BPM006970_Solicitation_Requirements__2_.pdf

Notice of Invitation For Bid Solicitation No. BPM006970

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

Solicitation Number: BPM006970

Description: Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Solicitation Due Date and Time: As indicated in APP

Location: ASPC-Winslow & ASPC-Winslow, Apache Unit

In accordance with Arizona Revised Statutes § 41-2533, Competitive Sealed bids for the materials or services specified, will be received by the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) through the State's e-Procurement System, Arizona Procurement Portal (APP) at https://app.az.gov until the “Bid/Offer Due Date” indicated in The State’s e-Procurement System for the Solicitation No. shown at the top of this page.

LATE BIDS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete bids caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in The State’s e-Procurement System.

Submit technical inquiries about navigating and/or submitting bids in the State’s e-Procurement System to the State’s e-Procurement System Help Desk by phone at (602) 542-7600, option 2; or by email to app@azdoa.gov

It is the responsibility of the supplier/offeror to routinely check the APP website for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION.

*An Equal Employment Opportunity Agency*

Table of Contents Scope of Work 2 Special Terms and Conditions 8 Addendum A 15 Uniform Terms and Conditions 20 Exhibit A 38 https://app.az.gov/ mailto:app@azdoa.gov

Scope of Work

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

1. Introduction

1.1. Mission: Our mission is to enhance public safety across Arizona through modern, effective correctional practices and meaningful engagements.

1.2. Purpose: The intent of this solicitation is to allow the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to enter into a contract(s) for the procurement of the following specified products, as specified in the General Requirements.

1.3. Location: Offeror is requested to provide pricing to furnish and deliver the herein specified services to the following locations:

1.3.1. ASPC-Winslow

2100 South Highway 87 Winslow, AZ 86047

1.3.2. ASPC-Winslow, Apache Unit

38322 U.S. Highway 180 St. Johns, AZ 85936

2. General Requirements:

Contractor shall:

2.1. Provide pricing for the Pest Control Services specified below. Pricing shall be submitted on an all-inclusive basis and shall include most current industry standard chemicals, materials, equipment, services, labor, benefits, travel, payroll burden, insurances, workers compensation fee, all taxes, profits, overhead and all related. ADCRR will not reimburse any other expenses.

2.2. Render exterminating services to control and/or eliminate:

2.2.1. Roaches (All Species);

2.2.2. Ants;

2.2.3. Silver-fish;

2.2.4. Spiders (All Species);

2.2.5. Crickets;

2.2.6. Flying insects, such as flies and mosquitos;

2.2.7. Rats;

2.2.8. Mice;

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

2.2.9. Ticks;

2.2.10. Flies (All kitchen, stables & kennels);

2.2.11. Scorpions; and

2.2.12. All other common and non-common insects.

2.3. Provide additional services to be required on an as needed basis:

2.3.1. Boric acid treatment of all cracks and crevices for the elimination and control of roach infestation in kitchen areas. Each treatment shall consist of three (3) applications of boric acid over a pre-determined period of time with guaranteed results.

2.3.2. Exterior power spraying shall be performed as needed/requested for housing areas to create a wider chemical barrier for the insects to cross before reaching the building. Power spraying shall be done around each kitchen docks and trash areas weekly in conjunction with treating the kitchens areas.

2.3.3. Termite treatment control;

2.3.4. Fogging service all areas, including the kitchen areas when requested;

2.3.5. Gopher, groundhog and squirrel control;

2.3.6. Treatment of sewers (manholes) for roaches and crickets;

2.3.7. Spray for bees, Africanized and Domestic;

2.3.8. Snake removal; and

2.3.9. Wall and attic baiting for rodent control.

2.3.10. Rodent Control boxes with snap traps:

2.3.10.1. Minimum service up to six (6) boxes included in flat rate;

2.3.10.2. Setup fee for additional boxes is an additional charge based on each unit of measure;

2.3.10.3. Follow up service/placement for a minimum up to six (6) boxes at additional flat rate; and

2.3.10.4. Follow up service/placement for each additional box at an additional charge based on each unit of measure.

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

2.3.11. Plumbing Chases Dusting: Contractor shall treat the plumbing for the control of roaches on an as needed basis (price shall be per linear foot).

2.3.12. Spraying around Grease Trap for roaches and crickets & other pest.

2.3.13. Bed bugs treatment.

2.4. Mouse Glue Boards: Contractor shall provide free of charge/included with service at least ten (10) boxes (containing 72 individual glue boards) of glue boards per month.

2.4.1. Glue boards shall be five (5) by seven (7) inches or larger.

2.5. Inspect and treat the interior and exterior of the surrounding building, each room and cell according to current industry standards. Special attention shall be paid to areas that are historically conducive to harborage and breeding.

2.6. Response Time:

2.6.1. Respond to inquiries (scheduled/unscheduled services/questions) within twenty-four (24) hours.

2.6.2. Be onsite and perform service within twenty-four (24) hours upon receiving the request. (From responding to inquiry to performing service shall be less than forty-eight (48) hours.)

2.7. Schedule of services:

2.7.1. Submit a draft schedule to the Administrator located at ASPC-Winslow for approval, no later than five (5) days after the award of a contract.

2.7.2. Kitchen Area, Dining Room, Warehouse/Loading Docks, and Medical areas on each unit shall be serviced two (2) times per month.

2.7.2.1. The service in the food preparation kitchen area and dining room shall be serviced after 1800hrs, Monday thru Friday.

2.7.2.2. The scheduled service for the Kitchen and Dining area shall not be combined with other locations on the same date.

2.7.3. Areas of service to be included: Units include housing areas, kitchen(s), warehouses, loading docks, towers, staff offices, exterior grounds, etc.

2.7.4. Housing units and Administrative areas shall be serviced two (2) times per month. The contractor shall treat the interior of each room, around all doors, windows, vents and six to nine (6-9) inches up the walls from the floor covering.

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

Building exteriors shall be treated three (3) feet up and five (5) feet out from the building.

2.7.4.1. Winslow Coronado Unit (Approximate square footage to be treated is 87,737):

2.7.4.1.1. Building 7, Store/Visitation Administration/Kitchen

2.7.4.1.2. Building 8, Dorm 7

2.7.4.1.3. Building 9, Dorm 2

2.7.4.1.4. Building 10, Dorm 1

2.7.4.1.5. Building 22/23, Program East/West

2.7.4.1.6. Building 24, Dorm 3

2.7.4.1.7. Building 25, Dorm 4

2.7.4.1.8. Building 26, Dorm 5

2.7.4.1.9. Building 27, Dorm 6

2.7.4.2. Winslow Kaibab Unit (Approximate square footage to be treated is 313,094):

2.7.4.2.1. Building 1, North CB1

2.7.4.2.2. Building 2, North C82

2.7.4.2.3. Building 3, North CDU

2.7.4.2.4. Building 4, Kitchen, Store Visitation, N & S Yard Office and M & P

2.7.4.2.5. Building 5, Administration, Health Visitation

2.7.4.2.6. Building 11, North Multipurpose

2.7.4.2.7. Building 12, Education

2.7.4.2.8. Building 14, Medical

2.7.4.2.9. Building 15, Ad, M & P

2.7.4.2.10. Building 16, ACI

2.7.4.2.11. Building 17, South Multipurpose

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

2.7.4.2.12. Building 18, South CB 4

2.7.4.2.13. Building 19, South CB 3

2.7.4.2.14. Building 20, North M & P

2.7.4.3. Winslow Apache Unit (Approximate square footage to be treated is 72,614):

2.7.4.3.1. Building 1, Administration

2.7.4.3.2. Building 2, Sallyport

2.7.4.3.3. Building 3, Medical

2.7.4.3.4. Building 4, Kitchen

2.7.4.3.5. Building 5, Programs

2.7.4.3.6. Building 6, 48 Man Dorm

2.7.4.3.7. Building 7, 48 Man Dorm

2.7.4.3.8. Building 8, 58 Man Dorm

2.7.4.3.9. Building 9, 48 Man Dorm

2.7.4.3.10. Building 10, 48 Man Dorm

2.7.4.3.11. Building 17, Training Center

2.7.4.3.12. Building 18, Warehouse

2.7.4.4. Miscellaneous Buildings (Approximate square footage to be treated is 28,123):

2.7.4.4.1. Building 6, Warehouse, Physical Plant Motor pool, Fire and Safety

2.7.4.4.2. Building 13, Administration

2.7.4.4.3. Building 29, Personnel

2.7.5. Rework service (servicing the same area again) if required within the month, shall be provided at no additional cost to the Department.

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

2.7.5.1. Response time for rework service shall not exceed twenty-four (24) hours, and the technician shall be onsite within twenty-four (24) hours upon receiving request.

2.7.5.2. If services cannot be provided on the scheduled day and time, the Contractor shall contact the facility and re-schedule within twenty-four (24) hours for the performance and completion of the service.

2.7.6. Be available to meet with the Business Administrator quarterly to discuss the following:

2.7.6.1. What issues the technician has observed while applying treatment to kitchen, dining room, warehouse and loading docks.

2.7.6.2. What issues the technician has observed while applying treatment to housing areas and administrative buildings.

2.7.6.3. The technician will be required to give recommendations, in order to resolve the situation with kitchens, dining rooms, warehouse, loading docks, housing areas and the administrative building of each unit.

2.8. All services provided shall have guaranteed results for a minimum of thirty (30) days after service and minimum of one (1) year for spot treatment (termite control treatment), for all locations identified.

2.9. After servicing each unit, the Contractor shall have the escorting staff sign and date a service ticket, and checklist for that unit to verify that the work was completed.

Special Terms and Conditions

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

1 Eligible Agencies: Any contract resulting from this solicitation shall be for the exclusive use of the Arizona Department of Corrections Rehabilitation and Re-entry.

2 Term Of Contract: The term of any resultant Contract shall commence on the date of award or as specified in the award document(s) and shall continue for a period of one year, unless extended, terminated or canceled, as otherwise provided herein.

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

(60) months.

4 Press/Publicity: Prior to pursuing any press or publicity regarding these services, the contractor shall work with ADCRR’s Communications Department. ADCRR retains approval rights concerning any such factors.

5 Purchase Orders: Contractor shall not commence any billable work or provide any Material or Service under this Contract until Contractor receives a purchase order.

6 Pricing: The method of compensation governing the Contract shall be a fixed price.

7 Price Increase: The Department may review a fully documented request for a price increase only after the Contract has been in effect for twelve (12) months. A price increase adjustment shall only be considered at the time of a Contract extension and shall be a factor in the extension review process. The ADCRR shall determine whether the requested price increase or an alternate option is in the best interest of the State. The price increase adjustment, if approved, will be effective upon the effective date of the Contract extension.

8 Price Reduction: A price reduction may be offered at any time during the term of the contract and shall become effective upon issuance of a contract amendment.

9 Business Standing A.R.S. § 10-1501: A selected Contractor whose business structure requires that documents be filed regularly with the Arizona Corporation Commission (ACC) must remain in good standing with the ACC during the term of the Contract. An out-of-state firm selected for Contract award must file necessary documents with the ACC as doing business in Arizona prior to execution of the Contract and, throughout the term of the Contract, must remain in good standing with the ACC and the entity where the original documents were filed.

10 Invoicing/Billing Requirements:

10.1 A legible and detailed invoice shall be provided by the Contractor to Accounting at ADCPayables@azadc.gov or mail to the address below:

Arizona Department of Corrections, Rehabilitation, and Reentry Attn: Account Payable mailto:ADCPayables@azadc.gov

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

10.2 At a minimum the invoice shall include:

● Department Location’s Name and Address

● Contractor’s Name, Remit to Address and Contact Information

● Contract Number

● Purchase Order Number

● Invoice Number and Date

● Date the items or services were shipped or provided

● Applicable Contract line item

● Applicable taxes

● Total Invoice Amount Due

10.3 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(s) against the Department or the State for late or finance charges.

10.4 Delivery of goods and or services does not constitute acceptance.

11 Payments: Automated Clearing House. The Department may pay invoices for some or all Orders through an Automated Clearing House (ACH). In order to receive payments in this manner from the Department, the Contractor must complete an ACH Authorization Form (form GAO-618) within 30 (thirty) days after the effective date of the Contract. The form is available online at: https://gao.az.gov/publications/forms

12 Travel: Contractor shall request and receive written approval prior to any travel under the Contract in which reimbursement of expenses will be requested. Contractor will be reimbursed for actual expenses incurred in accordance with the current rates specified in the State's Travel Policy. Contractor shall itemize all per diem and lodging charges. State Travel Policy, including State rates, may be located at https://gao.az.gov/state-arizona-accounting-manual-saam. State shall reject any claim for travel reimbursement for which the Contractor did not receive prior written approval.

13 Independent Status Of The Contractor:

13.1 Personnel actions of employees on the Contractor’s payroll shall be the Contractor's responsibility. The Contractor shall comply with all applicable government regulations related to the employment, compensation and payment of personnel.

13.2 The Department will not be responsible in any way for the damage or loss caused by fire, theft, accident, or otherwise to the Contractor's stored supplies, materials, equipment, or Contractor’s employee's personal property stored on Department property.

14 Confidentiality Of Records: The Contractor shall establish and maintain procedures and controls, that are acceptable to the Department for the purpose of assuring that no information contained in its records or obtained from the Department or from others in carrying out its functions under the Contract shall be used or disclosed by it, its agents, officers, or employees, https://gao.az.gov/publications/forms https://gao.az.gov/travel

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the Department. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of the Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the Department.

15 Compliance With Department Laws, Rules And Regulations: The Contractor shall abide by all formally adopted Department Rules and General Operating Policies and Procedures as applicable for fulfilling the obligations outlined in the Contract. Any allegations of non-compliance with Department Rules, General Operating Policies and/or Procedures, or other Contractor misconduct shall be subject to investigation by the Department and may result in Contract termination. The Department’s General Operating Policies and Procedures are available for review upon request.

16 Rules And Regulations:

16.1 Attention of the bidders is called to the requirements of the document Rules and Regulations for Non-Employees of the Department of Corrections in Arizona State Prison Complex which are attached herein and which shall be adhered to in all respects.

16.2 Should the owner require signatures of other parties such as subcontractor or persons directly or indirectly employed by the contractor, it shall be the contractor's responsibility to obtain such signatures. The signed document must be submitted within ten (10) days of notification of intent to award.

17 Investigations: The ADCRR reserves the right to make investigations, as deemed necessary, to determine the ability of the contractor to perform the specified work. The contractor shall furnish to ADCRR all such information and data for this purpose as may be requested.

ADCRR reserves the right to reject any bid if evidence submitted or investigation fails to satisfy the owner that the contractor is properly qualified to carry out the obligations of the solicitation.

Conditional bids shall not be accepted.

18 Notice Warning: Any person who takes into or out of or attempts to take into or out of a correctional facility or the grounds belonging to or adjacent to a correctional facility, any item not specifically authorized by the correctional facility, shall be prosecuted under the provisions of the Arizona Revised Statutes. All persons, including employees and visitors, entering upon these confines are subject to routine searches of their persons, vehicles, property or packages.

Authority: A.R.S. § 13-2501;

A.R.S. § 13-2505;

ADCRR Department Order 708

19 Contraband: Contraband means any dangerous drug, narcotic drug, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or any other article whose use of or possession would endanger the safety, security or preservation of order in a correctional facility or any person therein. (Any other article includes any substance which could cause abnormal behavior, i.e., marijuana, nonprescription medication, etc.) Promoting prison contraband A.R.S.

§ 13-2505:

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

A person, not otherwise authorized by law, commits promoting contraband:

By knowingly taking contraband into a correctional facility or the grounds of such a facility; or

By knowingly conveying contraband to any persons confined in a correctional facility; or

By knowingly making, obtaining, or possessing contraband in a correctional facility.

Promoting Prison Contraband is a Class 5 felony:

Authority: A.R.S. § 13-2501;

A.R.S. § 13-2505;

ADCRR Department Order 708

20 Federal Prison Rape Elimination Act 2003: The Contractor shall comply with the Federal Prison Rape Elimination Act of 2003. Reference 28 C.F.R. Part 115.

21 Unlawful Sexual Conduct:

21.1 A person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the ADCRR, the Department of Juvenile Corrections, a private prison facility or a city or county jail or with an offender who is under the supervision of either Department or a city or county.

For the purposes of this subsection, "person" means a person who:

21.1.1 Is employed by the ADCRR or the Department of Juvenile Corrections.

21.1.2 Is employed by a private prison facility or a city or county jail.

21.1.3 Contracts to provide services with the ADCRR, the Department of Juvenile Corrections, a private prison facility or a city or county jail.

21.1.4 Is an official visitor, volunteer or agency representative of the ADCRR, the Department of Juvenile Corrections, a private prison facility or a city or county jail.

21.2 This section does not apply to a person who is employed by the ADCRR, a private prison facility or a city or county jail or who contracts to provide services with the ADCRR, a private prison facility or a city or county jail or an offender who is on release status if the person was lawfully married to the prisoner or offender on release status before the prisoner or offender was sentenced to the ADCRR or was incarcerated in a city or county jail.

21.3 Unlawful sexual conduct with an offender who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with an offender who is between fifteen and seventeen years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony.

21.4 Unlawful sexual conduct; correctional facilities; classification; Definition A.R.S.

§13-1419.

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

22 Smoke-free Facility (Only applicable if entering a facility): Due to the hazards of smoking and exposure to secondhand smoke, ADCRR shall protect its employees and inmates from the dangers of smoking in compliance with ARS §36-601.01, 02. As of September 1, 2025, the Contractor and its subcontractors understand that ADCRR does not allow use of the following products inside its facilities, facility/office area, including outdoor areas and vehicles:

22.1 Cigarettes

22.2 Cigars

22.3 Pipe Tobacco

22.4 Lighters

23 INSURANCE REQUIREMENTS: Insurance Requirements. Addendum A to the Special Terms and Conditions: Contractor Insurance Requirements is incorporated herein as part of the Special Terms and Conditions.

24 Eligibility For State Or Local Public Benefits; Documentation And Violations: Contractors providing services to the State, shall ensure compliance with A.R.S. § 1-502. A.R.S. § 1-502 requires each person applying or receiving a public benefit to provide documented proof which demonstrates a lawful presence in the United States. The State shall reserve the right to conduct unscheduled, periodic process and documentation audits to ensure Contractor compliance. All available contract remedies, up to and including termination may be taken for failure to comply with A.R.S. § 1-502 in the delivery of services under this Contract.

25 Estimated Quantities: ADCRR anticipates usage resulting from contract(s) that will be awarded as a result of this solicitation; however, no commitment of any kind is made concerning quantities actually acquired and that fact should be taken into consideration by each potential contractor.

26 Security: Contractor shall, forty-eight (48) hours prior to starting work, supply the full names, dates of birth and social security numbers for all employees and subcontractor employees who may be working at the job-site, to the Contractor Clearance Unit at CCUnit@azadc.gov, for advance security clearance.

26.1 Contractor will be required to perform all work in conjunction with the Security Unit while on the institutional grounds and shall be responsible for all personnel employed by their firm to ensure that institutional dress codes and overall policies are followed.

27 Permits: Contractor will obtain and pay for all required permits and licenses.

28 Contractor Responsibility: It shall be the responsibility of the contractor to provide his/her own transportation.

mailto:CCUnit@azadc.gov

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

29 General Provisions for Services:

29.1 Comprehensive Services. Contractor shall provide the comprehensive range of Services for which a price is established in the Contract for ordering by Eligible Agencies and Co-Op Buyers.

29.2 Additional Services. State at its discretion may modify the scope of the Contract by Contract Amendment to include additional Services or service categories that are within the general scope of the ones originally covered by the Contract. Once the Contract Amendment is fully executed, Contractor shall then update all applicable pricing and make them available to all affected entities at no additional cost. Either party may make the request to add Services to the Contract; regardless of who makes the request, the parties shall negotiate in good faith a fair price for any additional Services, but State may elect not to add some or all of the Services in question if no agreement is reached on pricing in a timely manner. Contractor’s request or proposal in response to State’s request shall include documentation demonstrating that the proposed price for the additional Services is both fair and reasonable and comparable to the original prices.

29.3 Off-Contract Services. Contractor shall ensure that the ordering process for the Services prevents Orders for Services not included in the scope of the Contract (and for which no price or compensation has been established in the Contract) or Services explicitly excluded from the Contract. Notwithstanding that State might have its own internal administrative rules regarding off-contract or excluded ordering of Services, and endeavors to prevent such Orders from occurring, Contractor is responsible for not accepting any such Orders. The State may, at its discretion, cancel any such Order without obligation.

29.4 Removal of Personnel. Notwithstanding that Contractor is in every circumstance responsible for hiring, assigning, directing, managing, training, disciplining, and rewarding its personnel, State may at its discretion, and without the obligation to demonstrate cause, instruct Contractor to remove any of its personnel from State’s facilities or from further assignment under the Contract. In such cases, the Contractor shall promptly replace removed personnel with other personnel that have equivalent qualifications, experience, and capabilities.

29.5 Accuracy of Work. Contractor is responsible for the accuracy of the Services, and shall promptly make all necessary revisions or corrections resulting from errors and omissions on its part without additional compensation. Acceptance by State shall not relieve Contractor of responsibility for correction of any errors discovered subsequently or necessary clarification of any ambiguities.

29.6 Requirements at Location of Services:

29.6.1 Contractor personnel shall perform their assigned portions of the Services at the specific location indicated in the Order. Contractor acknowledges that the location might be inside an industrial building, institutional building, or one of various office types and classes.

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

29.6.2 If performing the Services requires Contractor personnel to work inside a secured perimeter at certain institutional facilities (including but not limited to prisons) where prior clearances are required, Contractor shall contact the facility directly in advance of performing the Services to confirm its current security clearance procedures, allowable hours for work, visitor dress code, and other applicable rules. State shall not pay any additional fees (including but not limited to service charges) or excuse late performance, if the Contractor has failed to comply with these requirements.

29.7 Acceptance of Services. State has the right to accept Services subject to acceptance criteria. State may apply acceptance criteria to the Contract or a specific Order, which may include, but are not limited to, accuracy, completeness, conformance to requirements, or quality. State shall not pay Contractor for unaccepted Services, and State may, at its discretion, withhold or make partial payment for any rejected Services, while Contractor is in the process of re-performing or otherwise curing the grounds for State’s rejection.

29.8 Corrective Action Required. Notwithstanding any other guarantees, general warranties, or particular warranties Contractor has given under the Contract, and in addition to any other rights and remedies available under the Contract, if Contractor fails to perform any material portion of the Services including, but not limited to, failure to complete any contractual deliverable or failure to meet agreed-upon service levels or service standards set out in or referred to in the Contract, then Contractor shall perform a root-cause analysis to identify the source of the failure and use all commercially reasonable efforts to correct the failure and meet the Contract requirements as promptly as is practicable.

29.9 Contractor shall provide State a report detailing the identified cause and setting out its detailed corrective action plan promptly after the date the failure occurred (or the date when the failure first became apparent, if it was not apparent immediately after occurrence).

29.10 State may demand to review and approve Contractor’s analysis and plans, and Contractor shall make any and all reasonable corrections State instructs and adopt State’s recommendations, including any measures State determines to be necessary for employee or public safety, or the protection of property or the environment.

29.11 Contractor shall take the necessary action(s) to avoid any like failures in the future.

Addendum A to the

Solicitation No. BPM006970

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

1 Indemnification Clause:

1.1 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, 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 the 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.

1.2 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.

2 Insurance Requirements:

2.1 The successful contractor will be required to provide the following Certification of Insurance within five (5) days after receipt of written notice of intent to award this contract. The contractor must furnish the State certification from insurer(s) for coverage in the minimum amount as stated below. The coverage shall be maintained in full force and effect during the term of this contract and shall not serve to limit any liabilities or any other contractor obligations.

2.2 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.

2.3 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.

Solicitation No. BPM006970

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

3 Minimum Scope and Limits of Insurance:

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

3.1 Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, 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, 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.

3.2 Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non- owned automobiles 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.

Solicitation No. BPM006970

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

3.3 Workers’ Compensation and Employers’ Liability

● Workers' Compensation Statutory

● 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).

4 Additional Insurance Requirements:

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

4.1 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).

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

5 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 to Arizona Department of Corrections, Rehabilitation & Reentry, 701 E. Jefferson St., M/C 55302, Phoenix, AZ 85034 or emailed to the contract owner identified in the Arizona Procurement Portal.

Solicitation No. BPM006970

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

6 Acceptability of Insurers:

Contractor’s 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.

7 Verification of Coverage:

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form 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.

7.1 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.

7.2 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.

7.3 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.

8 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 this contract, proof from the Contractor that its subcontractors have the required coverage.

9 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.

Solicitation No. BPM006970

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

10 Exceptions:

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

Uniform Terms and Conditions

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

1. Definition of Terms. As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

1.1. “AI” means the science and engineering of making machines capable of performing tasks that are typically associated with human intelligence, such as learning and problem-solving, and includes without limitation: AI systems, classic AI, external AI, generative AI, and large language model (LLM) AI.

1.2. “Attachment” means any item the Solicitation which requires the Offeror to submit as part of the Offer.

1.3. “Contract” means the combination of the Solicitation, including the Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments.

1.4. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

1.5. “Contractor” means any person who has a Contract with the State.

1.6. “Data” means recorded information, regardless of form or the media on which it may be recorded. The term may include technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

1.7. “Days” means calendar days unless otherwise specified.

1.8. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the Scope of Work after contract award.

1.9. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

1.10. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space.

1.11. “Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract.

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

1.12. “Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.

1.13. “State” means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of the State of Arizona that executes the Contract.

1.14. “State Fiscal Year” means the period beginning with July 1 and ending June 30.

1.15. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a Subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any Materials or any Services required for the performance of the Contract.

1.16. “Subcontractor” means a person who contracts to perform work or render Services to a Contractor or to another Subcontractor as a part of a Contract with the State.

2. Contract Interpretation

2.1. Arizona Law. The Arizona law applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.

2.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.

2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below:

2.3.1. Special Terms and Conditions;

2.3.2. Uniform Terms and Conditions;

2.3.3. Statement or Scope of Work;

2.3.4. Specifications;

2.3.5. Attachments;

2.3.6. Exhibits; then

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

2.3.7. Any other documents referenced or included in the Solicitation including, but not limited to, any Bid or Offer documents provided by the Contractor that do not fall into one of the above categories.

2.4. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be the employee or agent of the other party to the Contract.

2.5. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.

2.6. No Parol Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding.

2.7. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

3. Contract Administration and Operation

3.1. Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each Subcontractor to retain any and all Data and other “records” relating to the acquisition and performance of the Contract for a period of five (5) years after the completion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records.

3.2. Non-Discrimination. The Contractor shall comply with State Executive Order Nos.

2023-09, 2023-01, 2009-09, and any and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act. Contractor shall include these provisions in contracts with Subcontractors when required by Federal or State law.

3.3. Audit. Pursuant to A.R.S. § 35-214, at any time during the term of this Contract and five(5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by the State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract.

3.4. Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its facilities, Subcontractor facilities, and the Contractor’s processes or services, at

Pest Control Services for ASPC-Winslow & ASPC-Winslow, Apache Unit

Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services reasonable times for inspection of the facilities or Materials covered…