Portable_Toilet_Rentals_and_Servicing_(Addendum_#1_Revision).pdf

INVITATION FOR BID

IFB-25-0534

PORTABLE TOILET RENTALS AND SERVICING

City of Phoenix

Finance Central Procurement

251 W Washington St, 8th Floor

Phoenix, AZ

85003

RELEASE DATE: May 5, 2025

DEADLINE FOR QUESTIONS: May 16, 2025

RESPONSE DEADLINE: May 30, 2025, 2:00 pm

City of Phoenix

INVITATION FOR BID

IFB-25-0534

Portable Toilet Rentals and Servicing

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Exhibit A - Long-Term Rental Needs and Locations

B - Exhibit B - Short-Term Rental Needs and Locations

C - Exhibit C - Supplemental Terms and Conditions to All Airport Agreements

D - Acceptance of Offer Form 2025

Invitation For Bid #IFB-25-0534 Title: Portable Toilet Rentals and Servicing

1. Introduction

1.1. Contact Information

Melissa Cavell

Finance Central Procurement

Email: melissa.cavell@phoenix.gov

Phone: (602) 495-6927

1.2. Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit.

To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Melissa Cavell) at (602) 495-6927/Voice or 711/TTY, or melissa.cavell@phoenix.gov, no later than two (2) weeks prior to the meeting.

Solicitation Issue Date: May 5, 2025

Pre-Offer Conference (Non-Mandatory): May 12, 2025, 10:00am https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=md34d11970389f3c05496a7 cf0d9019b9

Written Inquiries Due Date: May 16, 2025, 5:00pm

Offer Due Date: May 30, 2025, 2:00pm https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=md34d11970389f3c05496a7cf0d9019b9

2. Instructions

2.1. City’s Vendor Self-Registration and Notification

Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.

Vendors must also be registered in the City’s procurePHX Self-Registration System at https://www.phoenix.gov/procure prior to contract execution.

The City may, at its sole discretion, reject any offer from an Offeror who has not registered.

2.2. Preparation of Offer

All forms provided must be completed and submitted with the Offer. The signed and completed

Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the

Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.

The City is not responsible for Offeror’s errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.

D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers https://procurement.opengov.com/portal/phoenix https://www.phoenix.gov/procure offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

F. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the

City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.

2.3. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date.

2.4. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from Solicitation’s

Public Page: https://procurement.opengov.com/portal/phoenix/projects/155493. Any interested

Offerors without internet access may obtain this solicitation by calling the Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Finance Department, Central Procurement Division, 251 W Washington Street, 8th Floor, Phoenix, AZ. It is the

Offeror’s responsibility to check the website, read the entire solicitation, and verify all required information is submitted with their Offer.

2.5. Exceptions

Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the

Procurement Officer rather than including exceptions in their Offer.

2.6. Inquiries

All questions that arise relating to this solicitation should be directed via City’s Procurement

Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.

No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.

The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.

https://procurement.opengov.com/portal/phoenix/projects/155493

2.7. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal.

2.8. Business in Arizona

The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation

Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.

2.9. Licenses

If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

2.10. Certifications

By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:

• The submission of the Offer did not involve collusion or other anti-competitive practices.

• The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

• The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.

2.11. Submission of Offer

Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the

City Department’s clock.

Offers should be submitted electronically via the City’s Procurement Portal by clicking on “Draft

Response” via https://procurement.opengov.com/portal/phoenix/projects/155493. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.

https://procurement.opengov.com/portal/phoenix/projects/155493 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.

For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

2.12. Withdrawal of Offer

At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s

Procurement Portal.

2.13. Offer Results

Offers will be opened on the offer due date, time and location indicated in the Schedule of

Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation.

Offers are not available for public inspection until after the City has posted the award recommendation on the City’s website.

The City will post a preliminary offer tabulation on the Solicitation's Public Page:

https://procurement.opengov.com/portal/phoenix/projects/155493 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the website. By signing and submitting its Offer, each Offeror agrees that this posting of the award recommendation to the City’s website effectively serves as the

Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors.

2.14. Pre-Award Qualifications

Offeror must have been in operation a minimum of three years. The Offeror’s normal business activity during the past three years will have been for providing the goods or services in this solicitation.

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this agreement. Insurance requirements are non-negotiable.

https://procurement.opengov.com/portal/phoenix/projects/155493

2.15. Certificates of Insurance

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

2.16. Award of Contract

Unless otherwise indicated, award(s) will be made to the most responsive, responsible

Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Offeror to accomplish the scope of work required in the

Solicitation. This may include performance history on past and current government or industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,

3. Safety record; and,

4. Offeror history of complaints and termination for convenience or cause.

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department

Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

2.17. Solicitation Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City

Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the

Procurement Officer of the City’s intent to reissue the same or similar solicitation.

As long as the solicitation is not discussed, Offerors may continue to conduct business with the

City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement

Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's

Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or

City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.

This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT

VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.

“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

2.18. Protest Process

Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.

Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.

Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.

Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s website to award the contract(s) to an

Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the City’s full and final discretion.

All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:

• Identification of the solicitation number;

• The name, address and telephone number of the protester;

• A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

• The form of relief requested; and

• The signature of the protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the

City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the

Procurement Officer.

2.19. Public Record

All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an

Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the

Procurement Officer as confidential provided the Offeror clearly labels the information

“confidential.” To the extent necessary for the evaluation process, information marked as

“confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the

Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the

Offeror in writing of any request to view any portion of its Offer marked “confidential.” The

Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

2.20. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the

Offeror that its Offer was disqualified for being a late Offer.

2.21. Right to Disqualify

The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the

City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified

Offeror.

2.22. Contract Award

In accordance with the City of Phoenix Code, Chapter 43, Section 43-12, Competitive Sealed

Bidding, award(s) shall be made to the lowest responsive and responsible offeror(s) whose offer conforms in all material respects to the requirements set forth in this solicitation. The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.

2.23. Determining Responsiveness and Responsibility

Offers will be reviewed for documentation of any required minimum qualifications, and completeness and compliance with the solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers will render an Offer nonresponsive.

Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Offeror. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

2.24. Equal Low Offer

Contract award will be made by putting the names of the tied vendors in a cup for a blind drawing limited to those bidders with tied offers. If time permits, the offerors involved will be given an opportunity to attend the drawing. The drawing will be witnessed by at least three persons, and the contract file will contain the names and addresses of the witnesses.

3. Scope of Work

3.1. Summary

The City of Phoenix invites sealed offers for portable toilet rentals, portable handwashing station rentals, and rental unit servicing with the intent of establishing a five-year contract commencing on or about September 1, 2025. This contract will be available for use to all City departments, and has been heavily utilized historically. Rental units will be required at various locations throughout the Phoenix metropolitan area, and at facilities that may be City-owned or leased.

Rentals will be required for both short-term and long-term periods, and will be billed on a daily, weekly, or monthly basis according to the specifications herein. Servicing frequencies for rental units will vary between one and seven services per week and will be determined by the City according to the specifications herein.

3.2. Rental Unit Types

The Contractor shall provide the following portable toilet and portable handwashing station rental units on an as-needed basis:

A. Standard Portable Toilet

1. Single-stall portable restroom.

2. Approximately 88" - 90" tall, 43" - 44" wide, and 46" - 48" deep.

3. Includes toilet and toilet paper dispenser.

B. Event Portable Toilet

1. Single-stall portable restroom.

2. Approximately 91" - 92" tall, 43" - 47" wide, and 47" deep.

3. Includes more interior space than the standard portable toilet to better accommodate taller people, older people, and parents with small children.

4. Includes toilet, toilet paper dispenser, disposable paper toilet seat covers, and hand sanitizer dispenser.

5. May include courtesy items such as a trash receptacle, coat hook or mirror.

C. ADA-Compliant Portable Toilet

1. Single-stall portable restroom.

2. Approximately 90" - 91" tall, 60" - 67" wide, and 60" - 87" deep.

3. Must meet or exceed the requirements of the American Disabilities Act (ADA) and remain ADA-compliant.

4. Must be wheelchair accessible and include ground-level access as well as sufficient interior floor space to allow for a wheelchair to turn around.

5. Door must have a minimum width of 32", swing out, and be self-closing.

6. Toilet seat must be 17" - 19" above the floor.

7. Toilet must include reinforced grab bars for support and stability. Grab bars must be securely mounted and easy to grasp.

8. Includes toilet, toilet paper dispenser, and hand sanitizer dispenser.

D. Portable Restroom Trailer

1. Two-stall trailer-mounted portable restroom. Each stall must be separate and private.

2. Trailer must have stabilizing legs to ensure unit stability and user safety.

3. Must operate via standard 110v/20-amp electrical outlet(s) and a standard hose water hookup.

4. Must have a generator hookup (generator to be supplied by Contractor) and freshwater tank in the event that electrical outlets and water hookups are not available at the site.

5. Must have climate control and adequate lighting to ensure user safety day or night.

6. Each stall must include a flushing toilet, sink, mirror, trash receptacle, toilet paper dispenser, disposable paper toilet seat covers, liquid or foaming hand soap dispenser, paper towel dispenser, and coat hook capable of holding up to 30 pounds.

E. Portable Hand Washing Station

1. Compact, self-contained multi-user hand washing station with two or four sinks per unit.

2. Sinks must have a hands-free foot-pump operation.

3. Includes liquid or foaming hand soap dispenser and paper towel dispenser.

3.3. Rental Unit Specifications

All rental units supplied by the Contractor under this contract shall meet the following specifications:

A. Consistent with or exceeding industry standards.

B. Compliant with all applicable local, state, and federal laws, regulations, and codes.

C. Constructed of modern, heavy-duty materials that are resistant to cracking and breaking and suitable for exposure to hot and cold extreme temperatures.

D. Resistant to impacts, and capable of bending without breaking to minimize damage from handling and potential vandalism.

E. Modular design to facilitate on-site replacement of unit components as necessary and to minimize unit down-time for maintenance or replacement.

F. Unit components (i.e. venting tubes, louvers, screens, grab bars or handrails, toilet seats, side urinals, supply dispensers, trash receptacles, etc.) must be properly secured to the unit with no signs of holes or damage. All supply dispensers must be affixed and securely mounted to the unit; free-standing supplies (i.e. loose bottles of hand sanitizer or hand soap) will not be accepted.

G. Must have a mechanism to be secured in place (i.e. chained to a fence, staked into the ground, etc.) to prevent unit from tipping.

H. Portable Toilet Units:

1. Must be self-contained, odor-free, and non-polluting.

2. Minimum holding tank capacity of 50 - 70 gallons. Holding tank shall be designed to prevent and control spillage or leakage, and entrap odors.

3. Toilet interior must be vented sufficiently to ensure the unit is non-offensive.

4. Units provided with urinals must have as much separation as possible between the toilet seat and urinal to provide maximum user comfort.

5. Anti-slip floor surface.

6. Door with industry-standard locking mechanism and a vacancy/occupied indicator.

7. Locking mechanism's interior latch and hardware must be of sufficient strength and design to ensure user privacy.

8. Unit sides, walls, and doors shall be free of gaps and of sufficient stiffness, thickness, and distortion-proof strength to ensure user privacy.

3.4. Servicing Requirements

A. The Contractor shall provide cleaning services for the rental units provided under this contract as per the schedule provided by the purchasing City department. Cleaning services shall include, but are not limited to:

1. Removing/pumping waste from portable toilet holding tanks;

2. Replacement and processing of necessary chemicals in portable toilet holding tanks;

3. Emptying any trash receptacles and replacing trash receptacle liners;

4. Sweeping and removing any litter from portable restroom interiors;

5. Sanitizing and disinfecting portable restroom interiors from ceiling to floor;

6. Deodorizing portable restrooms;

7. Refilling portable hand washing station tanks with clean water;

8. Sanitizing and disinfecting portable hand washing stations;

9. Towel drying rental units;

10. Restocking the applicable supplies with a sufficient amount to coincide with the servicing schedule (i.e. toilet paper, disposable paper toilet seat covers, hand sanitizer, liquid or foaming hand soap, paper towels, etc.);

11. Removing and disposing trash or other waste within a five (5) foot radius of each rental unit;

12. Removing graffiti from rental unit interiors and exteriors, as needed;

13. Any minor repair work needed to ensure rental units are operational and meet the specifications herein.

B. The Contractor shall provide a written service log affixed to each rental unit. During each service provided, the Contractor's service personnel shall add the date of the service and the name of the service provider to the written service log. A copy of the written service log will be required to receive payment for service visits.

C. The Contractor shall notify the City immediately if any off-site repair work is needed to keep the rental units operational and in compliance with the specifications herein, and coordinate with the City to repair or replace those rental units within 24 hours.

D. The Contractor shall properly remove, transport, and dispose of all waste collected from rental units, in compliance with all applicable local, state, and federal laws, regulations, and codes.

E. The Contractor shall restock supply bins on an as-needed basis. The City will return unused supplies upon pickup of the rental unit(s).

3.5. Performance of Duties

A. Contractor Responsibilities: The Contractor shall:

1. Provide a designated contract representative to serve as a singular point of contact for the City of Phoenix regarding any inquiries and issue resolutions. The Contractor shall inform the City immediately if any changes occur to the contract representative's contact information.

2. Provide all personnel, labor, equipment, materials, and transportation to deliver, make ready, service, and pick up all rental units.

3. Maintain full responsibility for any damages occurring to the rental units while on City owned or leased property.

4. Coordinate with the purchasing City department(s) and provide Contractor's service personnel with the routes to rental unit sites and any special access instructions.

5. Ensure all vehicles utilized for delivery, servicing, or pickup under this contract are clearly identified with the Contractor's company name and/or logo.

6. Ensure all personnel are wearing a uniform clearly identifying the Contractor's company while performing work under this contract.

7. Service the rental units according to the servicing requirements herein and as per the schedule provided by the purchasing City department. The servicing schedule is subject to change at any time at the City's request.

8. Provide an alternate service schedule for service dates that fall on a City holiday. A list of City holidays is located on the following website:

https://www.phoenix.gov/calendar/holidays.html.

9. Be available to provide services on weekends and holidays.

10. Be in compliance with all applicable local, state, and federal laws, regulations, and codes, including Occupational Safety and Health Administration (OSHA) regulations.

B. Lead Times

1. The Contractor shall deliver and make ready all rental units within three (3) days (72 hours) after receipt of order, unless otherwise agreed upon between the City and

Contractor.

C. Emergency Lead Times: The City may encounter the need for rental units or emergency servicing in which circumstances do not allow for advanced scheduling.

1. The Contractor shall:

a. Provide a 365/24/7 emergency contact responsible for confirming and coordinating the fulfillment of emergency orders.

b. Inform the City immediately if any changes occur to the emergency contact information.

c. Complete emergency servicing and/or deliver and make ready emergency rental units within one of the following timeframes as determined by the City.

i. Within two (2) hours after receipt of order.

ii. Within 24 hours after receipt of order.

2. The City shall contact the Contractor-specified emergency contact upon issuance of an emergency purchase order to confirm the order and coordinate with the

Contractor as necessary. The Contractor shall notify the City immediately if the timeframe determined by the City cannot be met for any reason.

3. The Contractor shall make every possible effort to meet the lead times for emergency deliveries. The City shall not pay the emergency rate for late deliveries.

D. Delivery and Pick-Up

1. The Contractor shall:

https://www.phoenix.gov/calendar/holidays.html

a. Coordinate with the purchasing City department to deliver the rental unit(s) to the proper location within the applicable lead time.

b. Ensure all rental units provided are clean, sanitized, presentable (i.e. free of graffiti), fully-stocked with the applicable supplies, and ready to use upon delivery.

c. Secure all rental units in place upon delivery (i.e. chain to a fence, stake into the ground, etc.) to prevent the unit from tipping or becoming destabilized.

d. Coordinate with the purchasing City department to pickup the rental unit(s) from the proper location within 24 hours of the rental period concluding, or as otherwise agreed upon between the City and Contractor.

2. Portable Restroom Trailers: The Contractor shall:

a. Coordinate with the purchasing City department to ensure the desired City location is suitable and meets the operational requirements of the trailer. The

Contractor shall also assist in determining if the trailer will require a generator and/or freshwater tank for operation at the desired City location.

b. Provide all cables, cords, and hoses necessary to set up and operate the trailer for the rental period.

c. Provide, set up, and maintain a generator if necessary for operation of the trailer during the rental period. Maintenance shall include any supplies necessary to run the generator.

d. Ensure that all cables, cords, hoses, generators and/or other trailer components are securely placed and do not pose a safety hazard (i.e. risk of tripping).

3. Delivery dates according to the specifications herein are selected by the City for a specific reason. Any deviations by the Contractor from the the delivery date may result in Liquidated Damages per Section 5 - Special Terms and Conditions, Item

5.20 Liquidated Damages.

E. Rental Unit Replacements

1. The Contractor shall, at no additional cost to the City:

a. Replace any rental units determined by the City to be in unsafe or unsatisfactory condition.

b. Deliver and make ready any and all replacement rental units within 24 hours of the City's notification.

c. Pick up the rental unit(s) to be replaced within 24 hours of the City's notification.

F. Rental Unit Relocations

1. The Contractor shall, at no additional cost to the City, relocate rental units from one location to another within the rental facility within 24 hours of the City's request, or as otherwise agreed upon between the City and Contractor.

3.6. Billing

A. Rental unit pricing must be all-inclusive of delivery fees, set-up fees, and pick-up fees.

Service pricing must be all-inclusive of transportation costs, labor rates, supplies, and waste removal fees. Any miscellaneous fees not specifically listed in Section 10 - Pricing

Proposal must be included in the Contractor's pricing.

B. No additional fees will apply to work performed under this contract on weekends.

C. The Contractor shall bill the City according to the Rental Period Definitions herein.

Services for a Monthly Rental shall be billed on a monthly basis (31 calendar day period) in arrears. Services for a Daily Rental or Weekly Rental shall be billed on a weekly basis

(seven (7) calendar day period) in arrears.

D. The City shall not pay rental charges for days beyond the established rental period (i.e.

for Contractor's pickup).

E. The City shall not pay for service visits missed according to the service schedule provided by the City, unless the Contractor provided an alternate service schedule for a service visit falling on a holiday, or a change was otherwise agreed upon between the

City and Contractor.

F. Delivery / Service Ticket: The Contractor shall provide a packing list or service ticket for items delivered to the City or services provided to the City. Tickets should include the following and a legible copy shall be provided to the City:

1. Date;

2. City purchase order number;

3. Written description of services which were provided, including the date range (start and end dates) during which the services were provided;

4. Copy of the written service log corresponding to the service ticket;

5. Itemized list of materials which were delivered, including quantity and the date range

(start and end dates) of the rental period;

6. A unique identification number and Contractor name;

7. Signature of City employee who accepted for the materials/services.

3.7. Rental Period Definitions

Rental periods, calculated for each rental unit separately, will be defined as follows for billing purposes:

A. Daily Rental: Any 24-hour rental period. Daily Rental pricing shall apply to rental periods of four (4) days (96 hours) or less, priced per day (24-hour period). A rental period lasting less than 24 hours shall be billed as a full day (24-hour period).

B. Weekly Rental: Rental periods lasting over 96 hours but not exceeding seven (7) calendar days. Weekly Rental pricing shall apply to each seven (7) calendar day period, unless Monthly Rental pricing applies. A rental period lasting over 96 hours but less than seven (7) calendar days shall be billed as a full week (seven (7) calendar day period).

C. Monthly Rental: Monthly Rental pricing shall apply to rental periods lasting at least 28 calendar days but not exceeding 31 calendar days. Monthly Rental pricing shall apply to each 31 calendar day period. A rental period lasting at least 28 calendar days but less than 31 calendar days shall be billed as a full month (31 calendar day period).

3.8. Long-Term Rental Needs and Locations

A list of the City's current long-term monthly rental needs and locations is attached hereto as

Exhibit A. This list is current as of May 2025 and is provided as an example only. The City's actual long-term rental needs will remain fluid throughout the contract term. Locations, rental types and quantities, and servicing frequencies are subject to change at any time.

3.9. Short-Term Rental Needs and Locations

A list of the City's anticipated short-term rental needs and locations is attached hereto as Exhibit

B. This list is current as of May 2025 and is provided as an example only. Short-term rentals may be needed for scheduled or unforeseen events, including but not limited to sports tournaments and water shutdowns at public facilities. The City's actual short-term rental needs will remain fluid throughout the contract term. Locations, rental types and quantities, and servicing frequencies are subject to change at any time.

3.10. Meetings

A. Post-Award Meetings: In addition to the Post-Award Conference referenced in Section 5

- Special Terms and Conditions, Item 5.12 Post-Award Conference, individual City departments may elect to hold a separate Post-Award Meeting with the Contractor to discuss rental unit and servicing needs and the commencement of work under this contract.

B. Meetings by Request: Throughout the contract term, individual City departments may request a meeting through the Contractor's dedicated contract representative to discuss upcoming rental unit and servicing needs, or to facilitate issue resolutions as needed.

The Contractor's dedicated contract representative shall coordinate with the requesting

City department to schedule the meeting and be available to attend the meeting within two (2) weeks of the City's request.

3.11. Aviation Department Supplemental Terms and Conditions

Attached hereto as Exhibit C are the Supplemental Terms and Conditions to all Airport

Agreements.

4. Standard Terms and Conditions

4.1. Definition of Key Words Used in the Solicitation

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information.

May: Indicates something that is not mandatory but permissible.

For purposes of this solicitation, the following definitions will apply:

“A.R.S.” Arizona Revised Statute

“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation.

The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the

Contractor's performance under this contract.

"City" The City of Phoenix

"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

“Days” Means calendar days unless otherwise specified.

“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state.

Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.

“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.

“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for

Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.

“Suppliers” Firms, entities or individuals furnishing goods or services to the City.

“Vendor or Seller” A seller of goods or services.

4.2. Contract Interpretation

A. Applicable Law: This Contract will be governed by the law of the State of Arizona, and suits pertaining to this Contract will be brought only in Federal or State courts in

Maricopa County, State of Arizona.

B. Contract Order of Precedence: In the event of a conflict in the provisions of the

Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:

1. Federal terms and conditions, if any

2. Special terms and conditions

3. Standard terms and conditions

4. Amendments

5. Statement or scope of work

6. Specifications

7. Attachments

8. Exhibits

9. Instructions to Contractors

10. Other documents referenced or included in the Solicitation

C. Organization – Employment Disclaimer: The Agreement resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and will save and hold the City harmless with respect thereto.

D. Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.

E. Non-Waiver of Liability: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.

F. Parol Evidence: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract.

Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

4.3. Costs and Payments

A. General: Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted to the City for the payment of goods or services received. The City will make every effort to process payment for the purchase of material or services within thirty to forty-five calendar days after receipt of a correct invoice, unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the Offer.

B. Payment Deduction Offset Provision: Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to the Contractor from the City.

C. Late Submission of Claim by Contractor: The City will not honor any invoices or claims which are tendered one year after the last item of the account accrued.

D. Discounts: If applicable, payment discounts will be computed from the date of receiving acceptable products, materials and/or services or correct invoice, whichever is later to the date payment is mailed.

E. No Advance Payments: Advance payments are not authorized.