5-Special Terms Conditions and Additional Requirement.pdf

Procurement Division

Request For Bid (RFB)

Project: Sodium Hypochlorite Storage Tank Lining and Flange Repairs

Ref #: RFB-26-154

11/3/2025

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.

All documents issued as part of this solicitation, including but not limited to the Instructions, Standard Terms and Conditions, Special Terms & Conditions, Additional Requirements, Specifications, Certification and Addenda Form, and any Attachments, collectively constitute the contract between the City and the awarded party.

Throughout these documents, the entity responding to or awarded this solicitation may be referenced as “Bidder,” “Contractor,” or “Vendor.” These terms are used interchangeably and refer to the same party.

1. SPECIAL TERMS AND CONDITIONS

1.1. 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.

1.2 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.

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

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 mailto:purchasingweb@yumaaz.gov https://yumaaz.bonfirehub.com/portal/

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.

1.4 MULTIPLE AWARDS: In order to assure that any ensuing contracts will allow the City to fulfill current 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.

END OF SPECIAL TERMS AND CONDITIONS

2. Additional Requirements

2.1. MINIMUM QUALIFICATIONS: Each Bidder must, at a minimum, meet and maintain the qualifications are requirements listed in the following sections.

2.1.1. The Bidder must be licensed and registered with the State of Arizona.

2.1.2. The Bidder shall maintain all required licenses for the work and will be responsible for obtaining all required permits.

2.1.3. All personal employed by the Bidder shall be trained, licensed, and insured, as required.

2.1.4. Successful Bidder agrees to abide by and comply with the current federal, state, and local laws, rules, regulations, and ordinances governing tank repairs and interior lining;

such as: Occupational Safety Hazards Association (OSHA) and Environmental Protection Agency (EPA), American Society for Testing and Materials, 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.

2.1.5. Bidder must have been in the commercial tank lining and repair for minimum of three years, within the last five years.

2.1.6. No prepayments will be made by the City for this project without exception. Full payments are made once the job is complete and the department is satisfied with the completed project.

2.2. VENDOR EMPLOYEES:

2.2.1. Bidder employees shall wear identification badges and a uniform shirt or vest bearing the Bidder’s name logo while on City premises.

2.2.2. 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.

2.3. WORK AREA: It shall be the Bidder’s sole responsibility to insure the work area is maintained in a safe and secure condition at all times. The Bidder shall, upon completion of work, remove all debris, and put the work site in a neat and clean condition. The Bidder shall carry on the operation in such a manner that damage is not inflicted to existing facilities, grounds, utilities or other structures. In the event Bidder causes damage to City property, Bidder shall replace or repair the same at no cost to the City as directed by the designated Utilities Manager. If damages caused by the Bidder has to be repaired or replaced by the Water Treatment staff, the cost of such work shall be deducted from the Bidders payment.

2.4. 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 Bidder’s vehicles and mobile equipment shall be clearly marked with company name and/or logo and identification number.

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.

2.5. SUSPENSION OF WORK: 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 Facilities Management.

The designated Water Treatment 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.

2.6. SAFETY: The Bidder shall adhere to all regulations, rules, ordinances, and standards set by federal, state, county, and city of Yuma governments when providing these services. The Bidder 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.

2.7. PRICING: Price shall include all costs, including but not limited to, direct and indirect labor costs of labor, overhead, materials, equipment, travel and mileage, etc. Bidder is to submit their materials and labor project cost on BidTable.

2.8. WARRANTY: The successful Bidder shall guarantee the work performed for a period of one year, or as specified by manufacturer, from the date of final acceptance and/or inspection of the project by City personnel. The warranty period shall commence the day after inspection has been accomplished and approved by City personnel. The successful Bidder shall furnish the City with all manufacturers or supplies written guarantees and/or warranties covering materials and equipment furnished under each project. In the event the successful Bidder must perform repairs during the warranty period, all costs associated with warranty item(s) shall be borne by the successful Bidder, unless other arrangements have been mutually agreed upon between the City and successful Bidder.