1-Special Terms Conditions and Additional Requirement.dotx.pdf

Procurement Division

Request For Bid (RFB)

Project: Cleanup, Boarding and Securing Buildings

Ref #: RFB-26-109

August 29, 2024

Public opening to be conducted via Microsoft Teams at 11:10 AM MST Teams: Click here to join the meeting Meeting ID: 250 375 466 245 Passcode: GNHyjB

All City of Yuma solicitations are accessed through the City’s Procurement Portal1 (Portal). A schedule of events and all other information pertaining to the solicitation are located in the Portal. Bid submittal assistance is available at Support@gobonfire.com, Monday through Friday, 8AM to 8PM, EST.

1. SPECIAL TERMS AND CONDITIONS

1.1. AWARD OF BID: The City reserves the right to award the contract resulting from this solicitation to the lowest responsive and responsible bidder who meets all specifications and requirements set forth in this document. The determination of the lowest responsive and responsible bid will be based on the total bid price for the work outlined in the Scope of Work.

1.2. BRAND NAMES: Unless otherwise specified, the mention of a particular manufacturer’s brand name or number in the specifications does not imply that this particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type of quality of merchandise that will be acceptable. Alternate offers will be considered and must include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with alternate offers may be considered non-responsive.

1.3. COOPERATIVE USE OF CONTRACT: The City of Yuma, Arizona has entered into interactive purchasing agreements with other political subdivisions, cities and towns in order to conserve resources, reduce procurement costs, and improve the timely acquisition and costs of goods or services. The Bidder(s) to whom this contract is awarded may be requested by other parties to said interactive purchasing agreements to extend to those parties the right to purchase goods or services provided by the Bidder(s) under this contract, pursuant to the terms and conditions stated herein.

1.4. EXPANSION CLAUSE: This contract may be further expanded to include any other item normally offered by the Contractor, as long as the price of such additional products is based on the same cost/profit formula as the listed items.

1.5. INSURANCE: Before the commencement of any services, the Bidder shall name the City, and its employees as Additional Insured on all required insurance policies, except Workers’ Compensation. Any insurance carried by the City, and its employees, is excess coverage, and non-contributory coverage to include endorsements provided by the Bidder. All insurance policies are subject to approval by the City.

Failure to provide required coverage and failure to comply with the terms and conditions of this Agreement shall not waive the contractual obligations herein.

Moreover, failure to provide evidence of required insurance as set forth below shall delay payment for services rendered. If the policy or policies are canceled or not renewed, the insurance company shall provide thirty (30) days written notice to the City prior to the effective date of such cancellation or termination.

The Certificate Holder must be named as follows: City of Yuma, Yuma, Arizona

1 https://yumaaz.bonfirehub.com/portal/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTNlNWExZGYtZDJkYS00YWZlLTkxODEtMWZkYTFlZGIzZDVm%40thread.v2/0?context=%7b%22Tid%22%3a%224e49d791-03db-4828-89dc-e44f935572f2%22%2c%22Oid%22%3a%22b41e605e-c234-470e-9208-b74f9b491bb8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTNlNWExZGYtZDJkYS00YWZlLTkxODEtMWZkYTFlZGIzZDVm%40thread.v2/0?context=%7b%22Tid%22%3a%224e49d791-03db-4828-89dc-e44f935572f2%22%2c%22Oid%22%3a%22b41e605e-c234-470e-9208-b74f9b491bb8%22%7d mailto:Support@gobonfire.com https://yumaaz.bonfirehub.com/portal/

All certificates are to be emailed to: purchasingweb@yumaaz.gov

A. Commercial General Liability

The policy shall include bodily injury, property damage, personal injury, and broad form contractual liability, and at least the minimum limits of the following:

• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $ 500,000

• Personal and Advertising Injury $ 500,000

• Blanket Contractual Liability – Written and Oral $ 500,000

• Fire Legal Liability $ 50,000

• Each Occurrence $1,000,000

The policy shall be endorsed to include the following additional language: “The City of Yuma, its officials, officers, employees, and agents shall be named as additional insured’s with respect to liability arising out of the activities performed by the Bidder”.

All policies shall contain a waiver of subrogation against the City, its officials, officers, employees, and agents for losses arising from work performed by or on behalf of the Bidder.

B. Business Automobile Liability

The policy shall include bodily injury and property damage for any owned, hired, leased, borrowed, and/or non-owned vehicles used in the performance of this Agreement.

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

If hazardous materials or wastes are transported, CA 9948 endorsement must be included and $3,000,000.00 per accident, limits for bodily injury and property damage will apply.

The policy shall be endorsed to include the following additional insured language: “The City of Yuma its officials, officers, employees, and agents shall be named as additional insured’s with respect to liability arising out of the activities performed by or on behalf the Bidder involving automobiles owned, leased, hired, borrowed, and/or non-owned by the Bidder”.

The policy shall contain a waiver of subrogation against the City, its officials, officers, employees, and agents for losses arising from work performed by or on behalf the Bidder.

C. Worker’s Compensation and Employers’ Liability

• Workers’ Compensation: Statutory

• Employers Liability Each Accident $100,000 Disease – Each Employee $100,000 Disease – Policy Limit $500,000

The Bidder shall require sub-Bidders to provide Worker’s Compensation and Employer’s Liability with at least as much coverage as that provided by the Bidder.

All policies shall contain a waiver of subrogation against the City, its officials, officers, employees, and agents for losses arising from work performed by or on behalf of the Bidder.

D. The polices of insurance required under this section are to be primary insurance policies and any insurance policy maintained by the City is considered excess insurance. The existence mailto:purchasingweb@yumaaz.gov of excess insurance policies should in no way be construed to limit the requirements of insurance described herein.

In the event, any of the above insurance policies are written on a “claims made” basis, coverage must extend for three years past completion and acceptance of the work or services as evidenced by annual Certificates of Insurance.

1.6 TERM: This contract will be renewable for four (4) additional one-year terms, one year at a time.

It will be the vendor's responsibility to notify City of any price change 30 days prior to the anniversary date of contract renewal. Failure to do so may result in the denial of any increase requested. The contract will automatically be renewed annually at the same price(s) if no request has been received.

1.7 MULTIPLE AWARDS: The City has numerous departments that could become potential customers. In order to assure that any ensuing contracts will allow the City to fulfill current and future requirements, the City reserves the right to award contracts to multiple companies. The actual utilization of any contract will be at the sole discretion of the City. The City may make multiple awards and should be taken into consideration by each Bidder.

1.8 NO REPRESENTATION OF COVERAGE ADEQUACY: By requiring insurance herein, the City does not represent that coverage and limits will be adequate to protect Contractor. The City reserves the right to request and review any and all complete insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in the Contract Documents or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to always maintain the required insurance during the performance of the Contract.

1.9 PRICE REDUCTION: If the contracted price is higher than the current Fair Market Value for the commodity, the City of Yuma may request the awarded Bidder(s) to reduce the price to the current Fair Market Value. The current awarded Bidder may offer to the City of Yuma a price reduction adjustment at any time during the term of contract. The price reduction adjustment will become effective upon the City’s receipt of notice.

1.10 PRICE ADJUSTMENT: The City’s Purchasing and Contracts Manager and the user department will review documented requests for price increases after any contract has been in effect for one year. Any general price increase adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The City Purchasing and Contracts Manager will determine whether the requested price increase or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the date of the contract extension.

2. Additional Requirements

2.1. PROJECT DESCRIPTION: The City of Yuma (hereinafter referred to as the "City") is seeking bids from experienced and qualified contractors (hereinafter referred to as "bidders" or "contractors") to perform “Cleanup, Boarding and Securing Buildings” on an on-call, as-needed basis. This contract provides for indefinite delivery and indefinite quantity of services for cleanup, boarding and securing of buildings.

The services and tasks to be performed include the furnishing of all labor, materials, tools, equipment, supplies, tasks and incidental and customary work necessary to competently perform the cleanup, boarding and securing of buildings. These services are intended to protect public safety, prevent unauthorized access, and mitigate further property deterioration.

Services may include but not limited to:

2.1.1. Emergency response of no later than 4 hours of boarding up of windows, doors, and other openings using plywood or polycarbonate panel to prevent unauthorized entry.

2.1.2. Removal and lawful disposal of trash, debris, and hoarded items from both exterior and interior areas, including hazardous materials such as human or animal waste.

2.1.3. Vegetation control: trimming or removal of overgrown trees, bushes, weeds, and grass down to dirt.

2.1.4. Providing and installing temporary orange plastic rolled fencing with proper staking.

2.1.5. Providing and installing temporary chain link panels (6’ high by 8’ wide)

2.1.6. Providing a generator when power is unavailable.

2.2. MINIMUM QUALIFICATIONS: Each Bidder must, at a minimum, meet and maintain the qualifications or requirements listed in the following sections. Sections specifying Bidder action will do so on Qualification Questionnaire #Q-16CO.

2.2.1. Prior to award, the Bidder must possess a City of Yuma business license.

2.2.2. Bidder shall contain at least one of the following licenses through the Arizona Registrar of Contractors:

2.2.2.1. B: General Residential Contractor

2.2.2.2. B-1: General Commercial Contractor

2.2.2.3. B-2: General Small Commercial Contractor

2.2.2.4. KB-1: Dual Building Contractor (Residential and Commercial)

2.2.2.5. KB-2: Dual Residential and Small Commercial Contractor

2.2.2.6. R-61: Carpentry, Remodeling and Repairs

2.2.3. Knowledge of Regulatory Requirements: Contractor must be well-versed in all applicable local, state, and federal regulations related to the cleanup, boarding, and securing of buildings, including compliance with the 2018 International Property Maintenance Code and International Building Code as adopted by the City of Yuma.

This includes understanding and adhering to environmental regulations for the lawful disposal of debris and hazardous materials, safety standards for demolition and structural work, fire codes relevant to securing vacant or unsafe structures, and obtaining all necessary permits and approvals for demolition, utility disconnection, and structural modifications.

2.2.4. Safety Protocols and Training: Bidder should have comprehensive safety protocols in place to protect workers, the public, and neighboring properties while performing the Services. Additionally, their staff should receive appropriate safety training and certifications.

2.2.5. All personnel employed by the Bidder shall be trained, licensed and insured, as required.

2.2.6. Successful Bidder agrees to abide by and comply with the current federal, state, and local laws, rules, regulations, and ordinances governing Cleanup, Boarding and Securing Services, such as: Occupational Safety Hazards Association (OSHA) and Environmental Protection Agency (EPA), Arizona Registrar of Contractors, City of Yuma Building Safety Division, etc. or revisions occurring after award. In addition, the successful Bidder shall ensure that any subcontractor performing under this contract complies with all applicable laws, rules, regulations, and ordinances while performing services under this agreement.

2.3. VENDOR EMPLOYEES:

2.3.1. Bidder employees shall be required to wear a clean uniform bearing the Bidder’s company name and/ or logo. All employees shall conduct themselves in a professional and courteous manner.

2.3.2. Bidder employees are not to be accompanied in the work area by acquaintances, family members, or any other person unless said person is an authorized Bidder employee.

2.4. WORK AREA: It shall be the Bidder’s sole responsibility to ensure the work area is always maintained in a safe and secure condition. The Bidder shall carry on the services in such a manner that damage is not inflicted to existing residential structures, facilities, grounds, utilities or other structures. In the event Bidder causes damage not intended by, Bidder shall replace or repair the same at no cost to the City as directed by the City’s Code Enforcement Manager.

2.5. EQUIPMENT: The Bidder shall provide and maintain during the entire period of this contract, equipment sufficient in number, operational condition, and capacity to efficiently perform the work and render services required by this contract. This includes “back-up” equipment to provide uninterrupted service when equipment breakdown occurs.

Equipment used in the execution of this contract shall comply with all applicable local, state, federal, and tribal laws, statues, ordinances, rules and regulations, and the acts, codes orders and decrees on any administrative bodies, councils or tribunals.

All vehicles must be maintained in good repair, appearance, and conditions at all times.

Equipment, machinery, component, or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment.

The City reserves the right to inspect equipment at any time and require the replacement of any that does not meet the minimum serviceability standards. Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment.

2.6. SUSPENSION OF WORK: The Bidder is required to suspend operations if there are concerns regarding structural instability, the discovery of hazardous materials, utility disruptions, adverse weather conditions, or any other potential risks that could endanger bidder employees, staff, or citizens. In the event of such a suspension, it is the Bidder's responsibility to promptly notify the Code Enforcement Manager.

The Code Enforcement Manager has the authority to suspend work operations at any time if, in their judgment, existing or impending weather conditions would make it unsafe or ineffective to continue work.

The Code Enforcement Manager or designated city staff shall immediately suspend operations when observed work performance is in violation of safety rules, regulations, or practices.

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

2.7. SAFETY: The Bidder shall suspend operations if worksite or working conditions are as such that work operations cannot be carried out in a safe and effective manner or will pose an environmental hazard. If such suspension occurs, the Bidder shall immediately notify the designated personnel, as indicated on the Purchase Order.

The designated personnel staff may suspend work operations at any time, when in their judgement, present or impeding weather conditions are such that the work cannot be carried out in a safe and effective manner.

The designated personnel staff shall immediately suspend operations when observed work performance is in violation of safety rules, regulations or practices. Violation of safety rules, regulations or practices may be considered grounds for termination of the contract.

2.8. PRICING: Contractor to provide their rate on BidTable BT-29GL as required:

2.8.1. Boarding: The price shall include all associated costs, including but not limited to direct and indirect labor, overhead, and materials. The bidder’s rate shall be based solely on the square foot price; hourly rates shall not be used when boarding services are requested.

2.8.2. Cleanup Hourly Rate: The Contractor shall provide all labor, tools, equipment, transportation, and cover any applicable disposal fees. Compensation shall be based on an hourly rate.

2.8.3. Generator Rate: The Contractor shall furnish a generator and fuel to supply power as needed. The rate shall be charged on an hourly basis.

2.8.4. Temporary Fencing: The Contractor shall provide temporary fencing, including high visibility rolled plastic safety fencing and 6’ H x 8’ W metal chain link panels. The rate shall be calculated per linear foot and shall include installation and coverage for the full duration of each project.

2.9. DEBRIS MANAGEMENT: All materials, debris, and waste generated during the Services shall be disposed of through proper channels in compliance with applicable regulations and local waste management guidelines. The bidder shall be responsible for the safe and responsible disposal of all materials, ensuring that they are transported to approved disposal sites. Any costs associated with the lawful disposal of materials shall be the sole responsibility of the bidder.

2.10. MONITORING CONTRACT COMPLIANCE: The Building Safety Division will utilize a contract compliance function to ensure that the City receives all contracted services and that the Bidder is paid promptly and full for work performed to the City’s satisfaction.

2.10.1. The Building Safety Division Responsibilities for Monitoring Contract Compliance shall be:

Code Enforcement Supervisor is responsible for routine direct coordination with the Bidder, requesting service, providing or coordinating access to worksites for the Bidder’s employees when necessary, providing technical assistance, support, monitoring of Bidder’s performance, discussion for overall contract administration and compliance, documenting contract performance, and coordination with the City’s Procurement Division.

2.10.2. Monitoring Bidder Performance: The Building Safety Division will utilize the following steps when monitoring Bidder performance:

2.10.2.1. On-Site Monitoring: The Code Enforcement Supervisor shall monitor Bidder performance at any time during any service, through the use of observation, discussion, and technical assistance, and may use the contract, personal expertise and judgement, inspection, observation and outside independent third-party review to draw conclusions about the performance of the Bidder.

2.10.2.2. Inspection of Equipment, Parts, Materials, and Supplies: The Code Enforcement Supervisor may conduct inspection or testing of any and all equipment, parts, materials, or provided by the Bidder to verify contract requirements regarding compliance with manufactures’ specifications.

2.10.2.3. Equipment Testing and Performance: The Code Enforcement Supervisor may independently or have tested by an outside third-party to verify equipment specification and performance. The performance of equipment provided by the Bidder shall be key indicator of Bidder performance.

2.10.2.4. Independent Inspection of Audit: Notwithstanding any audit clause in this contract, the Code Enforcement Supervisor may at any time conduct a review, inspection or audit of the Contractors work or performance related to any contract requirement.

2.10.3. Correcting Vendor Performance: The Bidder will adhere and cooperate with the following process and steps to document and correct performance issues. These steps will be in addition to any other standard contractual remedies. It is the intent of these steps to resolve performance-related matters to the full satisfaction of the Code Building Safety Division, thereby ensuring that the interests of the City are protected.

2.10.3.1. Informal Discussion: The Code Enforcement Supervisor shall attempt to promptly and informally resolve non-critical contract performance issues at the first level through a discussion with the on-site Contractor employee.

2.10.3.2. Notification to Building Safety Division: If in the judgement of the Code Enforcement Supervisor the performance is of a repetitive, serious or critical nature, or a first level information discussion has not resolved a non-critical issue, the Code Enforcement Supervisor shall notify the Code Enforcement Manager.

2.10.3.3. Reporting Deficient Performance to the Bidder: The Code Enforcement Supervisor will forward copies of written performance comments (Vendor Performance Report) to the Code Enforcement Manager, requesting follow-up action on the part of the Contractors Representative to resolve the performance matter.

2.10.3.4. Consultation with the Bidder: The Contractors designated management representative shall at the request of the Code Enforcement Manager and Procurement Agent meet to discuss and resolve noted instances of deficient contract performance. The purpose of this step is to formally give the Contractor the opportunity to correct. A member of the Procurement Division shall be in attendance. The Contractor shall respond said deficiencies in a formal response detailing corrective action.