Rev. 02/2019

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1739 W. Jackson St., Ste. A Phoenix, AZ 85007

INVITATION FOR BID

SOLICITATION NUMBER: BPM002863

DESCRIPTION: Roadside Services of Various Trees and Herbicide Treatment

QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e-Procurement system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Shaimaa Ahmed Procurement Officer Phone: 602.712.4458 Email: SAhmed@azdot.gov

This solicitation is issued in accordance with A.R.S. §41-2533 and A.A.C. R2-7-B301 et seq., Competitive Sealed Bidding.

“An Equal Opportunity Agency”

The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Americans with Disabilities Act (ADA), hereby notifies all bidders that it will affirmatively ensure that any cont ract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an award.

Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone (602) 712-2089. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.

Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con ADOT (602) 712-2089.

https://app.az.gov/ mailto:SAhmed@azdot.gov

TABLE OF CONTENTS

Solicitation No: BPM002863 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 21

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 30

2 - Title VI/Non-Discrimination Assurances Appendix E 31

3 - Work Location Map 32

4 – Task Assignment 33

5 - Daily Work Report 34

6 - Worksite Audit 35

7 - Work Site Inspection Report 37

8 - Pesticide Use Proposal (PUP) 38

9 - BLM Pesticide Use Proposal 39

10 - Safety Program Plan Requirements 44

11 – Usage Report 45

SPECIFICATIONS

1. Statement of Need

1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq., the State of Arizona Department of Transportation (Department), has a requirement for Roadside Services of Various Trees and Herbicide Treatment along State and Federal Highways throughout Arizona.

2. Introduction and Background

2.1. The Department intends to establish a term contract for cutting and disposal of specified tree products and herbicide treatment along various state and federal highways along and within the State of Arizona Right-of-Ways.

2.2. The Department requires the services of qualified on-call contractor(s) for “as needed” cutting and disposal of all specified tree products and project debris in the “clear and recovery” zones and herbicide treatment along and within the right-of-way shoulders and medians of various State and Federal highways within the State of Arizona.

3. General Requirements

3.1. Work Locations

3.1.1. The work locations will be divided by county:

3.1.2. All work shall be performed along and within the right-of-way shoulders, medians, and adjacent lands. Refer to Work Location Map, Exhibit 3).

3.1.3. Although the work shall be priced by units (acre or individual tree) some projects may not consist of contiguous acreage. For those projects spanning more than one county, Contractors possessing award specific to the counties involved shall be considered to carry out the work required or as in the best interest of the State. If anyone Contractor has awards in each of the counties involved, the Project Manager may choose to use the same Contractor for the entire project.

3.1.4. Although work shall be priced by units (acre or individual tree) some projects may not consist of contiguous units along the right of way.

3.2. Work Schedule

3.2.1. The Department shall issue a written Task Assignment (Exhibit 4) to the Contractor specifying the measurements and distance of the service location, description of service being ordered, the scope of work specific to the location, purchase order number, type of vegetation removal required and required delivery date.

3.2.2. The timelines for the Task Assignment are as follows:

3.2.2.1. Contractor shall respond to Task Assignment for services within ten (10) calendar days of the request

Apache Graham Mohave Santa Cruz Cochise Greenlee Navajo Yavapal Coconino La Paz Pima Yuma Gila Maricopa Pinal

3.2.2.2. Contractor shall attend scheduled meetings by the Department for review of Task Assignment within ten (10) calendar days of the meeting request. The meetings shall generally be held at an ADOT Unit Location nearest to the project.

3.2.2.3. Contractor shall begin work within fourteen (14) calendar days from the Contractor’s acceptance date on the Task Assignment

3.2.3. No work shall begin on a project until the Contractor has completed all requirements stated within Specifications 3.3. Task Assignments and;

3.2.3.1. Has inspected the work site with the Department;

3.2.3.2. Signed and returned the Task Assignment to the Department, indicating dates of delivery

3.2.3.3. Received a Purchase Order from the Department

3.2.4. The Department requires the Contractor to submit a proposed work schedule, work plans, and any required traffic control plans for approval within five (5) calendar days after acceptance of a Task Assignment.

3.2.5. The Contractor will set the proposed work schedule on a “typical” monthly calendar format identifying each specific work activity, including the locations, names, number of workers and the specific hours of operation. Contractors work schedule must reflect adequate time for completion of all work within the designated time frame.

3.2.6. The Contractor shall contact the Department weekly to discuss the work schedule, hazards, safety precautions, and job progress. This contact may be by telephone in lieu of a personal meeting.

3.2.7. The Contractor shall adhere to the accepted work schedule and shall complete all work as scheduled unless circumstances occur which are beyond the control of the Contractor. If work was not completed as scheduled, the Contractor shall submit a report to the Department on the first work day of the following week providing an explanation of why the work was not completed and plans for getting the work on schedule. If the Contractor falls behind schedule at any time, additional workers shall be assigned until the work is back on schedule at no additional cost to the Department.

3.2.8. The Contractor must submit in writing to the Department, any significant changes in the proposed work schedule and a proposed revised work schedule. The Contractor may implement the revised schedule upon written acceptance by the Department.

3.2.9. The Department reserves the right to make adjustments in the schedule at any time to avoid conflict with highway construction, maintenance operations, or to better serve the Departments’ needs. See paragraph 4.15, Suspension of Work.

3.2.10. Only the Departments office issuing the initial Task Assignment may request additional work and/or changes at a project site. The Department will issue a revised Task Assignment authorizing change. To ensure payment, the Contractor must sign and return the revised Task Assignment to the Department. If the Contractor performs requested work without authorization from the section initiating the Task Assignment, the work will be at the Contractors expense.

3.2.11. All work shall be performed during daylight hours. Contractor’s work hours must correspond to the Department’s hours as provided by the Project Manager. (Department work hours may vary to accommodate seasonal changes) Work shall be performed Monday through Friday. No work shall be performed on weekends or State Holidays without prior written approval of the Department.

3.2.12. The Contractor shall complete all work, weather and roadway conditions permitting, within thirty (30) calendar days after start date unless otherwise stipulated in writing by the Department.

3.2.13. The Contractor shall begin work on a project when the Contractor has:

3.2.13.1. Received a Task Assignment

3.2.13.2. Attended a Task Assignment meeting scheduled by the Department

3.2.13.3. Inspect the work site with the Department

3.2.13.4. Signed and returned the Task Assignment to the Department, indicating dates of delivery

3.2.13.5. Received a Purchase Order from the Department

3.2.14. The Contractor shall provide a designated facsimile machine, or email address separate from the main business telephone number, to receive work request and send daily work reports to the Department.

3.2.15. The Contractor shall complete a Daily Work Report, Exhibit 5, and scan them to the Department once a week. These reports may be modified at any time to meet the needs of the Department.

4. Specific Requirements

4.1. Work Details – Removal/Disposal

4.1.1. The Contractor shall remove trees, alive or dead, by the acre or individually to clear recovery zones and thin right-of-ways.

4.1.2. The Contractor shall dispose of logs and slash produced from the Department cutting projects.

4.1.3. Should the trees to be cut constitute merchantable timber, the Contractor shall reduce the amount due from the Department by the market value of the trees cut.

4.1.4. The Contractor shall completely cut and remove all trees, except that vegetation designated as excluded species or “leave” trees by the Department as defined in Paragraph 4.4, Vegetation Types and as specified on the Departments Task Assignment, Exhibit 4.

4.1.5. The Department shall state on Task Assignment, Exhibit 4, if vegetation is to be piled, chipped or scattered along the ground, or removed from the site. See Paragraph 4.5, Disposal of Vegetation.

4.1.6. There will be certain times during the year when some areas in project work sites may be excluded from tree thinning requirements because of, but not limited to:

4.1.6.1. Threatened or endangered species nestling concerns and restrictions

4.1.6.2. Current bark beetle mitigation guidelines

4.1.6.3. Wet weather restrictions, when soil moisture conditions are such that project operations may cause detrimental soil disturbances such as rutting, compaction, or when soils are beginning to puddle. When the soil is soft and vehicle and equipment may cause ruts of four (4) inches deep off-road or deeper.

4.1.6.4. Red Flag days issued by the National Weather Service

4.1.6.5. Biological, ecological or environmental

4.1.6.6. Fire restrictions issued by the Forest Service.

4.2. Herbicide/Pesticide

4.2.1. Herbicide/Pesticide is an optional service. The Contractor and/or subcontractor performing these services must adhere to following requirements:

4.2.2. The Contractor shall be required to submit a Pesticide Use Proposal (PUP’s), Exhibit 8, for each landowner affected within the right-of-way. The U.S. Forest Service and Bureau of Land Management (BLM) have separate PUP requirements and will need their approvals.

State and private land PUP’s within the easement will be approved by the Department.

4.2.3. PUP’s will determine which herbicides can be used. Each landowner has different requirements. The Contractor shall get approval before any herbicide is applied on the right-of-way. The Department can provide examples and direction if needed, however the Contractor will need their own PUP. All other land owners not listed will need to be contacted prior to work to ensure compliance and approval. The Department shall assist with these approvals.

4.2.4. In some instances the Contractor may work under the Departments current PUP if one is available. The Contractor will need to get this approved in writing and will be required to follow all regulations under the PUP.

4.2.5. The Contractor shall use and adhere to a common list of approved herbicides on ADOT Right-of-Ways.

4.2.6. The Department shall establish the treatment type and the herbicide mix (recipe) prior to each project. These details will be outlined on the Task Assignment by the district or unit that is requesting the project. Typical herbicide mixes will contain 1 or 2 active herbicide products along with multiple adjuvants. The Department and Contractor will review and agree on a final mix prior to any treatments in the field.

4.2.7. Herbicide treatments will generally be conducted in conjunction with a tree and brush project. The Contractor may be required to spray stumps directly after trees and brush have been cut and/or after trees and brush have re-sprouted several weeks / months later. The Department reserves the right to conduct the spraying in-house during a contracted cutting project.

4.2.8. The Contractor shall be required to be licensed through the Arizona Department of Agriculture, Pest Management Division (PMD). The website can be found at http://opm.azda.gov/ . Contracted Sprayers will be required to hold a PMD license for Right-of-Way use. Some projects may require the use of aquatic herbicides which will require the Sprayer to be licensed in the aquatics category. Each Sprayer shall have their own PMD license.

https://app.az.gov/ http://opm.azda.gov/ http://opm.azda.gov/

4.2.9. The Contractor shall be required to give the Department, Daily Herbicide Treatment Records which shall include all requirements set forth by the Pest Management Division – Title 4, Chapter 29, Article 4 (R4-29-501:

http://opm.azda.gov/Assets/PDFDocuments/Laws&Rules/OPM_rules.pdf Treatment records will be kept daily and shall be required to be sent to the Department with 24 hours of the application. These records can be scanned to the Project Manager.

4.2.10. The Contractor shall comply with all Federal, State, and local laws regarding pesticide use.

4.3. Performance Specifications and Definitions

4.3.1. Breast Height – Four and one-half (4 ½) feet above the average ground level. Diameter is usually measured and basal area calculated at this point on a tree.

4.3.2. Buck – To cut a felled tree into logs

4.3.3. Butt – The bottom of the felled part of a tree

4.3.4. DBH - Diameter at breast height, 4.5 ft. DBH will only be used for single stem individual tree removal. Debark – To remove bark from trees or logs

4.3.5. Debark – To remove trees or logs

4.3.6. Deck – A stack of trees or logs

4.3.7. Debris in Roadway – The Contractor will immediately clean up all debris from the roadway

4.3.8. Delimbing – removing branches from the stem of a felled tree. This will be performed on the right-of-way with no impact outside of the right-of-way.

4.3.9. Density-

Light- 1 to 16 trees per acre

Moderate-17 to 32 trees per acre

Heavy-33 and up trees per acre

4.3.10. Duff – various stages of decaying organic matter found on the soil surface.

4.3.11. Edge of Pavement – The edge of the physical asphalt, not from the white line or from the edge of the roadway shoulder. The Department shall use the edge of the pavement as the baseline for all measurements to indicate the boundaries of the project work site on the Task Assignment, Exhibit 4.

4.3.12. Fell (Fall) – To cut down trees

4.3.13. Felled tree and limb replacement – At the close of each business day the Contractor shall move all felled trees outside of the recovery zone.

4.3.14. Fences – The Contractor shall use reasonable care to avoid disturbing or damaging fences and associated gates. The Contractor shall correct any damage to fencing immediately at no cost to the Department.

4.3.15. Fire Suppression – All fires shall be reported to local officials as soon as possible. Even though the Contractor’s crew may have suppressed the fire, this report is required. The Contractor shall indicate all fire suppression activity on the Daily Work Report, Exhibit 5.

http://opm.azda.gov/Assets/PDFDocuments/Laws&Rules/OPM_rules.pdf

The Department will be responsible for providing the fire suppression crew at the project work sites as required.

4.3.16. Firewood – The Contractor may be required to purchase firewood permits from the Forest Service for project work sites located on Forest Service Land.

4.3.17. Ground Level – In this contract ground level is defined as the point on the soil where the vegetation emerges from the surface of the soil, not from the surface of the debris accumulated at the base of the vegetation.

4.3.18. Grubbing – Grubbing shall not be allowed at any work location

4.3.19. Guardrail Areas – Tree and brush removal behind guardrails shall be performed as indicated on the Task Assignment, Exhibit 4.

4.3.20. Improvements – The Contractor shall leave the right-of-way in a condition that does the least amount of damage to existing resources. The Contractor shall take all reasonable precautions to avoid damage to the existing ground areas, right-of-way fences, utilities, utility markers, highway milepost markers, guardrails, signs, delineators, or other structures. The Contractor shall ensure that all personal debris from employee activity at the work site will be removed daily.

4.3.21. Landing – Any place where logs are laid after being yarded, and before transport from the work site.

4.3.22. Leave Trees – The Department will identify the trees and brush that shall remain uncut as specified on the Task Assignment, Exhibit 4. Leave trees that are cut or damaged may result in a penalty amounting to triple the value of the cut timber’s market value or the purchase price of the tree at the time it was purchased by the agency, whichever is greater.

4.3.23. Litter – The uppermost layer of the soil, made up of freshly fallen or slightly decomposed organic materials.

4.3.24. Log – A piece of the woody stem of a tree, usually cut to a specific length.

4.3.25. Ownership – The vegetation in the project site may become property of the Contractor upon issuance of the purchase order by the Department, and must be removed from the right-of-way as specified in Paragraph 4.5, Disposal of Vegetation.

4.3.26. Project Work Sites – The Department shall be responsible for the physical measurement and marking of the areas, distances and calculation of acreage to be cut in each project service location.

4.3.27. Public Service Announcements – If specified on the Task Assignment, Exhibit 4, the Contractor may be required to provide public service announcement(s) prior to commencement of any work performed under this contract; be responsible to pay any and all costs for providing the public service announcement(s); and for any additional notification as required by A.R.S. § 37-237. The Contractor shall be required to submit a public service announcement(s) to the Department for approval two (2) weeks prior to the commencement of any work operations on a project. The Contractor shall then submit the approved announcement(s) to newspaper(s) and radio station(s) in the work area one

(1) week prior to commencement of work.

4.3.28. Rodent Nests – The Contractor shall notify the Department of the location of any rodent nest (including, but not limited to: rat, mice, moles and burrowing animals) prior to cutting the vegetation as close to four (4) inches to the top of the nest.

4.3.29. Sensitive and Heritage Resource Sites and Restrictions – The Department shall indicate on the Task Assignment, Exhibit 4, if any areas in the project work site have been identified and marked as biological, ecological, cultural or archeological sites. The Contractor shall not operate wheeled or track-laying equipment or vehicles within areas identified at the work site or indicated on the Task Assignment. The Contractor shall protect 100% of the marked sensitive resource sites against destruction, obliteration, removal or damage during the Contractor operations. The Contractor shall immediately notify the Project Manager if disturbance occurs to any known site, and shall immediately halt operations in the vicinity of the site until the Project Manager authorizes the Contractor to proceed. The Contractor shall bear all costs of evaluation and restoration of such sites.

4.3.30. Skidding – The yarding of trees or logs by pulling or towing them across the ground.

4.3.31. Snag – A dead or dying tree.

4.3.32. Stump Height – All stump height shall be measured from the ground level, as defined herein and shall be a maximum of two (2) inches high within twenty (20) feet from edge of pavement, and four (4) inches high beyond the twenty (20) feet from edge of pavement.

Stump shall be cut level so it is flat. The Contractor shall re-cut high stumps so that they will not exceed the stump height requirements for the work site. The Contractor shall dispose of the severed portions in the same manner as other debris unless otherwise approved by the Department. The Department may determine that contract stump heights may be impracticable for specific work sites, and will indicate acceptable higher stump height exceptions on the Task Assignment.

4.3.33. Tribal Land – The Department may have projects that will be located in Native American Tribal Communities or on Tribal Lands. The Contractor shall adhere to all Tribal rules and regulations, including labor requirements, taxes, fees, licenses, permits or conditions that may be imposed by the Tribal Community or Reservation. Each Tribal Nation has TERO’s (Tribal Employment Rights Office(s) that can assist the contactor with compliance of requirements imposed on tribal lands.

4.3.34. Traffic Flow – The Contractor shall perform work in the direction of the flow of traffic unless otherwise indicated by the Department.

4.3.35. Utilities – The Contractor shall protect all telephone and power lines, ditches and other improvements against damages or destruction during the project operations. The Contractor shall avoid causing damage to any utilities and markers, or other property at the project site, and is responsible for timely repair of any damage that occurs at their expense.

4.3.36. Yarding – The movement of logs from the place they are felled to a landing.

4.3.37. Multi-stem tree removal

4.3.37.1. When the trunk branches or splits less than 4.5 feet from the ground, measure the smallest circumference below the lowest branch. If the tree has a branch or a bump at 4.5 feet, it is better to measure the diameter slightly below or above the branch/ bump.

4.3.37.2. For multi-stemmed trees, the size is determined by measuring all the trunks, and then adding the total diameter of the largest trunk to one-half the diameter of each additional trunk. A multi-stemmed tree has trunks that are connected above the ground and does not include individual trees growing close together or from a common root stock that do not have trunks connected above the ground.

4.4. Vegetation Types

4.4.1. Vegetation may include, but is not limited to the following types:

4.4.1.1. Hardwood Desert and Pinyon Juniper Vegetation Type

4.4.1.1.1. Juniper (Juniperus despeana)

4.4.1.1.2. Juniper (Juniperus osteosperma)

4.4.1.1.3. Colorado Pinyon (Pinus edulis)

4.4.1.1.4. Desert Broom (Baccharis sarothoides)

4.4.1.1.5. Cresote (Larrea tridentata)

4.4.1.1.6. Mesquite ( Prosopis spp.)

4.4.1.1.7. Palo Verde (Ceredium spp.)

4.4.1.2. Coniferous Forest Wood

4.4.1.2.1. Ponderosa Pine (Pinus ponderosa)

4.4.2. Excluded Species

4.4.2.1. Upon environmental review the Department shall determine excluded species.

Excluded species shall be listed on the Task Assignment.

4.4.2.2. The following SHALL NOT be cut unless specifically requested by the Department:

4.4.2.2.1. Aspen (Populus tremuloides)

4.4.2.2.2. Southwestern White Pine (Pinus flexilis)

4.4.2.2.3. Douglas Fir (Pseudotsuga menziesil)

4.4.2.2.4. White Fir (Abies concolor)

4.4.2.2.5. Cottonwood (Populus fremontii)

4.4.2.2.6. Blue Spruce (Picea pungens)

4.4.2.2.7. Oak (Quercus spp.)

4.4.2.2.8. Desert Ironwood (Olneya tesota)

4.4.2.2.9. Joshua Tree (Yucca brevifolia, and all Yucca species)

4.4.2.2.10. All Cactus species (live and dead)

4.4.3. The Department shall be responsible for identifying on the Task Assignment, Exhibit 4, all excluded species in the project work site. Prior to removal or disturbance of any protective native plant, a removal and transport permit shall be obtained from the Arizona Department of Agriculture in accordance with the Arizona Native Plant Law A.R.S.

§ 3-901 through A.R.S. § 3-916.

4.5. Disposal of Vegetation Products/Slash

4.5.1. The Contractor shall be responsible, at no additional cost to the Department, for the legal removal and lawful disposal of all vegetation products and slash resulting from the services performed at the project sites by the Contractor or Department. Slash may include but not limited to logs, bark, limbs, branches, chips, trunks, leaves, defective logs, salvageable materials, firewood, and debris.

4.5.2. The Department, on the Task Assignment, shall determine the location of piled wood, if applicable. The piled wood shall not be placed within the 30' recovery zone unless otherwise specified. No guarantee can be made to the Contractor as to the lawful claim of salvageable material that is not removed from each location at the end of the workday. In some project areas, the Contractor may be required to secure permits to remove the wood from the work site. To aid in the removal of the logs and slash, the Department may allow the Contractor to cut or chip the slash at the work site for removal. All chips and debris must be removed from the work site and disposed of in a lawful and legal manner.

4.5.3. The Contractor shall not leave or pile cut wood along the side of the roadway or in the right-of-way for the motoring public to pick up. The Contractor will remove this wood from the location at the end of each workday; failure to do so may result in a cancellation of the Task Assignment. No guarantee can be made to the Contractor as to the lawful claim of salvageable material that is not removed from each location at the end of the workday. In some project areas, the Contractor may be required to secure permits to remove the wood from the work site. To aid in the removal of the logs and slash, the Department may allow the Contractor to cut or chip the slash at the work site for removal.

All chips and debris must be removed from the work site and disposed of in a lawful and legal manner.

4.5.4. The slash may be windrowed by the Contractor for use of chippers or piled for use of a grinder. The Department may require the Contractor to move slash up to a distance of one hundred (100) feet, if necessary, to protect residual trees, meet minimum size requirements for a pile, guardrail or cut-bank, and meet the contract requirements herein.

4.5.5. The Department may request the Contractor, to pile the slash so it may be burned by the Department at a later date. The piles, unless otherwise specified shall:

4.5.5.1. Be constructed with the limbs piled parallel to the road with the cut-end facing away from on-coming traffic

4.5.5.2. Be kept a minimum of thirty (30) feet away from on-coming traffic

4.5.5.3. Be less than four (4) feet high and less than fifteen (15) feet wide and constructed using natural or created openings when possible

4.5.5.4. Be compact and dirt free with most of the smaller slash on the bottom

4.5.5.5. Shall not be constructed in the roadway, drainage ditches, within the channel of any stream, on stumps, on downed logs, located under any portion of a live crown of a tree or under power lines

4.5.5.6. Shall not be constructed with ten (10) feet of any residual tree or any fence

4.5.5.7. Shall not be piled within a filter strip of intermittent stream courses or a deferred area and shall not be piled on or allowed to remain in water drainage ditches or culverts

4.5.6. The Department may, under special safety conditions, request the Contractor to spread or scatter the slash in the work site. Spreading/scattering, unless otherwise specified by the Department, shall:

4.5.6.1. Be constructed with the limbs piled parallel to the road with the cut-end facing away from on-coming traffic

4.5.6.2. Be kept a minimum of thirty (30) feet away from on-coming traffic

4.5.6.3. Shall not be constructed in the roadway, drainage ditches, within the channel of any stream, on stumps, on downed logs, located under any portion of a live crown of a tree, or under power lines.

4.5.6.4. Shall not be constructed within ten (10) feet of any residual tree or any fence

4.5.6.5. Shall not be piled within a filter strip of intermittent stream courses or a deferred area and shall not be piled on or allowed to remain in water drainage ditches or culverts

4.5.7. The Department may, under certain conditions, request the Contractor to dispose of slash by chipping and distribution at the work site. All chipping services shall be performed and distributed at the work site in accordance with the following specifications:

4.5.7.1. Chips must be distributed evenly to a depth not to exceed three (3) inches. The depth requirement shall also depend on landowner requirements and environmental needs. The Contractor shall, at no cost to the Department, immediately correct any unevenness in materials. The Department shall have final approval to the acceptability of the chip depth

4.5.7.2. To prevent nesting areas for beetles and other wildlife in the area, chips must be kept a distance of 2-3 feet away from the base of trees, or as specified by the Department for the project site.

4.5.7.3. Contractor shall prevent chips from being blown into vegetation and prevent the scarring of existing vegetation

4.5.7.4. Contractor shall clean out any chips blown into remaining trees, vegetation, landscape features, fences and highway safety features

4.5.7.5. Contractor shall exercise care to prevent displacement of any existing ground materials and erosion damage

4.5.7.6. The roadway shall be clear of debris at all times to protect the motoring public

4.5.7.7. The Contractor shall not blow (distribute) chips on to cut-banks or slopes, unless specified by the Department on the Task Assignment

4.5.7.8. The Contractor shall not distribute chips in a manner that may cause the work site to appear unsafe, aesthetically unsightly, provide an environment for future erosion damage, or provide breeding grounds for bark beetle or rodent wildlife.

4.6. Inspection, Acceptance and Rework

4.6.1. While work is being performed, the Department shall perform periodic inspections of the project work sites and conduct on-site meetings with the Contractor to ascertain the Contractor’s compliance with contract requirements and determine if corrective rework is required.

4.6.2. The Contractor shall contact the Project Manager for each region at least forty-eight (48) hours in advance of the date the Contractor would like the Department to perform an initial inspection of completed services at a work site.

4.6.2.1. North Central District Office – 928.774.1491

4.6.2.2. Central District Office – 602.712.6664

4.6.2.3. Northeast District Office – 928.524.5400

4.6.2.4. Northwest District Office – 928.777.5861

4.6.2.5. South Central District Office – 520.388-4200

4.6.2.6. South East District Office – 928.432.4902

4.6.2.7. South West District Office – 928.317.2100

4.6.3. The Department will schedule a mutually acceptable date and time to conduct an on-site meeting with the Contractor, perform the inspection, and make a determination if corrective rework is required. The Department will scan via email the written inspection report to the Contractor for invoicing or rework activities, refer to the Work Site Inspection Report, Exhibit 7.

4.6.4. The Contractor will send a facsimile, or scan via email, acknowledging, by signature and date, receipt of the Department’s inspection report and deadlines.

4.6.5. The Contractor, at no extra cost to the Department, shall correct any deficiencies listed on the Department Contract Inspection and schedule a final acceptance inspection of the work site. The Contractor shall notify the Department at least forty-eight (48) hours in advance of the date the Contractor would like the inspection to take place.

4.6.6. The Department will authorize payment for service performed at the project site upon satisfactory inspection and acceptance by the Department.

4.7. Staffing - General

4.7.1. The Contractor shall have adequate staff to perform all tasks required under this contract.

Staff shall be adequately trained, qualified and sufficient in number, to perform the services required by this contract and can be completed in an orderly and timely manner.

4.8. Staffing – Supervisor

4.8.1. The Contractor shall have supervisory personnel present during work operations for the purpose of observing work progress, inspection of completed work, meeting with Department personnel to perform random work site inspections and coordinate operational requirements.

4.8.2. The On-Site Supervisor shall possess a means of communication with the Department in advance of and while performing any work under this contract. This form of communication may be cellular telephone or mobile radio. The Contractor shall provide the Department with the names and telephone numbers of all on-site supervisory personnel who will oversee this contract as well as detailed listing of their crews and phone numbers.

4.8.3. The On-Site Supervisor shall be in the work area at all times while work operations are taking place.

4.8.4. The On-Site Supervisor shall have authority to make decisions concerning day-to-day operations and shall assist the Department in making on-site inspections and coordinating other operational requirements. The On-Site Supervisor shall be competent in all matters relating to the specific job tasks and shall possess a copy of this contract, any amendments, plans, and traffic control while at work on the job site.

4.8.5. The Contractor’s On-Site Supervisor and additional personnel as deemed necessary by the Project Manager or Department must be literate and fluent in the English language in order to be able to communicate with the Department. This is not meant to require that all Contractor personnel speak, read and write English. Some task may require only the On-Site Supervisor, crew leader or a crew member to speak, read and write English. Other activities that involve contact and interaction with the public will require that more workers speak English. This requirement is necessary due to the following reasons that include but are not limited to:

4.8.5.1. Warnings and emergencies and hazards

4.8.5.2. Response to public inquiries

4.8.5.3. Response to law enforcement authorities, ambulance and other emergencies

4.8.5.4. Preparation of reports

4.8.5.5. Communication with Department personnel

4.8.6. Due to the significance of the above listed reasons, the English requirement is being made with the intent that communications between the Contractor’s employees, Department personnel and the public will be understood.

4.9. Equipment Requirements

4.9.1. The Contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, in operational condition and the capacity to efficiently and safely perform the work and render the services required by this contract. This includes sufficient back-up equipment to provide uninterrupted service if equipment breakdown occurs.

4.9.2. The project sites may require, but are not limited to, the following equipment:

4.9.2.1. Chainsaws

4.9.2.2. Trucks and trailers for hauling vegetation

4.9.2.3. Dump Trucks

4.9.2.4. Traffic Control Vehicles and devices

4.9.2.5. Loaders

4.9.2.6. Self-feeding chipper

4.9.2.7. Rigging equipment

4.9.2.8. Pick-Up Trucks

4.9.3. Equipment utilized in the execution of this contract shall comply with applicable federal, state, tribal, local laws and statutes, ordinances, rules and regulations, acts, codes, orders and decrees of any administrative bodies, council or tribunals. This includes axle load limits.

4.9.4. The Contractor’s vehicles and mobile equipment shall be clearly marked with the company name and/or logo and identification number.

4.9.5. The equipment shall be inspected daily by the Contractor prior to the start of work to ensure that it is operable and meet the requirements of the specifications. The Department reserves the right to inspect equipment at any time and require replacement of any equipment, at no additional cost to the Department, which does not meet the minimum serviceability standards, safety standards or the appropriate intended use.

4.9.6. Vehicles used in this contract shall be equipped with 6015 rectangular and/or 550 round, rotating amber lights that are equal to code three (3) as specified in the MUTCD. Lights must be visible to the motoring public and shall not be blocked by material in truck beds and trailers. Any towed equipment or vehicles (i.e. chippers or any other large pieces of equipment) which may block the view of the towing vehicles beacon shall be equipped with its own amber rotating beacon or strobe light.

4.9.7. Leaking fluids from vehicles and equipment is a safety concern and will not be acceptable.

Work operations with faulty or leaky equipment will be halted until the vehicles/equipment is properly repaired.

4.9.8. To prevent the spread of noxious weeds, the Contractor is required, at the start of each project, to wash all equipment to be utilized at the project prior to arriving on site. The Department reserves the right to inspect all equipment and vehicles for mud and weeds and has the right to reject any equipment/vehicles until it has been cleaned.

4.9.9. Vehicle/equipment shall be equipped with mobile phone, a two-way radio or other device to facilitate communication and coordination with the Department and Contractor.

Communication devices shall be fully operational and available for immediate use during all work operations.

4.9.10. Each truck shall be equipped with brooms (standard and push), shovel, plastic, recovery bags, fire extinguisher, appropriate personal protective equipment (PPE), and first aid kit.

These shall be furnished and maintained at the Contractor’s expense.

4.10. Fire Precaution Equipment Requirements

4.10.1. All gasoline and diesel equipment (except turbocharged) used on the project shall be equipped with spark arresters approved in the USDA Forest Spark Arrester Guide https://www.fs.fed.us/t-d/programs/fire/spark_arrester_guides/. All internal combustion engines must be inspected before use on the job and periodically. Equipment not passing inspection cannot be used until repairs are made. Serviceable baffled mufflers with standard exhaust tailpipes are considered adequate on trucks, pickups, and sedans.

Equipment service areas and gas and oil storage areas shall be cleared of brush, litter, debris and grass. Each piece of motorized equipment shall be equipped with a round-pointed shovel and fire extinguisher as a minimum. These shall be furnished and maintained at the Contractor’s expense.

https://app.az.gov/ https://www.fs.fed.us/t-d/programs/fire/spark_arrester_guides/ https://www.fs.fed.us/t-d/programs/fire/spark_arrester_guides/

4.10.2. Each power saw shall be kept in a safe and serviceable condition at all times. Each power saw shall be equipped with an approved spark arrester/muffler system. The refueling of power saws shall be done on mineral soil. Power saws with warm or hot spark arresters/mufflers (running or not) shall not be placed on sawdust piles, litter, duff, stumps, or spots that easily ignited.

4.11. Executive Order Equipment Compliance

4.11.1. The Executive Order applies only to: Maricopa, Pinal and Pima Counties.

4.11.2. All equipment utilized for this contract shall comply with the Governor’s Executive Order 2007-3, Improving Air Quality, http://www.azdeq.gov/environ/air/download/Exec_Order_2007-03.pdf

4.11.3. Equipment shall be listed on Equipment List, Attachment X, and shall include the following:

4.11.3.1. Equipment Manufacturer and Model: Contractor/Subcontractor name.

4.11.3.2. Emission control device manufacture, model and EPA verification number and/or:

4.11.3.3. The type and source of clean fuel to be used

4.11.3.4. The estimated emission profile for the fleet using EPA’s Diesel Quantifier, http://cfpub.epa.gov/quantifier

4.11.4. The Contractor shall submit updates as needed or the above required information.

Certified copies of the clean fuel delivery shall be included for reporting period and shall identify which vehicle received fuel. The addition or deletion of non-road diesel equipment shall also be included in the monthly report.

4.12. Spill Prevention and Response

4.12.1. The Contractor shall comply with all requirements to prevent and reduce the impact of fuel, lubricant, and other regulated material releases to the environment.

4.12.2. In the event of a fuel or other regulated material release to the environment, the Contractor shall immediately report release or spill to the area’s Fire Department and the Project Manager.

4.12.3. To minimize environmental contamination during a project, the contractor shall provide secondary containment for stationary fuel containers and fuel transfer points. Appropriate spill response equipment shall be available on site, and ongoing preventative maintenance of vehicles and material storage facilities shall be instituted to prevent releases.

4.12.4. The Contractor shall be responsible for cleanup, restoration, and disposal of all wastes resulting from Contractor-generated spillage, refueling, and leakage. If the Contractor is unable, or unwilling, to affect such a cleanup, restoration and disposal, the State shall take appropriate actions and invoice the Contractor for such efforts.

4.12.5. All spill residue, contaminated oil, unused product, and empty containers generated by the contractor shall be disposed of by the Contractor in accordance with applicable local, state, and federal regulations and directives.

4.13. Traffic Control Requirements

https://app.az.gov/ http://cfpub.epa.gov/quantifier http://cfpub.epa.gov/quantifier

4.13.1. Prior to the start of work the Department will determine what traffic control will be necessary at a work site, and whether the contractor or ADOT will indicate on the Task Assignment.

4.13.2. All traffic shall be maintained through the work area and protected in accordance with the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) current edition as adopted by ADOT including errata and addenda, the ADOT Supplement to current edition of MUTCD and the ADOT Traffic Control Design Guidelines 2011 for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations, as revised, including future revisions.

4.13.3. The MUTCD may be accessed online at: Arizona Supplement to the 2009 Manual on Uniform Traffic Control Devices: http://www.azdot.gov/highways/traffic/Standards.asp Review 2009 MUTCD at http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm

4.13.4. These manuals address only minimum standards for traffic control. If any conditions exist that are judged by the Project Manager to require additional or special traffic control methods or signing, the Contractor shall supply such traffic control. All traffic control and traffic control devices shall be furnished by the Contractor and must be in place prior to the commencement of work.

4.13.5. The Contractor shall furnish, install and maintain all temporary traffic controls and shall be in place prior to the commencement of work. This may require the use of flag persons in addition to signing or other methods of warning.

4.13.6. The Contractor shall provide the Department with a traffic control plan for each location along with a detailed schedule showing the work activities and duration for approval.

Work shall not begin until traffic control has been established according to the approved plan. All traffic control plans must be approved by the Project Manager prior to any work commencing on the project.

4.13.7. Any changes to the accepted traffic control plan must be submitted forty-eight (48) hours in advance of scheduled work operations, weekends and holidays excluded.

4.14. Safety, Sanitary and Health Requirements

4.14.1. The Contractor shall submit a copy of a Safety Plan at the Post Award Meeting. The safety plan shall comply with the requirements of OSHA and the State Occupational Safety Standards. Refer to Safety Program Plan Requirements, and Safety Plan Outline, Exhibit 10.

4.14.2. All employees working on this contract will be required to wear OSHA approved hard hats, high visibility, OSHA approved safety vests, steel-toed footwear, shirts and full-length pants at all times while working within the right-of-way. The PPE may also include, but is not limited to: hearing protection (muff type or plugs); eye and face protection (safety glasses, goggles, face shields); gloves; safety belts, lifelines, lanyards and chainsaw chaps.

All PPE shall be in compliance with all OSHA and other federal, state, and local laws, statutes, rules and regulations, and the orders and decrees of any administrative bodies or tribunals.

4.14.3. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of the Contractor’s employees as may be necessary to https://app.az.gov/ http://www.azdot.gov/highways/traffic/Standards.asp http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm comply within the requirements and regulations of the Arizona Department of Health Services or other authorities having jurisdiction therein.

4.14.4. Attention is directed to Federal, State, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous or dangerous to their health or safety.

4.14.5. The Department shall be notified immediately of any incidents or conditions relative to public health or safety.

4.15. Suspension of Work

4.15.1. The Contractor shall suspend operations if weather or road and traffic conditions are such that work operations cannot be carried out in a safe and effective manner, or will pose an environmental hazard. If such suspension occurs, the Contractor shall immediately notify the Project Manager.

4.15.2. The Project Manager may suspend work operations at any time, when in their judgement, present or impending weather conditions are such that the work cannot be carried out in a safe and effective manner.

4.15.3. The Project Manager shall immediately suspend operations when work performance is observed in violation of safety rules, regulations or practices.

4.15.4. Violations of safety rules, regulations or practices may be considered grounds for termination of the contract.

4.16. Brand Name or Equivalent

4.16.1. There are currently a number of products that have been determined, through evaluation and/or testing, to be equivalent to the requirements of these specifications. The listing of these brands is not intended to limit or restrict competition. Rather, it is to set the standard quality, design, performance and characteristics of the products herein specified.

Any bid which proposes products that are of equal quality, type of material, design and performance will be considered if sufficient evidence and information is given to establish it as an equivalent, and the Department determines the product to be an equivalent to the named brand and these specifications.

4.16.2. The Department has approved the following herbicides/adjuvants to be utilized for this contract. Additional products may be approved upon request and evaluation by the Department.

HERBICIDES COMMON TRADE NAMES

Triclopyr 3 Garlon 3, Element 3

Triclopyr 4 Garlon 4, Element 4 Glyphosate Roundup, Rodeo

Imazapyr Arsenal, Polaris

Clopyralid Transline

Aminopyralid Milestone

Diglycolamine Vanquish

ADJUVANTS COMMON TRADE NAMES

Marker Dye Truf Trax Blue

Vegetable Oil, emulsified oil Amigo

Methylated Seed Oil surfactant MSO, Sunset

Drift Retardent Reign Water Conditioner Choice

Surfactant LI-700, Elite Devine

10% anti foam agent Fighter F, Knockdown

Basal Oil, Bark Oil Elite Premier, Loveland Bark Oil

5. Contractor’s Responsibilities

5.1. Contractor’s Requirements

5.1.1. The Contractor shall provide all necessary labor, tools, equipment, supplies, traffic control services and devices necessary to effectively perform the required services in accordance with the specifications described herein and as directed by the Department within the scope of the contract.

5.1.2. The Contractor shall comply with the Social Security Act, Workers Compensation Laws, and Unemployment laws of the State of Arizona as well as all State, Local, and Federal legislation, rules and regulations associated with maintenance and construction relevant to the Contractor’s business.

5.1.3. The Contractor shall be responsible for contacting Blue Stake, U.S. Forest Service, oversized vehicles, or other entities, for obtaining all necessary guidelines, clearances and permits prior to beginning any work.

5.1.4. The Contractor shall be responsible for maintaining the area, in and around the work site, in a clean condition during work activities, and shall exercise the utmost caution in the preservation and minimal impact on the environment within the work area.

6. Protection of Improvements

6.1. The Contractor shall carry on their operations in such a manner that damage is not inflicted to existing grounds, utilities, highway milepost markers, fences, signs, delineators or other structures. The Contractor shall repair or replace any highway property damaged by work operations at their own expenses and as directed by the Department. If the damage has to be repaired or replaced by the Department, the cost of such work shall be billed to the Contractor.

6.2. Damage to stop signs, yield signs, railroad crossing or other regulatory signs shall be reported to the Project Manager and the District Regional Signing and Stripping Supervisor immediately.

Immediate is considered to be within one (1) hour of occurrence. Damage to delineators shall be repaired within forty-eight (48) hours of occurrence.

7. Contractor’s…