7-Specifications - 250185.pdf

SPECIFICATIONS

SCOPE

Harris County is soliciting bids from qualified vendor(s) to furnish and replace commercial snow and ice spreaders, and commercial agriculture sprayers for de-icing/anti-icing material and related items for the Harris

County toll Road Authority (HCTRA). The term shall begin on or about June 1, 2026 and ending one (1) year thereafter or until all services ordered prior to the expiration date have been satisfactorily delivered and accepted or satisfactorily performed for the using department(s).

It is the responsibility of each vendor to examine the entire bid package, seek clarification in writing, and review their bid for accuracy before submitting. Questions relating to this bid must be submitted in writing through Bonfire. The deadline for submission of questions relating to this bid is listed on the Event schedule of this project. All questions submitted in writing prior to the deadline will be compiled and answered in writing. A copy of all questions and answers will be released as a Public Notice to all firms. The County will not be bound be any information conveyed verbally.

RENEWAL OPTIONS

Harris County may consider six (6) one-year renewal options, renewable one (1) year at a time, based upon the same terms, conditions and pricing as the original year. Renewal is subject to approval by the Harris County

Commissioners Court. Once renewal options are exhausted, the contract must be rebid. Harris County reserves the right to rebid at any time as is in its best interest and is not automatically bound to renew.

CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

Texas law requires all parties who enter into any contract with the County which must be approved by

Commissioners Court to disclose all interested parties. Form 1295 must be completed in its entirety at the following website: https://ethics.state.tx.us/filinginfo/1295/ prior to submitting your response. Failure to do so may result in disqualification of your response.

USAGE REPORT

Harris County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this bid. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Harris County department, description of each item purchased, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchase.

CHANGE IN CONTRACT

Should any changes to the contract be required, a Change in Contract form shall be generated by Harris County

Purchasing and will be sent to the awarded vendor(s) for execution. Any changes in contract shall be in writing and must be signed by both Harris County and the awarded vendor.

PURCHASE ORDERS

Products and/or services must not be provided and invoices will not be paid without a purchase order, signed by the Harris County Purchasing Agent. Purchase orders will be written in annual increments when applicable.

Once a purchase order is issued, the using department will contact vendor directly to place orders.

Sprayer and Spreader Replacement for De-Icing/Anti-Icing Material and Related Items for the Harris

County Toll Road Authority https://ethics.state.tx.us/filinginfo/1295/

INVOICING

Vendor shall submit an invoice upon completion of each deliverable. Deliverables will be considered complete only upon written acceptance by Harris County. Each invoice shall include deliverable(s) completed and the price for each. Invoice shall be submitted on a monthly basis for maintenance work performed during the previous month. All payment requests will be accompanied by applicable: HCTRA Repair Forms, timesheets with itemized work time with the labor charges for each Predictive/Emergency Maintenance call, Preventative

Maintenance Inspection Forms, weekly/monthly reports, and backup tabulations. Monthly reports shall include: Monthly Timesheet Report, Activity Completion Report and Service Call Report. Vendor shall provide a breakdown of charges in an agreed upon format, on the monthly invoice. No charges may be billed to Harris County unless such costs are explicitly included in the agreement. Invoices will be sent to:

Harris County Accounts Payable

1001 Preston Suite 800

Houston, Texas 77002

Or emailed to: VENDORINVOICES@HCTX.NET

The exact format for monthly invoices and other attachments will be agreed upon between the vendor and HCTRA during contract negotiations.

PAYMENTS

Vendor will be compensated monthly based on the quantity of each item on the Pricing/Delivery Information sheet and in accordance with the Harris County payment procedures. Based on the invoice and the applicable weekly and monthly reporting, vendor will be compensated according to the quantity or percent of each bid item that is performed during the month. If vendor does not meet all the staffing requirements and/or service call response/completion times for a particular month, Harris County will deduct those costs as penalties on that month’s invoice.

PAYMENT CARD INDUSTRY COMPLIANCE

As a merchant accepting payment cards, the County is required to maintain compliance with the Payment Card

Industry (PCI) Data Security Standard (DSS). This requirement extends to all cardholder information and systems within the County’s control, including information and systems that may be accessed or managed by

County contracted vendors.

A County contracted vendor may have access to confidential information, which may include customer credit card information, that may be accessed and utilized by the vendor to perform services under the terms of this

Agreement and/or other agreements between the County and said vendor. The vendor acknowledges that any such confidential information is the sole property of the County and the vendor agrees to protect and secure the information from unauthorized access, whether by the vendor’s employees or other parties.

The vendor agrees to comply with the PCI DSS in all vendor-owned systems, networks, and hosts which interface with County-owned systems. The vendor agrees that the processes it uses for developing and/or accessing systems that contain client confidential information will be PCI DSS compliant. The vendor agrees to promptly notify the County of any security breach or failure of a vendor-owned system that affects confidential information belonging to the County.

NO CONFIDENTIALITY OF BIDS

Once opened, bids are public record. There are no exceptions. When submitting a bid, the vendor must be sure to redact confidential information if the information is needed to address requirements of the bid. If there are any questions concerning confidentiality of information to be submitted, contact Patrick Acosta immediately mailto:VENDORINVOICES@HCTX.NET at Patrick.acosta@pur.hctx.net.

ALTERATION OF DOCUMENT

No alterations may be made to this document. Any alterations made may result in the bid being deemed non-responsive and rejected. The terms and conditions contained within this bid supersede all conflicting terms within any cooperative purchasing contracts associated with this purchase.

TOLL/PARKING FEES

Any and all toll/parking FEES incurred by the vendor during the term of this contract will be the responsibility of the vendor.

SPECIAL REQUIREMENTS

Vendor may offer for sale additional items related to the scope of goods and/or services described herein and/or listed on the BidTable. Though the related items offered may be considered during the award recommendation, and/or may be made a part of a subsequent contract, if any, with Harris County, the effect of the related items cannot be extended and totaled in determining the lowest bidder since an estimated usage is unknown.

Purchases by Harris County of related items should not exceed 20% of the total annual purchases under the contract.

The rates quoted on the BidTable must be all-inclusive. “All-inclusive” shall be construed as costs incorporating all charges for labor, material, equipment, testing and any other cost incurred. No separate line item rates or charges will be accepted.

During the term of the contract, only industry-wide changes in price, reflected by documentation from supplying manufacturer/mill(s) will be approved. Pricing is subject to manufacturer’s increase/decrease, and for the amount of the increase/decrease only. Prices cannot be increased for ninety (90) days after the contract begins. Prices cannot be increased within ninety (90) days of any previous price increase. Price reductions must be applied to Harris County costs as soon as applied to vendor’s costs.

This bid or Commissioners Court approved award does not obligate Harris County to the eventual purchase of any product/service described, implied or which may be proposed. Progress toward this end is solely at the discretion of Harris County and may be terminated at any time.

The County may award to more than one (1) vendor as “Primary” and “Secondary” vendor. The “Secondary” vendor will be utilized due to time constraints, availability, etc.

SPECIFICATION

To support HCTRA’s mission of maintaining a safe and reliable mobility system, Harris County Toll Road

Authority (HCTRA) is soliciting bids for the purchase and delivery of commercial snow and ice control equipment, commercial agricultural sprayer equipment, and related components.

All equipment furnished under this solicitation shall be new, unused, current production models, and free from defects. Refurbished, remanufactured, discontinued, or end-of-life equipment shall not be accepted.

I. GENERAL REQUIREMENTS

Vendor shall meet or exceed the following general requirements:

A. Minimum Vendor Qualifications & Experience

Vendor shall meet the following minimum vendor qualifications:

mailto:Patrick.acosta@pur.hctx.net

1. Resources

Vendor shall maintain a force of qualified professionals on staff and have adequate staff to provide service at more than one (1) location at a time. Vendor shall maintain sufficient staffing, facilities, equipment inventory, and supply chain resources to meet delivery schedules and warranty response requirements described herein.

Vendor warrants it shall provide qualified personnel who shall perform in a professional manner.

“Professional manner” means personnel possess all required licenses, certifications, training, and experience consistent with prevailing industry standards within the State of Texas. Vendor shall provide documentation of certifications upon request.

At no time shall vendor permit or allow vendor personnel or subcontractors to have present at any

HCTRA worksite, alcohol, controlled substances, or firearms. Smoking is not permitted in any area of any facility which is enclosed or in the finish-out stage of construction.

Any person employed by vendor or any subcontractor who, in the reasonable opinion of the HCTRA

Project Manager, does not perform in a professional or skillful manner, or is disrespectful, intemperate, disorderly, or otherwise objectionable, shall, at the written request of HCTRA, be removed from the jobsite by the vendor or any subcontractor employing such person. Any such person who is removed shall not be assigned again to any HCTRA facility without the prior written consent of HCTRA.

2. Account Manager

The vendor shall provide the County with a local account manager (name, location, local phone number and email address). Account manager shall provide a bi-annual and annual usage report, as requested by Harris County. The customer service department and contact information shall be a local or toll-free number and available Monday through Friday, 7:30 a.m.– 5:00 p.m. CST. An overnight and weekend contact shall be provided by the vendor.

• Vendor shall respond to County inquiries within one (1) business day.

• Vendor shall provide written order confirmation within one (1) business day of receipt of purchase order.

• Vendor shall provide status updates upon request within one (1) business day.

• After-hours emergency contact shall provide response within four (4) hours for urgent operational issues.

3. Meetings

Vendor shall attend bi-monthly meetings upon request, with HCTRA to discuss any issues, procedural updates, or other issues affecting the services performed under the contract. Vendor representative attending shall have authority to resolve contractual, warranty, and performance issues. All meetings shall be documented and made available to HCTRA. Meetings shall be held with a vendor representative with the ability to address contractual issues that may develop.

B. Applicable Laws and Standards

Vendor shall comply with all applicable Federal, State of Texas, and local laws, regulations, safety standards, and industry codes in effect at the time of manufacture, delivery, and installation. Vendor shall be responsible for ensuring equipment complies with all applicable DOT, OSHA, and TxDOT requirements.

1. Safety

All safety materials and or devices necessary to perform the work in a safe and orderly manner shall be furnished by the vendor. Safety equipment for vendor personnel include but is not limited to, reflective vests, hardhats, protective gear including safety glasses and ear plugs, and safety lighting for all vehicles.

Vendor shall maintain project site(s) in a clean and orderly fashion and remove all trash, debris, containers and etc. from the project site(s) upon completion of work each day and dispose of materials in accordance with Federal and State regulations at no additional cost to HCTRA. Harris County is not responsible for vendor errors and omissions.

Vendor shall be solely responsible for compliance with OSHA safety regulations and shall indemnify

County for violations attributable to Vendor.

2. Permits and Licenses

Vendor shall obtain and maintain, at no additional cost to HCTRA, all permits and licenses required to manufacture, transport, deliver, and install the equipment.

II. TECHNICAL REQUIREMENTS

Where specific manufacturer names and part numbers are listed, they establish the minimum standard of quality and performance. Equivalent products may be submitted for consideration; however, any proposed equivalent must be pre-approved in writing by HCTRA prior to award. Vendor bears the burden of proving equivalency. Unauthorized substitutions shall result in rejection and replacement at Vendor’s sole expense.

The vendor shall furnish and deliver, to Harris County, commercial agriculture sprayer equipment, commercial snow and ice control spreader equipment, and related items that meet and/or exceed the following minimum specification requirements:

A. Commercial Agriculture Sprayer Equipment

The goal of the portion of this project is to obtain three (3) de-icing/anti-icing material sprayers for the

HCTRA system on an annual rotation to ensure our winter weather operations equipment fleet remains at peak operability. Vendor shall guarantee availability of replacement parts for a minimum of five (5) years from date of delivery. Vendor shall provide documentation confirming corrosion resistance coatings and protective treatments suitable for chloride exposure.

The corrosive nature of the de-icing materials is the key factor in the deterioration of the equipment.

Even with extensive cleaning and neutralization efforts conducted for off-season storage, continued use year-over-year inevitably leads to equipment issues and challenges.

HCTRA’s goal is to have a steady annual rotation of new equipment to increase reliability and operability of this critical equipment. There is currently a total of fifteen (15) sprayer units split across the HCTRA system. HCTRA plans to replace three (3) of the units per year until all fifteen (15) sprayer units are replaced. Based on this frequency, the entire fleet would be replaced at an acceptable rate of

(5) years.

Based on HCTRA’s current de-icing/anti-icing operations which have been refined over the past few years, the need to maintain the same type of equipment is of paramount importance to maintain the current level of service.

Current Equipment:

The current age of HCTRA’s Sprayer fleet status is over ten (10) years old.

The vendor shall furnish and deliver, to Harris County, commercial agriculture sprayer equipment that meet and/or exceed the following minimum specification requirements:

1. 500-gallon Trailer-mounted Sprayer with Department of Transportation (DOT) Equipment

Item Description: 500HE Tag Trailer Sprayer with DOT Equipment or equivalent

Manufacturer: Wylie & Son Incorporated

Part No.: DO7500T

Equipment features:

• DOT approved five hundred (500) gallon elliptical tank,

• Tandem axle

• Electric brakes and Light Emitting Diode (LED) light package

• Two (2) inch adjustable ball hitch

• Heavy duty fender

• Gross Vehicle Weight Rating (GVWR) of six-thousand (6,000) pounds.

• Equipment shall be delivered fully assembled, tested, and ready for operation.

2. Flat Fold Boom

Item Description: Flat Fold Boom with Plumbing Kit

The Flat Fold Boom must be equipped with the following requirements:

Description: Boom Assembly

Part Number: W8112

Dimensions:

• Twenty-seven (27) foot flat fold boom

• Poly spring breakaway

• Less plumbing

Description: Boom Mounts

Part Number: W8869-LCS

Dimensions: LCS Trailer mount kit for W8112 boom assembly

Item Description: Plumbing Kits

Part Number: W8112-HSQ

Description: Twenty (20) foot plumbing kit with single quickjet nozzle bodies, standard hose and nozzle clamps, 3-section boom

3. High Performance Gas Engine Driven Centrifugal Pump

Item Description: High Performance Gas Engine Driven Centrifugal Pump

Manufacturer: ACE Pumps

Part Number: GE-660-HONDA-ES

Equipment features:

• 1-1/2 inch NPT suction x 1-1/4 inch NPT discharge

• Maximum Pressure 115 PSI (7.9 BAR)

• Maximum Flow 110 GPM (416 LPM)

• Thermoplastic Impeller OR optional cast iron impeller that attaches directly to ¾” keyed shaft.

• Large Vent area between pump and engine

• Standard Viton Carbon/Ceramic seal OR optional Severe Duty Silicon Carbide Mechanical Seal

• OPTIONAL E-coat provides excellent corrosion prevention with chlorides

• Electrical start engine

• Pump components exposed to de-icing chemicals shall be corrosion-resistant.

4. Control Panel for WP MV Control System

Item Description: Single electronic control

Manufacturer: Texas Industrial Remcor, Inc.

Part Number: CPL.2465L.WP

Equipment features:

• Zero to two-hundred (0-200) Pounds per Square Inch (PSI)/ One thousand – three hundred and seventy-eight (1378) kilopascal (KPA) Liquid-Filled Pressure Gauge

• Master On-Off Switch | Power Relay (PR) Switch

• Twenty (20) foot Sprayer Harness

• Eight (8) foot Power cord with fuse holder and fuse

5. Raven Boom Valves

Item Description: Electronic Plunger Valves

Manufacturer: Wylie & Son Incorporated

Part Number: 063-0172-039

Equipment features:

• Five (5) section electrical plunger valve

• 40 GPM flow rate at a 5 PSI pressure drop

• 0.7 seconds close time

• Banjo flange fittings

• 175 PSI Maximum working pressure

• Various mounting positions

• Available as single units or as manifolds of multiple valves

B. Commercial Snow & Ice Control Spreader Equipment

The goal of the portion of this project is to obtain four (4) commercial snow and ice control material spreaders for the HCTRA system on an annual rotation to ensure our winter weather operations equipment fleet remains at peak operability. Vendor shall guarantee availability of replacement parts for a minimum of seven (7) years from date of delivery. Vendor shall provide documentation confirming corrosion resistance coatings and protective treatments suitable for chloride exposure.

• Vendor shall certify equipment structural integrity under full load capacity.

• All welded seams shall meet AWS standards.

• Electrical systems shall be weather-sealed and protected against corrosion.

The corrosive nature of the de-icing materials is the key factor in the deterioration of the equipment.

Even with extensive cleaning and neutralization efforts conducted for off-season storage, continued use year-over-year inevitably leads to equipment issues and challenges.

HCTRA’s goal is to have a steady annual rotation of new equipment to increase reliability and operability of this critical equipment. There is currently a total of twenty-six (26) spreader units split across the HCTRA maintenance system. HCTRA plans to replace four (4) of the units per year until all twenty-six (26) sprayer units are replaced. Based on this frequency, the entire fleet would be replaced at an acceptable rate of seven (7) years.

Based on HCTRA’s current de-icing/anti-icing operations which have been refined over the past few years, the need to maintain the same type of equipment is of paramount importance to maintain the current level of service.

Current Equipment:

The current age of eighty-five (85) percent of HCTRA’s spreader fleet is over twelve (12) years old

The vendor shall furnish and deliver to Harris County, commercial snow and ice control spreader equipment that meet and/or exceed the following minimum specifications:

1. V-Box Material Spreader:

Item Description: FSH-II Salt/Sand Spreader or equivalent

Manufacturer: Henderson

Part Number:

Equipment Features:

• Approximately eight (8) Cubic Yard (CY) capacity

• Inverted V

• Top grate screen

• Hold down kit for dump body application

• Lighting package o Turn signals o ICC lights o Side lights

• Extended front idler adjusters (grease tubes included)

• Trunnion latch for tailgate

• Installed chain oiler

• Liquid pre-wetting system (Hydraulic)

• Spreader stand with guide wheels

• Two (2) Two-hundred gallon (200) poly saddle tanks with plumbing

• Ladder platform with ladder

• Inside seams are continuously welded for extreme duty.

• Sides and ends are ten (10) gauge and floor is seven (7) gauge steel.

• Top edge of hopper is a formed “J” shaped channel for added rigidity and strength.

• Conveyor is twenty-four (24) inch wide

• All steel pintle type chain

• One fourth (¼) inch by one and a half (1 ½) inch cross bars

• Crossbars spaced on four and a half (4 ½) inch centers

• Sprockets are cast iron and are keyed to the drive and idler shafts to prevent slippage and maintain chain alignment.

• Conveyor chain is protected by a formed ten (10) gauge replaceable bolt-in shield.

• Two (2) five-eighths (5/8) inch stainless steel chain adjusters with four (4) inch of idler adjustment to provide optimum chain tension.

• The motor is mounted directly to the gear case to eliminate sprockets, chains and couplers for reduced maintenance.

• The telescopic chute assembly is ten (10) gauge steel and is totally enclosed with two (2) internal adjustable baffles.

• Three (3) external adjustable deflectors and one front fixed deflector with over lapping corners also contribute to accurate control of material spread pattern.

• A quick latching bypass chute diverts material behind the spinner chute for fast unloading.

• The twenty (20) inch diameter spinner disk with replaceable hub and six (6) vanes are constructed of ten (10) gauge stainless steel.

• All surfaces are high-pressure cleaned and degreased with a phosphate solution before being primed and finish painted with Highway Orange paint.

III. LIQUIDATED DAMAGES

Time is of the essence of each and every provision of the Contract. Vendor shall deliver equipment within fourteen (14) calendar days after receipt of purchase order. Failure to meet delivery schedule without written extension may result in liquidated damages. If the vendor fails to acceptably complete the work within the time specified, liquidated damages may be assessed at one percent (1%) of total equipment cost for each and every calendar day of delay, not to exceed ten percent (10%), for each and every calendar day of delay in completing the contract work beyond the time prescribed for completion of the work, as Liquidated

Damages and not as a penalty or forfeiture.

The vendor specially binds and obligates itself to pay such Liquidated Damages to the County on demand, or at the County’s option the County may withhold the amount thereof from any sums due the Contractor under this Contract.

IV. DELIVERY

Shipping and any associated costs shall be included in the overall cost of the vendors bid. Vendor is fully responsible for the delivery of all items to the specified destinations (i.e, costs, arrangements, replacement of lost shipment, rejections, claims, warranty items and etc.). The vendor shall coordinate all deliveries directly with HCTRA for an effective and efficient delivery process. All materials shall be delivered F.O.B.

destination as directed by the Harris County designated representative to HCTRA. Since some of the stockpile locations may be difficult to locate, once the freight driver reports to a delivery location, the driver may be escorted to the stockpile location for unloading.

All items of a shipment shall be identified with weather resistant labeling indicating manufacture, contract number, package quantity and other necessary identifying information. Harris County shall be notified forty-eight (48) hours prior to delivery of any items so that personnel may be available to accept delivery.

County shall have ten (10) business days after delivery to inspect equipment. Acceptance occurs only after written confirmation of compliance.

Rejected equipment shall be removed and replaced within ten (10) business days at Vendor’s expense.

V. Warranty

All product(s) and/or service(s) provided by the vendor under the terms of this solicitation shall be warranted to be free from defects in material, workmanship, and free from such defects in design for a period of one

(1) year and shall cover 100% parts and labor. The warranty period shall commence upon the later of acceptance of the product and/or service or payment of the applicable invoice(s). Vendor further warrants that any services or other work performed by vendor or any subcontractor in connection with this bid shall be performed using commercially reasonable skill and care and be of a professional quality consistent with generally accepted industry standards and practices. Vendor warrants that all products and/or services furnished under this bid shall conform in all respects to the terms of this bid, including any drawings, specifications, and/or standards incorporated herein, including, without limitation, those detailed in the procurement solicitation and purchase order. All services shall be performed by qualified personnel in accordance with the highest professional standards.

• Vendor shall respond to warranty service calls within one (1) business day and shall begin corrective action within three (3) business days.

• If equipment is inoperable and repair exceeds five (5) business days, Vendor shall provide temporary replacement equipment at no cost.

• Warranty shall include parts, labor, travel, diagnostic costs, and freight.

• Vendor shall maintain a local or regional authorized service provider capable of performing warranty repairs.

In addition, vendor warrants that product and/or services are suitable for and will perform in accordance with the purposes for which they are intended. Vendor shall assume all liabilities incurred within the scope of consequential damages and incidental expenses, as set forth in the vendor or manufacturer’s warranty, which result from either delivery or use of product, which does not meet the specifications within this procurement solicitation, or purchase order.

All items installed under the bid having a manufacturer’s guarantee shall be installed by or under the direction of the manufacturer and its certified agency when so required, to conform to the manufacturer’s guarantee.

All such manufacturer’s guarantees, and warranties shall be forward to the Harris County designated representative prior to leaving the job site.

If the manufacturer’s standard warranty period exceeds one (1) year, then the standard warranty period shall be in effect. Vendor shall be ultimately responsible for the warranty.

Vendor hereby transfers to Harris County, to the extent transferable, whatever warranties and indemnities vendor receives from the manufacturer, producer, or other provider of any third-party products or services, including any transferable warranties and indemnities respecting infringement. Vendor agrees to take commercially reasonable action to assist Harris County in pursuing any available remedies under or otherwise enforcing any such warranties and indemnities.

1. Vendor shall obtain and submit a written warranty for replacement of any integral part of equipment listed herein, as guaranteed by the factory/manufacturer.

2. The warranty period shall be for no less than twelve (12) months after delivery and installation to

Harris County.

3. Applicable equipment warranty shall include all conditions and response times for repair and/or replacement of any components during the warranty period.

4. Vendor shall provide manufacturer’s documented expected service life under normal operating conditions.

5. Detailed information as to proposed return policy on all installed equipment.

A. Return Policies

Return of product will be made directly from the originating Department locations. Orders arriving to

Harris County damaged will be the responsibility of the awarded vendor to resolve with the freight carrier and replace any damaged materials at no cost to the County. Should non-conformed item(s) (e.g., defective, non-authorized and/or unauthorized purchases) ship and deliver to the County, the awarded vendor shall be responsible for the return and arrangements of the items and the corrective action to replace said items at no extra cost to Harris County. Vendor shall remove and replace non-conforming goods within ten (10) business days of notice. Return of unused or undamaged items will be allowed without restocking charges.

B. Equipment/Material Acceptance

All parts, equipment, and materials shall be in compliance with HCTRA’s specifications, Harris County standards and specifications latest edition and other standards described herein. All parts, equipment, and materials furnished and installed shall be new, unused, corrosion resistant, and in strict accordance with this specification. Equipment shall not be a discontinued model and shall not be within twelve (12) months of manufacturer-announced end-of-production.

HCTRA reserves the right to reject any parts, equipment, and/or materials that do not comply with the specifications and standards described herein.

All equipment, parts, and related hardware provided by the vendor shall meet the original equipment component manufacturer’s specifications and warranty. All hardware furnished and installed by the vendor shall not be a discontinued product nor shall the vendor provide hardware that is at or approaching its End-of-Life.

C. Claims and Disputes

Vendor and HCTRA will attempt in good faith to resolve any dispute by the following dispute resolution process: Good faith efforts will be made by the vendor’s PM and HCTRA PM to resolve issues that arise at the project management level in a prompt and equitable manner. If the aforementioned PMs fail to reach an equitable resolution to the issue, either party may notify the HCTRA Director in writing of the dispute and request that a meeting be held between vendor’s Senior Representatives and HCTRA

Director or designee. Parties shall endeavor to meet a mutually agreed time and place within ten (10) calendar days of such written notice and attempt in good faith to mediate a resolution of the issue. The

HCTRA Director shall act as referee to all disputes, and his determination shall be binding on all.