Request for Proposal under A.R.S. § 41-2534

Notice Page

Arizona Department of Administration State Procurement Office 1802 W. Jackson, #100

Phoenix, AZ 85007

Solicitation Number: BPM0007310

Description: Ground Keeping Services- ICA

Solicitation Due Date and Time: Monday December 29, 2025 by 3:00PM

Pre-Offer Conference: Wednesday December 10, 2025 2:00pm-4:00pm

800 W. Washington St Phoenix AZ 85007

Proposals will only be accepted online in the “State’s eProcurement System”, Arizona Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the “State’s eProcurement System” for the Solicitation No. shown at the top of this page.

Proposals must be in the State Procurement Office’s possession online no later than that deadline.

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

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in the “State’s eProcurement System”.

It is the responsibility of the Prospective 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.

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Table of Contents Request for Proposal under A.R.S. § 41-2534

Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office

Notice Page

Table of Contents

Solicitation Summary 3

Scope of Work 5

Special Terms and Conditions 14

Addendum A to the Special Terms and Conditions 41

Addendum B to the Special Terms and Conditions 46

Uniform Terms and Conditions 10.5 47

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Click here to return to the Table of Contents

Solicitation Summary

Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

1. What is the State Soliciting?

The Arizona Department of Administration, State Procurement Office (the State), as authorized under A.R.S. § 41-2501 et seq. is seeking to establish one or more single-agency Contracts on behalf of Industrial Commission of Arizona (ICA), and for their sole use, to provide ground keeping maintenance services.

The State anticipates awarding contract(s) with the intent to secure service coverage statewide.

Whether or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

The State reserves the right to accept any item or combination of items specified in the Solicitation, unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, the State will evaluate if an award on such a basis will result in the best value and is in the best interest for the State. The State may otherwise determine, at its sole discretion, that such restriction is non-responsive and deem the Offeror ineligible for further evaluation.

2. What is in the Solicitation?

2.1. At the time of publication, the following documents are included in the Solicitation:

2.1.1. Attachment: BPM00007162 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Addendum A to the Special Terms and Conditions

2.1.1.7. Addendum B to the Special Terms and Conditions

2.1.1.8. Uniform Terms and Conditions

2.1.1.9. Exhibits (if applicable)

2.1.2. Attachment: BPM007162 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Standard Instructions to Offerors (RFP)

2.1.3. Solicitation Attachments

2.1.3.1. Offer and Acceptance

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

2.1.3.2. Boycott of Israel Disclosure

2.1.3.3. Forced Labor of Ethnic Uyghurs Ban

2.1.3.4. Confidential Information Designation

○ Confidential Information Designation (for reference only)

2.1.3.5. Conformance Statements and Exceptions Requests

2.1.3.6. Key Personnel

2.1.3.7. Letter of Insurability

2.1.3.8. Organization Profile

2.1.3.9. Proposed Subcontractors

2.1.3.10. Experience and Capacity Response

2.1.3.11. References

2.1.3.12. Method of Approach

2.2. The State may issue a Solicitation Amendment at any time after Solicitation publication and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely check the APP website for any Solicitation Amendments and revised documents.

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Scope of Work

Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

1. Purpose and Background:

1.1. The purpose of this Solicitation is to procure a qualified contractor or contractors to provide Grounds keeping and Landscaping Services for the Phoenix office of the Industrial Commission of Arizona located at 800 W. Washington St Phoenix, AZ 85007.

2. Definitions

2.1. Shall, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of a proposal as non-responsive.

2.2. Should: Indicates something that is recommended but not mandatory. If the offeror fails to provide recommended information, the State may, at its sole option, ask the offeror to provide the information or evaluate the proposal without the information.

2.3. May: Indicates something that is not mandatory but permissible.

3. Scope of Work

3.1. Specific Requirements:

3.1.1. The awarded contractor shall provide its own employees, supplies, and equipment, to provide the Grounds Keeping and Landscaping services in accordance with the requirements contained herein for a total fixed monthly rate.

3.1.2. The frequency and utilization of all services will be determined at the sole direction of the building supervisor or their designee.

3.1.3. Contractor’s personnel shall have experience and knowledge of:

3.1.4. Safety precautions in using pesticides/herbicides/fungicides and other plant chemicals and soil amendments.

3.1.5. Operating both powered and non-powered equipment necessary for the maintenance, trimming, and treatment of plant life, including but not limited to mowers, trimmers, edgers, and hand tools. All equipment shall be operated in a safe and professional manner in accordance with applicable regulations and manufacturer guidelines.

3.1.6. Shall be knowledgeable plant identification and health and be able to make recommendations regarding plant maintenance, and replacement as required.

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

3.1.7. Shall be knowledgeable in Irrigation repairs and maintenance.

3.1.8. The Contractor shall set up with ICA at least one meeting per quarter to discuss any upcoming service issues, staff changes, product use update, change, any service issues, or contract status.

3.1.9. The Contractor shall notify ICA’s designated representative immediately of any occurrence or condition within the landscaped areas that interfere with the full performance of the contract to include but limited to staff changes, product updates, or changes that require SDS or service issues, and confirm it in writing within 24 hours.

3.1.10. The Contractor shall maintain all parking lot and sidewalk areas by keeping cracks and surfaces free of debris, dirt, weeds, and grass;

maintaining walkways in a clean and safe condition; and performing power washing of the four (4) walkways (north, south, east, and west) on a quarterly basis, with additional cleaning of the westside sidewalk in front of the landscaper’s room as needed. The Contractor shall also maintain the area around the vacuum breaker and valve box.

3.1.11. The Contractor shall perform weed control by maintaining all surfaces, fence lines, concrete areas, edging, and grounds free of intruding grass and weeds throughout all seasons. Native vegetation areas, decorative rock areas, and decomposed granite areas shall be kept clear of weeds, and decorative rock areas shall be maintained in a clean and orderly condition.

3.1.12. The contractor shall be responsible for selective and corrective trimming of plants, cactus, small palm trees (excluding trees above 7 feet) and planter area with prior approval and under the direction of ICA building Manager or their designee.

3.1.13. All cactus, vines or sucklings from weeds or trees shall be cut back and removed from the building or other parking structures.

3.1.14. In the event that disease or infection is suspected or known within a certain plant(s), the Contractor shall sterilize his cutting tools between each cut.

3.1.15. The Contractor shall be responsible for damage to or destruction of trees, shrubs, lawns and ground cover resulting from his performance in accomplishing the scope of the contract.

3.1.16. In the event of damage by the contractor, they shall replace the damaged plant material with that of equal size and type.

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

3.1.17. In the event of a disagreement as to the cost and liability for the plant replacement, the ICA building manager or their designee shall make the final determination, based on a review of the circumstances causing the plant(s) destruction.

3.1.18. The Contractor shall apply Elanco brand “surflan” herbicide, or approved equal, to all non-turn and open areas as per label instructions, once in the fall and once in the spring, or as necessary to maintain the areas in a weed free condition.

3.1.19. The Contractor shall utilize post-emergent weed control by maintaining all non-turf areas in summer through the control of all weeds using herbicides or approved equivalents, applied in accordance with label instructions. This includes the control of any and all nut grass. During winter, all weeds shall be controlled using the target brand “Weed Boomer” herbicide or an approved equal, as per label instructions. No soil sterilant of any type shall be used. Additionally, the Contractor shall maintain all concrete, brick, asphalt surfaces, and curb areas to ensure they remain free of intruding plant material such as grass and weeds.

3.1.20. The Contractor shall be responsible to maintain the existing drip system and shall ensure it functions in the current state or greater Irrigation must be inspected weekly to be sure it is working properly.

3.1.21. The Contractor shall be responsible to repair or replace the drip system as needed to keep the drip system functioning properly at all times. Parts can be charged at cost.

3.1.21.1. Labor for minor repairs to the drip system are inclusive to this contract.

3.1.21.2. PVC and major repairs to the irrigation system must be quoted separately.

3.1.21.3. Contractor shall notify the ICA building manager immediately or their designee of any irrigation system issues/breaks/failures that could cause damage to plants, or trees or property.

3.1.21.4. The Contractor shall be responsible for any damages to existing watering systems that are caused by actions for their employees.

3.1.22. The Contractor shall be responsible for the removal of all foreign material, debris, refuse (inclusive of but not limited to trash, papers, cans, bottles, dead plants, etc.) found on the ICA ground by either placing in proper

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office containers or removal to landfill. Refuse shall not be left over night or weekends unless properly contained in refuse containers.

3.1.23. The Contractor shall not be permitted to bring or store any “off-site” refuse on to ICA property (i.e. the Contractor cannot transport refuse from other sites for storage on ICA property). The Contractor may supply refuse containers only upon receiving prior approval (to ensure all safety issues and locations are met) by the Industrial Commission’s authorized designee.

3.1.24. Phoenix property requires the parking area to be inspected and cleaned on a regular basis during each visit.

3.1.24.1. No blowing on Mondays or high pollution days.

3.1.24.2. All dirt, debris, and weed or tree clippings shall be removed from the property by the contractor at the end of their workday.

3.1.25. The Contractor shall take normal precautions and institute proper procedures for the control of weeds, insects, pests or disease and shall be responsible for all damages resulting from improper procedures or the failure to take normal precautions to control weeds, insects, pests or disease.

3.1.26. The Contractor shall use all pesticides in strict conformance with the manufacturer’s instructions as they appear on the label, or approved by the Arizona State Chemist. Pesticide(s) shall not be left unattended or not under lock and key. No pesticide shall be stored on the ICA premises.

3.1.27. The Contractor shall provide with its proposal the required SDS sheets along with the product names, formulas, and labels and antidotes covering all chemicals and pesticides planned to be used in the performance of this contract.

3.1.28. The Contractor’s and any duly permitted subcontractor’s vehicle and subcontractors’ vehicles and mobile equipment shall be clearly marked with the appropriate company name and/or logo.

3.1.29. The Contractor shall report to the building manager or their designee of any bee infestation and control other pests, which burrow, crawl, fly, nest, or otherwise reside on the work site. It shall be the Contractor’s responsibility to determine that method of control and to execute action as determined, with prior approval from the building manager or their designee.

3.2. Personnel:

3.2.1. Key Personnel shall include a Supervisor for Phoenix Locations and staff.

3.2.2. Supervisor shall be assigned to this contract. The name and phone number of the supervisor shall be provided to the ICA maintenance supervisor or designee.

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

3.2.3. The Supervisor shall perform a walk through inspection with the ICA building manager or their designee prior to any services.

3.2.4. The Supervisor shall demonstrate an understanding of the services and landscape maintenance required and expected by the ICA.

3.2.5. The Supervisor shall provide a weekly status report on the progress of the expected work to be performed on the property.

3.2.6. The Supervisor shall perform weekly site inspections with ICA Designee to ensure compliance to the requirements listed in this solicitation and any special instructions and/or specifications provided by ICA.

3.2.7. The Contractor shall notify ICA’s designated representative immediately of any occurrence or condition within the landscaped areas that interfere with the full performance of the contract to include by not limited to staff changes , product updates or changes that require updated SDS or service issues, and confirm it in writing within 24 hours.

3.2.8. The contractor shall provide one Full Time Employee for 6 hours a day Monday,Tuesday,Thursday and Friday between 6 am- 5pm. If additional time or staffing is needed to complete the scope of work, the contractor shall do so at no additional charge to the Industrial Commission of Arizona (ICA).

3.2.9. The Full Time Employee must have a minimum of three (3) years’ experience in grounds keeping maintenance and plant life experience.

3.2.10. The Full Time Employee must have experience with irrigation systems.

3.2.11. Contractor shall furnish and maintain a list of all personnel who may be utilized during the term of the contract; this list must be in the possession of the ICA designee before on-site mobilization.

3.2.12. All personnel shall be able to speak and write English.

3.2.13. All personnel shall wear the proper uniform (hats or shirts, etc.) that identifies the company they work for while on the ICA grounds.

3.2.14. Once assigned and approved, the ICA shall issue a set of facility access keys to main staff working on the property. The Contractor shall bear the cost of lost key replacement.

3.2.15. The Contractor shall not substitute or replace any assigned personnel without prior approval of the ICA or authorized designee.

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

3.2.16. All Contractor employees assigned to perform the required pest, insect and disease control services as approved by the State of Arizona Structure Pest Control Board shall conform to all application and other regulations of the board.

3.2.17. Work Schedules/Times

3.2.17.1. All work performed under this contract shall be done between the hours of 6:00a.m. and 5:00 p.m., Monday through Friday, excluding State Holidays and emergency calls unless authorized by the ICA building manager or their designee.

3.2.17.2. Weekend work approved by the agency will be considered regular working hours, not overtime work.

3.2.18. The contractor must provide documentation of training for all employees prior to working on the ICA property.

3.3. Quality Control and Assurance and Performance Requirements:

3.3.1. The contractor shall establish and submit a complete quality control program assuring that proper services are to be provided. A copy of the quality control program shall be provided with the Contractor’s Proposal.

3.3.2. The quality control program shall include outlined training information on the following:

● Tree Trimming

● Ladders

● All Portable Hand tools and Equipment

● Personal Protective Equipment

3.3.3. The Contractor’s maintenance program for Company Trucks and Equipment shall be provided with a proposal. In addition, the contractor shall maintain and make available upon request to ICA a copy of the Maintenance Program for Company Trucks and Equipment.

3.3.4. Contractor and all staff dedicated to service to this contract must complete Mandatory Safety Training with ADOSH prior to working on the ICA Property.

3.3.5. All of Contractors Performance shall be subject to inspection and approval of the ICA Building Manager or their designee. If the performance is deemed to be unsatisfactory based on the requirements of the SOW, the Contractor will be directed to provide adequate personnel or otherwise correct the unsatisfactory performance. Any cost to the Agency

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office directly related to the correction of unsatisfactory performance will be deducted from the Contractor’s billing.

3.4. Accident Prevention And Safety (Protection of the public and agency)

3.4.1. Voluntary Protection Program (VPP): The Industrial Commission of

Arizona (ICA) is a Voluntary Protection Program (VPP) site. VPP is a partnership program through the Arizona Division of Occupational Safety and Health. It is an initiative and practice that encourages private industry and federal agencies to prevent workplace injuries and illnesses through management and employee involvement, hazard prevention and control, worksite analysis, and training. As a VPP site ICA must act above and beyond with regards to safety and security.

3.4.1.1. The contractor will be held to these standards when on the property of ICA performing work.

3.4.1.2. If the contractor fails to meet these required standards, they will be issued a stop work order and be given a cure notice.

3.4.1.3. If the correction is not met in the prescribed timeframe the contract may be canceled.

3.4.2. The contractor shall, during the progress of work, take all precautions for the prevention of accidents.

3.4.3. Storm Services And Erosion Damage

3.4.3.1. Storm damage cleanup will be listed as a separate line item in this solicitation in the Pricing Sheet.

3.4.3.2. The Contractor shall respond no later than two (2) hours after notification by the Industrial Commission’s Building Manager or Designee. Should damage be noted, the Contractor shall have a crew on site within 24 hours from approval by the agency. All storm services must be completed during initial visit, however if return visit is required, the Contractor shall contact the Building Manager or their designee to verify and approve schedule.

3.4.3.3. The contractor shall comply with the criteria below for all debris caused by storms or other emergencies that cause unsafe conditions.

3.4.4. The contractor shall be responsible for the proper off-site disposal of all debris created by the storm services operations.

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

3.4.4.1. Erect and maintain all Barricades, cones and electric warning lights, approved by ICA’s authorized designee in order to guard the public against any impending danger.

3.4.4.2. Flare pots or similar fuel burning devices shall not be used.

3.4.4.3. Provide and maintain all barricades during the period of the contract.

3.4.4.4. Shall perform all related work in such a manner as to minimize any traffic interruptions.

3.4.4.5. Whenever possible, the Contractor should utilize parking lots or dirt areas for temporary parking of their vehicles and equipment.

The Industrial Commission' s authorized designee shall approve such areas.

3.4.5. Erosion problems and storm damage to trees, cactus, bushes, plants, flowers, sprinklers.

3.4.5.1. Traffic accidents and vandalism shall be reported to the agency by the Contractor on the day they are observed.

3.4.5.2. Erosion in the landscape area due to storm damage, traffic accidents and vandalism shall be the Agency’s responsibility.

3.4.5.3. Erosion caused by the Contractor’s employees and equipment, shall be the Contractor’s responsibility to repair as directed by Agency and subject to Agency approval. No additional payment will be made for this time.

3.5. Safety and OSHA Guidelines and Compliance:

3.5.1. The contractor shall be familiar with and operate within guidelines set forth by the Arizona Division of Occupational Safety and Health Standard.

3.5.2. The contractor shall ensure that all employees assigned to the Agency are knowledgeable of the current ADOSH guidelines affecting Landscaping Services.

3.5.3. The contractor shall provide the Industrial Commission (ICA) with their safety program. Provide the ICA with a Job Hazard Analysis (JHA) and employee training certifications which is directly related with the work being done by its workers and the procedures it will use to protect workers working at the Industrial Commission site, Emergency Procedures and Training documents. ADOSH or Special Service staff may conduct period inspection to include staff interviews.

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Solicitation No. BPM007310 Ground Keeping Services- ICA

Arizona Department of Administration State Procurement Office

3.5.4. For all operations requiring the placing and movement of the Contractor’s equipment the Contractor and their employees shall observe and exercise all necessary caution and discretion to avoid injury to persons, damage to property of any kind, and annoyance to or undue interference with the movement of the public and agency personnel.

3.5.5. All ladders, scaffolding, or other devices used to reach the surface of objects not otherwise accessible for the required cleaning operations, shall be of sound construction, firm and stable, and shall be maintained in good condition.

3.5.5.1. All such equipment shall be moved onto the areas where they are required, placed, shifted where necessary, and removed from the areas in such a manner as to provide maximum safety to persons and property in and around areas of cleaning operations.

3.5.5.2. All JSA or ladder safety programs must be provided to the Building manager prior to utilizing ladders.

3.5.5.3. Contractor shall provide copies of company OSHA 300 logs as requested to ICA Manager or designee.

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Special Terms and Conditions

Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office

The Special Terms and Conditions modify the Uniform Terms and Conditions. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

1. Definition of Terms: As used in the Contract, the terms listed below are defined as follows:

1.1. Acceptance: The document titled “Offer and Acceptance Form” bearing the state contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2. Accepted Offer:

1.2.1. If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

1.2.2. If State requested a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

1.2.3. If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3. [Reserved]

1.4. Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.)

R2-7-101 et seq. There is additional information in the Solicitation Instructions regarding how to access these state statutes and rules.

1.5. Arizona Risk and Authorization Management Program (AZRAMP): is used by the Arizona Department of Homeland Security to evaluate Cloud services and Contractors that will transfer, process, or store state data outside of state-managed or controlled networks, and has three levels of control review:

1.5.1. AZRAMP Level 1 Prerequisite: 35 Controls

1.5.2. AZRAMP Level 2 Low Impact: Public Data Classification

1.5.3. AZRAMP Level 3 Moderate Impact: Confidential Data Classification

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office

1.6. Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona

Department of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt

1.7. Attachment. Any item that:

1.7.1. The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer, Revised Offer, or Best and Final Offer);

1.7.2. Was attached to an Offer when submitted; and

1.7.3. Was included in the Accepted Offer.

1.8. Cloud Services: Cloud or Cloud Services means any Software as a Service (SaaS), Infrastructure as a Service (IaaS), or Platform as a Service (Paas) involving the transfer, processing, or storage of state Data outside the control of state-managed and controlled networks.

1.9. Contract Terms and Conditions: The Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.10. Contractor: The Person identified on the Accepted Offer who has entered into the Contract with the State.

1.11. Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.12. Co-Op Buyer: A member of the State Purchasing Cooperative that has entered into a “Cooperative Purchasing Agreement” with the Arizona Department of Administration State Procurement Office under A.R.S. § 41-2632. Unless there is an applicable Cooperative Purchasing Agreement in effect at the time, a State Purchasing Cooperative member cannot be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as encompassing an “eligible procurement unit” under A.A.C. R2-7-101(23).

NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions, including cities, counties, school districts, and special districts. Membership is also available to non-profit organizations, other state governments, the federal government and tribal nations. For reference, “non-profit organizations” are defined in A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the I.R.S. under Section 501(c)(3) through 501(c)(6) of the tax code.

1.13. Data Breach: Data Breach is used herein as defined as stated in A.R.S. Title 18, chapter 5, article 4 (Data Security Breaches), or in any relevant state or federal standard, to indicate an unauthorized acquisition of and unauthorized access that materially compromises the security or confidentiality of unencrypted and unredacted computerized

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office personal information maintained as part of a database of personal information regarding multiple individuals.

1.14. Eligible Agency:

1.14.1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

1.14.2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

1.14.3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any State of Arizona department, agency, university, commission, board, or any Co-Op Buyer.

1.15. Federal Risk and Authorization Management Program (FedRAMP): A federal government program that provides a standardized approach to security assessment, authorization, and continuous monitoring specifically for Cloud products and services relied upon by federal entities that store, process and transmit federal information.

1.16. Instructions to Offerors: The Solicitation Instructions document of the Solicitation.

1.17. [Reserved]

1.18. Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a Contractor to perform some or all of the Work. Whether the Contract will have one Order or many Orders depends on the scope of the Contract and how the State will use it. The Special Terms and Conditions provide that information. Any of the following are construed as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.

1.19. State’s eProcurement System: The State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy document Technical Bulletin No. 020, The State’s eProcurement System–The Official State eProcurement System. Technical Bulletin No. 020 is available online at:

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

1.20. State: With respect to the Contract generally, “State” means the State of Arizona and its department, agency, university, commission, or board that has executed the Contract.

With respect to administration or rights, remedies, obligations and duties under the

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office

Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.

1.21. State Indemnitees: Collectively, the State of Arizona, its departments, agencies, universities, commissions, and boards and, and their respective officers, agents, and employees.

1.22. StateRAMP: A non-profit organization that provides a uniform approach to verifying that the cybersecurity of Cloud service providers (CSPs) meets the standards and regulations needed to do business with state and local governments.

1.23. Work: The totality of the Materials and the Services and all the acts of administration, creation, production, and performance necessary to fulfill and incidental to fulfilling all of Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws.

1.24. Post Award Requirements Of Contractor

1.24.1. Attend Kick off meetings and all other required Meetings: The Building Project Manager will schedule all meetings that will be held at the contracting agency's headquarters office in Phoenix unless otherwise indicated by the agency. These include but not limited to:

1.24.1.1. Post-award planning meeting before the start of any work on this contract.

1.24.1.2. All Key personnel and employees that will work on this contract shall be present to review contract specifics and other site specific information.

1.24.1.3. Prior to starting work on the project, Contractors must participate in a 15 minute safety meeting, led by the Facilities Manager, Project Manager, or their designee.

2. Contract Interpretations

2.1. Usage. Where the Contract:

2.1.1. assigns obligations to Contractor, any reference to “Contractor” is to be construed to be a reference to the Contractor and all Subcontractors, whether they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or sub-consultants, as well as all of Contractor’s and the Subcontractor’s respective agents, representatives, and employees in every instance unless the context plainly requires that it is a reference only to Contractor as apart from Subcontractors.

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office

2.1.2. uses the permissive “may” with respect to a party’s actions, determinations, etc., the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity of intent, any right given to State using “State may” or a like construction denotes discretion and freedom to act so far as any regulatory or operative constraints permit in the relevant circumstances, provided that: (a) where written “may, at its discretion,” the discretion extends to whatever is most advantageous to State; and (b) where written only as “may,” the discretion is constrained by what is fair, reasonable, and as accommodating of the respective best interests of both parties as practicable under the circumstances;

2.1.3. uses the imperative “shall” with respect to a party’s actions, duties, etc., the term is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the phrase “shall not” is to be interpreted as an imperative prohibition.

2.1.4. uses the term “must” with respect to a requirement, criterion, etc., the term is to be interpreted as conveying compulsion or strict necessity;

2.1.5. uses the term “might” with respect to an event, outcome, action, etc., the term is to be interpreted as conveying contingency or non-discretionary conditionality; and

2.1.6. uses the term “will” or the phrases “is to be” or “are to be” with respect to an event, outcome, action, etc., the term or phrase is to be interpreted as conveying such certainty or imperativeness that “shall” is either unnecessary or irrelevant in that instance.

2.2. Contract Order of Precedence

2.2.1. Complementary Documents. All of the documents forming the Contract are complementary. If certain work, requirements, obligations, or duties are set out only in one but not in another, Contractor shall carry out the Work as though the relevant Work, requirements, obligations, or duties had been fully described in all, consistent with the other documents forming the Contract and as is reasonably inferable from them as being necessary to produce complete results.

2.2.2. Conflicts. In case of any inconsistency, conflict, or ambiguity among the documents forming the Contract and their provisions, they are to prevail in the following order, descending from most dominate to most subordinate, provided that, among categories of documents or provisions having the same rank, the document or provision with the latest date prevails. Information being identified in one document, but not in another, is not to be considered a conflict or inconsistency.

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office

2.2.2.1. Contract Amendments;

2.2.2.2. The final Solicitation Documents, in the following order:

(1) Special Terms and Conditions;

(2) Exhibits to the Special Terms and Conditions;

(3) Uniform Terms and Conditions;

(4) Scope of Work;

(5) Exhibits to the Scope of Work;

(6) Specifications; and

(7) Any other documents referenced or included in the

Solicitation;

2.2.2.3. Orders, in reverse chronological order; and

2.2.2.4. Accepted Offer.

2.2.3. Attachments and Exhibits. For clarity of intent, if an item was an Attachment in the Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or Accepted) and was subsequently made into an Exhibit, or its content was incorporated into one of the other Contract documents, then that Attachment no longer exists contractually as an “Attachment” since it has at that point been made into some other Contract document. In every other case, an Attachment and the Offeror Data therein remain part of the Accepted Offer for purposes of precedence and contractual effect.

3. Contract Administration and Operation

3.1. Term of Contract. The term of the Contract will commence on the date indicated on the Acceptance and continue for twelve (12) months unless canceled, terminated, or permissibly extended.

3.2. Contract Extensions. State may at its discretion extend the initial Contract term in increments of one (1) or more months and do so one or more times, provided that the maximum aggregate term of the Contract including extensions cannot exceed the maximum aggregate term of five (5) years.

3.3. Notices and Correspondence

3.3.1. To Contractor. State shall address all Contract correspondence other than formal notices to the email address indicated as “Default for Type” for

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office

“General Mailing Address” in Contractor’s corresponding State’s eProcurement System Vendor Profile; and address any required notices to Contractor to the “Contact Name and Title” at the “Mailing Address” indicated on the Accepted Offer, as that address might have been amended during the term of the Contract.

3.3.2. To State. Contractor shall address all Contract correspondence other than formal notices to the email address indicated in “Contact Instructions” in the State’s eProcurement System Summary for State; and address any required notices to State via email to the Procurement Officer identified as “Purchaser” in the State’s eProcurement System and via mail to the following mailing address:

Industrial Commission of Arizona Attn: Janine Locke

800 W. Washington St Phoenix AZ 85007

3.3.3. Changes. State may change the designated Procurement Officer, update contact information, or change the applicable mailing address.

3.4. Signing of Contract Amendments. Contractor’s counter-signature (or “approval” in the State’s eProcurement System, in the case of an amendment) is not required to give effect if the Contract Amendment only covers either:

3.4.1. extension of the term of the Contract within the maximum aggregate term; or

3.4.2. modifications of a clerical nature that have no effect on terms, conditions, price, scope, or other material aspect of the Contract.

In every case other than those listed in 3.4.1 and 3.4.2 above, both parties’ signatures (or “approval” in the State’s eProcurement System in the case of an Amendment) are required to give it effect.

3.5. Click-through Terms and Conditions. If either party uses a web-based ordering system, an electronic purchase order system, an electronic order acknowledgement, a form of an electronic acceptance, or any software based ordering system with respect to the Contract (each an “Electronic Ordering System”), the parties acknowledge and agree that an Electronic Ordering System is for ease of administration only, and Contractor is hereby given notice that the persons using Electronic Ordering Systems on behalf of State do not have any actual or apparent authority to create legally binding obligations that vary from the terms and conditions of the Contract. Accordingly, where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an Electronic Ordering System, any such

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office terms and conditions are deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services, those terms and conditions will also be void.

3.6. Books and Records

3.6.1. Retain Records. In addition to the audit rights detailed in the Uniform Terms and Conditions, State also requires that, pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to any cost and pricing Data submitted in satisfaction of § 41-2543 for the period specified in the statute.

3.6.2. Usage Information. Additionally, any and all information (including, but not limited to, documentation or Data) related to Eligible Agency and Co-Op Buyer usage retained solely within the Contractor’s system (for example, related to punch-out or Contractor catalog sales) shall be considered public information or information that can be shared with and distributed by the State freely and for any purpose under the State’s government purpose rights detailed in Section 3 of the Uniform Terms and Conditions [Ownership of Intellectual Property]. Any modifications to this Contract notwithstanding, the State shall have free use of any and all information related to Eligible Agency or Co-Op Buyer purchasing. Upon request by the State, Contractor shall promptly provide the State with any usage information requested and shall not attempt to limit the State's use in any way.

3.6.3. Right To Audit. The retained books and records are subject to audit by State during that period. Pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to performance under the Contract for the period specified in the statute and those retained books and records are subject to audit by State during that period.

3.6.4. Auditing. Contractor or Subcontractor shall either make all such books and records under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable times or produce the records at a designated State office on State’s demand, the choice of which being at State’s discretion. For the purpose of this paragraph, “reasonable times” are during normal business hours and in such a manner so as to not unreasonably interfere with normal business activities.

3.7. Subcontract

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office

3.7.1. Initial list. At the time of Contract execution, Contractor’s candidate

Subcontractors were identified in Attachment Proposed Subcontractors to the Accepted Offer [Proposed Subcontractors]. Agreeing to them being included in the Accepted Offer signified Procurement Officer’s advance consent for Contractor to enter into a Subcontract with each candidate, which Contractor shall do as promptly as necessary to ensure its ability to carry out the Work in a timely manner.

3.7.2. Additional names. Contractor shall not enter into a Subcontract to perform Work under the Contract, without first obtaining Procurement Officer’s written consent with any prospective Subcontractor that (a) was not listed on the Attachment Proposed Subcontractors at time of Contract execution or (b) is for any Materials or Services categories other than the ones for which they were previously consented. For either case (a) or (b), Contractor shall submit a written request sufficiently in advance of the need date for those materials or services so that performance under the Contract is not impaired.

Procurement Officer may request any additional information he or she determines is necessary to assess the submittal, and may withhold consent pending it. Approval of additional subcontractors shall be added to the Contract by a bilateral Contract Amendment.

3.7.3. Flow-down. Contractor shall incorporate the provisions, terms, and conditions of the Contract into every Subcontract by inclusion or by reference, as appropriate. When making any post-execution consent requests, Contractor shall include its warrant that it will do the same for the pending Subcontracts covered by the request. Entering into Subcontracts will not relieve Contractor of any of its obligations or duties under the Contract, including, among other things, the duty to supervise and coordinate the work of Subcontractors.

Nothing contained in any Subcontract will create or is to be construed as creating any contractual relationship between State and the Subcontractor.

3.8. Orders

3.8.1. Order Sufficiency. The Contract was awarded in accordance with the Arizona Procurement Code; the transactions and procedures required by the Arizona Procurement Code for competitive source selection have been met. An Order issued that cites the correct State contract number will suffice to authorize the Contractor to provide the Materials and perform the Services covered by that Order.

3.8.2. Order Terms. All Orders are subject to the Contract Terms and Conditions; an Order cannot modify the Contract Terms and Conditions. Any Contractor

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Solicitation No. BPM007310 Ground Keeping Services-ICA

Arizona Department of Administration State Procurement Office terms added to quotes or otherwise unilaterally added to Eligible Agency or Co-Op Buyer Orders are null and void.

3.8.3. Orders are Obligatory. Until the expiration or earlier termination of the Contract, State may issue and Contractor shall accept Orders that make proper reference to the Contract and are permissible hereunder, provided that, Contractor is not obliged to accept any Order that is not consistent with the then-current pricing, lead times, specifications, or payment provisions of the Contract. Contractor shall fulfill and complete any Orders that are begun but not yet completed as of expiration or earlier termination of the Contract unless State instructs otherwise at the time.

3.8.4. No Minimums or Commitments. (a) Contractor shall not impose any minimum dollar amount, item count, services volume, or services duration on Orders;

(b) State makes no commitment of any kind concerning the quantity or monetary value of activity actually initiated or completed during the term of the Contract; (c) Contractor shall only deliver or perform as authorized by Orders; and (d) State is not limited as to the number of Orders it may issue for the Contract. For clarity of intent, the foregoing applies equally whether an Eligible Agency issues the Order or, if applicable, a Co-Op Buyer issues it.

3.8.5. Non-contracted Materials or Services. Any attempt to knowingly represent for sales, marketing, or related purposes that Materials or Services not specifically awarded are under a State contract is a violation of the Contract and law.

3.9. Order Cancellations. State may cancel Orders within a reasonable period after issuance and at its discretion. The same method used for ordering will be used for cancellation.

3.9.1. If State cancels an Order, then State shall:

3.9.1.1. pay Contractor for any portion of the Materials and Services from that Order that have been…