lines, sanitary sewer lines, or storm drains are damaged, call the Utility Owner
immediately.
•
If electrical lines are damaged, call the appropriate Power Company.
•
If gas lines are damaged, call your immediate supervisor.
•
If telephone lines are damaged, call your immediate supervisor.
•
All pneumatic or electric tools used for digging into an area of know or questionable underground
interference shall be grounded. Electrical tools will require an additional ground, in addition to
the normal ground.
•
When using hand-held electrically or pneumatically operated tools for excavation work and there
is known interference, the tool operator shall wear 750kV electrical lineman’s gloves.
General Requirements:
•
Rigid barricades, proper posting of warning signs, and lighting will be provided for the protection
of the public and employees at the trench or excavation. Barricades shall be placed at a minimum
of five (5) feet from the edge of the excavation.
•
Heavy equipment shall not operate within five (5) feet of any excavation or trench.
•
Spoil material shall not be stored closer than two (2) feet from the edge of any excavation or
trench and shall be retained to prevent falling or slipping back into the excavation.
•
Sides of trenches, including embankments, shall be shored or otherwise supported when the
trench or excavation is more than five (5) feet in depth. When excavations are less than (5) five
feet in depth and examination of the ground by a competent person provides no indication of a
potential cave-in, shoring is not required.
•
In lieu of shoring, the sides of the trench or excavation above the three and one half (3.5) foot
level may be sloped to preclude collapse but shall not be steeper than one (1) foot rise to each
one (1) foot horizontal.
•
All excavations and trenching on this project shall follow OSHA 1926.650, 1926.651, and
1926.652.
122
Forms and Shoring
Stripped forms and shoring shall be removed and stockpiled promptly after stripping. Protruding nails,
wire ties, and other form accessories not necessary to the subsequent work shall be removed.
Form work and shoring shall be designed, erected, supported, braced, and maintained to safely support
all vertical and lateral loads.
Imposition of any construction loads on the partially completed structure shall not be permitted unless a
licensed and qualified architect or engineer has approved such loading.
Tubular steel frames for shoring layouts shall be used in accordance with each manufacturer’s
recommended safe working load based on tests conducted according to the Recommended Procedures
for Compression Testing Scaffolds and Shores by the Scaffolding and Shoring Institute.
Adjustment screws shall be given their final adjustment prior to placement of concrete. Screw extensions
should be kept to a minimum for maximum load carrying capacity.
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123
Pumping and Drainage
Cactus will control and dispose of water or fluids that may accumulate in excavations or under structures.
124
Water Pollution
Cactus will prevent the release of substances or materials into any stream river, lake, or other body of
water which may pollute the water or constitute substances or materials deleterious to fish and wildlife.
125
Air Pollution
Cactus and all subcontractors will take all reasonable and prudent actions to safeguard the environment.
Cactus will register all equipment which will require operating permits with the County Health
Department and Air Pollution Board. Cactus will also abide by the laws, rules, and regulations of all
federal, state, and local air and water pollution requirements and obtain necessary permits as required.
126
Lighting and Electrical Equipment
Where the use of artificial light is required, it shall be maintained while workers are entering or leaving
the area. The access point of entry shall also be illuminated.
Emergency lighting facilities (i.e. battery-operated or equivalent) shall be required in all construction
areas where normal lighting failures would cause employees to be subjected to hazardous conditions.
Emergency lighting systems shall be tested monthly and repaired immediately when deficiencies are
noted.
Areas requiring the continuous use of artificial light shall be inspected regularly and defective lamps
replaced.
Temporary lights shall be equipped with guards to prevent accidental contact with the bulb. Guards are
not required when the construction of the reflector is such that the bulb is deeply recessed.
Approved explosion-roof electrical lighting shall be the only means used for artificial illumination in areas
where flammable liquids, vapors, fumes, dust, or gases are present.
All temporary light shall be constructed with heavy duty electrical cords.
Temporary lights shall not be suspended by their electrical cords unless the lights and cords are so
designed.
All electrical equipment shall be grounded prior to use.
Any damaged electrical equipment will be repaired immediately or removed from the site.
All electrical cords shall be placed so they are not exposed to traffic, equipment, or other potential
damage source.
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127
Clean-Up
Cactus and all subcontractors will maintain a clean and safe work area. Equipment, temporary structures,
and surplus materials not to be used at or near the same location during later stages of work will be
removed. Upon completion, Cactus will dispose of all plants, buildings, rubbish, and all unused materials
used in the performance of the contract. Cactus will leave the premises in a neat, clean, and safe
condition.
Types of Materials
200
Materials Chart
Every driver must understand the different types of materials and how they react to one another. If
loading PG grade asphalt (hot material), make sure you visibly inspect inside the tank and dome lid before
loading. Look for any condensation, moisture, or residue of emulsion product before loading. Ask for
assistance if you are not sure.
PRODUCT PLACARDS
TYPE
ANIONIC/CATIONIC
SS-1
WET
ANIONIC
TURN UP
SS-1 DILUTED
WET
ANIONIC
TURN UP
CQS-1
WET
CATIONIC
TURN UP
CQS-1 DILUTED
WET
CATIONIC
TURN UP
CRS-1
WET
CATIONIC
TURN UP
CRS-1 DILUTED
WET
CATIONIC
TURN UP
CRS-2
WET
CATIONIC
TURN UP
CSS-1
WET
CATIONIC
TURN UP
PENNZSUPPRESS
WET
ANIONIC
TURN UP
PLASTIC SEAL
WET
ANIONIC
TURN UP
PG 76-10
HOT
3257
PG 70-10
HOT
3257
PG 70-22
HOT
3257
PG 64-16
HOT
3257
PG 64-22
HOT
3257
PG 58-22
HOT
3257
CM-90
HOT
1999
CM-150
HOT
1999
CM-300
HOT
1999
CM-70
HOT
1999
CM-250
HOT
1999
SC-250
HOT
1999
MC-800
HOT
1999
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200.1 Safety Data Sheets (SDS) & Registration Books
Each vehicle transporting hazardous materials must be equipped with a Safety Data Sheet (SDS) book. It is
the driver’s responsibility to become familiar with the contents of the book and to be certain that the SDS
book remains part of the tractor permit book. Additional or replacement copies of the Safety Data Sheet
book can be obtained by the Safety Manager.
200.2 Placarding
Diamond shaped placarding must be on each vehicle and be three (3) inches from all other markings to
signify hazardous materials are being transported. These procedures must be complied with before you
leave the shipper’s facility and travel onto a public street or highway.
201
Loading and Unloading Material
Loading:
•
Proper personal protection must be worn. All drivers of asphalt trucks are required to wear long
sleeve shirts, long pants, safety boots, a hardhat, and safety shield/glasses. If a driver is on the
load rack, they are required to wear a face shield and secondary arm protectors.
•
Obey all safety signs, warnings, and other posted directions upon entering facility.
•
If loading PG-grade asphalt (hot material) before loading, make sure you visually inspect the
inside of the tank and dome lid. Look for any condensation, moisture, or residual of emulsion
product before loading. Ask for assistance if you are not sure.
•
Check equipment for properly marked placards
•
Be sure you are loading the proper product.
•
Ask for assistance if you are not sure of loading procedures.
•
Inspect the equipment, cargo tank, and outlets carefully.
Unloading:
•
Proper personal protection must be worn. All drivers of asphalt trucks are required to wear long
sleeve shirts, long pants, safety boots, a hardhat and safety shield/glasses. Red vests and
hardhats must be worn on all ADOT & county jobs or where otherwise requested by contractor.
•
If you are making a delivery where you travel on a dusty road, keep the customer’s welfare in
mind by slowing down so that a minimum of dust will be raised.
•
When arriving at a destination, make sure that you are discharging cargo into the proper tank. If
valving is not understood by yourself and no one is around do not unload until you can contact
someone who knows. If necessary, contact the office or the plant manager. The driver should
always follow customer orders if they have a representative at the unloading facility.
•
Deliveries are to be made in such a manner that you do not leave oil spillage or any other
condition that might give the customer cause to complain. Also, make certain that your discharge
hose is fixed so that it will not become dislodged. When using the plant’s hoses, put them back in
proper place. Leave all hoses at the plant and on your truck clean, so anyone can use them
without heating or further cleaning.
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•
While unloading, the driver must remain with the truck. If it becomes necessary to leave the
truck, shut off the pump and the flow of the product.
•
Remember the importance of making out the delivery ticket and above all, be sure all necessary
data is included, such as arrival and departure time, products delivered, and customer’s
signature, if it is possible to obtain it.
•
Before you leave, make a final inspection to see that all pipe caps, plugs, and hoses are in place
and that you have all of your tools and fittings. Walk around the entire unit and perform a
random inspection.
GENERAL DRIVING SAFETY
300
Changes of Federal Safety Regulations and Company Policies
We will make you aware of any changes in the Federal Safety Regulations and company policies by way of
individual memos and supplements for this section. Any supplements distributed should immediately be
placed in this section for future reference.
301
DOT, FHWA, and State Laws
In the course of conducting our business on a day-to-day basis, all existing, approved, amended, and
revised laws, rules, and regulations of the Department of Transportation (D.O.T), the Federal Highway
Administration (FHWA), and the laws of the various states in which we operate apply to our operations.
We accept these laws, rules, and regulations, and require drivers to comply with them as an agreement
for continued employment.
302
Vehicle Inspection Reports
Vehicle inspection reports must be filled out and submitted daily. All equipment problems must be noted.
Safety-related problems must be immediately reported to the Shop. Accurate and timely Vehicle
Inspection Reports go hand-in-hand with a good maintenance program and a good safety record.
302.1 Preventative Maintenance Service
Preventative Maintenance stickers are located in the upper left-hand corner of the windshield of the
tractors and trucks. Preventative Maintenance stickers for trailers are located in the left front corner.
Check stickers daily for service. If equipment is due for service, write service up on Vehicle Inspection
Report and make the Shop aware immediately.
302.2 Breakdowns
When on the road with a breakdown, call Dispatch or the Shop at 1-623-907-2800.
302.3 Fueling
All Cactus drivers are required to utilize the company terminal fuel when possible. Company drivers
should use authorized truck stop locations only when company terminal fuel is not available. All receipts
must be turned in with paperwork for fuel purchased on the road.
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302.4 Interior of Vehicle
Keep your vehicle clean. Trash and wastepaper must be cleaned out each day. Personal belongings must
be removed at the completion of each work day. Windows must be rolled-up, radios must be turned off,
and vehicles must be locked.
302.5 Equipment License Plate and Registration Check
All drivers are required to check and make certain that the equipment has a license plate attached and a
registration certificate in the vehicle book. If you notice a problem with either the plate or registration,
contact Dispatch, as they will help you resolve the situation
303
Pre-Trip and Post-Trip Requirements
Drivers must perform a pre-trip inspection each time he/she begins his/her day’s work or each time
he/she first uses a vehicle that day. However, at no time should a driver operate a commercial motor
vehicle if he thinks that the vehicle is not safe to operate.
304
Procedures for Pre-Trip Inspection of Tractors and Trailers
1. Note the general condition of the vehicle. Look for leakage of water, fuel, or lubricants under the
vehicle.
2. Check water and crankcase levels under the hood. Check fan and compressor belts for cracks,
excessive slack, and wear.
3. Start engine and warm-up. Check for abnormal engine noise. Check gauges for normal readings.
“LOW AIR” warning should operate if air pressure is below 60 pounds.
4. Check emergency equipment horn(s) and windshield wipers. Turn on all lights including 4-way
flasher switch for turn signals. Check steering wheel action.
5. Leave cab to check headlights and turn signals. Switch headlight beam to check them and turn off
headlights only. Leave all other lights on.
6. Check front clearance and identification lights.
7. Check left and right front wheels, tires, lugs, or studs. Check for grease leaks around hubs.
8. Check right side of cab, door mirrors, etc. and check lights and reflectors along right side as
inspection progresses.
9. Check right rear tractor tires, wheels, lugs, or studs. Note any thrown grease.
10. Check trailer light and brake lines for secure connections. Be sure lines are properly secured to
prevent entangling.
11. Check hook-up – fifth wheel, jaws, release lever on tractor-trailer, pintle hook.
12. Check right trailer tires, wheels, lugs, or studs. Check for any thrown grease.
13. Check rear of body, mud flaps, rear lights (clearance and identification, stop, fail, turn signals),
rear reflectors, rear end protection.
14. Check left rear tires, wheels, lugs, or studs. Check lights and reflectors along left side as
inspection progresses.
15. Check left rear tractor tires, wheels, lugs, or studs. Check for any thrown grease.
16. Re-enter cab. Re-check all gauges. Air pressure should be at maximum.
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305
Company Load Securement Policy
The Federal Motor Carrier Safety Regulation 392.9(b)(2) states that drivers must inspect the cargo and
the devices used to secure the cargo within the first 50 miles after beginning a trip and make any
adjustments necessary to the cargo or load securement devices, including adding more securement
devices, to ensure that the cargo cannot shift on or within, or fall from, the commercial motor vehicle.
Drivers must also be checking their load before entering any major city.
306
Random Inspections
After parking, always perform a walk-around inspection before getting back on the road. Report any
broken springs, loose “U” bolts, and wheel bearing leaks that could conceivably cause a road failure. Be
especially aware of the condition of lights, tires, and coupling devices before leaving. Note any abnormal
condition in your vehicle and write it up in your Vehicle Inspection Report to be turned into the Shop.
307
Regulatory Vehicle Inspections
Equipment owned or leased to Cactus will occasionally be subject to time consuming roadside inspections
by Federal or State Transportation Department or law enforcement agencies.
If any vehicle defects, driver qualifications, or performance deficiencies are discovered, Cactus must
certify to the respective agency (usually within ten (10) days of the inspection or issuance of a citation)
that all noted defects have been corrected. In order for the company to timely comply, you must
immediately submit to the Shop your written copy of any such inspections or citations. If serious defects
are discovered causing you to be placed out of service, you must immediately notify both the Shop and
Dispatch.
Avoiding numerous state and federal inspections can often be accomplished if your vehicle has a clean
appearance, no obvious defects, and has been properly and timely inspected and maintained.
308
Hours of Service
All drivers are required to comply with the federal regulation concerning hours of service. It is your duty
and responsibility to see that logs are correct, legal, and in good order.
All drivers must maintain driver logs through GeoTab, as well as have a paper log available in the truck in
the event that GeoTab is inaccessible on any given day. All logs are required to be verified at the end of
each day. By law, the company must maintain the logs for six months.
The following items must be completed in GeoTab:
•
Pre-trip, in-trip, and post-trip inspections
•
Certification of inspections
•
Logs
o Date
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o Tractor/trailer numbers
o Hours for each activity (i.e., drive time, on-duty time, and off time)
o Total miles driven daily
o Name of carrier and shipping document number or shipper and commodity
o Verification of hours
Hours of Service logs are checked and monitored daily. If a violation occurs, it will be addressed with the
driver immediately. Hours of Service logs are monitored by the Truck Boss, Dispatch Team, and Safety
Manager.
309
Following Distance Policy
Our company is dedicated to highway safety and accident prevention. This dedication is rooted in our
commitment to the well-being of our drivers and the motoring public, as well as our desire to comply
with the spirit and intent of all local, state, and federal safety regulations
The most important element in a successful trucking operation is safety. No load is so important that any
driver should endanger him/herself or any other person.
Rear-end collisions are often the most severe and costly vehicle accident exposures our company will
encounter. We are committed to reducing both the frequency and severity of rear-end-type crashes.
To achieve our goal of reducing rear-end-type collisions, every driver will be required to allow at least
eight to ten seconds of clear following distance between his/her vehicle and the vehicle in front of them.
We realize that this will not always be easy, but we know that as a professional driver, you will make
every effort to maintain this cushion of safety while on the road. Following this policy will allow you extra
time to stop your vehicle or take evasive action in an emergency situation.
As with any of our company safety policies, failure to follow this policy will result in disciplinary action up
to and including termination. Should you have any questions, please contact the Safety Manger.
310
Accident Prevention and General Safety Rules
Cactus adopts all federal and state safety laws and regulations as part of its Safety Policy/Program. We
consider accident prevention to be one of the most important aspects of our business, and we ask your
cooperation in making our safety program effective. You are expected to carry out your assignment with
the idea of safety firmly in mind at all times.
310.1 Compliance
All employees are required to comply with the Federal and State Motor Carrier Safety regulations and
Cactus Safety Rules. Four important Federal and/or State Motor Carrier Safety regulations and Cactus
Safety Rules are as follows:
•
Have a current medical card with you at all times
•
Have a current CDL and any Special Certificates, if required, with you at all times
•
Have a current and legal logbook with you at all times
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•
Have a current and legal paper logbook with you at all times
310.2 Unauthorized Passengers
No passengers are allowed in company vehicles except on official company business. This is one of the
most important and least flexible company policies. The only exception is an emergency situation
involving a company employee, an accident, or an emergency involving an employee of the customer for
whom you are working at the time.
310.3 Speed Limits/Speeding
The Cactus maximum speed limit is the posted speed. Comply with all posted local and state speed
regulations. Driving too fast for existing road conditions, such as snow, fog, rain, heavy traffic, etc. will not
be tolerated. There is no reason to drive recklessly.
310.4 Tailgating
Do not tailgate! Always stay a safe distance behind the vehicle you are following. Never crowd the vehicle
ahead to make it go faster.
310.5 Being Followed Closely
If another vehicle is following you closely or otherwise giving an indication that the driver desires to pass,
it’s your responsibility, as a professional driver, to do everything possible to enable him to do so safely. If
safe to do so, move over to the right as far as possible and reduce speed if necessary.
310.6 Passing
If a slow-moving vehicle is being passed on the highway, the passing will be done with ample clearance
ahead and behind, and only if the passing can be done easily without exceeding the allowable legal speed
for the road being traveled.
All passing will be done on the left except where a divided highway legally permits passing on the right,
and where traffic conditions permit safe passing. The vehicle must be clear after passing before returning
to the normal lane of travel.
While traveling through towns, cities, or other areas of heavy traffic keep passing to a minimum and pass
only with great care and special regard for other traffic.
Buses, particularly school buses, must be approached, followed, or passed with the greatest of care since
there are many persons concentrated in a single moving vehicle. The passing of a stopped school bus will
only be done in a safe manner under conditions allowed in the State Motor Vehicle Code.
310.7 Changing Lanes
Always change lanes cautiously and with good reason. Changing lanes unsafely and weaving in and out of
traffic is uncalled for. This type of activity is unsafe, unproductive, and unprofessional. It will not be
tolerated by Cactus.
310.8 Stopping on the Highway
Make no unnecessary stops. If a stop is made for tire inspection, road failure, or because of drowsiness,
park completely off the highway. Set the emergency brake and leave the vehicle in the lowest gear. Avoid
parking on grades if at all possible. If circumstances require stopping on a grade, follow the above
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procedure. Any accident or damage caused by a runaway vehicle is clear evidence that the vehicle was
not properly parked.
Use caution when re-entering the highway. Wait for a break in traffic, use proper signals, and keep well to
the right until normal speed is reached.
310.9 Curves and Turns
Before entering any curve or turn, speed must be reduced to a rate consistent with the sharpness of the
curve or turn. If the road is slippery from rain or ice, this speed will be well below the speed known to be
safe under dry conditions. No matter how familiar the route is to the driver, use the same degree of
caution each time.
Upon approaching a turn, move into the proper lane and give the proper light signal for at least 100 feet
before beginning the turn. Make do allowance for any traffic approaching from either the front or the
rear, including possible vehicles not yet visible.
Do not over drive your range of vision. All curves are potential accident traps. Around the curve or
intersection just out of sight, there may be a roadblock, an accident, a pedestrian, or an oncoming car in
the wrong lane.
310.10 Railroad Crossing
All drivers driving tankers, loaded or empty, shall abide by existing state and federal regulations as
pertains to railroad crossing. Use extra caution where trees, buildings, or railroad equipment obstructs
your view of the tracks.
311
Accident Reporting
Every driver of a motor vehicle involved in an accident from which there results injury to or death of any
person(s) or property damage of any kind, regardless of the amount shall:
•
Stop immediately
•
Take all necessary precautions to prevent further accidents at the scene
•
Keep calm
•
Call Dispatch, your immediate supervisor, and/or the Safety Manager
•
Don’t admit liability
•
Don’t agree to pay for anything
•
Cooperate with the police and be polite
•
Be careful what you say and who you talk to, make no damaging statements, get information on
the other vehicle, and get names of witnesses and injured parties
•
An Accident Report Form must be fully and accurately completed and submitted to the Safety
Manager within 24 hours of the accident
Police reports are mandatory in all accidents. The only exception is an accident which does not involve
other peoples’ property or another person.
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312
On-the-Job Injuries
If you are injured on the job, you must notify Dispatch, your supervisor, or the Safety Manager
immediately. For your protection, an accident report must be filled out outlining the circumstances of the
injury and whether you intend to seek immediate medical attention or not. Dispatch, your supervisor, or
the Safety Manager will assist you in locating the closest medical facility for a check-up or treatment if
needed. If emergency medical treatment is necessary, the nearest medical facility/hospital should be
utilized.
Cactus will complete the necessary reports for the Workers’ Compensation Insurance Carrier. If you are
unable to work for any period of time, benefits will be issued to you by the Workers’ Compensation
Insurance Carrier. Cactus will assist you with any administrative details. If there is a problem, let us know
and we will work with you and the Workers’ Compensation Insurance Representative. Our primary goal is
to get you in good health and back to work. We need all our employees to be healthy and happy to
guarantee the future of Cactus.
When the treatment physician advises that you are released to return work, he must provide you with a
“Release for Full Duty,” which needs to be given to the Safety Manager or the HR Department to ensure
you follow the proper procedures to be released to return to work.
313
Traffic Tickets and Citations
All citations and tickets received by a driver while operating company equipment must be reported to
Dispatch or the Safety Manager within the current workday. If the traffic ticket is the result of an
accident, Cactus must be notified immediately.
If you receive a moving violation or any other personal violation, it is your duty to take care of the ticket
immediately and report the violation to Dispatch or the Safety Manager by the next workday. An open
failure to appear (a citation that has been ignored) will result in the suspension of your driver’s license by
the Department of Motor Vehicles (DMV).
If you have a suspended driver’s license, you must report the suspension to Dispatch or your immediate
supervisor immediately. Cactus does periodically check the driving record of drivers.
All federal and state vehicle inspection forms must be turned in to Dispatch. If your vehicle is inspected by
the city, county, or a DOT Officer, any paperwork must be turned in immediately.
Most equipment violations are considered “Owner’s Responsibility” and will be corrected and paid for by
Cactus. However, the company can only be responsible for problems that are reported on the driver’s
Vehicle Inspection Report. In general, drivers are responsible for equipment violations that are not
reported in writing. In addition, all citations must be turned in to the company in a timely manner to
avoid penalties.
The following violations are always the sole responsibility of the driver and must be reported to Dispatch
or your immediate supervisor and the Safety Manager immediately.
•
Speeding
•
Reckless Driving
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•
Expired/Invalid driver’s license
•
Expired DOT Physical/Medical card
•
Driving under the influence
•
Logbook Violation
Failure to obey this company policy may result in suspension up to and including termination of
employment.
314
Seat Belts/Restraints
The company, in accordance with the Federal Motor Carrier Safety Regulation 392.16, requires all drivers
and all passengers to wear their seatbelts while operating a vehicle. Failure to obey this company policy
may result in suspension up to and including termination of employment.
315
Two-Way Radios
Use of two-way radios is subject to Federal Communications (FCC) regulations. Cactus rules about radio
use are as follows:
•
Obey the law
•
Be courteous
•
No profanity
•
Use the radio as a tool
316
Radar Detectors
Most states and the federal government have become concerned with the use of radar detectors in
commercial vehicles and have asked companies involved in the trucking industry to assist them in
enforcing the DOT Regulation 392.71. Section 392.71 reads as follows:
•
No driver shall use a radar detector in a commercial motor vehicle or operate a commercial
motor vehicle that is equipped with or contains any radar detector.
ALCOHOL AND CONTROLLED SUBSTANCE POLICY
400
Statement of Policy
The safety and wellbeing of our drivers, employees, and the public requires that our drivers and
personnel perform their duties free from the effects of alcohol and/or drugs. A drug- and alcohol-free
workplace is especially important to the transportation and construction industry. A driver or
construction employee who uses or abuses alcohol and/or drugs is a hazard to this company, the public,
other employees, and him/herself. Failure to comply with the regulations of this policy will be grounds for
disciplinary action up to and including termination.
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401
Program Administrator
The Alcohol/Drug Testing Program Administrator will be responsible for answering any questions from
the drivers, personnel, administrators, or the public. The Program Administrator will handle all
information on all tests of employees as confidential. The Program Administrator may provide such
information as necessary to the Division Manager to enable him/her to take proper disciplinary action as
warranted. The Program Administrator may also release test information to this company’s Substance
Abuse Professional to use to evaluate and recommend appropriate follow-up.
402
Employee Compliance with Regulations
All drivers and personnel subject to alcohol and drug testing must be in compliance with the regulations
and this policy at all times while working for this company. This will include all time spent driving a
commercial vehicle as well as time spent performing safety-sensitive functions or just before or just after
performing safety-sensitive functions.
403
Personnel Subject to Testing
All drivers and personnel with a Commercial Driver’s License and those without, who perform duties
which are considered “safety-sensitive,” will be subject to the alcohol and/or drug testing as outlined in
this policy and required by Title 49 Code of Federal Regulations part 382 and the Arizona Medical
Marijuana Act. All non-office workers are also considered to be working in a “safety sensitive” position
because they could cause harm to themselves and others. All office personnel are also subject to
drug/alcohol testing. All commercial driver licensed employees and safety-sensitive work employees who
are required by Federal Motor Carrier Safety Regulations and this policy to be subjected to alcohol and/or
controlled substances test must fulfill that requirement when so directed to the Alcohol/Drug Testing
Program Administrator or trained supervisor. Failure to comply with the regulations of this policy will be
grounds for disciplinary action up to and including termination.
404
Refusals to Test
The following circumstances will be construed as refusing to submit to an alcohol and/or controlled
substance test:
•
Failure to give an adequate sample of breath for an alcohol test without a valid medical
evaluation
•
Failure to provide adequate urine sample for a controlled test without a genuine inability to
provide a specimen, as determined by medical evaluation
•
Failure to subject oneself to a saliva test
•
Engaging in conduct that clearly obstructs the testing procedures
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In the event of a refusal during the pre-employment drug test, the prospective employee will not be
hired. In the event of a refusal from an active employee, said employee will face consequences up to
termination.
405
Safety-Sensitive Functions
Here at Cactus, a safety-sensitive function begins from the time a driver or employee begins to work or is
required to be in readiness to work until the time he/she is relieved from work and all responsibility for
performing work. Safety-sensitive functions shall include:
•
All time spent at an employer or shipper plant, terminal, facility, construction site, or other
property, or on any public property, waiting to be dispatched, unless the driver has been relieved
from duty by the employer
•
All time spent inspecting equipment as required by Sect.392.7 and 392.8 of 49 C.F.R. otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at any time
•
All time spent at the driving controls of a commercial motor vehicle in operation or other
equipment
•
All time, other than driving time, in or upon any commercial motor vehicle except time resting in
a sleeper berth (a berth conforming to the requirements of section 393.76 of 49 C.F.R.)
•
All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading
or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in
readiness to operate the commercial motor vehicle, or in giving or receiving receipts for
shipments loaded or unloaded
•
All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial
motor vehicle
•
All time spent on a jobsite operating equipment/vehicles or working as a laborer
406
Prohibited Conduct
During the time that drivers and other personnel are performing safety-sensitive functions, they shall not:
•
Possess any alcohol
•
Use any alcohol
•
Use any alcohol within four hours of going on duty
•
Have any alcohol in their system
•
Use any alcohol for eight hours after an accident which will require the driver to be tested for
alcohol or until tested
•
Refuse to submit to a required alcohol and/or controlled substance test
•
Report to or remain on duty when using any controlled substance, except when under a
physician’s orders AND the physician has informed the driver that the use will not affect the safe
operations of a commercial vehicle or equipment
•
Report to or remain on duty if he/she has tested positive for controlled substance
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407
Tests Required
All employees will be tested for alcohol and/or controlled substance use or misuse under the following
circumstances:
•
Pre-employment or pre-use. All applicants seeking employment at Cactus will be required to be
tested for the use of controlled substances.
•
Random. All CDL drivers and employees that perform safety-sensitive work are subject to random
testing at ten (10) percent (unless the Federal Highway Administration announces another testing
level) to unannounced random alcohol testing, which will be spread throughout the calendar
year. Fifty (50) percent (unless the Federal Highway Administration announces another testing
level) of all CDL drivers and employees that perform safety-sensitive work will be selected to
submit to unannounced controlled substance testing.
•
Post-accident. Employees will be alcohol and controlled substance tested in the event of an
accident. If the accident is one where one or more vehicles were towed from the scene of the
accident or involves somebody being injured to the degree that the injury must be treated
immediately away from the scene of the accident, then the driver must also receive a summons
for a moving traffic violation as a result of the accident before a test will be directed.
•
Reasonable suspicion. All drivers and employees who perform safety-sensitive work that are
observed by a trained company supervisor to exhibit signs and/or symptoms of alcohol and/or
controlled substance use or misuse will be required to submit to an alcohol and/or controlled
substance test.
•
Return to work. A driver or employee that performs safety-sensitive work who previously tested
positive for alcohol and/or controlled substance must submit to a return-to-duty alcohol and/or
controlled substance test. The result must be negative to be enabled to return to duty.
•
Follow-up. A driver or employee that performs safety-sensitive work who previously tested
positive and has returned to duty must submit to at least six (6) alcohol and/or controlled
substance test during the first 12 months after returning to work if the Substance Abuse
Professional determines that the driver has an alcohol or substance abuse problem. Follow-up
tests will be announced and may continue for up to sixty (60) months after returning to work. Any
follow-up tests will be at the discretion of the Substance Abuse Professional.
408
Testing Procedures
Cactus partners with a medical company with certified collectors to do the collection of the urine
specimen(s) for pre-employment substance testing. Alcohol testing will be done by a certified technician
of the medical company. For all other substance testing, Cactus has authorized personnel to administer
oral drug tests for field employees. Commercial vehicle drivers will be sent to the medical company for
regulated testing of a urine specimen(s).
Once an employee has been directed to submit to an alcohol and/or controlled substance test, he/she
will proceed immediately to the testing location. Drivers must comply with the lawful request of the
technician doing the alcohol and/or controlled substance test.
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The employee will be required to provide photo identification prior to testing. Privacy will be ensured at
the facility by means of voiding in a private enclosure. A split sample will be procured and both samples
will be sent to the lab.
The selected employee will be required to provide a urine or saliva specimen for controlled substance
testing and/or a breath or saliva sample for analysis of alcohol concentration.
Proper chain of custody procedures will be followed to ensure that the specimen submitted is indeed the
specimen that belongs to the selected employee. The specimen will be sealed to prevent tampering
during transport to the laboratory. Federal certified laboratories will be utilized for testing (drugs) and
two separate methodologies will be performed to verify all specimens as positive prior to controlled
substances reporting to the medical review office (MRO).
The MRO is a licensed physician that reviews all test results prior to reporting to the company. Should the
specimen test positive, the MRO will contact the employee to discuss the test findings and allow the
employee an opportunity to discuss his/her test results and any factors that could have attributed to the
positive test. Should the employee question the test findings, the employee can request that the split
sample be forwarded to another certified laboratory for re-analysis with all costs paid by the employee.
All test results are treated confidentially, and no results will be released to outside parties without the
employee’s express consent or when required by law, rule, or regulation or expressly authorized.
All testing for alcohol use or misuse will be conducted only by devices which have been approved by the
National Highway Traffic Administration or trained Breath Alcohol Technicians (BAT’s) or trained
Screening Test Technicians.
409
Arizona Medical Marijuana Act
We will comply with Arizona state law and the Arizona Medical Marijuana Act (“the AMMA”). It should be
noted that while the AMMA contains exceptions and limitations, it does not allow employees to possess
or to use marijuana in the workplace. Additionally, if you are working in a safety-sensitive position, you
are not protected by the AMMA. Thus, you can and will be terminated if you test positive for marijuana,
or we otherwise have reason to believe you are using marijuana, regardless of whether you are impaired
at work.
Subject to certain exceptions provided by the AMMMA, including exceptions related to safety-sensitive
positions and federal laws or regulations, we will not discriminate in hiring, terminating, or imposing any
term or condition of employment, and will not otherwise penalize any person, based upon either:
•
That person’s status as a registered cardholder under the AMMA; or
•
A registered, qualifying medical marijuana patient’s positive drug test for marijuana components
or metabolites, unless the patient used, possessed or was under the influence of marijuana on
the premises of any place of employment or during any hours of employment.
The company, however, will not hire any person with a medical marijuana card into a safety-sensitive
position. The following considered safety-sensitive positions:
•
Any employee who operates any company vehicle
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•
Any employee who operates a commercial vehicle
•
Any employee who operates machinery/equipment
The AMMMA does not authorize, and the company prohibits, any employee who is a registered,
qualifying medical marijuana patient/cardholder from:
•
Ingesting marijuana in any workplace or working while under the influence of marijuana
•
Undertaking any task while under the influence of marijuana that would constitute negligence
•
Possessing or using medical marijuana on a school bus or on the grounds of any preschool or
primary or secondary school
•
Smoking marijuana on any form of public transportation or in any public place
•
Operating or being in actual physical control of any motor vehicle, aircraft, or motorboat while
under the influence of marijuana
•
Using marijuana, except as authorized by the AMMA
The company will maintain as confidential the status of any person who is a registered, qualifying medical
marijuana patient under the AMMA and any such person’s use of medical marijuana authorized by the
AMMA.
410
Employment Assistance Program (EAP)
Cactus has implemented an Employee Assistance Program (EAP) in conjunction with its drug program.
The purpose of the EAP is to provide professional assistance to employees who may require help in
overcoming a substance abuse problem. The EAP is a demonstration that the Company cares for its
employees and desires to assist those in need.
Eligibility and the level assigned will be determined by management.
•
Level 1 – 3 months of random drug tests
•
Level 2 – 6 months of random drug tests
•
Level 3 – 3 months of random drug tests and counseling through a Cactus-approved provider
•
Level 4 – 6 months of random drug tests and counseling through a Cactus-approved provider
The policy may be changed by Cactus at any time without notice.
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SAFETY ACKNOWLEDGEMENT
In accordance with the Cactus Safety Program, the following job-specific safety items have been read by
the employee.
TOPICS
•
Potential occupational hazards in the work area and associated with the job assignment
•
Reporting injuries, accidents, unsafe acts, and unsafe conditions
•
Reporting damaged tools and equipment
•
Location of first aid kit, medical clinic, and emergency equipment
•
Emergency procedures, phone numbers, and evacuation routes
•
Safety Data Sheets, locations, and access
•
Hazardous chemicals and/or equipment explained and demonstrated for proper use, handling,
and storage
•
Safe working attire (clothing, boots, hardhat, etc.)
•
Assignment, use, and care of Personal Protective Equipment (PPE) as required (hardhat, eye
protection, gloves, etc.)
•
Vehicle safety and driving safety
•
Construction-site-specific hazards, confined spaces, horseplay, smoking, and eating
I understand these topics, which are subject to change, and will comply with all established safe work
practices, procedures, and policies.
___________________________________________________
EMPLOYEE NAME (printed)
___________________________________________________
EMPLOYEE SIGNATURE
_____________________________________
DATE
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ALCOHOL AND CONTROLLED SUBSTANCE POLICY
400
Statement of Policy
The safety and wellbeing of our drivers, employees, and the public requires that our drivers and
personnel perform their duties free from the effects of alcohol and/or drugs. A drug- and alcohol-free
workplace is especially important to the transportation and construction industry. A driver or
construction employee who uses or abuses alcohol and/or drugs is a hazard to this company, the public,
other employees, and him/herself. Failure to comply with the regulations of this policy will be grounds for
disciplinary action up to and including termination.
401
Program Administrator
The Alcohol/Drug Testing Program Administrator will be responsible for answering any questions from
the drivers, personnel, administrators, or the public. The Program Administrator will handle all
information on all tests of employees as confidential. The Program Administrator may provide such
information as necessary to the Division Manager to enable him/her to take proper disciplinary action as
warranted. The Program Administrator may also release test information to this company’s Substance
Abuse Professional to use to evaluate and recommend appropriate follow-up.
402
Employee Compliance with Regulations
All drivers and personnel subject to alcohol and drug testing must be in compliance with the regulations
and this policy at all times while working for this company. This will include all time spent driving a
commercial vehicle as well as time spent performing safety-sensitive functions or just before or just after
performing safety-sensitive functions.
403
Personnel Subject to Testing
All drivers and personnel with a Commercial Driver’s License and those without, who perform duties
which are considered “safety-sensitive,” will be subject to the alcohol and/or drug testing as outlined in
this policy and required by Title 49 Code of Federal Regulations part 382 and the Arizona Medical
Marijuana Act. All non-office workers are also considered to be working in a “safety sensitive” position
because they could cause harm to themselves and others. All office personnel are also subject to
drug/alcohol testing. All commercial driver licensed employees and safety-sensitive work employees who
are required by Federal Motor Carrier Safety Regulations and this policy to be subjected to alcohol and/or
controlled substances test must fulfill that requirement when so directed to the Alcohol/Drug Testing
Program Administrator or trained supervisor. Failure to comply with the regulations of this policy will be
grounds for disciplinary action up to and including termination.
DRUG-FREE WORKPLACE
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404
Refusals to Test
The following circumstances will be construed as refusing to submit to an alcohol and/or controlled
substance test:
•
Failure to give an adequate sample of breath for an alcohol test without a valid medical
evaluation
•
Failure to provide adequate urine sample for a controlled test without a genuine inability to
provide a specimen, as determined by medical evaluation
•
Failure to subject oneself to a saliva test
•
Engaging in conduct that clearly obstructs the testing procedures
In the event of a refusal during the pre-employment drug test, the prospective employee will not be
hired. In the event of a refusal from an active employee, said employee will face consequences up to
termination.
405
Safety-Sensitive Functions
Here at Cactus, a safety-sensitive function begins from the time a driver or employee begins to work or is
required to be in readiness to work until the time he/she is relieved from work and all responsibility for
performing work. Safety-sensitive functions shall include:
•
All time spent at an employer or shipper plant, terminal, facility, construction site, or other
property, or on any public property, waiting to be dispatched, unless the driver has been relieved
from duty by the employer
•
All time spent inspecting equipment as required by Sect.392.7 and 392.8 of 49 C.F.R. otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at any time
•
All time spent at the driving controls of a commercial motor vehicle in operation or other
equipment
•
All time, other than driving time, in or upon any commercial motor vehicle except time resting in
a sleeper berth (a berth conforming to the requirements of section 393.76 of 49 C.F.R.)
•
All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading
or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in
readiness to operate the commercial motor vehicle, or in giving or receiving receipts for
shipments loaded or unloaded
•
All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial
motor vehicle
•
All time spent on a jobsite operating equipment/vehicles or working as a laborer
406
Prohibited Conduct
During the time that drivers and other personnel are performing safety-sensitive functions, they shall not:
•
Possess any alcohol
•
Use any alcohol
•
Use any alcohol within four hours of going on duty
•
Have any alcohol in their system
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•
Use any alcohol for eight hours after an accident which will require the driver to be tested for
alcohol or until tested
•
Refuse to submit to a required alcohol and/or controlled substance test
•
Report to or remain on duty when using any controlled substance, except when under a
physician’s orders AND the physician has informed the driver that the use will not affect the safe
operations of a commercial vehicle or equipment
•
Report to or remain on duty if he/she has tested positive for controlled substance
407
Tests Required
All employees will be tested for alcohol and/or controlled substance use or misuse under the following
circumstances:
•
Pre-employment or pre-use. All applicants seeking employment at Cactus will be required to be
tested for the use of controlled substances.
•
Random. All CDL drivers and employees that perform safety-sensitive work are subject to random
testing at ten (10) percent (unless the Federal Highway Administration announces another testing
level) to unannounced random alcohol testing, which will be spread throughout the calendar
year. Fifty (50) percent (unless the Federal Highway Administration announces another testing
level) of all CDL drivers and employees that perform safety-sensitive work will be selected to
submit to unannounced controlled substance testing.
•
Post-accident. Employees will be alcohol and controlled substance tested in the event of an
accident. If the accident is one where one or more vehicles were towed from the scene of the
accident or involves somebody being injured to the degree that the injury must be treated
immediately away from the scene of the accident, then the driver must also receive a summons
for a moving traffic violation as a result of the accident before a test will be directed.
•
Reasonable suspicion. All drivers and employees who perform safety-sensitive work that are
observed by a trained company supervisor to exhibit signs and/or symptoms of alcohol and/or
controlled substance use or misuse will be required to submit to an alcohol and/or controlled
substance test.
•
Return to work. A driver or employee that performs safety-sensitive work who previously tested
positive for alcohol and/or controlled substance must submit to a return-to-duty alcohol and/or
controlled substance test. The result must be negative to be enabled to return to duty.
•
Follow-up. A driver or employee that performs safety-sensitive work who previously tested
positive and has returned to duty must submit to at least six (6) alcohol and/or controlled
substance test during the first 12 months after returning to work if the Substance Abuse
Professional determines that the driver has an alcohol or substance abuse problem. Follow-up
tests will be announced and may continue for up to sixty (60) months after returning to work. Any
follow-up tests will be at the discretion of the Substance Abuse Professional.
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408
Testing Procedures
Cactus partners with a medical company with certified collectors to do the collection of the urine
specimen(s) for pre-employment substance testing. Alcohol testing will be done by a certified technician
of the medical company. For all other substance testing, Cactus has authorized personnel to administer
oral drug tests for field employees. Commercial vehicle drivers will be sent to the medical company for
regulated testing of a urine specimen(s).
Once an employee has been directed to submit to an alcohol and/or controlled substance test, he/she
will proceed immediately to the testing location. Drivers must comply with the lawful request of the
technician doing the alcohol and/or controlled substance test.
The employee will be required to provide photo identification prior to testing. Privacy will be ensured at
the facility by means of voiding in a private enclosure. A split sample will be procured and both samples
will be sent to the lab.
The selected employee will be required to provide a urine or saliva specimen for controlled substance
testing and/or a breath or saliva sample for analysis of alcohol concentration.
Proper chain of custody procedures will be followed to ensure that the specimen submitted is indeed the
specimen that belongs to the selected employee. The specimen will be sealed to prevent tampering
during transport to the laboratory. Federal certified laboratories will be utilized for testing (drugs) and
two separate methodologies will be performed to verify all specimens as positive prior to controlled
substances reporting to the medical review office (MRO).
The MRO is a licensed physician that reviews all test results prior to reporting to the company. Should the
specimen test positive, the MRO will contact the employee to discuss the test findings and allow the
employee an opportunity to discuss his/her test results and any factors that could have attributed to the
positive test. Should the employee question the test findings, the employee can request that the split
sample be forwarded to another certified laboratory for re-analysis with all costs paid by the employee.
All test results are treated confidentially, and no results will be released to outside parties without the
employee’s express consent or when required by law, rule, or regulation or expressly authorized.
All testing for alcohol use or misuse will be conducted only by devices which have been approved by the
National Highway Traffic Administration or trained Breath Alcohol Technicians (BAT’s) or trained
Screening Test Technicians.
409
Arizona Medical Marijuana Act
We will comply with Arizona state law and the Arizona Medical Marijuana Act (“the AMMA”). It should be
noted that while the AMMA contains exceptions and limitations, it does not allow employees to possess
or to use marijuana in the workplace. Additionally, if you are working in a safety-sensitive position, you
are not protected by the AMMA. Thus, you can and will be terminated if you test positive for marijuana,
or we otherwise have reason to believe you are using marijuana, regardless of whether you are impaired
at work.
Subject to certain exceptions provided by the AMMMA, including exceptions related to safety-sensitive
positions and federal laws or regulations, we will not discriminate in hiring, terminating, or imposing any
8. SAFETY
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
term or condition of employment, and will not otherwise penalize any person, based upon either:
•
That person’s status as a registered cardholder under the AMMA; or
•
A registered, qualifying medical marijuana patient’s positive drug test for marijuana components
or metabolites, unless the patient used, possessed or was under the influence of marijuana on
the premises of any place of employment or during any hours of employment.
The company, however, will not hire any person with a medical marijuana card into a safety-sensitive
position. The following considered safety-sensitive positions:
•
Any employee who operates any company vehicle
•
Any employee who operates a commercial vehicle
•
Any employee who operates machinery/equipment
The AMMMA does not authorize, and the company prohibits, any employee who is a registered,
qualifying medical marijuana patient/cardholder from:
•
Ingesting marijuana in any workplace or working while under the influence of marijuana
•
Undertaking any task while under the influence of marijuana that would constitute negligence
•
Possessing or using medical marijuana on a school bus or on the grounds of any preschool or
primary or secondary school
•
Smoking marijuana on any form of public transportation or in any public place
•
Operating or being in actual physical control of any motor vehicle, aircraft, or motorboat while
under the influence of marijuana
•
Using marijuana, except as authorized by the AMMA
The company will maintain as confidential the status of any person who is a registered, qualifying medical
marijuana patient under the AMMA and any such person’s use of medical marijuana authorized by the
AMMA.
410
Employment Assistance Program (EAP)
Cactus has implemented an Employee Assistance Program (EAP) in conjunction with its drug program.
The purpose of the EAP is to provide professional assistance to employees who may require help in
overcoming a substance abuse problem. The EAP is a demonstration that the Company cares for its
employees and desires to assist those in need.
Eligibility and the level assigned will be determined by management.
•
Level 1 – 3 months of random drug tests
•
Level 2 – 6 months of random drug tests
•
Level 3 – 3 months of random drug tests and counseling through a Cactus-approved provider
•
Level 4 – 6 months of random drug tests and counseling through a Cactus-approved provider
The policy may be changed by Cactus at any time without notice.
A) GENERAL CONTRACTOR
ARIZONA LICENSE
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Cactus holds an A-General
license with the Arizona
Registrar of Contractors.
License #194430.
A) GENERAL CONTRACTOR ARIZONA LICENSE
B) RESUMES
RESUMES
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
2 YEARS WITH CACTUS
25 YEARS OF EXPERIENCE
CERTIFICATION
International Slurry Seal Association
Certification
American Traffic Safety Services
Association Certification
National Center for Pavement
Preservation Certification - Michigan
State
Board Member, Arizona Maintenance
Supervisors Association
Pavement Preservation Subcommittee,
Arizona General Contractors
Association
Arizona Transportation Builders
Association
JOC PROGRAM MANAGER
MCFCD JOC | FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY | $500-900K
(see Section 1. Prior Experience for details)
JOC PROGRAM MANAGER
PAVEMENT PRESERVATION AND REPAIR SERVICES
175923ROQ | PINAL COUNTY | $150-950K
(see Section 1. Prior Experience for details)
JOC PROGRAM MANAGER
1 GPA ASPHALT PRODUCTS AND
SERVICES | NUMEROUS AGENCIES AND
MUNICIPALITIES | $25-450K
(see Section 1. Prior Experience for details)
JOC PROGRAM MANAGER
ASPHALT MAINTENANCE AND REPAIR JOC |
CITY OF ELOY | $750-920K
▪CIP Streets Projects FY 22-23 | 2023 | $928K
▪CIP Streets Projects FY 21-22 | 2022 | $863K
BIOGRAPHY
With over 25 years in civil construction, Brian has extensive experience in job order contracting across various
Arizona agencies. He has consistently overseen projects, ensuring their safe, timely, and budget-compliant
completion while meeting all quality standards. He has an outstanding rapport with the local subcontractor
market and has a proven record of managing the unique requirements of a job order contractor, including
immediate response, reliability, flexibility, and quick construction timeframes. His JOC teams have consistently
demonstrated the ability to fulfill these criteria, delivering as promised to clients.
As a pavement specialist, Brian has played a critical role in developing means and methods for pavement
restoration and preservation. His expertise in materials and techniques relevant to this JOC is evidenced by his
position as Board Member of the Arizona Maintenance Supervisors Association (AZMSA), and participation in the
Arizona General Contractors Association (AGC) and Arizona Transportation Builders Association (ATB).
Brian will serve as the MCFCD's single point of contact and will closely coordinate with the team, including
the MCFCD and all necessary subcontractors, to ensure each job order is successfully executed. An excellent
communicator, Brian has the ability to interface easily with the MCFCD to ensure the successful completion of all
projects under this JOC.
BRIAN BARNUM
JOC PROGRAM MANAGER
RESUMES
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
2 YEARS WITH CACTUS
7 YEARS OF EXPERIENCE
EDUCATION
B.S., Business Management,
University of Arizona
JOC PROJECT MANAGER
MCFCD JOC | FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY | $500-900K
(see Section 1. Prior Experience for details)
JOC PROJECT MANAGER
STREET MAINTENANCE CONTRACT JOC 16-S-01
| CITY OF SEDONA | $300K-1.2M
(see Section 1. Prior Experience for details)
JOC PROJECT MANAGER
PAVEMENT PRESERVATION AND REPAIR SERVICES
175923ROQ | PINAL COUNTY | $150-950K
(see Section 1. Prior Experience for details)
JOC PROJECT MANAGER
1 GPA ASPHALT PRODUCTS AND
SERVICES | NUMEROUS AGENCIES AND
MUNICIPALITIES | $25-450K
(see Section 1. Prior Experience for details)
JOC PROJECT MANAGER
ASPHALT MAINTENANCE AND REPAIR JOC | CITY
OF ELOY | $750-920K
▪CIP Streets Projects FY 22-23 | 2023 | $928K
▪CIP Streets Projects FY 21-22 | 2022 | $863K
JOC PROJECT MANAGER
NEIGHBORHOOD AND ARTERIAL PAVEMENT
MAINTENANCE | CITY OF MARICOPA | $4.5M
▪Pavement preservation and maintenance projects
in neighborhoods and arterial streets, including chip
seal, crack seal, fog seal, texture sealing, striping,
paving, and milling in the City of Maricopa.
JOC PROJECT MANAGER
FY2023 WESTWOOD ESTATES CAPE SEAL |
COCONINO COUNTY | $860K
▪Pavement preservation services, including crack
sealing, micro milling, chip sealing, micro sealing,
and utility adjustments.
BIOGRAPHY
Thomas has seven years of experience in the roadway preservation and maintenance industry, both in
contracting and material manufacturing. He has worked in various capacities and has partnered with multiple
agencies, such as ADOT and other DOTs, to complete large public works projects, including CMAR and
JOC programs. Thomas' recent experience includes managing the MCFCD JOC, the City of Sedona Street
Maintenance JOC, and the Pinal County Pavement Preservation and Repair Services JOC.
As Project Manager on this JOC, Thomas will ensure each job order is accurately planned and scheduled. He
will provide subcontractor management while tracking the progress and completion of all projects under this
JOC. Thomas will benefit the MCFCD through his attention to detail, timely communication, and understanding of
construction for public agencies.
THOMAS MUCENSKI
JOC PROJECT MANAGER
RESUMES
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
8 YEARS WITH CACTUS
19 YEARS OF EXPERIENCE
EDUCATION/CERTIFICATION
B.S., Construction Management,
Arizona State University
OSHA 10-Hour
OSHA 30-Hour
16-Hour Erosion Control Coordinator
National Safety Council Flagger
Training
Maricopa County Dust Coordinator
JOC ESTIMATOR
MCFCD JOC | FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY | $500-900K
(see Section 1. Prior Experience for details)
JOC ESTIMATOR
STREET MAINTENANCE CONTRACT
JOC 16-S-01 | CITY OF SEDONA | $300K-1.2M
(see Section 1. Prior Experience for details)
JOC ESTIMATOR
JOC 2017-001 ROADWAY STABILIZATION AND
PAVING SERVICES | MCDOT | $50K-1M
(see Section 1. Prior Experience for details)
JOC ESTIMATOR
PAVEMENT PRESERVATION AND REPAIR SERVICES
175923ROQ | PINAL COUNTY | $150-950K
(see Section 1. Prior Experience for details)
JOC ESTIMATOR
1 GPA ASPHALT PRODUCTS AND
SERVICES | NUMEROUS AGENCIES AND
MUNICIPALITIES | $25-450K
(see Section 1. Prior Experience for details)
JOC ESTIMATOR
STREET TRANSPORTATION DEPARTMENT FAST
PROGRAM | CITY OF PHOENIX | $900K-2.2M
▪JOA 1 | 2018 | $853K
▪JOA 2 | 2019 | $975K
▪JOA 3 | 2020 | $1.07M
JOC ESTIMATOR
JOC SERVICES FOR PAVING AND RESURFACING
OF STREETS AND FACILITIES | CITY OF TEMPE |
$10K-1.5M
▪56th Street Rail Crossing Pavement Maintenance | 2020 | $52K
▪Rail Road Crossings (13th St. & Alameda Dr.) | | 2019 | $109K
▪Hollis Park NBH Mill and Overlay | 2021 | $284K
▪WUD Tempe Surface Repairs | 2020 | $89K
▪Neighborhood Traffic Calming - Lakeshore Dr. | 2020 | $31K
▪Bell De Mar Speed Cushions | 2022 | $79K
▪19th St. and Beck Asphalt and Concrete Repairs | 2022 | $72K
BIOGRAPHY
Jeff brings 19 years of experience primarily focused on pavement preservation and rehabilitation. He has served
as senior estimator on projects including asphalt paving, chip seal, seal coat, crack seal, milling, PCCP paving,
bridge construction, pipe and box culvert installation, ADA, and other civil infrastructure improvements. Jeff
has successfully priced and participated in MCFCD job orders and other relevant JOCs, including the City of
Sedona Street Maintenance Contract JOC, MCDOT's JOC for Roadway Stabilization and Paving Services, Pinal
County's Pavement Preservation and Repair Services JOC, 1 GPA Asphalt Products and Services.
As Estimator on this JOC, Jeff will maintain a high-level view of costs and will quickly provide viable estimates
to ensure construction begins in a timely fashion while managing the resources best suited to each job. The
MCFCD will benefit from Jeff's extensive knowledge and experience involving civil construction and asphalt
paving, allowing the MCFCD to make the best decision for the specific goals of each project.
JEFF ABRAM
JOC ESTIMATOR
▪JOA 4 | 2021 | $1.33M
▪JOA 5 | 2022 | $1.40M
C) REFERENCES
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
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):
C) REFERENCES
Flood Control District of Maricopa County
n/a
Scott Roybal
scott.roybal@maricopa.gov
2018-2023
2801 W. Durang St., Phoenix, AZ 85009
(602) 372-1405
n/a
Yearly projects for the MCFCD that included paving, grading, slope reconstruction,
concrete structures, and drainage improvements for properties maintained by the
MCFCD to protect the greater Maricopa County region from potential flooding.
Partnering team: Jim Pulice / Brian Barnum / Thomas Mucenski / Jeff Abram
Owner's Project Name: JOC for the Flood Control District of Maricopa County
2. 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):
JOC 16-S-01
Stephen Craver
scraver@sedonaaz.gov
2016-2021
City of Sedona
102 Roadrunner Dr., Sedona, AZ 86336
(928) 202-2032
n/a
Multi-year JOC contract included concrete, paving, ABC, crack sealing, seal coating,
(FAST), and other tasks throughout the City. Partnering team: Jim Pulice / Thomas Mucenski /
Jeff Abram Owner's Project Name: City of Sedona Street Maintenance Contract JOC 16-S-01
3. 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):
JOC 2017-001
Jack Guzman
jack.guzman@maricopa.gov
2017-2022
Maricopa County Department of Transportation
2801 W. Durang St., Phoenix, AZ 85009
(602) 506-0747
n/a
Multi-year JOC included various types of roadway paving and civil work throughout Maricopa
County. Partnering team: Jim Pulice / Thomas Mucenski / Jeff Abram
Owner's Project Name: MCDOT JOC 2017-001 Roadway Stabilization and Paving Services
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
5. 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):
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
1 Government Procurement Alliance
17-16P-01
Rebecca Seifert
rseifert@1gpa.org
2016-2021
1910 W. Washington St., Phoenix, AZ 85009
(866) 306-3893
(623) 907-2900
4. 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):
175923ROQ
Joe Ramirez
Joe.Ramirez@Pinal.gov
2017-2022
Pinal County
12725 E. Adamsville Rd., Florence, AZ 85132
(520) 866-6680
(520) 866-6511
JOC for Pinal County included pavement preservation and pavement construction projects
Partnering team: Brian Barnum / Thomas Mucenski / Jeff Abram
Owner's Project Name: Pinal County Pavement Preservation and Repair Services
Nationwide cooperative purchasing contract for municipalities and government agencies to
purchase from. Partnering team: Jim Pulice / Brian Barnum / Thomas Mucenski / Jeff Abram
Owner's Project Name: 1 GPA Asphalt Products and Services 17-16P-01
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
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:
Brief Project Description (including partnering team and owner’s project name):
3. 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):
4. 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):
5. 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):
MAJOR TRADE SUBCONTRACTOR REFERENCES
DBA Construction
UUCON
Metro Engineering and Survey, LLC
P.O. Box 63035, Phoenix, AZ 85082
7777 N. 70th Ave., Glendale, AZ 85303
7777 N. 70th Ave., Glendale, AZ 85303
602-442-6767
602-743-2218
623-466-6640
602-442-0408
N/A
623-879-0611
Matt Woolwine
Ryan Hardy
Brandon Gallimore
mwoolwine@dbaconstruction.net
ryan@uucon.com
brandon@metroaz.net
2021
2023
2018-2023
Cactus subcontracted
Cactus subcontracted
Cactus subcontracted
DBA as a key sub to purchase and install seven cattleguards along Bush Hwy for our MCDOT JOC.
UUCON for the drainage pipe installation scope of this JOA for our MCDOT JOC.
MCDOT Cattleguard Installation – Bush Hwy
MCDOT Beloat Road Drainage
MCDOT JOC (All Survey)
Metro Engineering and Survey for all survey and design needs for our MCDOT JOC. Metro was
a key subcontractor for all JOAs involving survey.
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
D) LEGAL WORKER
CERTIFICATION
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
D) LEGAL WORKER CERTIFICATION
E) SURETY BOND
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
E) SURETY BOND
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
F) PROPOSAL
EXCEPTIONS
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
F) PROPOSAL EXCEPTIONS
Cactus has reviewed all sections of the RFQ. Cactus does not have
any exceptions.
G) NON-COLLUSION
AFFIDAVIT
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
G) NON-COLLUSION AFFIDAVIT
H) SCOPE OF WORK
CHECKLIST
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
H) SCOPE OF WORK CHECKLIST
I) SUBCONTRACTOR
LISTING
ATTACHMENTS
JOC FOR THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
I) SUBCONTRACTOR LISTING
DBA Construction, P.O. Box 63035, Phoenix, AZ 85082
UUCON, 7777 N. 70th Ave., Glendale, AZ 85303
Metro Engineering and Survey, LLC, 7777 N. 70th Ave., Glendale, AZ 85303
ADDENDA
ACKNOWLEDGMENT
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 1 To Job Order Contractor for the Flood Control District of Maricopa County - 240008-JOC
Page 3 of 3
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. 1 Acknowledgement:
__________________________________
Firm Name
__________________________________
Signature
__________________________________
Title
__________________________________
Signatory Printed Name
__________________________________
Date
12/21/2024
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 240008-JOC To Job Order Contractor for the Flood Control District of Maricopa County -
240008-JOC
Page 2 of 2
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:
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. 240008-JOC Acknowledgement:
__________________________________
Firm Name
__________________________________
Signature
__________________________________
Title
__________________________________
Signatory Printed Name
__________________________________
Date
Sharon Rogers
Contracts Officer
1/8/2024
Sharon Rogers
1/8/2024
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 3 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. 3 Acknowledgement:
__________________________________
Firm Name
__________________________________
Signature
__________________________________
Title
__________________________________
Signatory Printed Name
__________________________________
Date
1/10/2024