Special Terms Conditions and Additional Requirement.pdf

Procurement Division

Request For Bid (RFB)

Project: Biosolids Removal and Disposal

Ref #: RFB-26-339

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

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. CONTRACT EXTENSION: In the event the City does not opt to renew the contract or the City and Contractor(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 months total.

1.4. 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 Contractor(s) under this contract, pursuant to the terms and conditions stated herein.

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

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/

1.6. 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.

1.7. INSURANCE: Before the commencement of any services, the Contractor 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 Contractor.

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

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 Contractor”.

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 Contractor.

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 mailto:purchasingweb@yumaaz.gov respect to liability arising out of the activities performed by or on behalf the Contractor involving automobiles owned, leased, hired, borrowed, and/or non-owned by the Contractor”.

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 Contractor.

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

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 Contractor.

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.

1.8 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 ADJUSTMENT: The City’s Procurement 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 Procurement 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.

1.10 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.

1.11 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.

END OF SPECIAL TERMS AND CONDITIONS

2. Additional Requirements

BACKGROUND: The City currently operates two wastewater treatment facilities:

1. The Figueroa Water Pollution Control Facility is a 12 million gallon per day conventional activated sludge facility, which produces between 40,000 to 80,000 gallons of Class B biosolids daily. Treatment of the solids stream includes gravity thickening and standard rate anaerobic digestion. Treatment of the liquid stream includes primary clarification, aeration, secondary clarification, and disinfection. Treated wastewater is discharged to the Colorado River under an AZPDES discharge permit issued by the Arizona Department of Environmental Quality.

2. The Desert Dunes Water Reclamation Facility on Avenue 6E, is a 3.3 million gallons per day Biological Nutrient Removal (BNR) activated sludge facility that will increase in capacity to

6.6 million gallons per day in early 2027.It is expected to produce between 5,000 and 40,000 gallons of Class B biosolids daily. Treatment of the solids stream includes standard rate aerobic digestion. Treatment of the liquid stream includes aeration, secondary clarification, and disinfection. Treated wastewater is discharged to a percolation pond under an Aquifer Protection Permit issued by the Arizona Department of Environmental Quality.

BIDDER REQUIREMENTS:

1. Bidder may be a single firm or a joint venture; bidder shall also be knowledgeable of and conduct all project assignments in accordance with all applicable federal, state, and local government laws and regulations governing the scope of work. Work must be accomplished in conformance with current professional practices in the State of Arizona.

2. Bidder shall maintain accurate and complete financial records of its activities and operations relating to this Contract in accordance with generally accepted accounting principles. The City, and/or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, activity, or records relating to this Contract.

3. In the event that an audit of Bidder is conducted specifically regarding this Contract by any Federal or State of Arizona (State) auditor, or by any auditor or accountant employed by Bidder or otherwise, then Bidder shall file a copy of such audit report with the City’s finance director within thirty (30) days of Bidder’s receipt thereof, unless otherwise provided by applicable Federal or State law or under this Contract. City shall make a reasonable effort to maintain the confidentiality of such audit report(s). Failure on the part of Bidder to comply with any of the provisions of this paragraph shall constitute a material breach of Contract and may be cause for debarment per City Ordinance, Title 3, Chapter 36-56.

4. The Bidder shall also be responsible for the following:

A. Environmental Conditions

1. Use or Disposal Requirements

The Bidder will ensure that the frequency of biosolids hauling meets the needs of the individual treatment facilities and that all uses and/or disposal methods comply with the applicable state and federal requirements, including but not limited to:

a. 40 CFR 503 Subpart C: for biosolids that are placed on the land (surface disposal) for the purpose of disposal (dedicated land disposal sites or monofills)

b. 40 CFR 258 for biosolids disposed of in municipal solid waste landfills; and

c. 40 CFR 257 for all biosolids use and disposal practices not covered under 40 CFR 258 or 503

d. Applicable portions of Arizona Administrative Code Title 18 Chapter 9, Article

2. Duty to Mitigate

The Bidder shall, as to the City’s biosolids, take all reasonable steps to prevent or minimize the use or disposal of those biosolids that have a likelihood of adversely affecting human health or the environment

3. The Bidder shall ensure that:

a. The City’s biosolids do not enter wetlands or other waters of the United States

b. Treatment of the City’s biosolids in addition to that provided by the City, storage, use, or disposal does not contaminate groundwater.

c. Treatment of the City’s biosolids in addition to that provided by the City, storage, use, or disposal of those biosolids does not create a nuisance including objectionable odors or attraction of flies or other disease carrying vectors.

4. If biosolids generated by the City are placed in a surface disposal site, dedicated land disposal site, or monofill; the Bidder shall ensure that a qualified groundwater scientist develops a groundwater-monitoring program for the site or certifies that the placement of biosolids on the site will not contaminate any aquifer.

5. Storage

a. The Bidder shall not store biosolids obtained from the City for more than two years from the time they were generated.

b. The Bidder may store the City’s biosolids for a period that is less than two years provided the Bidder submits information to the Arizona Department of Environmental Quality (ADEQ) and the City on the storage location and date of final use or disposal. In addition, the bidder will notify the City on the storage start date of the biosolids. The information will be sent to the four-reporting location in section 15,

c. Wastewater Treatment Plant Manager,

d. Water Quality Compliance Manager.

6. Surface Water Protection

The Bidder shall ensure that all disposal or storage sites that received biosolids generated by the City are designed and operated to:

a. Divert surface runoff from adjacent areas

b. Protect the site boundaries from erosion

c. Prevent any drainage that has contacted biosolids from escaping the site

d. These features shall be designed to be protective for a 24 hour, 25-year storm event.

e. Buffer Zones (Setbacks) as it pertains to proximity to waterways and property lines and roads.

f. Public Access Restrictions

g. Crop Harvesting Restrictions

7. Inspection and Entry

The Bidder shall allow authorized representatives of the City, ADEQ or EPA to:

a. Enter all premises where the City’s biosolids are stored, used, or disposed; and

b. Have access to and copy any records that must be kept under the conditions of Arizona Administrative Code Title 18 Chapter 9, Article 10 and 40 CFR 503, Subpart C; and

c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations used in the storage, use, or disposal of biosolids generated by the City.

8. Monitoring

a. The Bidder shall test biosolids generated by the City which are land applied for organic Nitrogen, Ammonia-Nitrogen and Nitrate-Nitrogen at least once per month.

b. The Bidder shall ensure that biosolids are tested using methods that are specified by EPA and required by ADEQ. The Bidder shall also ensure that all testing is performed by a laboratory that is certified by the Arizona Department of Health Services for environmental compliance testing.

c. Test results for all biosolids sampling shall be expressed in milligrams of pollutant per kilogram (mg/kg) of biosolids on a 100% dry weight basis.

d. The results of laboratory tests of the City’s municipal wastewater biosolids performed by the City or at its request shall be made available to the Bidder upon request.

e. The results of laboratory tests of the City’s municipal wastewater biosolids performed by the Bidder or at their request shall be made available to the City upon request.

9. The Bidder shall document operational practices used to ensure vector attraction reduction. Records shall be retained and made available to the City, ADEQ and/or EPA upon request.

10. The Bidder will be responsible for making any modifications to the injection site(s) which may become necessary as the result of changes in state and federal requirements governing the disposal of municipal wastewater biosolids.

11. Notification of Land Application

a. The biosolids disposal site shall meet all state and federal requirements for the land application of municipal wastewater biosolids at all times.

b. The Bidder will provide written documentation demonstrating that the injection site is approved by all applicable state and federal agencies.

c. Prior to the application of any biosolids generated by the City on a new or previously unreported site, the Bidder shall notify the City and the ADEQ Biosolids Coordinator. The notification shall include a description and topographic map of the proposed site(s), slope of land surface, names and addresses of the applier and the site owner, and a listing of any state or local permits which must be obtained. The plan shall include a description of the crops, or vegetation to be grown, proposed loading rates and determination of agronomic rates. Additionally, if biosolids are to be land applied, in Arizona, applicators must complete and submit to the ADEQ Biosolids Coordinator, a Request for Registration per Arizona Administrative Code R18-9-1004.

12. Notification of Non Compliance

a. The Bidder shall notify ADEQ and the City of any non-compliance with the provisions of Arizona Administrative Code Title 18 Chapter 9, Article 10 which may endanger health or the environment. The Bidder shall provide the information orally within 24 hours of becoming aware of the circumstances.

b. For instances of non-compliance which do not present a threat to health or the environment, the Bidder shall notify the City and ADEQ in writing within five working days of becoming aware of the circumstances.

c. The Bidder shall notify the City with 24-hours of any enforcement action involving the use or disposal of the City wastewater biosolids.

13. Shipment to or from another state

a. If biosolids generated by the City are shipped to another State or to Indian Lands, the Bidder shall send a notice of shipment to the City, the ADEQ Biosolids Coordinator, and to the permitting authorities in the receiving State or Indian Land (EPA region for the area and the State/Indian authorities respectively) at least 60 days before the biosolids are shipped.

b. If biosolids generated in another State, Indian Lands, or any area other than the City of Yuma are applied at the same disposal site used to dispose of biosolids generated by the City of Yuma, the Bidder shall notify the City in writing at least 30 days prior to receiving such biosolids.

The notification shall include at a minimum, the place where the biosolids were generated, the amount of biosolids to be applied, estimated application dates, and certification by the Bidder that the biosolids comply with all the requirements of the Arizona Department of Environmental Quality either separately or when combined with the City’s biosolids and the U.S.

Environmental Protection Agency for the land application of biosolids, including land application rates.

14. Annual report

With respect to the disposal of biosolids generated by the City of Yuma, the Bidder shall submit the following information to the City, the EPA and the ADEQ Biosolids Coordinator by February 19th of each year for the period covering the previous calendar year under contract:

a. Locations of land application sites (with field names and numbers) used that calendar year, size of each field applied to, name of the applier and name of the site owner;

b. Volumes applied to each field (in wet tons and dry metric tons), nitrogen applied, calculated plant available nitrogen;

c. Types of crop planted, the date of planting, and date of harvesting;

d. For any biosolids exceeding Arizona Administrative Code R18-9-1005, Table 2 metals concentrations, the locations of sites where applied and cumulative metals loading at that site to date;

e. Certifications of management practices in Arizona Administrative Code R18-9- 1007 or Arizona Administrative Code R18-9-1008; and

f. Certifications of site restrictions in Arizona Administrative Code R18-9-1009.

15. Reporting Locations

Reports and notifications required as part of this contract shall be submitted to the following addresses

a. Regional Biosolids Coordinator US EPA Region 9 (WTR-7)

75 Hawthorne Street San Francisco, CA 94105-3901

(415) 972-3514

b. Biosolids Coordinator

AZ DEQ

Water Quality Compliance Section (5415B-1) 1110 West Washington Street Phoenix, Arizona 85007

(602) 771-4612

c. Wastewater Treatment Plant Manager City of Yuma 289 N. Figueroa Avenue Yuma, Arizona 85364

(928) 373-4591

d. Water Quality Compliance Manager 270 W 13th Street Yuma, AZ 85364

(928) 373-4628

B. Equipment

1. The Bidder shall provide and maintain at their own expense all equipment necessary for the daily removal and disposal of the City’s wastewater biosolids, including but not limited to:

a. Tractor(s) and trailer(s) sufficient to accommodate daily hauling of biosolids.

b. Injection equipment including, but not limited to injector(s), hoses and pumping equipment sufficient to land apply wastewater biosolids hauled each day.

2. The Bidder shall notify the City within 24 hours of any equipment failure, which would impact his ability to haul and/or dispose of the City’s wastewater biosolids.

C. Application Site(s)

1. The Bidder must provide and maintain at their own expense, all acreage necessary for the land application of the City’s wastewater biosolids.

2. The Bidder must submit a site plan, which shows the locations of any sites where the City’s wastewater biosolids are or will be applied.

3. The Bidder shall obtain and maintain all State and Federal permits necessary to land apply biosolids including but not limited to Aquifer Protection Permits.

D. Biosolids Hauling and Land Application

1. The Bidder will provide the City with a detailed description of the land application method which will be used.

2. The Bidder will provide the City with a detailed description of the routes, which will be used to haul biosolids to the injection site(s).

3. The Bidder will notify the City within 24 hours of any accidents or spills involving equipment used to haul the City’s wastewater biosolids.

4. All biosolids shall become the property of the Bidder upon leaving the wastewater treatment plant site.

E. Hauling Frequencies and Emergencies

1. The Bidder will provide a hauling schedule, which shows the days of the week as well as the beginning and ending times for when biosolids will be removed from the City’s wastewater treatment facilities.

2. Days and hours of hauling will be mutually agreed upon to fit wastewater treatment plant operations.

3. In the event of an emergency, the Bidder will be available, within 24 hours of receiving notice from the City, to assist the City’s wastewater treatment facilities by removing and disposing of wastewater biosolids as needed.

DRY TON REMOVAL AND DISPOSAL CONTINGENCY PLAN

1. The primary method of biosolids management under this Contract is the removal and land application of wet biosolids as specified above. The City requires that the awarded Contractor maintain uninterrupted, compliant service. Therefore, each Bidder must demonstrate the capability and a feasible plan to provide an alternative dry ton biosolids removal and disposal approach if the wet ton land application method becomes unviable during the Contract term for any reason, including but not limited to regulatory changes, loss of permitted sites, equipment or operational failures of the Contractor, or other circumstances rendering the primary method impractical or non-compliant.

2. As part of its bid submission, each Bidder shall provide a comprehensive Dry Ton Biosolids Alternative Disposal Plan describing in detail its proposed methodology, resources, permitted outlets, and compliance strategy for managing the City's biosolids on a dry ton basis as a contingency to the primary wet ton injection/land application services.

3. The Alternative Plan shall address, at a minimum, the following:

a. Description of the physical form and characteristics of the biosolids under the alternative method, including anticipated percent total solids, pathogen reduction classification, vector attraction reduction method, and any other applicable treatment characteristics.

b. Any additional processing, dewatering, drying, or stabilization equipment and methods the Bidder would utilize (whether at the treatment plant sites or off-site) to prepare biosolids for the dry ton disposal or use method.

c. The specific disposal or beneficial use method(s) proposed (e.g., landfill disposal, monofill, incineration, composting, or other approved outlet), including the names and locations of facilities, and documentation of permits, operating agreements, or letters of intent from facility operators confirming capacity and willingness to accept the City's biosolids.

d. A regulatory compliance narrative and certification that the proposed alternative method will meet all applicable requirements of 40 CFR Parts 257, 258, and 503 (as relevant to the method), Arizona Administrative Code Title 18 Chapter 9 Article 10, and any other federal, state, or local rules. The plan shall describe how the Bidder will fulfill monitoring, testing (by ADHS-certified labs), recordkeeping, reporting, site restrictions, buffer zones, public access controls, crop harvesting restrictions, annual reporting, and all other obligations analogous to those detailed in Section A (Environmental Conditions) for the primary method.

e. A description of hauling equipment, routes, schedules, and daily/weekly capacity under the alternative method, as well as transition procedures and timelines for switching from wet ton to dry ton operations upon City notice.

f. Documentation of the Bidder's (and any proposed subcontractors') experience, past performance, permits, and qualifications to perform dry ton biosolids hauling and disposal services for municipal wastewater agencies, preferably in Arizona or similar arid-region jurisdictions.

g. Risk mitigation measures, including identification of backup disposal facilities or redundant capacity, spill response plans specific to the alternative method, and contingency protocols to prevent service interruption to the City.

h. Proposed unit pricing, rate structure, or cost methodology for the dry ton alternative services (e.g., price per dry ton, price per wet ton equivalent, mobilization or processing fees).

4. The City shall evaluate the Alternative Plan for technical feasibility, regulatory soundness, operational reliability, and the Bidder's demonstrated capability. Bids that fail to include a complete and credible Alternative Plan, or whose plan is deemed inadequate to protect the City's interests in continuous compliant biosolids management, may be rejected as non-responsive.

5. Upon Contract award, the successful Bidder's approved Alternative Plan shall be attached to and incorporated into the Contract. The City reserves the right to activate the Alternative Plan, in whole or in part, by written notice to the Contractor if the primary wet-ton land application services become, or are anticipated to become, unavailable or unsuitable. In the event of activation, the Contractor shall immediately implement the approved alternative and the parties shall negotiate in good faith and execute a Contract amendment or change order to adjust compensation, performance metrics, or other terms as necessary to reflect the change in method. The Contractor shall not be relieved of any obligations under the Contract by reason of implementing the alternative plan.

6. Throughout the Contract term (including any extensions), the Contractor shall maintain its dry ton capabilities, permits, and outlet agreements in good standing and shall provide the City with updated Alternative Plan information upon request or upon any material change in circumstances affecting the alternative method.