01-Specifications.pdf

BG26-00031131

City of Dallas

Request for Bid (RFB)

Rental and Maintenance of Portable Toilets

BG26-00031131

Solicitation Contact:

Nakita Bennett 214-670-3396 Nakita.bennett@dallas.gov

Date Issued:

10/22/2026

Pre- Bid Conferenc e Date & Time:

11/2/2026 2:00 PM

Microsoft Teams Meeting:

https://teams.microsof t.com/meet/240706301 4693170?p=XjHI9Vsps UhJnBKcgn

Question Due Date & Time:

11/5/2026 9:00 AM

Submissio n Due Date & Time:

11/20/2026 1:00 PM

Table of Contents

1. Introduction

1.1 Purpose & Intent

1.2 Bid Documents & Information

1.3 Pre-Bid Meeting

1.4 Questions & Communications

1.5 Unauthorized Communications

1.6 Addenda

1.7 Solicitation Timeline

1.8 Cancellation

1.9 General Terms & Conditions

1.10 Bid Security

1.11 Local Preference

2. Scope of Work

2.1 Overview

https://teams.microsoft.com/meet/2407063014693170?p=XjHI9VspsUhJnBKcgn https://teams.microsoft.com/meet/2407063014693170?p=XjHI9VspsUhJnBKcgn https://teams.microsoft.com/meet/2407063014693170?p=XjHI9VspsUhJnBKcgn https://teams.microsoft.com/meet/2407063014693170?p=XjHI9VspsUhJnBKcgn

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2.2 Specifications

2.3 Communication Requirements

2.4 Commencement Date

2.5 Pricing

2.6 Orders

2.7 Delivery Requirements

2.8 Returns

2.9 Insurance Requirements

3. Submittal Requirements

3.1 Minimum Qualifications of Bidders

3.2 Bid Submission Documents

3.3 Development Costs

3.4 Cooperative Purchasing

4. Evaluation & Award Process

4.1 Award Method

4.3 Review for Responsiveness

4.4 Rejection or Acceptance of Bids

4.5 Late, Modified, or Withdrawn Bids

4.6 Disqualification of Bidders

5. Contract Administration

5.1 Contract Term

5.2 Delivery Orders

5.3 Contract Type

5.4 Contract Amount

5.5 Firm Pricing

5.6 Records & Audits

5.7 Default by Contractor

5.8 Assignment of Contract

5.9 Termination

5.10 Performance Measures & Contract Management

5.11 Invoicing

6. Compliance & Regulatory Requirements

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

6.2 Equal Employment Opportunity/Nondiscrimination

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6.3 Indemnity

6.4 Conflict of Interest

6.5 Certificate of Interested Parties (Form 1295)

6.6 Permits Required by Law

6.7 Confidentiality

7. Miscellaneous

8. Attachments

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1. INTRODUCTION

1.1 Purpose & Intent

The City of Dallas (the “City”) is soliciting Bids to establish three-year with two, one-year renewal options Indefinite Delivery/Indefinite Quantity (ID/IQ) service price agreement for the rental and maintenance of portable toilets for use by the general public and City staff at various locations throughout the City. An ID/IQ agreement is established when quantities of goods and/or delivery schedules cannot be determined. Services will be ordered on an as-needed basis during the term of this contract.

1.2 Bid Documents & Information

All Bid documents can be obtained through the City’s solicitation portal at www.dallascityhall.bonfirehub.com. For technical assistance visit https://dallascityhall.bonfirehub.com/portal/support or contact support at support@gobonfirehub.com or 1-844-226-3862.

Bidders may view all supporting documents, pre-Bid meeting details, site visit details (if applicable), and submit their questions on Bonfire. Bidders should complete all required documents and upload those documents listed in the Required Information section in Bonfire.

1.3 Pre-Bid Meeting

During the solicitation process, Bidders are required to limit their communication regarding this project to the Procurement Specialist assigned to this solicitation. A pre-Bid meeting will be held by the City where Bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-Bid meeting will be the only time when Bidders and requesting department(s) will communicate directly, all subsequent communication must be directed to the assigned Procurement Specialist.

All prospective Bidders are encouraged to attend.

1.4 Questions & Communications

All questions shall be submitted electronically through the City’s solicitation portal; the City will respond to all questions by way of an addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication. It is the Bidder’s responsibility to obtain clarification on any information contained in this solicitation.

1.5 Unauthorized Communications

The period of time from the solicitation’s release until Council award is known as the Cone of Silence. During the Cone of Silence, Bidders shall not contact employees or officials of the City other than the Procurement Specialist assigned to the Solicitation.

No officer, employee, agent, or representative of the Bidder shall have any contact or communication, with any member of the City Council, City staff, or City consultants, or http://www.dallascityhall.bonfirehub.com/ https://dallascityhall.bonfirehub.com/portal/support mailto:support@gobonfirehub.com

BG26-00031131 5 of 22 directly or indirectly seek to influence any City Council member, City staff, or City consultants regarding any matter pertaining to this solicitation. Any violation of this prohibition may result in the Bidder being disqualified from the procurement process.

1.6 Addenda

The City will post an Addendum on Bonfire with responses to all questions received before the deadline. Interpretations, corrections, or changes to the solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections, or changes.

Bidders shall acknowledge all Addenda issued and are encouraged to check the City’s solicitation portal frequently for any updates.

1.7 Solicitation Timeline

The Tentative Schedule of events is listed on the City’s solicitation portal for each specific solicitation. However, the City reserves the right to change those dates when necessary.

1.8 Cancellation

The City has sole discretion and reserves the right to cancel this RFB, or to reject any or all Bids received prior to the award.

1.9 General Terms & Conditions

Bidders must review the General Terms & Conditions (Attachment A) prior to submitting a Bid. By submitting a Bid, Bidders agree to provide the services described in this solicitation in accordance with the general conditions and specifications.

1.10 Bid Security

To be considered responsive, bids must be submitted electronically through the City’s solicitation portal by the due date and time indicated in the solicitation. All Bidders must scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the City’s Purchasing Agent upon request.

The bid security for recommended Bidders will be retained until contract execution. If the awarded Bidder fails to execute and deliver the contract within ten (10) days after the notice of award, the City may annul the notice of award and shall be entitled to make claim against the bid security. The bid security of recommended Bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended Bidders will be returned.

1.11 Local Preference

The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents.

Additional information on Local Preference can be found in Attachment A: General Terms

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& Conditions, 19. Local Preference. A local firm whose bid is within the following percentages may be considered for award over the lowest bidder:

1.11.1 Three percent (3%) of the lowest bid for a contract valued at greater than $500,000 for goods.

1.11.2 Five percent (5%) of the lowest bid for a contract valued at less than $500,000 for goods or services.

1.11.3 Five percent (5%) of the lowest bid for a contract valued at less than $100,000 for construction services.

2. SCOPE OF WORK

2.1 Overview

The purpose of this specification is to outline the requirements for a three-year with two one-year renewal option service price agreement for renting and maintaining portable toilets to be used by the general public and City staff at various locations throughout the City.

2.2 Details

This scope of work outlines the specifications and requirements for portable toilets to be rented by a contractor to the City for use in various city sites and emergency locations.

Delivery

1. The Contractor and the City will agree upon a cleaning schedule before any unit is delivered.

This cleaning schedule may be modified by mutual agreement of the City and the Contractor if deemed necessary.

2. Units are to be delivered within 48 hours of request and removed within 24 hours of notification. Units not removed within 24 hours of notification must be cleaned and maintained on the established cleaning schedule at the Contractor's expense. The City is not responsible for damage or theft of units left on-site after the required pick-up time.

3. Units requested at emergency sites (Park & Recreation, Dallas Police Department, Dallas Fire-Rescue Department, Department of Transportation and Public Works Street Division, Dallas Water Utilities Department) shall be delivered within two (2) hours of notification and removed within 24 hours of notification.

Cleaning Requirements

1. A cleaning schedule will be mutually agreed upon prior to delivery of unit(s).

2. Cleaning shall be performed Monday through Sunday between the hours of 7:30 a.m.

and 3:30 p.m. The bid sheet provides separate line items for the number of weekly cleanings required.

3. Note: The frequency of cleaning and disinfection of high touch point surfaces and maintaining of sanitary restroom environment are considered of high importance to the City. All requirements of this specification will be fully enforced, e.g., task, frequencies, materials, supplies, labor force, uniforms, and equipment.

4. Upon each cleaning, the following is required:

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a) Holding tanks must be emptied and refilled with antibacterial solution.

b) Closet area is to be cleaned of all defecated material, toilet paper, mud and/or other debris.

c) Toilet/urinal must be cleaned, free flowing and cleared of all debris. The unit is to be completely disinfected with special attention given to the bowl area.

d) Wall surrounding should be damp wiped clean with a germicidal detergent solution ensuring all mold and stains are satisfactorily removed.

e) Toilet seat is to be disinfected on the top and on the bottom.

f) Clean entire surface doors on both sides with a germicidal detergent solution.

g) Commodes - There shall be no spots or stains on the top and bottom of seat, inside and outside of the bowl, including under the lid and on the tank.

h) Toilet paper is to be re-supplied.

5. For any comfort station remaining at a location for more than seven consecutive days, each cleaning service shall include the following:

a) Holding tank must be emptied and refilled with antibacterial solution.

b) Station floors must be swept and mopped with a germicidal detergent solution ensuring all debris is removed.

c) Surfaces must be wiped and disinfected with a germicidal detergent solution.

d) Toilets/urinals must be scrubbed, cleared of all debris, and disinfected.

e) Trash and debris must be removed from all surfaces.

f) Comfort Station cleaning shall include sweeping and wet mopping the interior floor of each stall, removal of dirt, mud, paper, and debris, and wiping down all interior surfaces with a germicidal cleaning solution. Servicing the holding tank alone does not constitute cleaning. Cleaning shall be performed regardless of the level of soiling, and the presence of excessive dirt, mud, or debris shall not be grounds for skipping or postponing required cleaning tasks.

6. Graffiti found on the unit shall be abated within 72 hours of notification using the quickest and most appropriate method.

a) If the surface is painted, a "Wet Paint" sign shall be conspicuously placed on the unit.

b) If graffiti is not abated within 72 hours after notification by the City, the City may deduct rental fees on a prorated basis for the time from 72 hours after notification until the graffiti is abated.

c) If the graffiti is not abated within the specified time, the City may, but is not obligated to, abate the graffiti at the City's expense with no consequence from the Contractor.

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d) Contractor shall notify the City if graffiti substantially covers two (2) or more sides of the unit. After approval by the City, Contractor shall remove or cover graffiti within 72 hours.

7. Cleaning deficiencies shall be handled within 24 hours of notification by the City.

8. The City reserves the right to padlock or remove any unit found in an unsanitary condition and/or not serviced according to schedule or request.

Damaged Units

1. Minor damage (small holes, door hinges, broken seats/hardware, etc.) shall be repaired within 72 hours after notification by the City. The City may deduct rental fees on a prorated basis for the time, from 72 hours after notification until the minor damage is repaired, at no cost to the City.

a) Severely damaged units shall be replaced at the City's request, at no cost to the City.

b) Contractor must receive City approval prior to replacing damaged units, at no cost to the City.

Material Specifications

The Park site units should be beige or beige-like in color. All units delivered to the park sites shall be the same color(s). Other City departments may require different colors; Contractor should verify specific unit color when units are ordered. Bidder may submit color charts with their bid or shall submit within five (5) days of request by the buyer, for the department’s review and preference.

A. Regular Portable Toilet All units shall be:

1. Tightly constructed of fiberglass, polyethylene or polypropylene with solid walls, roof and door.

2. Uniform in size, measure approximately 48" x 48" x 84" with door measuring 30" x

72".

3. Have always no less than two (2) vents or other means of ventilation in the closet area.

4. Have a toilet, urinal and a non-leaking holding tank of approximately 35 gallons in capacity.

5. Upon request by the City, unit shall be anchored to prevent being turned over.

(Anchoring shall be accomplished by driving a steel anchor rod 36" into the ground, adjacent opposite corners of the unit, and securing the unit to the anchors).

B. Americans with Disabilities Act (ADA) Compliant Portable Toilets All units shall be:

1. Tightly constructed of fiberglass, polyethylene or polypropylene with solid walls, roof and door.

2. Uniform in size, measure approximately 77" x 77" x 90" with a door measuring 32" x 80".

3. Have ground level entry into the closet area.

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4. Have hand grips on each side and built-in corner grip.

5. Always have no less than two (2) vents or other means of ventilation in the closet area.

6. Seat height of the toilet shall be approximately 18".

7. The closet shall have an interior turning circle of approximately 62".

8. Have a non-leaking holding tank approximately 35 gallons in capacity.

9. Upon request by the City unit shall be anchored to prevent being turned over.

10. Anchoring shall be accomplished by driving a steel anchor rod 36" into the ground, adjacent opposite corners of the unit, and securing the unit to the anchors.

11. Vendor shall submit certification as to ADA compliance.

C. Handicapped Accessible Portable Toilets All units shall be:

1. Tightly constructed of fiberglass, polyethylene or polypropylene with solid walls, roof and door.

2. Uniform in size and measure approximately 62" x 62" x 90" with a door measuring 32" X 74".

3. Units shall provide ground level entry into the closet area.

4. Closets shall have hand grips on three (3) sides.

5. Have always no less than two (2) vents or other means of ventilation in the closet area.

6. The seat height of the toilet shall be approximately 19".

7. Have a non-leaking holding tank approximately 35 gallons in capacity.

8. Upon request by the City, unit shall be anchored to prevent being turned over.

(Anchoring shall be accomplished by driving a steel anchor rod 36" into the ground, adjacent opposite comers of the unit, and securing the unit to the anchors).

D. Comfort Station Portable Toilets Trailer units shall be:

1. Tightly constructed of durable fiberglass, mounted on an integral steel trailer.

2. Have flush stools, running water, crank up roof vents, side wall or top mounted exhaust fans, fluorescent lighting, air conditioning and heating, with 110-volt outlets.

3. Have separate entrances and exits for men and women. Women's compartment shall have six (6) private stalls, three (3) sinks, soap and towel dispensers, and two

(2) towel disposal baskets. Men's compartment shall have two (2) private stalls, five (5) porcelain urinals, two (2) sinks, soap and towel dispensers, and one (1) towel disposal basket.

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4. Trailers shall be approximately 408" in length with a non-leaking holding tank capacity of 1,000 gallons and a 500-gallon water tank for sinks and flushing. Sink with running hot & cold water.

5. AC & Heat, Lighting.

6. Each trailer shall have the capacity for handling 2,500 to 3,000 guests per day.

E. Special Event Rentals

1. The Contractor and the City will agree upon a cleaning schedule before any unit is delivered.

2. Units are to be delivered to specified locations within 48 hours and removed within 24 hours of notification.

3. Units requested shall follow the applicable MATERIAL SPECIFICATION section.

Contractor Staffing

The Contractor shall employ only such superintendents, supervisors and workers who are competent and fully qualified to perform the duties of the tasks assigned to them. They shall secure the reassignment or dismissal of any person or persons employed by the Contractor who demonstrates misconduct, incompetence, disrespect, intemperance, dishonesty, and/or neglect in the proper performance of his/her duties. Contractor agrees that all Contractor employees will submit to and pass a background check prior to the commencement of service or as situations dictate. A copy of the background check shall be furnished to the department coordinator or his designee.

The Contractor shall keep on file and furnish to the City, upon request, a routine work organizational chart and a separate project organizational chart. Organizational charts shall be updated as needed and copies provided to the City. The organizational charts shall show assigned work areas of each employee, by name, position, and shift hours. The Contractor shall furnish cell phone numbers to be used by the Project Manager, Supervisors, and Lead workers during each shift. This will allow City Representatives the ability to immediately contact the Contractor’s Project Manager, Supervisor or Lead Worker for emergencies or other related concerns/problems.

2.3 Communication Requirements

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City of Dallas shall be answered within twenty-four

(24) hours. The awarded Contractor shall respond to phone calls from the City within four (4) hours of receipt.

2.4 Commencement Date

The commencement date of this contract shall be upon Council approval and contract execution.

2.5 Pricing

This agreement is all inclusive, and should include all costs incurred, real and unforeseen, related to the manufacturer, shipping, delivery, including insurance, and all other direct costs. Costs not included or calculated in the Bidder’s response will not be paid by the City, BG26-00031131 11 of 22 regardless of the intentions of the bidder when the bid was submitted and regardless of whether those costs were actually incurred. Bidder’s pricing for all services shall include the time travel to and from the jobsite, separate charges from travel time will not be paid. The Contractor shall furnish all items, articles, materials, supplies, etc., necessary to complete the contracted services mentioned in these specifications.

The City shall not be responsible for applicable freight charges for returns. All other charges shall be incurred by the Contractor and no additional charges will be allowed. Shipping is FOB destination – Dallas.

The Bidder shall submit pricing on the bid sheet and complete every line item within each group. Bidders shall submit a complete bid for all groups and all line items. Failure to provide pricing for any line item or group may result in the Bidder being deemed non-responsive.

Ad-Hoc Services: The City will from time-to-time request ad-hoc services for locations under the current contract and for new locations which the City may require and/or lease. Please provide pricing for these ad-hoc services listed in the bid sheet under each Group that consists of these line items.

2.6 Orders

The quantities listed in the bid sheet are based upon the City’s best estimate of anticipated needs and previous usage. The City will order items based on inventory levels and anticipated needs. Actual ordered quantities may be less than or greater than those estimated. Payments will be based on the actual quantities ordered and delivered. The City does not guarantee that any or all of these products will be purchased.

2.7 Delivery Requirements

The awarded vendor must possess and maintain the capacity to provide the products necessary throughout the duration of this agreement. The awarded vendor must maintain adequate inventory to satisfy the account without delay in delivery times. The awarded vendor may be requested to provide samples to ensure goods meet specifications.

2.8 Returns

a. Minor damage (small holes, door hinges, broken seats/hardware, etc.) shall be repaired within 72 hours after notification by the City. The City may deduct rental fees on a prorated basis for the time, from 72 hours after notification until the minor damage is repaired, at no cost to the City.

b. Severely damaged units shall be replaced at the City’s request, at no cost to the City.

c. Contractor must receive City approval prior to replacing damaged units, at no cost to the City.

2.9 Insurance Requirements

The successful contractor will be required to purchase, within fifteen (15) days of the award, and maintain during the term of the contract, insurance as described in Attachment B, and agrees to the indemnification agreement therein.

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3. SUBMITTAL REQUIREMENTS

3.1 Minimum Qualifications of Bidders

Bids will only be considered from Bidders who have been established in the business of providing rental and maintenance of portable toilets for a minimum of three (3) years.

Bidders shall have verifiable experience providing portable toilet rental and maintenance services of similar size and scope to the Services requested herein. Bidders shall provide a minimum of three (3) verifiable references demonstrating experience providing portable toilet rental and maintenance services and exemplary customer service. References shall include the company name, contact name, telephone number and/or email address, and length of time services were provided to the reference.

Bidders shall have the necessary personnel, equipment, tools, supplies, and other resources required to perform the Services in accordance with the requirements of these Specifications. Bidders shall demonstrate the ability to provide the necessary cleaning, sanitizing, maintenance, and servicing of portable toilets to maintain clean, safe, and sanitary facilities in accordance with the requirements of these Specifications.

The Contractor(s) awarded as a result of this solicitation shall be responsible for ensuring that all services are managed and completed in accordance with the requirements of these Specifications, including the requested service frequencies and maintaining a neat and clean appearance.

Bids shall be accepted from authorized providers for the requested services. If during the term of the agreement the awarded vendor loses authorization the City reserves the right to obtain the Services from another source.

3.2 Bid Submission Documents

Bidders must include the following documents in their submission:

Form Name Form Number Business Information Form OPS-02 Conflict of Interest Policy & Questionnaire OPS-07 and State Form CIQ Local Preference Affidavit OPS-31 SBE Affidavit BEH-FRM-602.SAW Schedule of Work and Actual Payment BEH-FRM-603.SAW Local Participation & Workforce Impact Form BEH-FRM-604.SAW

SBE Good Faith Effort Documentation Form (if applicable) BEH-FRM-607.SAW

Prime Self-Performance Declaration (if applicable) BEH-FRM-609.SAW

Subcontractor Intent Form BEH-FRM-610.SAW Any other City Documents as Required

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3.3 Development Costs

The City of Dallas or its representatives will not be liable for any expenses incurred in connection with preparing a response to this solicitation. Respondents are encouraged to prepare their Bids simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the solicitation.

3.4 Cooperative Purchasing

The City has interlocal agreements with many other governmental agencies that provide for the use of the City’s contracts, so long as the vendors agree to extend the same terms, conditions, and pricing to other entities. Bidders shall indicate in their Bid whether they agree to extend the terms, conditions, specifications, and pricing of its agreement with the City to other governmental entities. All purchases by other governmental entities shall be billed directly to that governmental entity and paid by that governmental entity. The City shall not be responsible for another governmental entity’s debts. Each governmental entity shall order its own materials/services as needed.

4. EVALUATION & AWARD PROCESS

4.1 Award Method

The City’s intent is to award this solicitation in its entirety.

The City reserves the sole discretion to determine whether a submission is responsive. The City reserves the right to reject any and all Bids and to waive any minor irregularities or discrepancies in any submission as may be in the best interest of the City. Late Bid s will not be considered for award. An award will only be made to a Bidder that is considered responsive and responsible under Attachment A: General Terms & Conditions, Award.

4.2 Opening of Bids

The City will open Bids during the bid reading. Bid readings take place at 2:00 PM on Fridays and can be viewed on the City’s website https://dallascityhall.com/government/Pages/Live.aspx. Any Bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

4.3 Review for Responsiveness

The City will review Bids for compliance to determine whether they are responsive and responsible, and whether they meet the minimum requirements of this RFB. The City may conduct all necessary inquiries or investigations, including but not limited to contacting references, to verify the information submitted. Bids that do not meet the minimum requirements may be deemed non-responsive and excluded from further evaluation.

4.4 Rejection or Acceptance of Bids

This solicitation does not commit the City to award a Contract. The City reserves the right to reject any and all Bids, to waive technicalities or irregularities, and to accept any Bid it deems to be in the interest of the City. The City shall not be liable for any costs incurred by any https://dallascityhall.com/government/Pages/Live.aspx

BG26-00031131 14 of 22 company responding to this solicitation. If applicable, the City requires the recommended Bidder to sign the necessary Contract documents prepared by the City Attorney’s Office. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its Bid.

4.5 Late, Modified, or Withdrawn Bids

Bids are required to be submitted electronically using the City’s solicitation portal. The system will not accept submittals after the Submission Due Date and Time and hard copies are not permissible. Bids may be modified at any time prior to the Submission Due Date and Time. If a Bid is modified, it must be resubmitted by the Submission Due Date and Time to be responsive. Bids may be withdrawn at any time prior to the Submission Due Date and Time. Withdrawn Bids may be resubmitted prior to the Submission Due Date and Time. No Bids may be modified or withdrawn after the Submission Due Date and Time without forfeiture of the Bid Security, if any.

4.6 Disqualification of Bidders

Bidders may be disqualified for, but not limited to, the following reasons:

4.6.1 Reason to believe collusion exists among the Bidders.

4.6.2 The Bidder is involved in any litigation against the City.

4.6.3 The Bidder is in arrears on an existing contract or has failed to perform on a previous contract with the City.

5. CONTRACT ADMINISTRATION

5.1 Contract Term

The Contract or Agreement will be for an initial term of three-years , with two one-year renewal option. Renewals require mutual agreement. If the Contractor declines, the City may extend the contract up to 180 days for re-solicitation. The City reserves the right not to offer an extension.

5.2 Delivery Orders

Delivery Orders may be issued at any time during the term of the agreement. Each Delivery order will constitute an individual order for goods or services under the terms and conditions of this agreement. Delivery Orders issued prior to the expiration of the agreement shall remain subject to, and governed by, this agreement until completion or termination of the specific order.

5.3 Contract Type

This Contract is a Indefinite Quantity (ID/IQ) service price agreement contract. An official Delivery Order (DO) will be issued to the Contractor for each specific order. The Contractor shall not commence work until receipt of the DO; failure to do so could result in no payment.

The purpose of this Contract is to establish firm pricing; and the estimated quantities are not a guarantee; the quantities ordered may be more or less than estimated. The estimated

BG26-00031131 15 of 22 quantities are based upon historical usage and anticipated needs. Delivery Orders will be issued on an as needed basis according to annual budget appropriations.

5.4 Contract Amount

The Contractor will base its Bid amount on the estimated quantities identified in the Bid Sheet, which will only be used for comparison and evaluation purposes. The City will issue Delivery Orders based on needs and not in accordance with the estimated quantities contained in the Bid Sheet. The Contractor’s pricing shall remain firm throughout the initial term of the Contract. Price adjustments will be considered at the time of renewal or hold over extension subject to Attachment A: General Terms & Conditions, 5. Adjustment Clause.

5.5 Firm Pricing

Pricing, including discounts/markups (+/-), shall be firm for the entire contract unless otherwise stated herein.

Price Modification

No less than sixty (60) days prior to the end of the contract period (at least 1-year), the supplier may submit a written request for price adjustments for the next contract period on company letterhead.

Any price adjustment(s) must be accompanied by written justification attesting that the request is a bona-fide cost increase to the supplier along with suitable documentation of factors affecting. All requests for price adjustment(s) shall be supported by Customer Price Index and/or Producer Price Index documentation supporting the requested increase. If written justification and approval is not provided, the City will not be responsible for the additional charges. The table below example includes information that must be provided. The City will accept price adjustments on the annual anniversary of the contract, Line# Description Original Bid Price New Price Request % Difference

The new price, subject to the approval of the City, is then to be held firm for the next contract period (at least 1-year), after which time the prices may be adjusted again following the same procedure.

5.6 Records & Audits

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized in this Contract. These records shall be retained for a minimum of two (2) years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

5.7 Default by Contractor

The following events shall be deemed to be events of default by Contractor under this Contract:

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5.7.1 Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors;

5.7.2 Contractor attempts to assign the Contract without the prior written consent of the City;

5.7.3 Contractor shall fail to perform, keep or observe any term, provision or covenant of the Contract; or

5.7.4 Contractor fails to properly and timely pay Contractor personnel, supplies or other contractors and the failure impacts the City in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default. If the default is not corrected to the satisfaction and approval of the Director within the time specified of such notice, the City may immediately cancel the Contract. At the discretion of the Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract. The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract. No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

5.8 Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract or any part therein or its right, title or interest therein or its power to execute the same to any other persons, firm, partnership, company or corporation without the prior written consent of the City. Should the Contractor assign, transfer, sublet convey or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the City may, at its discretion, cancel the Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

5.9 Termination

The City may terminate this agreement in whole or in part by giving thirty (30) days written notice thereof to Contractor. The City will compensate Contractor in accordance with the terms of the agreement for all goods delivered and accepted prior to the effective date of such termination.

5.10 Performance Measures & Contract Management

The City reserves the right to cancel this agreement at any time if service performance, timeliness, quality of work is determined to be unsatisfactory or inconsistent with contract requirements. The Contractor will be responsible to for reaching out to each of the designated Park and Recreation representatives to schedule monthly meetings. Meetings should coincide with quarterly inspections of equipment. The quarterly meetings will allow the Park and Recreation Department and the Contractor to evaluate and review overall performance, determine corrective action (if necessary), and address evolving needs or concerns. It is the Contractor’s responsibility to ensure this requirement is met; the

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Contractor or supervisory level designee shall be proactive with communication and in making sure meetings occur as required by these specifications.

The Contractor or supervisory level designee will develop and implement a system for recovering and recording complaints and will include corrective actions taken. These reports will be made available on request by the Park and Recreation Department representative(s).

The Contractor is ultimately responsible for ensuring staff arrive to site locations and that absences are covered to ensure that there are no disruptions in servicing. Additionally, the Contractor or supervisory level designee will be available to discuss any performance problems and take any necessary corrective action. Failure to correct unsatisfactory performance within a reasonable time frame as documented will be considered just cause for termination. The City will monitor the contract and measure Contractor performance on a weekly/per job basis for event rentals until the expiration of the contract. Performance measures will include:

a. On time delivery of service (punctual delivery of service for each regularly scheduled annual preventative maintenance and repair.)

b. Contractor Invoicing (should be timely and accurately detail services delivered with the associated cost).

c. Quality of services (percentage of Contractor services that are performed satisfactorily and meet or exceed stipulations within the RFB)

d. Quality of customer service (are issues being resolved expeditiously by Contractor, returns calls, etc.).

e. Non-conformance issues regarding this RFB will be documented and investigated by the City.

f. Upon investigation, the Contractor will be given an opportunity to provide and implement corrective action to remedy the non-conformance via a remedy plan.

g. The City will determine the length of time, escalation action if necessary and a follow-up period within which the corrective action is to take place. Once the corrective action is complete, the City will verify that said action has been implemented and performed satisfactorily.

h. A service log shall be maintained in each portable toilet unit.

i. Maintenance, cleaning, delivery/pick up, and graffiti abatement schedules shall be met a minimum of 95% of the time. (In case of a missed cleaning, the cleaning shall take place within 24 hours of the scheduled cleaning. Failure to perform the required make-up service within 24 hours shall constitute a non-conformance event subject to escalation under Section 5.10(o). Failure to

BG26-00031131 18 of 22 consistently meet the requirements of these specifications may result in early termination of the contract and through violation escalations shown in section “o”.

j. Falsification of a service log may result in termination of the contract.

k. Police and Fire locations require that the driver have the vendors work order signed by authorized personnel each time service is provided.

l. Dallas Park and Recreation will monitor the Daily Checklist throughout the day to ensure tasks are being performed with respect to the requested frequencies. The Contractor shall perform the work and services to meet the requirements of these specifications. Each facility is listed by site, cleaning schedule, and square footage of the location. All locations shall be cleaned and serviced in accordance with the specification listed throughout this scope of work unless otherwise noted for specific facilities. The contractor must fill out the log at every cleaning.

m. The City of Dallas reserves the right to send a representative to accompany any of the Contractor’s employees while on the property at any time.

n. The Contractor shall execute all work in strict accordance with all local, state, and national codes, ordinances and regulations governing the work involved.

Contractor shall immediately report fires to 911. Report hazardous conditions, items in need of repair, plumbing and electrical problems (e.g., fuses, breakers, etc.) to the City’s Representative, immediately.

5.11 Invoicing

For the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice, and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract. The contractor will be required to update their billing system so that the proper city department is billed

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

5.11.1 Name and address of the department for which goods were provided

5.11.2 Contact information of City staff who placed order (name, phone number, department)

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5.11.3 Date of order of goods

5.11.4 Detailed description of goods

5.11.5 Price of goods (charges for all goods covered by this contract are to be separately stated and explained

5.11.6 Total cost of goods

Submitting invoices without the above information may cause delays in payment processing. Incorrect invoices or invoices sent to the wrong address will delay payment.

Vendors who fail to follow these instructions risk having the contract with the City cancelled.

6. COMPLIANCE & REGULATORY REQUIREMENTS

6.1 Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy

It is the policy of the City of Dallas to involve certified small business enterprises (SBEs) to the greatest extent feasible in the City’s contracting opportunities. The City further seeks to encourage the growth and development of SBEs, promoting local economic growth and increased competition. In alignment with this commitment the City has adopted the Developing Regional & Inclusive Vendor Enterprises (DRIVE) Policy for City of Dallas contracts.

6.1.1 The SBE participation goal for this contract is 5.71%.

6.1.2 As a prerequisite for City Council award, the contractor must demonstrate and document its good faith effort (GFE) to meet the established participation goal. Any apparent Bidder who fails to adequately document GFE or meet the participation goal may be denied award of the contract by the City based on the contractor’s failure to be “responsive” and/or “responsible.”

6.1.3 Assistance in preparing the DRIVE forms may be obtained by sending an email to businessenterprisehub@dallas.gov

6.2 Equal Employment Opportunity/Nondiscrimination

The selected Bidder shall not discriminate against any employee or applicant for employment because of race, age, color, national origin, religion, marital status, sex, sexual orientation, military or veteran status, political opinions or affiliations, genetic characteristics, or disability, consistent with applicable laws. The selected bidder shall prohibit discrimination regarding, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The selected bidder shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12301-12233, as amended. The selected bidder agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause.

6.3 Indemnity

The selected Bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses

BG26-00031131 20 of 22 for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected Bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected Bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected Bidder and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

6.4 Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER PROHIBITED

No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall there by forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

The prohibitions of this section shall not apply to the participation by city employees in federally funded housing programs, to the extent permitted by applicable federal or state law.

This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code.

(Amend. of 8-12-89, Prop. No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop.

Nos. 2 and 9) 11H

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6.5 Certificate of Interested Parties (Form 1295)

All Bidders recommended by City staff for a contract pursuant to this solicitation will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete Form 1295-Certificate of Interested Parties- for every contract for which they’re recommended. The Bidder will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/filinginfo/1295/, and submit a copy to the procurement specialist before the contract information will be sent to the City Attorney’s Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form 1295 is on file at the Texas Ethics Commission website with a copy provided to the procurement specialist; the staff recommendation will be placed on a City Council agenda to award the contract.

6.6 Permits Required by Law

Contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

6.7 Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. The City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Proposals will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a Bid, the Bidder shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

7. MISCELLANEOUS

7.1 After executing the Contract, no consideration will be given to any claim of misunderstanding.

7.2 Bidders shall submit with the Bid, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

7.3 Bidders shall thoroughly familiarize themselves with the provisions of these Specifications.

7.4 The City reserves the right to reject all Bids and to waive any minor irregularities.

7.5 A Bid may be disqualified if the corporation or…