5-Special Terms and Conditions.pdf

Procurement Division

Request For Bid (RFB) Project: Crane, Material Handling Services and Miscellaneous Rentals

Ref #: RFB-25-271

February 2025

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. ANNUAL CONTRACTS: Bidder will hold firm, fixed pricing for a period of 12 months after notice of award. Bidders may also be requested to make multiple deliveries to one or more locations, at no additional cost to the City.

1.2. CONTRACT EXTENSION: In the event the City does not renew the contract, or the City and Bidder(s) are unable to reconfirm or renegotiate unit rates for another year, the City will have the option of extending this contract at the current rates, but not-to-exceed six-month total.

1.3. BID LIMIT (INFORMAL): In the event this contract exceeds $100,000.00, the contract will be canceled and formally bid as required by City Charter.

1.4. 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.

1.5. COOPERATIVE USE OF CONTRACT: The City of Yuma, Arizona has entered into interactive purchasing agreements with other political subdivisions, cities and towns including the Strategic Alliance for Volume Expenditure (SAVE) cooperative in order to conserve resources, reduce procurement costs, and improve the timely acquisition and costs of goods or services.

This Contract may be extended for use by other municipalities, school districts and governmental agencies of the State.

The Respondents 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 Respondent(s) under this contract, pursuant to the terms and conditions stated herein.

1.6. EMERGENCY DELIVERIES: The City may purchase goods or services required under “emergency” situations, after-hours, or on weekends.

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

1.8. 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

1 https://yumaaz.bonfirehub.com/portal/ 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 Contractor.

1.9. 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, 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 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.

1.10. 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 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.

1.11. 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.

1.12. TERM: This contract will be renewable for two (2) 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 request. The contract will automatically be renewed annually at the same price(s) if no request has been received.

2. Additional Requirements

2.1 Crane, Material Handling Services and Miscellaneous Rentals herein after referred to as Rental Services, shall be requested as needed, however awarded vendor shall be capable of providing services within 48 hours after verbal notification, unless situation is deemed as an emergency. If the successful bidder cannot accommodate emergency services, the City of Yuma has the right to contact other providers.

2.2 Awarded Bidder shall accept a City of Yuma Purchasing Card for payment less than $2,500 with no additional charge. Invoices greater than $2,500 a Purchase Order will be issued and paid within 30-days. In some instances, the City may need to request equipment without the issuance of a Purchase Order or immediate payment.

2.3 Any fuel consumed, the Vendor shall charge the City fair market value for such fuel and will be invoiced accordingly.

2.4 Bidder shall be responsible for obtaining pertinent information needed to schedule and perform

Rental Services on the date and time needed: i.e. requestor’s name, service location, type of project, size of crane with attachments.

2.5 Successful Bidder agrees to abide by and comply with the current federal, state, and local laws, rules, regulations, and ordinances governing Crane Rental Services, such as:

Occupational Safety Hazards Association (OSHA) and Environmental Protection Agency (EPA) 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.