SCOPE_OF_WORK.pdf

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SCOPE OF WORK

2027 Roadside, Sidewalk, and Basin Herbicide Application

During the term of this Service Agreement, Contractor shall provide roadside, sidewalk, stormwater basin, and related spot herbicide application services within ACHD-owned or ACHD-maintained public rights-of-way and stormwater facilities. Contractor shall furnish all labor, supervision, herbicides, adjuvants, drift-control agents, equipment, traffic control, licenses, records, and incident response necessary to complete the work described herein unless specifically stated otherwise in the Agreement.

A. General Work Specifications

1. Pre-Construction. After the Agreement is awarded and before work begins, Contractor shall meet with ACHD representatives to review the Agreement term, work areas, application schedules, safety requirements, traffic control, regulatory requirements, reporting, and work performance standards. The meeting shall occur at least ten (10) calendar days prior to any work commencing.

2. Work Included. Work includes initial and follow-up herbicide applications for roadsides, sidewalks, basins, access roads, unopened public rights-of-way designated by ACHD, and other scattered site locations that may be authorized by ACHD through Change Order or written work directive.

3. Contractor Responsibility. Contractor shall provide sufficient qualified personnel, equipment, supplies, herbicides, adjuvants, drift-control agents, and traffic control to perform the work in accordance with the Agreement at no additional cost unless the work is specifically authorized as additional work.

4. Site Conditions. Contractor shall adjust equipment, spray width, nozzles, and application method to actual field conditions, provided the adjustment remains consistent with herbicide labels, safety requirements, and ACHD direction. Contractor shall notify ACHD promptly of conditions that prevent completion of any scheduled treatment area.

5. The Contractor shall be solely and completely responsible for safety conditions at the job site, including safety of all persons (including employees) and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours.

Safety provisions shall conform to U.S. Department of Labor (OSHA), the State Occupational Safety and Health Act, and all other applicable federal, state, county and local laws, ordinances, codes, those requirements set forth below and any regulations that may be detailed in other parts of these Contract Documents. When any of these requirements are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to be thoroughly familiarized with all safety requirements shall not relieve compliance with the obligations and penalties set forth herein.

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Definitions Stormwater Basins: Consist of detention basins, retention basins, and constructed wetlands used to provide stormwater volume control and stormwater quality treatment.

Stormwater basins are composed of side slopes, embankments, basin bottoms, access roads, maintenance pads, and other features owned or maintained by ACHD.

Storm Drain Inlets: Structures, openings, or drainage features designed to collect stormwater runoff from streets, sidewalks, curbs, gutters, parking areas, public rights-of-way, or other surface areas and convey that runoff into a storm drain system, pipe, culvert, ditch, basin, or other drainage facility. Storm drain inlets include, but are not limited to, catch basins, curb inlets, grate inlets, drop inlets, ditch inlets, manhole-style drainage inlets, and similar structures, including the inlet frame, grate, curb opening, throat, sump, apron, and immediately adjacent flowline area.

Unopened Public Right-of-Way (ROW): A public right-of-way that has been dedicated, platted, acquired, reserved, or otherwise established for public use, but has not been constructed, improved, opened, or accepted for regular public travel. Unopened public ROW may include unimproved road corridors, future roadway alignments, paper streets, utility or drainage corridors, or other public right-of-way areas that remain undeveloped or not actively used as a roadway.

Access Roads: Consist of gravel, paved, or unimproved roads or maintenance routes used to access ACHD basins or stormwater facilities.

Basin Side Slopes: Interior or exterior sloped vegetated areas of basins located above the basin bottom and outside standing or flowing water; may include an access ramp to basin bottom.

Basin Upland: Area above the Basin Side Slopes that surround the basin, is typically flat, and is located within the Basin perimeter.

Basin Perimeter: Area around the basin including the fence line, if present.

Basin Bottom: A basin floor that may or may not contain standing water, flowing water, saturated soil conditions, and wetland vegetation.

No-Spray Area: Any area designated by ACHD or product labeling as excluded from treatment, including standing or flowing water, wetlands, saturated soils, aquatic habitat, sensitive vegetation, private property, and any area where application would be inconsistent with law, permit requirements, or product labeling.

Riprap / Rip Rap: Rock, stone, cobble, or similar hard armoring material placed on slopes, channels, basin edges, culvert ends, outlets, inlets, ditches, swales, or other drainage features to reduce erosion, stabilize soil, dissipate stormwater flow, and protect drainage infrastructure. Riprap may be loose, grouted, embedded, or otherwise placed as part of a stormwater, roadside, or basin drainage system.

Drainage Conveyances: Natural or constructed features designed or used to collect, carry, direct, route, or discharge stormwater runoff from one location to another. Drainage conveyances include, but are not limited to, ditches, swales, channels, culverts, pipes, gutters, flumes, spillways, outlet structures, inlet/outlet channels, roadside drainage features, basin inflow and outflow paths, and other stormwater flow paths owned, operated, or maintained by ACHD.

Weed Escape: Target weeds that remain uncontrolled following treatment or that re-establish in a treated area within the applicable control period, as determined by ACHD.

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B. Roadside Herbicide Application

1. Initial roadside pre-emergent herbicide application shall begin no earlier than January 1, 2027, and shall conclude no later than March 15, 2027.

2. During the initial roadside application period, approximately one thousand five hundred twenty-two (1,522) lane miles are to be sprayed.

3. The target spray width shall be ten (10) feet unless field conditions observed by Contractor prevent a ten-foot width. Contractor shall document locations where the full width cannot be achieved and shall notify ACHD when reduced width is necessary.

4. Following contract award, ACHD will provide large-format wall maps showing all ACHD roadways upon the Contractor’s request. These maps are intended to assist the Contractor in tracking roads inspected and areas treated. Contractor shall comply with all ACHD No-Spray designations and written instructions.

5. Contractor shall spray as close to fixed objects as practicable using boomless or other appropriate spray heads that allow treatment underneath or as close as possible to mailboxes, signposts, utility poles, guardrails, delineators, and similar fixed objects, while preventing off-target movement and property damage.

6. Additional roadside herbicide applications for noxious and nuisance weed control shall occur from March 16, 2027, through December 31, 2027, as directed by ACHD.

C. Sidewalk Herbicide Application

1. Initial sidewalk herbicide application shall begin no earlier than May 10, 2027, and shall conclude no later than June 7, 2027.

2. During the initial sidewalk application period, approximately two hundred seventy-seven

(277) lane miles of sidewalks are to be sprayed. See attached list and map of locations.

3. Spray width shall depend on field conditions encountered by Contractor and shall be limited to the area necessary to control vegetation in sidewalk cracks, joints, crevices, seams, curb lines, and other vegetation-prone features attached to designated sidewalk locations.

4. Sidewalk applications shall include crevices, cracks, joints, curbs, and seams at designated sidewalk locations. Contractor shall use ACHD-provided application lists and maps.

5. Care should be taken to avoid spraying in and/or around storm drain inlets.

6. Contractor shall spray as close to fixed objects as practicable using equipment appropriate for sidewalks and adjacent public rights-of-way, while preventing off-target movement and property damage.

7. A second sidewalk application for noxious and nuisance weed control shall occur from June 7, 2027, through December 31, 2027, as directed by ACHD.

8. Unopened public rights-of-way shall be treated only when designated in writing by

ACHD.

D. Basin Herbicide Application

This section governs herbicide application at ACHD stormwater basins, including basin perimeter, upland areas, side slopes when treatment is required based on pre-application inspection, and access roads. The intent is to control noxious and nuisance vegetation while preserving desirable turf and ornamental grasses, maintaining access roads, protecting water quality, and avoiding unlawful discharges or off-target impacts. Do not apply herbicide to basin bottoms.

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D.1 Schedule and Quantity

1. Initial basin herbicide application shall begin no earlier than April 15, 2027, and shall conclude no later than May 15, 2027.

2. The basin application includes approximately forty-eight (48) locations and approximately one million thirty-four thousand nine hundred eighteen (1,034,918) square feet of treatment area.

3. Additional basin herbicide application for noxious and nuisance weed control shall occur from May 15, 2027, through December 31, 2027, as directed by ACHD.

4. Basin location lists, treatment-area maps, and any revised treatment quantity table are attached to the procurement documents (Section O) or will be provided by ACHD.

D.2 Treatment Zones

Treatment Zone Requirement

Basin Perimeter and Upland

Apply selective broadleaf/noxious weed control to basin perimeter areas, including fencelines if present, and upland areas when treatment is required. Preserve established turf, ornamental grasses, and other desirable grasses to the greatest extent practicable. Do not use bare-ground herbicides unless specifically authorized in writing by ACHD.

Basin Side Slopes

Inspect side slopes before treatment. Apply selective broadleaf/noxious weed control only where target broadleaf or noxious weeds are present and treatment is required. Use spot, directed, shielded, or other targeted application methods where practicable to minimize herbicide loading to soils that contribute to stormwater quality treatment. Preserve desirable grasses and do not use bare-ground herbicides on side slopes unless specifically authorized in writing by ACHD.

Access Roads and Maintenance Pads

Apply ACHD-approved bare-ground vegetation control to maintain safe access for inspection and maintenance. Prevent overspray onto side slopes, turf, ornamental plantings, private property, waters, inlets, outlets, riprap, or drainage features.

Basin Bottoms No application is permitted.

Standing Water / Wetlands / Saturated Areas

No application is permitted directly to standing water, flowing water, wetlands, aquatic habitat, saturated soils, or areas where the product label or applicable permit prohibits application.

Inlets, Outlets, Riprap, and Drainage Conveyances

No application is permitted. Establish appropriate buffers and use directed application methods to prevent drift, runoff, or deposition into drainage features.

D.3 Basin Pre-Application Inspection

1. Verify the site is on the ACHD-approved basin list and confirm the proposed treatment zone before application. Confirm that basin bottoms are excluded from treatment.

2. Inspect basin perimeter, upland, side slope, access road, and maintenance pad areas before treatment. For side slopes, identify where target broadleaf or noxious weeds are present and document where treatment is required.

3. Identify and honor all ACHD No-Spray designations and any additional label-required buffers or restrictions.

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4. Document any location where water, wetland conditions, access restrictions, weather, adjacent property concerns, or label restrictions prevent treatment.

5. Notify ACHD before treating any condition that is not clearly covered by the approved treatment zones in this Scope of Work, and before performing any side slope treatment that cannot be completed using selective, targeted, label-compliant methods.

D.4 Basin Application Requirements

1. Selective broadleaf/noxious weed-control herbicide shall be applied to basin perimeter, including fencelines if present, and upland areas as required. Where a fence is present, herbicide application along the fenceline shall be limited to the inside/basin side of the fence only, unless ACHD specifically authorizes treatment on both sides in writing.

Contractor shall apply herbicide at the base of the fence and extend treatment no more than shown on the attached maps from the fenceline on the inside/basin side.

Contractor shall not spray through, over, or beyond the fence and shall use directed or spot-spray methods necessary to avoid drift, overspray, runoff, or damage to vegetation, landscaping, crops, private property, or other non-target features on the opposite side of the fence. Basin side slopes shall be inspected and treated only where target broadleaf or noxious weeds require control. Treatment on side slopes shall be limited to the minimum area necessary to address the target vegetation while protecting stormwater quality functions and preserving desirable grasses.

2. No herbicide application shall occur to basin bottoms.

3. All access roads shall be treated with an ACHD-approved bare-ground herbicide application. Contractor shall submit proposed bare-ground product labels, Safety Data Sheets, and rates to ACHD for approval before use if the product is not specifically listed in this Scope of Work.

4. Contractor shall use nozzles, pressure, vehicle speed, droplet size, drift-control agents, spot-spray methods, shields, hand application methods, or other targeted application methods necessary to minimize drift, runoff, overspray, soil loading, and damage to desirable vegetation.

5. Contractor shall not apply herbicide during precipitation, when precipitation is imminent and likely to cause runoff, during temperature inversions, when wind or other weather conditions may cause drift, or when label restrictions prohibit application.

6. Where standing water or flowing water is present, Contractor shall establish a No-Spray buffer sufficient to prevent direct application, drift, runoff, or deposition to the water.

The buffer shall be no less than any product-label requirement and no less than the distance necessary to prevent off-target movement.

7. Contractor shall immediately stop work and notify ACHD if application could result in a discharge to waters of the United States, wetlands, or other regulated aquatic resources, or if permit coverage may be required.

D.5 Basin Performance Standards

Item Performance Standard

Access Roads Maintain access roads substantially free of vegetation throughout the contract period. No woody, noxious, or vegetation-obstructed access conditions shall remain after treatment acceptance.

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Item Performance Standard

Basin Upland, Perimeter, and Inspected Side Slopes

Provide effective control of target broadleaf and noxious weeds while preserving established desirable grasses. Side slope treatment shall be limited to inspected areas where treatment is required, and Contractor shall avoid visible injury to ornamental or turf grasses except for temporary label-anticipated effects.

No-Spray Compliance No evidence of direct application, drift, runoff, or deposition into standing water, flowing water, wetlands, saturated soils, or other No-Spray areas.

Weed Escapes Weed escapes shall be evaluated with ACHD based on application records, site conditions, weather, label restrictions, and observed results. Contractor shall re-treat required areas in accordance with this Scope of Work and product labels.

Complaints Contractor shall coordinate with ACHD on public complaints, inspect or provide records as requested, and complete corrective treatment within the applicable response time when treatment is label-compliant and weather conditions allow.

E. Equipment, Application, and Operational Standards

1. The boomless chemical application spray head shall be capable of spraying from the right side of the vehicle and delivering prescribed chemicals or chemical combinations at the prescribed rates and widths appropriate to field conditions.

2. Equipment used for production spraying shall be calibrated, maintained, leak-free, and capable of accurate delivery of the specified herbicide mixture. Calibration records shall be made available to ACHD upon request.

3. Contractor equipment for production spraying shall meet or exceed applicable safety requirements and shall be operated only by qualified personnel.

4. Chemicals shall be applied at a width appropriate to conditions encountered on the ground. Along pavement edges, application may overlap the pavement edge approximately two (2) to six (6) inches where safe, label-compliant, and necessary to control vegetation.

5. Application ground speed shall not exceed twelve (12) miles per hour during production spraying.

6. Operating pressure shall not exceed forty (40) pounds per square inch (PSI) at the nozzle, unless a more restrictive product label, nozzle manufacturer requirement, or ACHD instruction applies.

7. Carrier volume shall be no less than twenty-five (25) gallons per acre for herbicide applications unless the applicable product label requires a higher rate or ACHD approves an alternate label-compliant rate in writing.

8. Contractor shall use coarse spray, drift-reduction technology, low boom height, shielded or directed spray, hand application, or other appropriate methods when necessary to reduce drift and off-target impacts.

9. Contractor shall prevent herbicide contact with people, animals, vehicles, private property, mailboxes, signs, fences, landscaping, crops, gardens, ornamental plantings, waterways, irrigation water, and other non-target features.

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F. Chemical Specifications and Application Rates

Contractor shall use only the herbicide chemicals listed below, or ACHD-approved equals, at rates authorized by ACHD and allowed by the current EPA-approved product label. All products must be registered for use in Idaho at the time of application. In the event of any conflict between this Scope of Work and a product label, the product label shall govern, and Contractor shall notify ACHD before proceeding.

Application Area / Timing Product Specified Rate

Roadside Application – Initial Esplanade 200 SC 7 ounces per acre

Roadside Application – Initial Method 18 ounces per acre

Roadside Application – Initial Glyphosate 12 ounces per acre

Roadside Application – Initial Efficax 12 ounces per acre

Roadside Application – Follow-up / Breakout / Post-emergent Diuron 8 pounds per acre

Roadside Application – Follow-up / Breakout / Post-emergent Telar XP 1.5 ounces per acre

Roadside Application – Follow-up / Breakout / Post-emergent Glyphosate 12 ounces per acre

Roadside Application – Follow-up / Breakout / Post-emergent Expel 12 ounces per acre

Roadside Application – Follow-up / Breakout / Post-emergent Efficax 8 ounces per acre

Sidewalk Application – Initial Surmise Speed Pro 37 ounces per acre

Sidewalk Application – Follow-up Surmise Speed Pro 37 ounces per acre

Basin Upland, Perimeter, and Slopes – Initial Transline 1 pint per acre

Basin Upland, Perimeter, and Slopes – Follow-up Transline 1 pint per acre

Basin Access Roads ACHD-approved bare-ground herbicide mix

Label-compliant rate approved by ACHD

1. Contractor shall observe all manufacturer label precautions, restrictions, rates, personal protective equipment requirements, environmental hazards, re-entry restrictions, use-site restrictions, and application directions for every product applied.

2. Contractor shall maintain current labels and Safety Data Sheets for all products at the application site during work. Copies shall be provided to ACHD within ten (10) calendar days of Agreement execution and again whenever products or labels change.

3. Contractor shall not exceed maximum annual application rates, seasonal rates, rate-per-application limits, or other product-label restrictions.

4. Contractor shall comply with all tank-mix restrictions. Where labels differ, Contractor shall follow the most restrictive label direction.

5. ACHD reserves the right to sample herbicide mixes and concentrates for mixing accuracy and strength at any time during the Agreement.

6. Contractor is solely responsible for lawful storage, transport, handling, mixing, spill response, rinsate management, disposal of unused herbicides, and disposal or recycling of herbicide containers.

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G. Applicator Qualifications, Experience, and Insurance

1. Contractor and all employees applying pesticides under this Agreement shall hold valid Idaho Department of Agriculture licenses and certifications applicable to the work being performed. Required categories shall include, at minimum, Applicator Core Competency (CO), Right-of-Way Herbicide (RW), Aquatic Weed and Pest Control (AP) if any aquatic or standing/running water application is proposed or required, and any additional or successor category required by current Idaho law or ISDA rule for the product, method, or site of application, including Agricultural Crop Pest Control (AC) when applicable.

2. Contractor shall provide copies of all applicable licenses to ACHD with bid submission.

Contractor shall provide updated license information immediately upon renewal, expiration, suspension, revocation, staffing change, or ACHD request.

3. Contractor performing work under this Agreement shall have no less than three (3) full years of experience performing similar herbicide application scopes of work in Ada County. Contractor personnel assigned to ACHD work shall be trained, qualified, and experienced for the assigned duties.

4. Contractor shall be authorized to conduct business in the State of Idaho and shall maintain offices, staff, equipment, and response capacity sufficient to meet all schedules and response times required by this Agreement.

5. Contractor shall furnish and maintain during the term of this Agreement a current certificate of pesticide and chemical liability insurance for damage by spill, chemical drift, or other off-target damage in an amount not less than $1,000,000 per occurrence, unless higher limits are required elsewhere in the Agreement.

6. Contractor shall furnish and maintain Comprehensive General Liability Insurance with minimum limits of $100,000 per claim and $500,000 aggregate, Motor Vehicle Insurance with minimum limits of $100,000 per claim and $500,000 aggregate, Workers' Compensation Insurance, and all other insurance required by the laws of the State of Idaho or the Agreement.

7. Within ten (10) calendar days of Agreement execution and before commencement of work, Contractor shall provide insurance declarations and endorsements to ACHD for review and acceptance.

8. Contractor shall protect, defend, indemnify, and hold harmless ACHD and its representatives from claims, damages, penalties, violations, fines, cleanup costs, environmental impacts, off-target damage, or liability arising from Contractor’s acts, omissions, or failure to comply with law, permits, labels, this Scope of Work, or the Agreement.

H. Application Plan As part of its bid submission, the Contractor shall provide a detailed Application Plan describing the methodology, staffing, equipment, scheduling approach, and resources that will be used to successfully perform the work required under this contract within the specified performance timeframes.

At a minimum, the Application Plan shall include:

The proposed approach for completing the required herbicide applications within the contract schedule.

The number and type of spray crews, personnel, and equipment that will be dedicated to the contract.

The proposed sequencing and scheduling of work throughout the application season.

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The Contractor's approach to quality control, including measures to minimize missed areas, weed escapes, and the need for corrective applications.

The Contractor's process for monitoring application progress and responding to changing field conditions, weather, and ACHD requests.

The Contractor's communication plan, including progress updates, completed work, and issues to be communicated to ACHD.

The Application Plan will be evaluated as part of the bid evaluation process and will be used to assess the Contractor's understanding of the Scope of Work, technical approach, available resources, and demonstrated ability to complete the work safely, efficiently, and within the required contract timeframes. Failure to provide an adequate Application Plan may adversely affect the Contractor's evaluation score or result in the bid being determined non-responsive if the required information is omitted.

I. Regulatory Compliance and Environmental Protection

Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, permits, orders, decrees, product labels, and ACHD requirements. Compliance obligations include, without limitation, the following:

1. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), including the requirement that pesticides be used only in a manner consistent with EPA-approved labeling.

2. Idaho Code Title 22, Chapter 34, and IDAPA 02.03.03, Rules Governing Pesticide and Chemigation Use and Application.

3. Idaho Department of Agriculture pesticide licensing, certification, product registration, recordkeeping, use, storage, transportation, handling, and disposal requirements.

4. Clean Water Act and Idaho Pollutant Discharge Elimination System / National Pollutant Discharge Elimination System requirements applicable to pesticide discharges to waters of the United States, including any applicable Pesticide General Permit or successor permit.

5. Endangered Species Act pesticide-use limitations, including applicable EPA label language and EPA Bulletins Live! when required by the product label or law.

6. All ACHD No-Spray designations, property-specific restrictions, and written instructions.

Water and Wetland Protection. ACHD intends the work under this Agreement to be performed in a manner that avoids direct application to waters of the United States, standing water, flowing water, wetlands, and saturated basin bottoms. Contractor shall not apply herbicides to or in a manner that results in discharge to such areas unless ACHD specifically authorizes the work in writing and all applicable permits, product-label requirements, and regulatory conditions have been satisfied before application.

Permit Concern Stop-Work Requirement. If Contractor believes a Pesticide General Permit, IPDES/NPDES authorization, individual permit, or any other regulatory approval may be required for a proposed application, Contractor shall stop work for the affected area, notify ACHD, and shall not proceed unless and until ACHD provides specific written instruction.

No Waiver. ACHD approval of products, rates, schedules, maps, or treatment areas does not relieve Contractor from complying with labels, laws, permits, and regulatory requirements.

J. Documentation, Daily Herbicide Logs, and Submittals

Contractor shall record all required application information on a Daily Herbicide Log meeting Idaho Department of Agriculture requirements and ACHD requirements.

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Contractor shall use the ACHD-provided Daily Herbicide Log Template/Example included in the attachments (Attachment O-4) or an ACHD-approved equivalent format. Logs shall be completed daily and submitted monthly with Contractor's invoice to Josh Franz, Roadside Vegetation Crew Chief, or ACHD's designated representative. Logs shall be compiled in an Excel-compatible spreadsheet or other electronic format approved by ACHD. All electronic files, maps, GPS data, and media submitted under this Agreement shall become property of ACHD.

Record Category Required Information

Property / Location ACHD route, basin number, address, milepost, GPS coordinates, map ID, or other ACHD-approved location identifier.

Applicator Information Applicator full name, license number, applicable category, and supervising applicator information if applicable.

Application Details Date, start and stop time, target pest/weed, treatment zone, mileage or square footage treated, equipment used, nozzle type, pressure, carrier volume, ground speed, and whether product quantity is actual or estimated as applicable.

Product Information

Trade name, active ingredient if requested, EPA registration number, rate, total product used, dilution, tank mix, adjuvants, lot/batch information if requested by ACHD, and for basin work, product quantity by basin when basin-specific data are available. If a tank mix is used across multiple basins and basin-specific quantity cannot be directly measured, Contractor shall provide an estimated product quantity by basin based on treated area and application rate and identify the entry as estimated.

Weather Approximate wind speed, wind direction, temperature, precipitation, relevant site conditions, and weather-related delays or restrictions.

Environmental / No-Spray Notes

Standing water, saturated soils, wetlands, No-Spray areas, buffers, skipped locations, drift concerns, spills, off-target movement, public interactions, and other notable field conditions.

Quality Assurance Calibration records, photos, GPS treatment tracks, complaint response records, retreatment records, and ACHD inspection notes when requested.

Required Submittals

1. Licenses and certifications for Contractor and applicators: due within ten (10) calendar days of Agreement execution and before work begins.

2. Current product labels and Safety Data Sheets for all herbicides, adjuvants, and drift-control agents: due within ten (10) calendar days of Agreement execution and before product use.

3. Insurance certificates and endorsements: due within ten (10) calendar days of Agreement execution and before work begins.

4. Equipment calibration documentation: due upon ACHD request and before production spraying if requested.

5. Traffic control plan or mobile operation plan: due before work in public rights-of-way and as otherwise required by ACHD.

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6. Daily Herbicide Logs and electronic spreadsheet using the ACHD-provided template or ACHD-approved equivalent: due monthly with invoice unless ACHD requests more frequent submission.

K. Spot Spraying, Weed Escapes, and Additional Locations

1. Other scattered site locations may require spot herbicide spraying during the term of the Agreement. Such locations shall be added to the Agreement by Change Order or other written authorization in accordance with the Agreement.

2. Payment for authorized spot herbicide application shall be by the hour unless otherwise stated in the Agreement and shall include all labor, equipment, herbicides, adjuvants, drift-control agents, travel, documentation, and, if needed, traffic control. Payment for added work will be paid as a separate item.

3. Contractor shall acknowledge weed escape, complaint, and spot-spray requests within twenty-four (24) hours of notification by ACHD.

4. Contractor shall treat authorized spot-spray and weed-breakout locations within forty-eight (48) hours of notification by ACHD, provided label restrictions, weather, traffic control, safety, and site conditions allow treatment. If treatment cannot occur within forty-eight (48) hours, Contractor shall document the reason and provide the earliest label-compliant treatment time. The Contractor shall be responsible for all costs associated with required post-treatment applications and the treatment of weed escapes. No additional costs associated with these treatments shall be incurred by

ACHD.

5. Urgent safety or access-related weed issues may require response within twenty-four

(24) hours when directed by ACHD and when treatment can be performed lawfully and safely.

6. Weed escapes will be handled on a case-by-case basis with ACHD and may include review of application logs, weather, product labels, treatment timing, specific site issues, and field inspection results.

L. Traffic Control and Safety

1. Contractor shall maintain traffic access through work areas in accordance with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), ACHD requirements, and all approved traffic control plans. Work shall not begin until the minimum applicable MUTCD and ACHD traffic control requirements are met.

2. All Contractor vehicles and machinery operating on public rights-of-way shall be equipped with at least one roof-mounted, high-intensity rotating or strobe-type amber flasher readily visible from the front and rear for at least one-half (1/2) mile under normal conditions.

3. Contractor shall provide all signs, cones, arrow boards, shadow vehicles, attenuators, flaggers, personal protective equipment, and other traffic control or safety measures necessary for the work unless expressly stated otherwise in the Agreement.

4. Contractor shall ensure that herbicide applications on main roads are not scheduled during peak morning commuting hours from 7:00 a.m. to 9:00 a.m. or peak evening commuting hours from 4:30 p.m. to 6:30 p.m., unless specifically authorized by ACHD.

5. Contractor shall schedule herbicide applications to avoid holidays, special events, school traffic peaks, construction conflicts, or other conditions that may create traffic or public safety impacts unless ACHD authorizes the work.

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6. Contractor shall protect workers and the public from exposure to spray operations, equipment, chemicals, and traffic hazards. Contractor shall stop work when unsafe conditions exist.

M. Work Time Frames and Liquidated Damages

Work Item Earliest Start

Completion / End Date

Scope Notes Liquidated Damages

Roadside Initial Pre- Emergent

January 1, 2027 March 15, 2027 Approx. 1,522 lane miles; target 10-foot width where conditions allow.

$500 per calendar day for work not completed by deadline.

Roadside Follow-up / Spot / Breakout

March 16, 2027 December 31, Noxious/nuisance weed control and ACHD-directed spot applications.

As provided in Agreement.

Basin Initial April 15, 2027 May 15, 2027

Approx. 53 locations; treatment area excludes basin bottoms and is limited to perimeter, upland, inspected side slopes requiring treatment, access roads, and maintenance pads shown in the approved maps or bid quantity table.

$500 per calendar day for work not completed by deadline.

Basin Follow-up May 15, 2027 December 31, Noxious/nuisance weed control as directed by ACHD.

As provided in the Agreement.

Sidewalk Initial May 10, 2027 June 7, 2027 Approx. 255 lane miles; cracks, joints, crevices, curbs, and seams.

$500 per calendar day for work not completed by deadline.

Sidewalk Follow-up / Spot / Breakout

June 7, 2027 December 31, Noxious/nuisance weed control and ACHD-directed spot applications.

As provided in the Agreement.

Liquidated damages are not a penalty and are intended to compensate ACHD for administrative burden, operational impacts, service disruption, and public impacts caused by failure to complete time-sensitive application work within the required timeframe.

Liquidated damages do not limit ACHD’s other remedies under the Agreement.

N. Quality Assurance, Acceptance, and ACHD Rights

1. ACHD may inspect work at any time before, during, or after application.

2. ACHD may require Contractor to provide treatment records, product labels, SDS, calibration records, maps, GPS data, photographs, and other documentation necessary to verify performance and compliance.

3. ACHD may sample herbicide mixes and concentrates for mixing accuracy and strength.

4. ACHD may require Contractor to re-treat areas where application was missed, inadequate, inconsistent with this Scope of Work, or unsuccessful due to Contractor error, subject to product-label restrictions and site/weather conditions.

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5. Contractor shall repair, restore, or compensate for off-target damage caused by Contractor’s operations, including damage to desirable vegetation, private property, ACHD assets, water resources, or public improvements.

6. Failure by ACHD to identify a deficiency during application does not waive ACHD’s right to require correction, re-treatment, documentation, or other remedies allowed under the Agreement.

O. Attachments and Incorporated Documents

The following documents are incorporated into this Scope of Work when included in the procurement package or issued by ACHD after award:

1. Roadside application maps and route lists.

2. Sidewalk application location list.

3. Basin location list and treatment area maps.

4. Daily Herbicide Log Template/Example (Attachment O-4).

5. ACHD No-Spray designations and sensitive area instructions.

6. Approved traffic control plans and mobile operation requirements.

7. Approved product labels, Safety Data Sheets, and written ACHD product approvals.

8. Change Orders and written work directives for added locations or spot spraying.

Attachment O-4: Daily Herbicide Log Template/Example

Contractor shall use this template or an ACHD-approved equivalent. The template is intended to establish the minimum fields ACHD expects to receive in an Excel-compatible format. Additional fields may be added by ACHD or Contractor as needed.

Field / Column Required Entry or Notes

Log Date Date the application occurred.

Contractor / Crew Contractor name, crew identifier, and supervisor or lead applicator.

Applicator Name and License Full name, license number, certification category, and supervising applicator if applicable.

Location Identifier Route, basin number, address, milepost, GPS coordinate, map ID, or other ACHD-approved identifier.

Application Area Roadside, sidewalk, basin perimeter, basin upland, basin side slope, access road, maintenance pad, spot-spray location, or other approved area.

Treatment Zone / No-Spray Notes Approved treatment zone; note basin bottoms, water, wetlands, inlets, outlets, riprap, saturated soils, and other skipped or buffered areas.

Start / Stop Time Start and stop time for the application or work period.

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Field / Column Required Entry or Notes

Target Pest / Weed Target broadleaf, noxious, nuisance, or bare-ground vegetation control need.

Products Applied Trade name, EPA registration number, active ingredient if requested, and product purpose.

Application Rate Rate per acre, per square foot, or other label-compliant unit.

Product Quantity Used Total product used. For basin work, provide quantity by basin when available; when not directly measurable, provide estimated quantity by basin based on treated area and application rate and identify it as estimated.

Tank Mix / Adjuvants Tank mix identification, dilution, carrier volume, adjuvants, drift-control agents, surfactants, and lot/batch information if requested.

Area Treated Lane miles, acres, square feet, or other ACHD-approved quantity; identify whether quantity is actual, GPS-derived, map-derived, or estimated.

Equipment / Calibration Equipment used, nozzle type, pressure, carrier volume, ground speed, calibration record reference, and any relevant adjustments.

Weather and Site Conditions Wind speed/direction, temperature, precipitation, soil/saturation conditions, runoff concerns, and weather-related restrictions or delays.

Environmental / Incident Notes Spills, drift concerns, off-target movement, public interactions, damage concerns, permit concerns, stop-work events, or ACHD notifications.

GPS / Photos / Attachments GPS treatment tracks, map markups, photos, inspection notes, or other supporting records when requested or available.

QA / Retreatment / Complaint Response

Missed areas, weed escapes, complaint responses, corrective actions, retreatment dates, and ACHD inspection notes.

Submitted By / Date Name and date submitted to ACHD.

Attachments: Vicinity Map, Sidewalk Spray Locations, and Storm Basin Spraying Zones List, incorporated herein by reference.