4-Special Terms Conditions and Additional Requirement.pdf

Procurement Division

Request For Bid (RFB)

Project: Drone Light Show Services for America’s 250th Anniversary Celebration

Ref #: RFB-26-162

August 2023

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. One-Time Event Contract: Bidder will hold firm, fixed pricing for all goods and services provided for the Americas 250 Celebration event. All deliveries must be made to the designated event location as specified by the City, at no additional cost. This contract applies solely to this event and does not extend beyond the completion of the Americas 250 Celebration. The Bidder shall provide firm, fixed pricing for all goods and services related to the Drone Light Show for the America’s 250 Celebration event. All equipment, personnel, and materials must be delivered, installed, and removed at the designated event location as specified by the City, at no additional cost to the City.

This contract is exclusive to this one-time event and shall not extend beyond the completion of the drone show performance for the America’s 250 Celebration. No additional obligations or commitments shall be implied or inferred beyond the scope of this event.

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. 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.

1.4. 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.

1.5 TERM: This contract is valid solely for the duration of the Americas 250 Celebration event and will not be renewed or extended beyond the completion of the event.

2. Additional Requirements

2.1. BACKGROUND: The City of Yuma (hereinafter referred to as the "City") is seeking proposals from experienced and qualified vendors (hereinafter referred to as "bidders" or "contractors") to provide Drone Light Show Services (Services) for the City’s upcoming celebration of America’s 250th Anniversary.

To commemorate 250 years of American independence, the City will host “Yuma Salutes America 250 – A Star-Spangled Celebration,” a large-scale, live outdoor event scheduled for Saturday, April 18, 2026, from 3:00 PM to 11:00 PM at Ray Kroc Sports Complex, located at 1280 W. Desert Sun Dr., Yuma, AZ. The event will feature three high-profile musical performances across genres such as country, blues, and rock, and is expected to draw a crowd of over 5,000 attendees.

As a highlight of the evening, the City intends to incorporate a professionally choreographed drone light show to serve as a visually stunning and environmentally friendly alternative to traditional fireworks. The selected contractor will be responsible for the full execution of the drone show, including but not limited to: flight planning, FAA compliance, programming and synchronization with music, on-site setup and teardown, safety protocols, and contingency planning.

The City seeks a vendor with demonstrated expertise in delivering high-quality drone light shows for large public events, with a strong emphasis on safety, creativity, and audience impact.

2.2. MINIMUM QUALIFICATIONS: Bidder must, at a minimum, meet and maintain the following verifiable qualifications and requirements for Drone Light Show Services. Bidder is to address these qualifications and requirements in Questionnaire Q-78CY and in the Requested Information Section on Bonfire:

2.2.1. Prior to award, the Bidder must possess a City of Yuma business license. All Bidders awarded contracts with the City that come on City property to conduct business or perform services shall be required to obtain a City of Yuma Business License. For further information, email businesslicenses@YumaAz.gov or call (928) 373-5074.

2.2.2. Demonstrable Experience: The Bidder should have a minimum of three years of experience in successfully managing and executing at least 10 light shows or similar live events.

2.2.3. Technical Expertise: The Bidder should possess a strong understanding and demonstrated experience in the planning, programming, and execution of drone light shows for large-scale public events. Bidders must be able to provide examples of past drone shows they have successfully executed, including details such as the number of drones deployed, duration of the show, synchronization with music or narration, and any unique visual elements or animations created.

Additionally, the Bidder should demonstrate familiarity with industry-standard drone show software platforms used for flight path programming, 3D animation design, and real-time show control. Knowledge of FAA regulations, airspace coordination, and safety protocols is essential. The Bidder should also be able to describe their approach to risk mitigation, redundancy systems, and contingency planning in the event of technical or weather-related challenges.

2.2.4. Client References: The Bidder should provide at least three client references from previous drone light show projects. These references should confirm the Bidder's professionalism, reliability, and the successful completion of projects within budget and timeline constraints.

2.2.5. Certifications or Training: It is preferred that the Bidder have at least one team member who holds a recognized certification or has completed formal training related to drone operations, aerial choreography, or unmanned aircraft systems (UAS). Acceptable credentials may include, but are not limited to, FAA Part 107 Remote Pilot Certification, certifications from the Association for Uncrewed Vehicle Systems International (AUVSI), or training from other reputable organizations specializing in drone light show production and aerial display safety.

If applicable, documentation of certifications or training should be uploaded under the Requested Information section of the Bonfire Portal.

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

2.2.7. The successful Bidder agrees to abide by and comply with all applicable federal, state, and local laws, rules, regulations, and ordinances governing drone operations and aerial display services. This includes, but is not limited to, regulations set forth by relevant governing agencies such as the Federal Aviation Administration (FAA), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), and other applicable authorities or industry organizations.

In addition, the successful Bidder shall ensure that any subcontractor performing under this contract complies with all applicable laws, rules, regulations, and ordinances while delivering services under this agreement. Any revisions or updates to these requirements occurring after award must also be adhered to throughout the duration of the contract.

2.3. VENDOR EMPLOYEES:

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

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

2.4. WORK AREA: It shall be the Vendor’s sole responsibility to ensure the performance area is always maintained in a safe and secure condition. The Vendor shall carry on the services in such a manner that damage is not inflicted to existing facilities, grounds, utilities or other structures. In the event Vendor causes damage to City property, Vendor shall replace or repair the same at no cost to the City as directed by the City’s Special Event’s Coordinator. If damages caused by the Vendor must be repaired or replaced by the Facilities Maintenance Representative(s), the cost of such work shall be deducted from the Vendors fee.

2.5. EQUIPMENT: The Vendor shall provide and maintain during the entire period of the Event, 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 Vendor shall suspend operations if there may be concerns such as a structural issue with the venue, fire hazards, or other potential risks that could endanger the audience, performers, or staff. If such suspension occurs, the Vendor shall immediately notify the Special Event Coordinator.

The Special Event Coordinator 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 Special Event Coordinator 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 Vendor shall adhere to all regulations, rules, ordinances, and standards set by federal, state, county, and City of Yuma governments when providing these services. The Vendor shall be responsible for the training and instruction of all workers, employees and subcontractors on all required job safety standards. Upon request, the Vendor shall demonstrate to the City’s satisfaction any programs, procedures and other activities used to ensure compliance.

2.8. PRICING: Prices shall include all costs associated with the performance of services, including but not limited to direct and indirect labor, materials, equipment, software, travel, lodging, permits, insurance, and any other overhead or incidental expenses.

Bidders shall provide pricing for the following:

2.8.1. Base Show: The primary drone light show as described in the scope of work.

2.8.2. Option A: Pricing for a second drone show launch on the same night.

2.8.3. Option B: Pricing for a professionally recorded video of the drone show, including synchronized music.

All pricing shall be submitted through BidTable BT-29RS under the appropriate line items. The City reserves the right to award the base show only, or to include one or both options based on budget availability and event needs.