CTR077316_Contract_Documentation_per_Amendment_One__1_.pdf

OFFER AND ACCEPTANCE

Solicitation No: BPM006772 Available online at https://app.az.gov

Rev 11/2024

OFFER

TO THE STATE OF ARIZONA:

The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents.

Tony’s Lawn Management, LLC

Offeror (Company) Name Signature of Person Authorized to Sign Offer

170 S California St

Anthony Burciaga Jr 04/26/2025

Address Printed Name Date

Chandler, AZ 85225

Owner

City State Zip Title tonyslawnmanagement@gmail.com

480-406-2182 Email Address Phone Number tonyslawnmanagement@gmail.com

N/A

Company Email Address Fax Number

By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not involve collusion or other anticompetitive practices.

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

The Contractor is now bound to perform based upon Contract Number _________________________________including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the state.

The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document.

State of Arizona

Effective this day of 20

Procurement Officer Awarded Date

Docusign Envelope ID: 03F536DB-E056-45C7-97CD-3A799C03681A

6/5/2025

20255th

CTR077316

June

Rev. 11/2024

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St., MD 100P

Phoenix, AZ 85007

INVITATION FOR BID

SOLICITATION NUMBER: BPM006772

DESCRIPTION: Landscaping and Tree Trimming Services for Central and Southern Arizona.

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.

Tom Kornell Senior Procurement Officer Phone: 602-712-8520 Email: Tkornell@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 contract 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) 712-7466. 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) 712-7466.

https://app.az.gov/

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 20

Uniform Terms and Conditions 28

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 45

2 - Title VI/Non-Discrimination Assurances Appendix E 46

3 - Location Map with Regions & Counties 47

4 - Scheduled Landscaping Building Directory 48

5 - Facilities Maintenance Task Order 50

6 - ADOT Usage Report 52

SCOPE OF WORK

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 general landscaping and tree trimming services for the central, south central, southwestern, southeastern regions (See Exhibit 03, Location Map with Regions & Counties. (Regions 2, 4, 6 and 7) and all of the counties located within.

1.2. The Department is seeking the services of a qualified Contractor(s) to provide landscaping and tree trimming services for multiple locations throughout all of its counties located in the state’s central and southern regions.

2. Introduction and Background

2.1. The Department intends to establish a term contract(s) for general landscaping services and tree trimming services for Department facilities and Department managed properties located throughout Arizona’s multiple Regions. (See Exhibit 03, Location Map with Regions & Counties.

Regions 2, 4, 6 and 7)

2.2. The Department intends to include in this contract the option for as needed services, tree work on trees of all sizes up to and over Eight (8) feet. This shall include but not be limited to tree pruning, trimming, skinning, thinning, and other tree work (hereby referred to as tree trimming) for Department Facilities and properties.

3. General Requirements

3.1. The Contractor may bid on any and or all general landscaping services and tree trimming services.

3.2. The Scope of Work includes two types of services required by the Department for Landscaping, All regions identified:

1. Scheduled Landscaping Services (Possibly on a weekly or monthly service schedule. Refer to section 3.4.3.)

2. On-Call Landscaping Services (This is for an as needed basis)

3.3. Notifications of work/projects-The Department may elect to utilize the following methods to initiate specific work as needed, see Specific Requirements, section 4.1. – 4.3.:

1. Task Order Request Notification

2. Phone/Electronic Notification

3.4. The Contractor shall provide general landscape maintenance services to the Department which may include but not be limited to the following. The Department may add or remove services and materials to suit the needs of the Department.

3.4.1. Pruning Trees and Shrubs

3.4.2. Planting Trees and Shrubs

3.4.3. Tree services for trees over eight (8) Feet

3.4.4. Hardscaping

3.4.5. Xeriscaping

3.4.6. Raking

3.4.7. Rock Raking

3.4.8. Provide materials, (i.e. gravel, boulders, river rock, chemicals, etc.)

3.4.9. Soil Erosion and Sediment control services and materials

3.4.10. Artificial turf

3.4.11. General labor to assist with irrigation maintenance/repair/installation/parts

3.4.12. Equipment Operation

3.4.13. Mowing

3.4.14. Ditch and Berm

3.4.15. Bollards and Chain Installation

3.4.16. Other landscaping labor duties may include tree trunk removal, weed control, chipping, and general landscape cleanup as deemed necessary by the Department.

3.5. Work Locations

3.5.1. The Scheduled service areas include all landscaped/non landscaped areas for Department facilities and properties. A list of the locations can be found in exhibit 04, Scheduled Landscaping Building Directory.

3.5.2. The Department reserves the right to add or remove locations to suit the needs of the Department.

3.5.3. The Department’s Facilities unit intends to have services scheduled at the following locations, which are also highlighted in yellow in exhibit 04, Scheduled Landscaping Building Directory. Locations 001, 002, 004, 005 and 006, serviced every Monday or as listed on the Task Order Request. Locations 011, 012, 16, 017 and 018 highlighted in blue in exhibit 04, service every other weekend. Location 040 and 014 highlighted in green in exhibit 04 services once a month. The remaining locations listed in exhibit 04 will be set on an as needed basis; the Department estimates the services for the remaining Facilities locations will be one to two times annually. The Department reserves the right to modify cadence as necessary.

3.5.4. The Department’s Right of Way unit manages several residential and commercial properties located within the Right of Way throughout Arizona’s central and Southern regions/counties. Exhibit 03, Location Map with Regions & Counties. Due to City Nuisance Codes, the Department is required to clean up overgrown vegetation along the Right of Way area on an as needed basis. The Department does not want to be in violation of these city codes and has a need for vegetation cleanup. The Right of Way unit intends to meet the long term growing requirements of these properties with the use of any resulting contract on an as needed basis.

3.5.5. In order to assure coverage for all regions and counties, the Department may award multiple contracts to qualified contractors.

3.6. Work Schedule

3.6.1. All work shall be performed during daylight hours. The Contractor's work hours must correspond with the Department's. (Department's work hours may vary to accommodate seasonal changes and highway traffic conditions). Work shall be performed Monday through Friday. No work shall be performed on weekends or State Holidays without prior written approval of the Department.

3.6.2. The Contractor shall adhere to the approved work schedule as specified in the completed task assignment or quote. If the Contractor falls behind schedule at any time, additional workers and resources shall be assigned at no additional cost to the Department until the work is back on schedule.

3.6.3. The Contractor shall have dedicated supervisors who will oversee the work to be performed. The Contractor is responsible to provide the Department with a phone number for each supervisor assigned to perform work.

3.6.4. Contractors will be paid from the time they arrive, to the time they leave the work site.

Travel costs to and from worksite shall be at no cost to the Department within the same county as the contractor resides. The contractor may include a travel fee for any county outside of the Contractors County. Any travel fees shall be a flat rate charge per county and indicated on pricing form attachment.

4. Specific Requirements

4.1. Notifications of work/projects-The Department may elect to utilize the following methods to initiate specific work as needed:

4.1.1. Task Order Request Notification

4.1.2. Phone/Electronic Notification

4.2. Task Order Request Notification:

4.2.1. The Department’s Facilities Maintenance unit shall notify the Contractor by phone or electronically, when service is needed and will issue a Maintenance Task Order, Refer to Exhibit 05, Facilities Maintenance Task Order Form, advising the Contractor of the location and all pertinent information necessary to provide a quote.

4.2.2. Facilities shall submit a Task Order for each request to the Contractor. The Task Order, Refer to Exhibit 05, Facilities Maintenance Task Order Form shall be returned by the Contractor, filled out completely with the total hours to complete the request, listed. The Contractor shall estimate any additional cost associated with the project on the Task Order Form.

4.3. Phone/Electronic Notification:

4.3.1. The Department’s Right of Way unit shall notify the Contractor by phone or email when service is needed, advising the Contractor of the location and all pertinent information necessary to provide a quote.

4.3.2. The Department’s Right of Way unit’s request for a quote shall be returned by the Contractor, with a complete cost itemization, with the total hours to complete the request, listed. The Contractor shall estimate any additional cost associated with the project with the quote when it is provided.

4.4. Response Time

4.4.1. The Contractor shall provide a method whereby they can be readily contacted. The Contractor must return Department calls within twenty‐four (24) hours, of receiving the Department’s request.

4.4.2. The Contractor shall have five (5) calendar days to respond to any requests and provide the Department with a quote reflecting the number of hours to complete the requested work, equipment and paint required, and cost to perform the service.

4.4.3. The Contractor shall have dedicated supervisors who will oversee the work to be performed under each Task Order Request. The Contractor is responsible to provide the Department with a phone number for each supervisor assigned to perform work for each Task Order Request.

4.4.4. Services shall not be performed until a quote and completion date has been approved by the Department. Any deviation from the amount reflected on the Contractor’s response to the task order shall be approved by the Department prior to commencement of work.

4.4.5. Repetitive failure to meet the approved completion date may result in contractual measures.

4.4.6. The Department shall not be responsible for services that are completed by the Contractor without prior authorization.

4.4.7. All services provided shall be in accordance with the Department and Arizona Department of Environmental Quality (ADEQ) and applicable Arizona native plant laws, environmental rules and regulations. Failure to comply shall result in immediate termination of this contract.

4.4.8. All work completed by the Contractor shall be subject to inspection and approval by the

4.5. Site Visit

4.5.1. The Contractor is required to visit the work site for each project prior to responding to the

Task Order. If access to a locked facility is desired, the Contractor must coordinate a time and date with the Project Manager or their designated representative.

4.5.2. The Contractor shall carefully examine the job site, contract documents and all available information concerning existing soil conditions, landscaping grade, and local site conditions bearing on labor, transportation, handling and storage of all equipment and materials, etc. and to satisfy themselves as to the man-hours and conditions that may be encountered when performing the work.

4.5.3. Claims for labor, work, materials, and equipment required for any difficulties encountered which could have been foreseen at the site visit will not be accepted by the Department.

All such difficulties shall be properly resolved by the Contractor. The Department will not assume any responsibility for any interpretation, deduction, or conclusion drawn by the Contractor from the work site examination.

4.6. Vehicles and Equipment

4.6.1. At a minimum, the Contractor shall provide one (1) vehicle, per crew, to transport the

Contractor’s staff. When directed by the Department on a task order, one (1) trailer is required for hauling debris.

4.6.2. 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 perform the work and render the services required by this contract.

4.6.3. The Contractor’s vehicles shall be clearly marked with company name and/or logo and an identification number. All vehicles must be maintained in good repair, appearance and sanitary condition at all times. Truck beds and trailer beds shall be tight and have enclosed sideboards and covered tops to completely contain all debris and materials being transported.

4.6.4. All manufacturer’s vehicle mounted safety equipment, such as spare tires, vehicle jacks, and wheel chocks shall be present in the vehicle at all times. Equipment, machinery, component or system failures which affect the safe operation of any equipment shall be corrected prior to using the equipment and at the cost of the Contractor.

4.6.5. Vehicles used in this contract shall be equipped with 6105 rectangular and/or 550 round, rotating amber lights that are equal to code three (3) as specified in the Manual on Uniform Traffic Control Devices (MUTCD). Lights must be visible to the oncoming traffic at all times and not be blocked by material in truck beds or trailers.

4.6.6. Contractor vehicles shall not be driven on the granite rock mulch areas without prior approval from the Project Manager or their Representative.

4.6.7. Operating personnel shall be trained to operate the required equipment needed to perform the task request. The Department reserves the right to validate licenses to ensure compliance with the contract.

4.6.8. The Contractor shall perform a daily safety check on all vehicles and equipment prior to the start of work each day. The Department reserves the right to inspect the Contractor’s vehicles at any time to ascertain their condition. If the Department determines a need for a full inspection of the Contractor’s vehicles, for safety reasons, the following shall apply:

4.6.8.1. The Department shall be the final authority regarding the date, time and place of inspection;

4.6.8.2. The Department shall utilize the inspector of their choice

4.6.8.3. All costs regarding the safety inspection shall be the responsibility of the

Contractor;

4.6.8.4. The Contractor shall immediately replace any vehicle that is pending inspection or deemed unfit for duty, to prevent a lapse of service.

4.6.9. Equipment machinery, component or system failures which affect the safe operation of any equipment shall be corrected prior to using the equipment and at the cost of the Contractor. The Contractor shall immediately replace any vehicle that is out of service, at no cost to the Department.

4.6.10. The Contractor shall not utilize any vehicle(s) and, or, equipment determined unfit as a result of inspection, until receiving written approval from the Department.

4.6.11. Any changes regarding the vehicles being utilized for this contract shall require prior written approval from the Department.

4.6.12. Contractor’s equipment shall comply with all applicable federal, state and local laws, statutes, ordinance, rules and regulations, and the acts, codes, orders and decrees of any administrative bodies, councils or tribunals.

4.6.13. Prior to the start of work at the job site, the Contractor’s work crew shall have all necessary hand and power tools, and any safety equipment for the operation of the power tools to complete the day’s work. If the Contractor’s work crew does not have all the necessary hand and power tools, they will be sent back to the yard at no cost to the

4.6.14. The Contractor shall provide and maintain equipment sufficient in type, number, condition and capacity to efficiently perform the work and render the services required by this Contract during the entire term of this Contract. The Contractor’s mobile equipment shall be clearly marked with company name and/or logo and an identification number.

4.7. Equipment Rental Reimbursement:

4.7.1. The Contractor shall provide estimated equipment rental costs at the time of quote submittal. Equipment rental costs shall be calculated as per day. Depending rental cost fluctuations in the market, the contractor’s may issue up to a (10%) increase at the time of invoice. Equipment rental receipts will be required with all invoicing submittals.

4.8. Storage of Materials and Equipment

4.8.1. Unless directed by Department personnel, no materials, building, debris, supplies or equipment shall be placed, parked or stored on any nearby parcel of land or State property between work shifts.

4.9. Executive Order Equipment Compliance

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

4.9.2. All equipment utilized for this contract shall comply with the Governor's Executive Order

2007-3, Improving Air Quality.

4.9.3. All applicable reports and questions pertaining to compliance with the Governor's Executive

Order 2007-3, https://legacy.azdeq.gov/environ/air/download/Exec_Order_2007-03.pdf , shall be submitted to:

Arizona Department of Transportation

Procurement Office 1655 W. Jackson Street Phoenix, AZ 85007

4.10. Hazardous Material

4.10.1. In the event that Hazardous Materials are found at the work site, all work shall stop immediately; Contractor shall remove all workers from the area in which Hazardous Materials are suspected. Under no circumstances shall the Contractor attempt to remove the hazardous materials, the Contractor shall immediately notify the Project Manager or their Representative, who in turn will make the determination as to what type of disposal is required to comply with all State, Federal, Local and OSHA regulations.

Disposal of any and all hazardous waste from the site shall be handled by a third party contractor who is licensed, bonded and certified to remove and dispose of the hazardous waste accordingly.

After all hazardous materials have been removed and disposed of properly, the Project Manager or their Representative will notify the Contractor that it is safe to return to the site and commence working.

4.11. Suspension of Work

4.11.1. The Program Manager or his representative shall immediately suspend the Contractor's operations when work being performed is in violation of safety rules, regulations or practices.

4.11.2. The Contractor shall suspend operations if weather 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 Program Manager of their designated representative. The Program Manager or their representative may suspend work operations at any time, when in their judgment, present or impending weather conditions are such that work operations cannot be carried out in a safe, effective manner.

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

4.12. Safety, Sanitary and Healthy Conditions

4.12.1. All Contractor personnel shall wear white hard hats of an OSHA approved type and high visibility safety vests (Type III), long pants, and safety steel toe shoes while working within the contract area limits.

4.12.2. 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 comply with the requirements and regulations of the Arizona State Department of Health Services or other authorities having jurisdiction therein.

4.12.3. 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.

4.13. Contactor Employees

4.13.1. All persons engaged in performance of work under this contract shall be direct bona fide employees of the Contractor or authorized subcontractors. Direct bona fide employee is defined as: An actual employee of the Contractor that is not a leased or subcontracted employee.

4.13.2. All Contractors’ employees shall take all necessary operational and safety precautions during the performance of services to prevent accidents from occurring. The Contractor shall ensure all of its employees are properly licensed to operate Contractor’s equipment and are properly trained in their use.

4.13.3. All Contractors’ employees shall be in compliance with all OSHA and other State, Federal and Local regulatory agency requirements.

4.13.4. The Contractor shall provide mentally alert, physically fit, adequately trained and qualified employees to ensure contracted services progress in a safe, orderly and timely manner.

4.13.5. 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.

4.13.6. No visitors, spouses or children of the Contractor’s employees will be allowed in the work locations during working hours unless they are bona fide employees of the Contractor.

4.13.7. Employees and other individuals are prohibited from having firearms or weapons in their possession while on duty or performing services under any resultant contract.

4.13.8. The Contractor and Contractor’s employees are strictly prohibited from operating or advertising any commercial enterprise or activity on any premises that are the subject of this contract, except as may be provided under other contracts to which the Department is a signatory ARS §28-7053.

4.13.9. The Contractor shall utilize only experienced, responsible and capable people in the performance of the work. The Department may require that the Contractor remove from the job, covered by this contract, employees who endanger person(s) or property or whose continued employment under this contract is inconsistent with the interest of the

4.14. Work Details- General Landscape Maintenance Services: The following requirements detail the work included but not limited to in the resulting contract:

4.14.1. Plant Maintenance

4.14.1.1. The Contractor shall perform all horticultural techniques necessary to promote and maintain healthy growth of trees and plants. This shall include staking, tying, removing or loosening ties, and removing stakes as needed. Special devices used to tie up plants to retaining walls shall be maintained.

4.14.1.2. The Contractor shall add, maintain and adjust, if present, wire net devices around plants and trees as necessary to protect plant material from pests.

4.14.1.3. Chipping of trees and vegetation will be chipped by personnel trained by the Department only. When a numerous amount of trees and shrubs need pruning, a chipper may be required. Prior to work commencing, the Department and the Contractor will agree to who is providing the chipper. An attenuator truck and traffic control will be provided by the Department per the Manual on Uniform Traffic Control Devices. MUTCD.

4.14.2. Tree Pruning, Thinning, and Palm Tree Trimming, Skinning (Including Trees Over Eight (8) Feet).

4.14.2.1. All tree work shall be completed by qualified personnel. The On-Site Supervisor shall have at minimum; the credentials defined as a Certified Landscape Professional per the Arizona Landscape Contractors Association (ALCA), or approved equivalent qualifications and experience with properly pruning, thinning trees and trimming palm trees.

4.14.2.2. All tree work shall include the cost for all labor, required hand tools, small power equipment, and required landscape maintenance equipment such as dump truck, trailer, bucket truck, attenuator, stump grinder, and chipper.

4.14.2.3. For trees over eight (8) feet, the Contractor may employ a subcontractor who has the necessary equipment and expertise to properly prune, trim and/or thin trees in accordance with the in the Scope of Work. The Contractor shall be responsible for any and all subcontractor work.

4.14.2.4. The Contractor’s method of tree care operations shall conform to the American National Standards Institute (ANSI) Z133.1 - 2006, or newest version, and all applicable OSHA regulations. The Contractor shall submit, to the Department, the method(s) that will be used to complete the work with each Task Order.

(website: http://www.ansi.org/)

4.14.2.5. The Contractor shall provide trimming, pruning and tree work in an acceptable manner with regard to the natural shape of the tree, growth stimulations and space limitations.

4.14.2.6. The Contractor shall prevent or correct any tree or plant nutrition deficiency, insect infestation and/or disease according to species, seasonal requirements and local conditions.

4.14.2.7. Trees shall be pruned to:

4.14.2.7.1. Discourage transient camps from forming; Facilitate visual inspection of the irrigation system and as necessary to remove dead, diseased, or injured wood;

4.14.2.7.2. Control or direct growth covering roadway signs or causing a sight distance problem to the public;

4.14.2.7.3. Remove crossed limbs;

4.14.2.7.4. Eliminate growth encroaching on roadway;

http://www.ansi.org/

4.14.2.7.5. Raise the canopy in accordance with instructions from the

4.14.2.7.6. Prune to promote strong structural growth of a mature tree.

4.14.2.8. Acceptable industry standards for pruning include:

4.14.2.8.1. Crown Cleaning

4.14.2.8.2. Crown Thinning

4.14.2.8.3. Crown Raising

4.14.2.8.4. Vista Pruning

4.14.2.8.5. Crown Reduction

4.14.2.9. Unacceptable Practices include:

4.14.2.9.1. Topping

4.14.2.9.2. Lion Tailing

4.14.2.9.3. Pollarding

4.14.3. Shrubs/Bushes/Cacti Pruning

4.14.3.1. Shrubs shall be pruned so it will discourage transient camps from forming and as necessary to facilitate visual inspection of the irrigation system; remove dead, diseased, or injured wood; control or direct growth; eliminate growth encroaching on roadway; and raise the canopy in accordance with instructions from the Department. Shrubs shall be pruned by species as directed by the Department Representative and not for aesthetic purposes.

4.14.3.2. Maintain all bushes, shrubs, cacti and ground cover to an appropriate height to avoid hazards to people, property and visibility obstructions to vehicular traffic.

4.14.3.3. Remove and dispose of dead, dying, diseased and broken portions of plants.

4.14.4. Plant Removal/Replanting

4.14.4.1. The Contractor shall remove and dispose of plants, shrubs, and trees which are severely distressed or which die as a result of storm damage, age, pests, or disease All plants being removed shall be inspected by the Project Manager or their Representative before removal from the job site.

4.14.4.2. The Contractor shall replace any plant, shrub or tree which dies or is severely damaged as a result of neglect, inadequate care, inadequate maintenance, inappropriate pruning, or application of chemicals, including runoff and drift onto adjacent properties. Replacement plants shall be the nearest size nursery stock available to the plant being replaced. Labor and equipment to install the plants, shrubs and trees (except palm trees), shall be the Contractor’s responsibility. Planting methods will be in accordance with standard horticultural practices and are subject to approval by the Project Manager or their Representative. Removal shall include stump removal or grinding to one foot below grade and treatment for surface restoration. This service is covered as part of the required maintenance schedule, and not as a separate service fee.

4.14.4.3. The soil area of the chemically affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the replacement plants.

4.14.4.4. The Contractor shall provide the replacement or new plants if requested by the Department as per the Task Order request.

4.14.4.5. The Contractor’s disposal fees for tree trimming and plant removal will be paid for by the Department as a pass-through cost. A clear weight ticket shall be submitted to the Department with the invoice that includes date and time stamps for the Contractor to be reimbursed. If disposal fees are anticipated, the Department shall indicate this on the Task Assignment and the Contractor shall provide an estimated quote for the fees on the quote submitted.

4.14.4.6. The Contractor shall utilize a landfill that is reasonably close to the work location. The Department will not pay for laborer fees while transiting to and from the Landfill or for unloading at the Landfill site.

4.15. Xeriscaping

4.15.1. Xeriscaping, utilizing minimal plants and materials that require little to no water. The Department has needs for a low-maintenance, sustainable option to reduce water usage and regular maintenance.

4.16. Erosion and Sediment Control

4.16.1. Implementation of effective erosion control solutions, techniques and methods to prevent or reduce soil erosion to protect structural integrity of Department property and Right of Way areas.

4.17. Hardscaping

4.17.1. Hardscaping to include but not limited to, walkways, block walls and utilization of pavement stones or used in conjunction with Xeriscaping, and other landscaping.

4.18. Artificial Turf

4.18.1. Maintenance; should include but not limited to the use of a blower, broom or rake to remove organic debris, pull weeds when spotted and from along edges. Apply pre-emergent weed control regularly. Fill turf with infill as required, and rinse regularly.

4.18.2. Installation; should include but not limited to clearing and preparing the area by removing existing grass, weeds, rocks and debris. Prepare and lay base. Measure, cut and align turf grains in the same direction. Secure turf and edging and adding fill.

4.19. Weed Control / Tech Sprayer

4.19.1. Implement a weed control program to eliminate all weeds and undesirable growth in all areas within the property boundaries and right of way access at the approval of the Department.

4.19.2. Manually remove weeds that develop beyond three (3) inches in height.

4.19.3. Non-Rock Areas: Maintain free of weeds and grass the total area from fencing, edge of granite areas, or curbing, etc., and extending to limits of service requirements of this contract. A three (3)-foot radius shall be maintained free of weeds and grass around the base of signs, delineators, utility poles, fence lines and other fixtures.

4.19.4. All perennial/noxious weeds within non-granite areas will be treated with an approved systemic herbicide before reaching three (3) inches in height. All weeds and grasses in expansion joints of paved slopes and sidewalks shall also be treated with an approved herbicide before reaching three (3) inches in height.

4.19.5. Should weeds develop beyond three (3) inches in height prior to or after treatment, the

Contractor shall be responsible for applying an appropriate herbicide approved by the Department. Dead weeds and grasses shall be manually removed and restoration of the disturbed area shall be returned to its original condition. Residue shall be collected and removed from the job site by the end of each work shift.

4.19.6. Rock Areas: The total area shall be pre-emerged annually, once during the winter rainy season. Applications shall be watered into the soil with a minimum of one-half (1/2) inch of water, by natural or Department-approved mechanical means, within 21 days of application.

4.19.7. All disturbed granite and earth shall be restored to original condition when manual weeding is completed and, if necessary at the direction of the Department, an additional pre-emerge application will be required.

4.19.8. All pre-emergent and post-emergent herbicides shall have a tracer dye added in order to clearly indicate which areas have been treated.

4.19.9. The Contractor shall employ a certified technician for the purpose of chemical application.

The Department shall verify the certification.

4.20. Irrigation and Sprinkler System

4.20.1. At the discretion of the Department; inspect, monitor and maintain all irrigation equipment to ensure all component features are operating as designed at each scheduled visit.

4.20.2. Keep emitters properly positioned for even water distribution.

4.20.3. Respond to repair calls within one (1) business day of receiving a request for service from the

Department or agreed upon by both parties in writing.

4.20.4. Repair equipment within two (2) business days unless otherwise directed by the Department and agreed upon by both parties in writing.

4.20.5. Should any irrigation system be subject to water freezing due to climate conditions, the

Contractor must first coordinate with the designated agencies authorized personnel and develop a plan which may include but not limited to; draining all irrigation lines and turning off any automatic irrigation clock and battery-operated irrigation timer. Any irrigation repair necessitated by the negligence of the Contractor to drain an irrigation system shall be repaired at no additional cost to the Department.

4.21. Landscaping Grounds/Lawn/Parking Lot

4.21.1. All trash, litter/debris which includes but is not limited to: paper, stones, bricks, blocks, boards, sticks, brush, cans, rubber, metal, fruit, dead animals, etc., pet waste, leaf buildup, pine needles, and landscape debris, including fallen tree limbs/branches, shall be removed from the property. This requirement includes but not limited to the entire property grounds, parking lots/garages, driveways, planters, walkways, etc. Particular attention should be given to prevent accumulation of cigarette butts. Do not dispose of refuse in any container located on the Department’s property. Disposal shall be at a legal sanitary landfill, and all fees associated with any state, county, city or local landfill and transfer station shall be at Contractors cost.

4.21.2. Blowing or raking of leaves, clippings, litter or debris onto the pavement shall not be permitted.

4.21.3. Sidewalks shall be maintained free of dirt, sand, gravel, leaves, pine needles, rocks, gum, food, drink stains, etc.

4.21.4. Maintain soil and decorative rock along walkways within one-half inch (1/2”) of the sidewalk level so that drop-offs do not occur.

4.21.5. Landscaped areas shall be hand raked at each service visit, to maintain a neat, manicured look. River rock shall be maintained to provide proper water channels. Care shall be taken to ensure drip controls are not damaged while raking. If a drip system end is caught and removed by raking, the Contractor shall immediately replace such drip system end to prevent water leakage.

4.21.6. Trim, cut, rake, monitor water irrigation spray and flow, etc., to maintain clear access to doorways, walkways, sidewalks, parking areas, etc.

4.21.7. Edge all areas to maintain a defined border between grass, paths, walkways and sidewalks.

4.21.8. Aerate as necessary for optimal health and appearance. Contractor shall identify to the Department when de-thatching and over-seeding is needed.

4.21.9. Prevent or correct any tree, plant, or lawn nutrition deficiency, insect infestation and/or disease according to species, seasonal requirements and local conditions.

4.21.10. Trees and plants shall be fertilized according to species, seasonal requirements and local conditions. Contractor shall provide a quarterly written schedule to the Department indicating the date(s) fertilizers will be applied and the type of fertilizer to be utilized.

4.13.11. Mulch and/or decorative rock shall be uniform in color and appearance, and free of leaves, sticks, or trash.

4.13.12. Excess accumulation of sand, dirt and soil shall be removed from all planters, plant beds, sidewalks and parking lot curbs (vehicle or driveway).

4.21.11. A landscaping berm may be needed as a raised barrier to separate a Right of Way area in a vertical way, including partway up a long slope. It may serve as a fortification line, a border/separation barrier for navigation, good drainage, or other purposes.

4.21.12. Bollard and Chain System installation may be needed to enhance safety in a Right of Way area.

5. Contractor’s Responsibilities

5.1. The Contractor shall be responsible for proper removal and legal disposal of all cuttings from the worksite. The contractor shall be responsible for all landfill fees.

5.2. The Contractor shall respond to emergency calls within three (3) hours of request unless otherwise stated by the Department.

5.3. The Contractor shall furnish all necessary labor, tools, equipment and supplies to perform the required services.

5.4. The Contractor(s) shall be responsible for using, and properly maintaining, all safety equipment necessary to complete the work.

5.5. The Contractor shall provide the Department with the names and telephone numbers of all supervisory personnel who will oversee this contract. These supervisory personnel shall assist the Department's appointed representative in making random on-site facility inspections and in coordinating other operational requirements.

5.6. The on-site supervisor shall possess a means of communications with the Department in advance of and while performing any work under this contract. The form of communication may be a cellular phone.

5.7. 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. The onsite supervisor shall be in the work area at all times when work operations are taking place.

5.8. The on-site supervisor shall have authority to make decisions concerning day-to-day operations and shall assist the Department's appointed representative in making on-site inspections and in coordinating other operational requirements. The on-site supervisor shall be competent in all matters relating to the specific job tasks. The on-site supervisor shall also possess a copy of this contract, any amendments of the contract and accepted traffic control plans when performing work under any resultant contract.

5.9. The Contractor’s job supervisor and additional personnel as deemed necessary by the Site Coordinator or his designated representative, shall communicate in English. This is not meant to require that all Contractor personnel speak, read and write English. This requirement is necessary due to the following reasons that include, but are not limited to:

1.9.1. Warnings of emergencies and hazards.

1.9.2. Preparation of reports.

1.9.3. Communication with Department personnel and tenants.

5.10. Due to the significance of the above listed reasons, the English requirement is being made with the intent that communications between the Contractor representatives and Department Contract Representative and between the Contractor representatives and the public will be understood.

5.11. Dust Mitigation may need to be applied at various sites on short notice to meet Maricopa Count Air Quality requirements. This work is in addition to typical dust palliative on lot. It may be as simple as applying water to a dirt site to crust the soil to prevent fugitive dust from migrating into the air or applying granite, rock, etc. in an area to keep dust down due to any activity on The Department’s work site.

5.12. In order to control dust, the Contractor shall apply a dust palliative (such as water), to the ground and to the debris in amounts sufficient to effectively control dust. The Department’s representative is authorized to stop all work at the job site if sufficient amounts of water are not being utilized.

6. Department’s Responsibilities

6.1. The Department will furnish water and electricity for maintenance of the landscaping.

6.2. The Department will inspect all plants before removal of the job site and before replacement are backfilled. Unless otherwise stated by the Department, the Department will furnish replacement plants, shrubs, and trees.

6.3. The Department will provide the Contractor with a Point of Contact(s) (POC).

6.4. The Department will be responsible for all damage caused by acts of nature. If the damage is so severe that extended closure of the roadway is necessary, the Contractor’s duties and compensation may be suspended for the closure period.

6.5. The Department will be responsible for the repair of erosion in the landscape areas due to storm damage, traffic accidents, and vandalism. Repairs to landscaping feature(s) or other State Highway property within the contracted areas damaged due to traffic accidents or vandalism will also be a Department responsibility.

6.6. Perform periodic inspections to ensure compliance with contract requirements. It is anticipated that these inspections will be performed on a daily basis.

6.7. Inspect all subsurface repairs prior to backfilling.

6.8. The Department reserves the right to add or delete locations as deemed necessary.

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

The term of any resultant contract shall commence on the effective day of award and shall continue for a period of twelve months (12) thereafter, unless terminated, cancelled or extended as otherwise provided herein.

2. CONTRACT EXTENSION

By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of forty-eight (48) months.

3. ELIGIBLE AGENCIES

This contract shall be for the exclusive use of the Arizona Department of Transportation.

4. NON-EXCLUSIVE CONTRACT

This contract shall be for the sole convenience of the Department. The Department reserves the right to obtain like goods or services from another source when necessary. The Off-Contract Purchase Authorization and subsequent procurement shall be consistent with the Arizona Procurement Code.

5. ORDERING PROCESS

The Department shall issue a purchase order to the Contractor. Each purchase order must cite the contract number. This purchase order shall be the only document required for the Department to order and the Contractor to deliver the material and/or service.

Any attempts to represent any material and/or service not specifically awarded as being under contract is a breach of the contract and a violation of the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of but not limited to contract cancellation, suspension and/or debarment of the Contractor.

6. SHIPPING TERMS

7. DELIVERY

8. INSPECTION AND ACCEPTANCE

9. INVOICING and PAYMENT Separate invoices are required for each shipment of product or delivery of service and shall include at a minimum:

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information

Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department

Contract Line Item Number

Line Item Description or Item or Service

Quantity Purchased

Line Item Unit of Measure

Price per Unit and Total per Unit

Catalog or Other Discount (if applicable)

Net Unit Price and Total per Unit (if applicable)

Applicable taxes

Applicable Shipping/Freight Charges

Total Invoice Amount Due

Invoices not sent to the proper address, or not containing the necessary and required information may delay payment. A Contractor whose payments are delayed due to improper invoicing shall make no claim against the Department or the State for late or finance charges.

The Department will make every effort to process payment for the purchase of product within thirty (30) calendar days after the Department has conducted the necessary reviews, inspections and acceptance as described herein.

The department acceptance date will be the valid date for starting the thirty (30) calendar day payment period.

Payment due dates, including discount periods, will be computed from the date of acceptance or date of correct invoice (whichever is later) to the date the Department’s warrant is mailed.

10. ESTIMATED USAGE

The Department anticipates considerable usage under this contract. The Department reserves the right to increase or decrease actual quantities ordered as circumstances may require. No guarantees are made concerning actual purchases under this contract.

11. PRICE REDUCTION

A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice through a written contract amendment.

12. PRICE INCREASE

The Department will review fully documented requests for price increases for any contract which will or has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to the contract renewal date. The Contractor shall provide fully documented information which supports the price increase request. Fully documented means that the request shall present detailed information and calculations that make it clear how the claimed increase has an impact on the contract unit prices.

All assumptions regarding cost factors that have an impact on the requested increase shall also be clearly identified and justified. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. Any price increase adjustment request prior to the time of contract extension will be a factor in the extension review process. The Department will determine whether the requested price increase or an alternate option, is in the best interest of the State.

13. SAFETY STANDARDS

Items supplied under this contract shall comply with all current applicable safety standards and regulations including the Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the National Fire Protection Association Standards.

14. WARRANTY

The Contractor warrants:

1. That all services performed hereunder shall conform to the requirements of this contract and shall be performed by qualified personnel in accordance with the highest professional standards.

2. That all items furnished hereunder shall conform to the requirements of this contract and shall be free from defects in design materials and workmanship. Any defects of design, workmanship or materials shall be fully corrected by the Contractor (including parts and labor) without cost to the Department.

3. The warranty period on workmanship and materials shall be based on a minimum of twelve (12) months from the time of acceptance by the Department.

15. CURRENT PRODUCTS

16. PRODUCT DISCONTINUANCE

17. CONTRACT ADMINISTRATION

The Contractor shall contact the assigned Procurement Officer for guidance or direction in matters of contract interpretation or questions regarding the terms, conditions or scope of the contract.

18. NOTICES

All notices, requests, demands, consents, approvals, and other communications which may or are required to be served or given hereunder (for the purposes of this provisions collectively called “Notices”), shall be in writing and shall be sent by certified United States mail, return receipt requested, or by any other method that provides evidence of receipt, addressed to the party or parties to receive such notice as follows:

a. If intended for the State, to:

Arizona Department of Transportation, Procurement Group 1739 W. Jackson Street, MD 100P

Phoenix, Arizona 85007-3276

b. If intended for the Contractor, to the address as identified in the Contractor’s electronic vendor profile.

Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so mailed shall be deemed to have been given as of the date such notice is received as shown on the return receipt.