BPM003326_-_Landscaping_Services__Southern_State_Parks_.pdf

Invitation for Bid

SOLICITATION NO.: BPM003326

Landscaping Services – AS NEEDED (Southern Region State Parks)

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

SOLICITATION NO: BPM003326

DESCRIPTION: Arizona State Parks invites sealed bids from qualified firms to provide the

Landscaping Services – AS NEEDED (Southern Region State Parks) at the location listed below, in accordance with the scope of work prepared by Arizona State Parks

DUE DATE AND TIME: Refer to Arizona Procurement Portal (APP) for Due Date and Time

LOCATION(S): See Exhibit A – Current Region Locations and Equipment (APP Attachment)

Due to the social distancing guidelines the Pre-Submittal Meeting will be held via Teleconference.

Date and Time: March 5, 2021 11:00 Arizona Time

INQUIRY DEADLINE:

All inquiries regarding this solicitation should be submitted online through Arizona Procurement Portal (APP). All questions must be submitted Refer to Arizona Procurement Portal (APP) for Due Date and Time.

Bidders Are Strongly Encouraged to Attend and carefully read the entire solicitation. Vendors shall submit all questions on Arizona Procurement Portal (APP) Only using the Discussion Forum .

SUBMITTALS: In accordance with A.R.S. § 41-2533, competitive sealed bidding (IFB) for the materials or services specified will be received by the State Procurement Office online through the State’s e-Procurement system. APP (https://appstate.az.gov) at the date and time posted in APP.

Quotations received by the due date and time will be electronically opened. Sealed quotations in response to this solicitation shall be submitted within the State’s e-Procurement system. The due date and time are indicated in as the Bid Opening Date. Late quotations will not be considered. Quotations submitted outside of APP, or those that are received after the due date and time, shall be rejected.

Bidders shall copy APP attachments to their own computer, save the information entered, and submit the completed information as a new, appropriately re-named Attachment in APP. APP will not save information entered directly on the attachments.

BIDDERS ARE STRONGLY ENCOURAGED TO READ CAREFULLY THE ENTIRE REQUEST FOR

QUOTATION.

Mark Goss, Procurement Specialist Email: mgoss@azstateparks.gov Ph: (602) 542-6925

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

ATTACHMENT A- OFFER AND ACCEPTANCE FORM

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.

Arizona Transaction (Sales) Privilege Tax License No.:

Federal Employer Identification No.:

Company Name Signature of Person Authorized to Sign Offer

Address Printed Name

City State Zip Title

Phone:

Fax:

Contact Email Address

By signature in the Offer section above, the Offeror certifies:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order

2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization ___ IS/ ___ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Offer is hereby accepted.

The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

This Contract shall henceforth be referred to as Contract No. ________________________________.

The effective date of the Contract is ____________________________________________________.

The Contractor is cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contact release document or written notice to proceed.

State of Arizona Awarded ________ day of ____________________ 20 ______.

Procurement Officer

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

TABLE OF CONTENTS

Offer and Acceptance Form…………………………………………………………………………………………2

Table of Contents……………………………………………………………………………………………………3

Special Instructions to Offerors….………………………………………………………………………………….4

Special Terms & Conditions...………………………………………………………………………………………8

Scope of Work………………………………………………………………………………………………………15

ATTACHMENT A Designation of Confidential, Trade Secret & Proprietary Information ………………………17

ATTACHMENT B Participation of Boycott of Israel ……………………………………………………………..19

ATTACHMENT C CHECKLIST ………………………………………………………………………...………..20

Solicitation Attachments (See all attachments in APP Procurement Portal labeled Attachments)

• Uniform Terms and Conditions (Version 9 – Updated July 1, 2013)

• Uniform Instructions (Updated September 2014)

• Exhibit A – Locations of Service and Current Equipment

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

SPECIAL INSTRUCTIONS TO OFFERORS

ON-SITE INSPECTIONS:

Due to the required social distancing group On-Site Inspections must be scheduled with the Park Manager at that location.

1. INQUIRIES:

2.1 Website Inquiries – Potential Offeror(s) with questions regarding the web-based program should contact the Helpdesk at 602-542-7600 during regular business hours or by email to app@azdoa.gov, allowing sufficient time to resolve issues prior to the solicitation due date and time.

2.2 Questions on the IFB or its content - Any question related to this IFB should be submitted to the

Procurement Officer through utilizing the Discussion Forum by no later than two (2) calendar days prior to offer due date. All responses to inquiries will be answered in APP. All questions and responses will be available and viewable by the public. Any inquiry related to the Solicitation should reference the appropriate solicitation page and paragraph number.

2. VENDOR REGISTRATION:

Bidder shall be registered and enrolled in the State of Arizona’s Procurement Portal (APP) https://appstate.az.gov . Ensure that the APP registration matches the legal name on the Arizona Substitute W9 and that name matches the name you are registered with at the Internal Revenue Services.

3. PREPARATION/SUBMISSION OF OFFER:

3.1 Offer Submission, Due Date and Time - Offerors responding to a Solicitation must submit the Offer electronically through State of Arizona’s eProcurement system. Offers shall be received before the due date and time stated on the first page of the solicitation. Offers submitted outside of State of Arizona’s Procurement Portal or those that are received after the due date and time shall be rejected.

3.2 Electronic Solicitation Documents. The Solicitation document is provided in an electronic format.

Any unidentified alteration or modification to any Solicitation documents, to any attachments, exhibits, forms, charts or illustrations contained herein shall be null and void.

3.3 AZ Procurement Portal (APP) Electronic Submission - Offers shall be submitted in an acceptable format, as described herein, using State of Arizona’s online eProcurement application system located at https://appstate.az.gov/. Submission of offers by means other than the system will not be accepted.

3.4 Electronic Bid Attachments. Electronic files shall be submitted in a format acceptable to ASPT.

Acceptable formats include .DOC and .DOCX (Microsoft Word), .XLS and .XLSX (Microsoft Excel), .PPT and .PPTX (Microsoft PowerPoint), JPEG and .PDF (Adobe Acrobat).

3.5 Submittal Documents – There are no requirements to submit samples, descriptive literature, or technical data with Offer in addition to the required Attachments listed below.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

3.6 Offeror’s Responsibility. The Offeror is cautioned that it is the Offeror's sole responsibility to submit information required or requested in this solicitation and that ASP of Arizona is under no obligation to solicit such information if it is not included with the Offeror's bid. Failure by the Offeror to submit such information may cause an adverse impact on the evaluation of the Offeror's bid.

3.7 Solicitation Amendments (acknowledgement of). If solicitation amendments are issued, Offeror should sign and attach any and all Solicitation Amendment(s), using “Sol Amend #” as the title of the document(s). Offerors should also acknowledge any and all Solicitation Amendment(s) in APP as outlined in the How to Respond to Bids (Solicitations) step-by-step guide on the website at https://appstate.az.gov.

3.8 Offer and Acceptance. Offerors to include a completed, signed Offer and Acceptance form, as described in section D2 of the Uniform Instructions to Offerors.

4. DESIGNATION OF CONFIDENTIAL, TRADE SECRET AND PROPRIETARY INFORMTION:

If you believe that a portion of your Offer (or a protest or other correspondence) contains a trade secret or other manner of your proprietary information, you must:

4.1 Indicate on Attachment SPO Form 204 [Designation of Confidential Information] that your proposal contains such claimed confidential information; and

4.2 Designate clearly throughout the Offer each instance of that trade secret or other proprietary information in the other portions of your proposal using the term “confidential.”

4.3 Simply indicating that the proposal contains confidential information is not sufficient to claim the protections under A.A.C. R2-7-C317 – Attachment SPO Form 204 must be accompanied by a detailed explanation as to why each item or category of items in the proposal should be designated confidential information.

4.4 Procurement Officer shall review your claim of confidentiality and provide a written determination;

until a written determination has been made, Procurement Officer shall not disclose the claimed information to anyone who does not have a legitimate State interest. If Procurement Officer denies the claim of confidentiality, you may appeal the determination to the State Procurement Administrator within the time specified in the determination.

NOTE: Contract terms and conditions, pricing, and information generally available to the public are not and will not be designated confidential information.

5. SUSPENSION OR DEBARMENT CERTIFICATION:

By signing the Offer, the Offeror certifies that the firm, business or person submitting the bid or offer has not been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity with any State or Federal agency, debarment or suspension shall result in rejection of the bid or offer or cancellation of the contract. The State also may exercise any other remedy available by law.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

6. CONFLICT OF INTEREST:

The offeror shall, throughout the term of the contract, take appropriate action(s) necessary to maintain the integrity of the State’s activities. Any possible or actual conflict of interest situation, related to the supplier’s work for the State and the private sector, shall be reported to the Board in writing within 7 days. The Board will determine the appropriate course of action to alleviate the conflict-of-interest situation. The Board’s decision will be final and without recourse.

7. ATTACHMENT FORMAT:

All attachments shall be submitted in a format acceptable to the State. Acceptable formats include .doc document (Microsoft Word), .xls spreadsheet (Microsoft Excel), and .pdf (Adobe Acrobat portable document format.) Prospective Bidders that wish to submit attachments in other formats should submit an inquiry to the Procurement Officer. Please note that individual attachment documents shall not exceed 10MB.

8. PRICING:

Pricing is all-inclusive including labor, overhead, insurance, supplies, licensing, bonding. Pricing to be submitted on the “Items Tab” in APP

9. PRICES FOR ALTERNATE BID ITEMS:

Pricing shall be submitted on the “Items Tab” in APP.

10. INVOICING:

All invoices shall be submitted by the contractor for completed work to:

Arizona State Parks & Trails Attn: Fiscal Services 23751 N. 23rd Avenue, Ste. 190 Phoenix, AZ 85085 Email: aspinvoice@azstateparks.gov Phone: (602) 542-6938 Fax: (602) 542- 4180

11. RECORDS:

Pursuant to provisions of Title 35, Article 6, Arizona Revised Statutes §35-214 AND §35-215, each Supplier shall retain all books, accounts, reports, files and other records relating to the acquisition and performance of the contract for a period of six (6) years after the completion of the contract. All documents shall be subject to inspection and audit at reasonable times. Upon request, a legible copy of any or all such documents shall be produced at the offices at the Auditor General, the Attorney General, the State Purchasing Office or any agency doing business under this contract.

12. TAXES:

The State of Arizona is subject to all applicable state and local transaction privilege taxes and is exempt from Federal Excise Tax, including the Federal Transportation Tax. The applicable State and local taxes shall be identified as a separate line item on the “Items Tab” in APP.

13. PAYMENT DISCOUNT:

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

Payment discount periods will be computed from the date of receipt of materials or services or correct invoice, whichever is later, to the date State's warrant is mailed. Unless freight and other charges are itemized, any discount provided will be taken on full amount of invoice. Payment discounts of thirty (30) calendar days or more will be deducted from the Bid price in determining the low Bid. However, the State shall be entitled to take advantage of any payment discount offered by the Contractor provided payment is made within the discount period.

14. EVALUATION:

In accordance with the Arizona Procurement Code § 41-2533, awards shall be made to lowest responsible and responsive offeror whose offer conforms in all material respect to the requirements and criteria set forth in this solicitation.

15. RESPONSIBILITY, RESPONSIVENESS AND SUSCEPTIBILITY:

In accordance with A.R.S. § 41-2534(G), A.A.C. R2-7-C311, A.A.C. R2-7-C312 and A.A.C. R2-7-C316, the State shall consider, at a minimum, the following criteria when determining Offeror’s responsibility, as well, as the proposal’s responsiveness and susceptibility for contract award.

15.1 Whether the Offeror has had a contract within the last five (5) years that was terminated for cause due to breach or similar failure to comply with the terms of the contract;

15.2 Whether the Offeror’s record of performance includes factual evidence of failure to satisfy the terms of the Offerors agreements with any party to a contract. Factual evidence may consist of documented vendor performance reports, customer complaints and/or negative references;

15.3 Whether the Offeror is legally qualified to contract with the State and the Offeror’s financial, business, personnel, or other resources, including subcontractors;

16.3.1 Legally qualified includes if the vendor or if key personnel have been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body.

15.4 Whether the Offeror promptly supplied all requested information concerning its responsibility;

16. OFFER ACCEPTANCE PERIOD:

In order to allow for an adequate evaluation, the State requires an offer in response to this Solicitation to be valid and irrevocable for Sixty (60) calendar days after the opening date and time.

17. BID REJECTION:

The State reserves the right to reject any, or all, Bids, combinations of items, or lot, and to waive defects or informalities.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

SPECIAL TERMS AND CONDITIONS

1. PURPOSE:

Pursuant to provisions of the Arizona Procurement Code, A.R.S. §41-2501 Et Seq., the State of Arizona, Arizona State Parks, intends to enter into a contract to furnish and provide Landscaping Service– AS NEEDED (Southern Region State Parks), in accordance with the specifications.

2. CONTACT:

The State’s primary contact for this solicitation and resulting contract with Arizona State Parks:

Mark Goss, Procurement Specialist Arizona State Parks

23751 North 23rd Avenue, Ste 190 Phoenix, AZ 85085 Email: mgoss@azstateparks.gov Phone: (602) 542-6925

3. ELIGIBLE AGENCIES:

Arizona State Parks Board

4. ARIZONA PROCUREMENT CODE:

The Arizona Procurement Code (A.R.S. Title 41, chapter 23) and the Arizona Administrative Code (A.C.C.

Title 2, Chapter 7), are made a part of this document as if fully set forth herein. These documents are available at http://spo.az.gov.

5. TERM OF CONTRACT:

The term of shall commence upon award and shall remain in effect for a period of one (1) year thereafter unless terminated, canceled or extended as otherwise provided herein.

6. CONTRACT EXTENSION:

By mutual written agreement, any resultant contract may be extended by four (4) supplemental periods of up to 12 months each for a total contract term of sixty (60) months.

7. MULTI AWARD CONTRACT:

In order to assure that any ensuing contracts will allow the agency to fulfill current and future requirements, the agency reserves the right to award contracts to multiple suppliers. The actual utilization of any contract will be at the sole discretion of the agency. The fact that the agency may make multiple awards should be taken into consideration by each potential contractor.

8. NON-EXCLUSIVE CONTRACT:

This contract has been awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source when necessary. Off-contract purchase authorization(s) may be approved by either the agency (within an agencies

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937 delegated authority) or by the State Procurement Office. Approvals shall be at the exclusive discretion of the State and shall be final. Off-contract procurement shall be consistent with the Arizona Procurement Code.

9. ACCEPTANCE:

Each item shall be subject to a complete inspection by the Arizona State Parks. Inspection criteria shall include, but not limited to, conformity to the specifications, quality and service provided.

10. LICENSES:

The Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of a business conducted by the contractor.

11. INVOICING AND PAYMENT:

All invoices shall be submitted by the contractor for completed work shall be submitted to:

Arizona State Parks Fiscal Services 23751 N. 23rd Avenue, Ste. 190 Phoenix, AZ 85085 Email: aspinvoice@azstateparks.gov Phone: (602) 542-6938 Fax: (602) 542-4180

The State will make every effort to process payment for the services rendered within thirty (30) calendar days after receipt of goods and services and a correct notice of amount due, unless a good faith dispute exists as to any obligation to pay all or a portion of the account. Any Bid that requires payment in less than thirty (30) calendar days shall not be considered.

12. SHIPPING TERMS:

Prices shall be F.O.B Destination to the delivery location designated herein. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The State will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging inspection.

13. BILLING:

All billing notices shall include the purchase order number, contract number, line item number and be directed to the accounts payable department at the address listed on the purchase order.

14. DISCOUNTS:

Payment Discount periods shall be computed from the date of receipt of services or correct invoice, whichever is later, to the date ASPT’s warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of the invoice. ASPT shall be entitled to take advantage of any payment discount offered by the contractor provided payment is made within the discount period.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

15. PRICE ADJUSTMENTS:

Unless otherwise addressed ASPT may review a fully documented request for a price increase only after the contract has been in effect for one (1) year. The request shall be made by no later than 4 days before the end of the contract period and shall be a factor in the extension review process. ASPT shall determine whether the requested price increase or an alternate option is in the best interest of ASPT. Price reduction may be offered at any time during the term of the contract and shall become effective upon notice.

16. CHANGES TO CONTRACT:

The contractor understands and agrees the needs of ASPT may change during the life of the contract and ASPT my propose changes to any part of this contract with a commensurate, fair, and equitable adjustment in price. Any such changes shall be made in accordance with the Amendments clause of this contract.

17. CONTRACT CANCELLATION:

This contract is critical to ASPT and ASPT reserves the right to immediately cancel the whole or any part of this contract due to failure of contractor carrying out any obligations, terms, or conditions of the contract.

ASPT may issue a written notice of default effective at once and not deferred by any interval of time. Default shall be for acting or failing to act on of the following:

• The contractor providing commodities that do not meet the Specifications of the Contract;

• The contractor fails to adequately perform the services set forth in the Specifications of the Contract;

• The contractor fails to complete the work required or furnish the commodities required within the time stipulated in the Contract;

• The contractor fails to make progress in the performance of the contract and /or gives ASPT reason to believe the contractor will not or cannot perform to the requirements of the Contract.

• If the Contractor does not correct the above problem(s) within ten (10) days after receiving the notice of default, the State may cancel the contract. If the State cancels the contract pursuant to this clause, the State reserves all rights or claims to damage for breach of contract.

18. SCRUTINIZED BUSINESS:

In accordance with A.R.S. §35-391 and A.R.S. §35-393, Contractor certifies that the contractor does not have scrutinized business operations in Sudan a or Iran.

19. INDEMNIFICATION:

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937 or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

20. INSURANCE REQUIREMENTS:

Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

A. MINIMUM SCOPE AND LIMTS OF INSURANCE:

Contractor shall provide coverage with limits of liability not less than those stated below.

1. Commercial General Liability (GCL) – Occurrence Form

Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage.

• General Aggregate $ 2,000,000

• Products – Completed Operations Aggregate $ 1,000,000

• Personal and Advertising Injury $ 1,000,000

• Damage to Rented Premises $ 50,000

• Each Occurrence $ 1,000,000

a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937 commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

2. Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

a. Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor

3. Worker’s Compensation and Employers’ Liability

Statutory

• Workers’ Compensation Employers’ Liability

• Each Accident $1,000,000

• Disease – Each Employee $1,000,000

• Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

B. ADDITIONAL INSURANCE REQUIREMENTS:

The policies shall include, or be endorsed to include, the following provisions:

1. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

C. NOTICE OF CANCELLATION:

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

D. ACCEPTABILITY OF INSURERS:

Contractor insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.

Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

E. VERIFICATION OF COVERAGE:

1. Contractor shall furnish the State of Arizona with certificates of insurance (valid ACCORD for or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this contract. An authorized representative of the insurer shall sign the certificates.

2. All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

3. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

4. All certificates required by this Contract shall be sent directly to the Department. The State of

Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

F. SUBCONTRACTORS:

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the Contract, proof from the Contractor that its subcontractors have the required coverage.

G. APPROVAL and MODIFICATIONS:

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

H. EXCEPTIONS:

In event the Contractor, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

21. The successful contractor prior to commencement of work must submit Insurance Certification in accordance with Insurance Requirement within seven (7) calendar days. A copy of a completed Certificate of Insurance form must be forwarded to the Procurement Officer as follows:

• In Description of Operations Section make sure they put the correct Solicitation No: or

Contract No:

• Certificate Holder must be:

Arizona State Parks and Trails Procurement Services Attn: Mark Goss

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

23751 North 23rd Avenue, Ste 190 Phoenix, AZ 85085

SCOPE OF WORK

1. INTRODUCTION / SUMMARY:

1.1. Arizona State Parks & Trails intends to establish a term contract with a firm(s) to provide on-call, as needed Landscaping Services for specified Parks facilities. Services shall be provided in accordance with the terms, conditions, scope of work, specifications of this solicitation.

2. SERIVICE DESCRIPTION:

2.1. This service provides landscaping and maintenance services for facilities and shall include the personnel, equipment, landscape supplies that are necessary to perform services.

2.2. The frequency and utilization of all services will be determined at a sole direction of each Park location.

2.3. Contractor with the facility service location(s) and general information for locations needing services as defined by Exhibit A – Southern Region Location List.

2.4. The service schedule and locations are subject to change based on the needs of the PARK

3. CONTRACTOR REQUIREMENTS:

3.1. Furnish all necessary labor, tools, equipment, supplies and materials to effectively perform landscaping and maintenance services.

3.2. Provide the adequate number of personnel or subcontractors necessary to complete the services as defined in the scope of work.

3.3. Contractors personnel is required to have proper knowledge and training to perform services identified in the scope of work, and contain proper certifications and/or licenses to perform the work and deliver the services required.

3.4. All Contractor personnel or subcontractors shall be at least 18 years of age or older

3.5. On-site personnel shall have a minimum of three years of experience in grounds maintenance and plant life care. At the discretion of agency, the on-site personnel shall have the authority to facilitate the work, prioritize the activities, determine the weekly (seasonal) schedules, participate in the day-to-day decisions concerning maintenance and landscaping, assist the PARKS authorized designee in making on-site inspections, and assist in coordination the facilities’ operational needs and requirements. The on-site personnel shall be knowledgeable in matters relating to the specific job tasks for landscaping projects. On site managers and supervisors/lead personnel shall be able to speak, read, write and understand English.

Should specific onsite Contractors personnel not speak English, then such personnel shall work in a location that has a two (2) person team where the other person speaks, reads writes and understands English. Should a non-English speaking person cover an outlying area, then a supervisor or manager shall be available, at all times, to communicate needs to the non-English speaking person.

3.6. At the discretion of the agency the Contractors personnel and/or sub-contractors is required to display proper vehicle identification and uniform clothing while working at a facility.

3.7. Adhere to each agency provided specifications for obtaining location access to include but not limited to seasonal hour requirements, background, check-in and check-out procedures, security requirements, vehicle searches, attire and personnel conduct while preforming services.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

3.8. Remove and immediately replace any landscape personnel from the location who endanger persons, property, or whose continued work under this contract is inconsistent with the interests of the State, upon the request of the agency.

3.9. Notify the agency of problems when unable to maintain a satisfactory level of landscaping services as described herein.

3.10. Provide an updated Personnel Roster, within three (3) business days to the agency with names, titles, work telephone numbers and emergency contacts of all assigned personnel.

3.11. Notify the designated Agency within twenty-four (24) hours of any termination and provide replacement with no interruption to service.

3.12. Provide products that are authorized for sale in the United States.

3.13. Provide products which meet Federal, State and local standards for quality, effectiveness and safety requirements.

3.14. Provide services only upon issuance of a Purchase Order and written authorization by the agency.

3.15. Provide landscape services in such a manner that does not result in damage to the agencies facilities, grounds, landscaping, utilities, or structures.

3.16. In the event that damage does occur, coordinate repairs with the agency within two (2) business days of report of damage. Repair or replace the damage at no cost to the agency.

3.17. All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the agency. If a change to the installation will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, prior request authorization from the agency is required.

3.18. Replace within 14 days, at no additional cost to the agency, any tree, shrub, hedge, plant, flower, etc., that died and required removal as a result of negligent or improper care, with same or a prior-approved replacement as approved by the agency.

3.19. Respond to emergency calls within three (3) hours of request unless agreed upon by the agency.

3.20. Correct, within two (2) business days, any performance issues discovered by the agency following the service, or within the time frame agreed upon by both parties in writing.

3.21. Not store or dispose of chemicals or equipment at any agency facility.

4. LICENSURE/PERMITS/CERTIFICATION/ COMPLAINCE:

4.1. Provide CR-21 licensed by the Arizona Registrar of Contractors (AROC) as an active, licensed landscape contractor.

4.2. Provide a current Business License issued by the Pest Management Division, (PMD) within 30 days of contract signature.

4.3. Employ applicators who have a current PMD applicator license.

4.4. Adhere to all PMD current laws, rules and policies.

4.5. Comply with all current Federal, State, Local and Occupational Safety and Health Administration (OSHA) rules and regulations for all equipment and supplies.

4.6. Comply with all applicable Federal, State, and Local Laws and Labor requirements.

4.7. Maintain all applicable Federal, State, County required licenses and permits.

5. CHECMICAL REQUIREMENTS:

5.1. Upon request disclose and make recommendations on the use of chemicals for treatment and obtain agency approval prior to application.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

5.2. Use only chemical containers with the original manufacturer’s or distributor’s label. Adhere to all chemical labels, Safety Data Sheet (SDS) and all applicable requirements. Mix and apply chemicals according to the directions as written on the label or directions in any accompanying or referenced literature.

5.3. Use only pesticides which have been registered by the Environmental Protection Agency (EPA).

5.4. Provide the agency with a SDS for each chemical used on properties when requested.

5.5. Maintain a current SDS Book for all chemicals used.

6. REQURED SERVICE:

6.1. The following listing of required services is to be performed during regular scheduled maintenance at a prior direction of the agency. These services do not replace or supersede the latest industry standards or material and equipment manufacturer’s recommendations. At a minimum, the services shall include:

6.1.1. Grounds/Lawn/Parking Lot: 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 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 refuse in any container located on agency 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.

6.1.1.1. Parking lots, including the area immediately adjacent to the curb, shall be cleaned utilizing a street and gutter type broom. Clean is defined as the absence of foreign material and debris on the pavement.

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

6.1.1.3. Restrict the use of blowers around parked vehicles to avoid scratching vehicle paint with blowing sand and debris. Blowers may not be used where prohibited by law.

6.1.1.4. Sidewalks shall be maintained free of dirt, sand, gravel, rocks, gum, food, drink stains, etc.

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

6.1.1.6. Grounds 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.

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

6.1.1.8. Mow, edged and trim all lawn areas to an appropriate mowing height, maintaining a pleasing appearance. Trim around all sprinkler heads after each mowing.

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

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

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

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

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

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

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

6.1.2. TREES:

6.1.2.1. Provide trimming, pruning and tree work in an acceptable manner with regard to the natural shape of the tree, growth stimulations and space limitations.

6.1.2.2. Maintain all tree canopy’s appropriate height to avoid hazards to people, property and the tree itself.

6.1.2.3. Staking, guying or other supports for trees and shrubs shall be supplied, installed and maintained by the Contractor as needed or as required by the agency.

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

6.1.3. BUSHES/SHRUBS/CACTI:

6.1.3.1. Provide trimming and pruning work be done in an acceptable manner with regard to the natural shape of the plant, growth stimulations and space limitations.

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

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

6.1.4. IRRIGATION AND SPRINKLER SYSTEMS:

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

6.1.4.2. Provide experienced repair technicians, labor, testing equipment, materials, transportation, replacement parts, tools and supplies necessary to perform maintenance and repair services as required to ensure the equipment meets the manufacturer’s recommended performance standards.

6.1.4.3. Keep emitters properly positioned for even water distribution.

6.1.4.4. Respond to repair calls within one (1) business day of receiving a request for service from the agency or agreed upon by both parties in writing.

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

6.1.4.6. Adjust the watering system seasonally to permit proper growth, maintain health of grass, plants and trees.

6.1.4.7. 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 PARK.

6.1.5. CULTIVATION:

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

6.1.5.1. Cultivate planter beds and tree wells and maintain loose and healthy soil.

6.1.5.2. Groundcover plants shall be trimmed to promote full growth, contained within planter boundaries and be free of all undesirable plant growth and debris.

6.1.5.3. Flowers shall be pinched back and dead blossoms removed, as needed, to maintain healthy growth of the plant.

6.1.6. WEED CONTROL:

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

6.1.6.2. 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.

6.1.6.3. 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.

6.1.6.4. 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 PARK.

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

6.1.6.5. 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 agency-approved mechanical means, within 21 days of application.

6.1.6.6. All disturbed granite and earth shall be restored to original condition when manual weeding is completed and, if necessary at the direction of the agency, an additional pre-emerge application will be required at no cost.

6.1.6.7. All pre-emergent and post-emergent herbicides shall have a tracer dye added in order to…