7-Specifications - 250297.pdf

SPECIFICATIONS

Aerial Spraying for Mosquito Control for Harris County

SCOPE

Harris County is soliciting bids from qualified vendor(s) to provide aerial spraying for mosquito control for

Harris County. The term shall begin on or about March 1, 2026 and ending (1) year thereafter or until all services order prior to the expiration date have been satisfactorily delivered and accepted or satisfactorily performed for the using department.

M/WBEs

Harris County strives to engage with prime contractors and subcontractors that represent the diverse businesses of the County. We will ensure that historically underutilized minority- and woman-owned businesses (M/WBEs) receive a fair and equal opportunity to participate in the County's procurement process. The County expects Vendors to make a good faith effort and the Vendor agrees to reasonably assist the County to meet or exceed goals for awarding contracts associated with a project the County procures, operates, maintains, or constructs to M/WBEs.

RENEWAL OPTIONS

Harris County may consider four (4) one-year renewal options, renewable one (1) year at a time, based on the same terms and conditions but pricing will be revised for goods and services according to the attachment titled CPI-W Based Price Adjustment Calculations. Any annual CPI adjustment increase shall be capped not to exceed four percent (4.0%) or a negotiated percentage less than the established cap. Renewal is subject to approval by 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://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm prior to submitting your response. Failure to do so may result in disqualification of your response.

USAGE REPORTS

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, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchased.

CHANGES IN CONTRACT

If any changes to the contract are required, a Change in Contract form shall be generated by Harris County and will be sent to the awarded vendor(s) for execution. Any changes in contract shall be in writing and must be agreed to by both Harris County and the awarded vendor(s). In the event such arrangement is unsatisfactory, the County may opt to choose an alternate means of meeting its needs up to and including a rebid of the entire contract.

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.

NO CONFIDENTIALITY OF BIDS

Once opened, bids are public records. There are no exceptions. When submitting a bid, 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 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 rejected. The terms and conditions contained within this document supersede all conflicting terms within any cooperative contracts associated with this purchase and/or manufacturer/vendor terms and conditions.

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.

INVOICING

Vendor shall furnish Harris County an itemized invoice for services performed. Vendor shall furnish upon request any supporting documentation for invoices including but not limited to service tickets, invoices/receipts of materials used for repairs and subcontractor invoices. Invoices shall state that these specifications have been strictly adhered to, and that the vendor has not received, and will not receive, any money or other type of compensation from any party for the services for which Harris County is paying.

AWARD

Harris County anticipates awarding to a single vendor. In the event multiple vendors are awarded, it is the intention of Harris County to award as best serves the County’s interest in order to assure the County has sufficient coverage to meet its needs, therefore, Harris County reserves the right to award by item, category, overall, or as best serves the county’s interest.

Pricing is an important element of this bid; however, evaluation of the bids will not be limited to price alone.

The ability to perform other requirements stated within this bid will also be weighed for the contract award.

The County may also award to more than one (1) vendor as “Primary” and “Secondary” vendor. The

“Secondary” vendor will be utilized due to time constraints, availability, etc.

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.

SUBCONTRACTING

Vendor may subcontract any part of these contracted services. However, the vendor shall be the party liable to Harris County for strict compliance with all contract specifications. Additionally, Harris County must approve in writing any and all subcontractors prior to the subcontractor providing any services. Vendor and subcontractors will have a minimum of three (3) years of experience in services described in this bid. If the vendor shall subcontract services during the term of the contract, the vendor is required to provide mailto:Patrick.acosta@pur.hctx.net a payment bond in the full amount of the contract upon approval of award for this contract. Harris

County will provide the bond forms to be completed and returned.

SPECIAL REQUIREMENTS

The rates quoted on the BidTable must be all-inclusive. “All-inclusive” shall be construed as costs incorporating all charges for labor, material, equipment, delivery and any other cost incurred. No separate line item rates or charges will be accepted. Quantities are estimates. Harris County may require more or less. In case of discrepancy between unit and total pricing, unit pricing governs.

No compensation will be received for any bid items unless they are actually used on the job under the direction of the field engineer. Any additional items required over and above those listed on the Bid Form will have to be secured on a change-in-contract and are not to be used until they have been approved by the

Harris County Auditor’s Office, Public Health Services and/or Commissioners Court.

It may be required that the vendor submit a sample of specified items on the BidTable for inspection and approval by Public Health Services prior to order placement.

This bid or Commissioners Court approved award does not obligate Harris County or Public Health Services 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 Public Health Services and may be terminated at any time.

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

DELIVERY

Orders shall be placed on an as-needed basis. Order placement must be accompanied by the purchase order number. In the event vendor fails to deliver within the time specified by the vendor, the Purchasing Agent reserves the right to authorize purchases of these products and/or services on the open market. In such event, vendor agrees to reimburse Harris County for the extra cost incurred or provide a credit memorandum to cover the costs so that said amount may be deducted from invoices.

ACCEPTANCE OF GOODS

Harris County reserves the right to test goods for quality and performance. Although the bid may be awarded and confirmed by a purchase order, the goods are subject to rejection if the product(s) fail to perform in accordance with all requirements and specifications and/or fail to meet the needs of the end user.

BEST BID EVALUATION AND AWARD

Under Local Gov’t. Code Chapter 262, which outlines the purchasing and contracting authority of counties, § 262.022(5-a) defines “lowest and best” as “a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, and customer service after a sale.” [emphasis added]. Local Gov’t. Code § 262.027(a)(1) directs commissioners court to award a contract to the responsible bidder who submits the “lowest and best bid”.

Harris County anticipates awarding to a single to provide the described goods and/or services. Therefore, Harris County reserves the right to award by item, category, overall, or as best serves the County’s interest.

Award will be made to the lowest or best bid as determined by the overall evaluation. “Best bid” shall be interpreted as that which best supports the overall needs of the project and end users in consideration of all associated direct and indirect factors which impact cost and performance to include but not limited to:

• Price.

• Ability, capacity and skill of the vendor to perform contract requirements.

• Time constraints, vendor availability.

• Perform within the time specified, without undue delay or interference.

• Quality of performance with demonstrated ability to perform the work in a satisfactory and timely manner.

Bidders who routinely demonstrate deficiencies in providing satisfactory performance during a contract period prior to the issuance of this solicitation, may be rejected

SPECIFICATION

The purpose of this Invitation to Bid (ITB) is to solicit bids from qualified, licensed vendors to provide a comprehensive mosquito abatement program utilizing an integrated pest management (IPM) approach following a declared emergency. The selected vendor shall implement measures to reduce mosquito populations, mitigate public health risks, and enhance the overall quality of life within the designated service areas. It is the intent of Harris County to secure the most cost-effective, efficient, and scientifically sound program for the inspection, surveillance, and abatement of nuisance and disease-vector mosquitoes.

The vendor shall supply all labor, equipment, materials, chemicals, transportation, and supervision necessary to perform an effective mosquito control program. Services shall include, as needed and as required, aerial spraying for mosquito control within Harris County.

1. Surveillance & Monitoring

• Conduct surveillance to identify larval mosquito activity throughout designated areas.

• Apply U.S. Environmental Protection Agency (EPA) -approved larvicides to standing water for effective larval control.

• Develop and implement targeted treatment plans for high-risk locations.

• Ensure full compliance with Texas Department of Agriculture—Pesticide Regulations (or applicable state pesticide regulatory authority) requirements.

2. Larval Control

• Treat swamps, wetlands, catch basins, drainage structures, and other known or potential breeding sites to reduce larval mosquito populations.

• Utilize EPA-approved larvicides in accordance with product labels and regulatory requirements.

• Implement strategic treatment protocols to prevent emergence of adult mosquitoes.

• Maintain documentation of treatment locations, methods, and product usage.

3. Adult Mosquito Control

• Conduct adulticide applications using aerial spraying methods when surveillance data indicate threshold levels have been reached or when directed by the County.

• Ensure all application equipment is calibrated, maintained, and operated by certified personnel.

• Notify the public and appropriate stakeholders prior to adulticide operations as required by applicable regulations.

4. Data Collection and Reporting

• Maintain complete and accurate records of surveillance findings, treatment activities, product usage, and operational metrics.

• Provide incident reports within twenty-four (24) hours documenting environmental, safety, or regulatory concerns.

5. Emergency Response

• Provide rapid response capabilities for vector-borne disease outbreaks or emergency conditions identified by public health authorities.

I. General Requirements:

The vendor shall meet or exceed the following minimum general requirements:

Vendor shall furnish all equipment, services, and chemicals necessary to perform aerial mosquito control in accordance with the terms and conditions of this Contract and any issued Purchase Order(s).

All chemicals used for aerial application must bear an approved label and valid registration number from the U.S. EPA authorizing their use for mosquito control in congested urban environments.

Vendor shall be solely responsible for determining the operational plan, flight paths, and routing of all aircraft required to achieve 100% coverage of designated treatment areas. The vendor is additionally responsible for the notification, coordination, and approval of all aerial operations with the Federal

Aviation Administration (FAA), including initial clearance and daily operational coordination. All aerial activities must be conducted in full compliance with all applicable FAA rules, regulations, and directives.

Emergency Deployment

If Harris County, Texas, declares an emergency condition requiring aerial application of insecticide for mosquito control, the County will issue a Purchase Order to the vendor. Each Purchase Order will specify:

• The geographical boundaries of the designated treatment area (including maps, as applicable);

• The calculated number of acres to be treated;

• Any special provisions or conditions unique to the operation;

• The authorized start date and required completion date; and

• The total compensation for the services to be provided.

No Purchase Order will be issued for an area totaling fewer than 50,000 acres.

Vendor Qualifications

Vendor shall meet the following minimum qualifications:

• Possess a valid Texas Commercial Pesticide Applicator License.

• Comply with all applicable federal, state, and local laws, ordinances, and regulations governing mosquito surveillance and abatement programs, including but not limited to requirements established by:

o The United States Environmental Protection Agency (EPA);

o Texas Department of Environmental Services;

o Texas Department of Public Health; and

• Demonstrate a minimum of three (3) years of experience in providing professional mosquito control services.

• Employ properly trained and certified personnel for all pesticide application activities.

• Maintain all necessary equipment, vehicles, and supplies required to conduct comprehensive mosquito control operations.

Certification Requirements Upon Completion of Spraying

Upon completion of each aerial spraying activity, the vendor shall provide a written certification to

Harris County Public Health Services (PHS), executed by an individual authorized to bind the company.

The certification shall attest to the following:

1. Designated Treatment Area

The chemical was applied only within the area designated by Harris County and not beyond those boundaries.

2. Authorized Chemical Volume

The amount of chemical dispersed was in full conformity with the quantity authorized for use.

3. Chemical Identification and Total Usage

The name, EPA registration number, and total volume of each chemical utilized during the operation.

4. Flight Documentation

The flight paths, dates, and times of each application.

5. GPS Mapping

A Global Positioning System (GPS) map clearly indicating the treated areas.

6. Automated Spray Monitoring Records

An automated monitoring record documenting the spray volume during the application, including:

• Total amount of insecticide applied; and

• Ounces applied per acre.

These totals must correspond with the GPS map of the treated area.

Failure to comply with any of the above requirements (Items 1–6) shall entitle Harris County to deduct

10% of the unit price per acre for each acre found to be noncompliant.

PHS will notify the FAA when an emergency condition exists; however, the Vendor remains responsible for all operational aspects of the insecticide application.

A. Resources

Vendor shall have available key personnel with a combined minimum work force that shall meet or exceed the response time requirements described herein.

Vendor warrants that it will provide qualified, properly trained, and fully licensed personnel who will perform all duties in a professional manner, meaning with the skill, competence, and conduct consistent with prevailing professional standards within the State of Texas.

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

Harris County worksite, alcohol, controlled substances, or firearms. Smoking is not permitted in any area of any facility.

Any employee of the vendor or its subcontractors who, in the reasonable opinion of the Harris

County designated representative(s), does not perform in a professional or skillful manner, or is disrespectful, intemperate, disorderly, or otherwise objectionable, shall, at the written request of

Harris County, 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 Harris County facility without the prior written consent of Harris County.

1. Inventory

PHS does not mandate the vendor maintain a certain level of materials/inventory, however, vendor shall possess sufficient materials to allow for prompt response. The vendor shall maintain or have access to an inventory of all essential components and equipment required to perform the required mosquito aerial spraying services described herein.

B. Account Manager

Vendor shall designate a dedicated Account Manager to serve as the primary point of contact for

Harris County. The vendor shall provide the County with the Account Manager’s name, office location, local telephone number, and email address.

Vendor shall also provide Harris County with a toll-free telephone number for after-hours emergencies. The vendor’s customer service department shall be reachable through a local or toll-free number and shall be available Monday through Friday, from 7:30 a.m. to 5:00 p.m. CST.

Additionally, the vendor shall provide an overnight and weekend contact to ensure continuous availability for urgent matters.

C. Order Process

Vendor shall provide mosquito aerial spraying services on an as needed basis in times of declared emergency. Orders may only be authorized by a designated Harris County PHS representative.

Vendor shall respond to service requests as required within twenty-four (24) hours. Vendor shall adhere to the response times as stated in Section III. Technical Requirements, K. Response To The

Notice Of Declaration of Emergency.

D. Safety Data Sheet (SDS)

Upon request, vendor must provide Safety Data Sheets (SDS) for any and all products and materials purchased under this bid as requested to the PHS designated representative.

All chemicals must be accompanied with a Product Safety Data Sheet (PDS) and Safety Data Sheet

(SDS) with each application.

II. Applicable Laws and Standards

All work shall be performed to the most recent standards and specifications included and stated herein, but not limited to, throughout the contract duration and any updates throughout the life of the contract.

Vendor shall perform work that produces end results in accordance with Harris County Specifications, all Texas and Federal standards, and applicable industry codes in effect at the time of the performance of the specific work.

Permits and Licenses

Harris County reserves the right to direct the vendor to acquire any and all permits required to perform services related to this bid from, but not limited to, City of Houston, Harris County, EPA, FAA, Texas

Commission on Environmental Quality (TCEQ), Texas Department of State Health Services (TDSHS), Occupational Safety and Health Administration (OSHA), and Etc., as applicable throughout the term of this contract at no additional cost to Harris County.

Safety Requirements

Vendor shall comply with all applicable federal, state, and local safety and environmental regulations.

These requirements include, but are not limited to, adherence to the standards and guidelines established by the Environmental Protection Agency (EPA), the Texas Department of Environmental Services, the

Texas Department of Public Health, and all relevant local environmental authorities.

Compliance shall encompass the proper handling, storage, and disposal of pesticides; implementation of worker safety and training programs; provision of appropriate personal protective equipment (PPE);

and the development and maintenance of emergency spill response procedures.

• Vendor shall furnish all safety materials, equipment, and devices necessary to perform all work in a safe, orderly, and compliant manner.

• Vendor must comply with all applicable safety regulations during the loading and off-loading of products and is fully responsible for equipping any aircraft, trucks, or other vehicles used in operations with all equipment necessary to safely handle, transport, and disperse chemicals.

• Vendor is responsible for ensuring that all delivery crews and equipment operators are supplied with appropriate PPE whenever there is a potential for exposure during any phase of operations.

• Vendor must maintain the capability to respond promptly to any incidental material spill occurring during shipping, delivery, or application. The Vendor bears primary responsibility for all spills or uncontrolled discharges during unloading, shipping, or application activities, including compliance with all applicable federal and state reporting, mitigation, and cleanup requirements.

• All product labeling shall conform to Occupational Safety and Health Administration (OSHA) requirements and the Texas Hazardous Materials Communication Act.

III. Technical Requirements:

The vendor shall meet or exceed the following technical requirements.

A. Aircraft – Vendor shall be responsible under this contract to furnish one (1) or more multi-engine fixed winged aircraft equipped for ultra-low volume (ULV) dispersal of insecticides for the control of mosquitoes within the confines of Harris County.

Aircraft must be fully operable and ready for deployment within seventy-two (72) hours of notification by Harris County Public Health Services (PHS). All aircraft and associated spray equipment must dispense chemicals in accordance with product label requirements and fully comply with all applicable regulations of the EPA, FAA, TCEQ, TDSHS, Harris County, and all municipal authorities.

B. Special Aircraft Equipment – The following equipment shall be present on the aircraft for monitoring location(s) of spray applications and the amount of insecticide applied:

1. A GPS system capable of automatically recording spray swath length and width for location(s) of treatment;

2. A device capable of automatically measuring and recording application rates and providing a printed record of this application shall be used to monitor the insecticide amounts being sprayed; and

3. Weather equipment capable of automatically measuring wind speed and direction at ground level and actual spray elevation.

C. Aircraft and Airport Cost – Vendor, at its sole cost and expense, shall provide pilot(s), gas, oil, maintenance, aircraft certification and insurance as required to insure the safe operations of the aircraft at all times under all conditions. Vendor, at its sole cost and expense, shall furnish airport space in an airport in Harris County. All airport costs, including but not limited to, landing and tie down fees, loading or unloading of insecticides, or chemicals necessary to perform the work or comply with all provisions of this contract are the responsibility of the vendor and shall be furnished without cost or expense to Harris County.

D. Pilot or Co-pilot – Vendor shall furnish fully licensed and experienced pilots and co-pilots for all

ULV flights. All pilots and co-pilots shall be properly trained, licensed, and certified, and must meet all applicable FAA, EPA, TCEQ, and other federal and state requirements governing aerial application of insecticides. This includes certification in the commercial pesticide applicator category for aerial application.

E. Pilot Training (minimums) – All pilots in command shall have a minimum of 500 documented flight hours in the aircraft being operated. All pilots in command or otherwise must have a minimum of 100 documented hours of aerial insect control involving ULV flights. All pilots must comply with Federal Drug Free Work Place Policies and FAA regulations regarding operation of the aircraft.

F. Pilot and Co-pilot Licensing and Certification(s) – All pilots, co-pilots, and personnel involved in aerial spray operations must hold all licenses and certifications required by federal, state, and local agencies for aerial insecticide application. This includes FAA licensure and EPA/State of

Texas certification in the commercial aerial application category.

Prior to commencement of the first flight under any issued Purchase Order, and following issuance of a Notice to Proceed, the vendor and all participating flight personnel shall visit the local FAA office to:

• Notify FAA officials of the emergency spraying operations;

• Present all licenses and certifications; and

• Request written verification from the FAA confirming that all requirements for flight operations have been met.

The Vendor shall provide this FAA verification to PHS prior to initiating spray operations.

G. Chemicals

The Director of PHS will determine the products/insecticides that will be used at the time that the emergency is declared and shall be listed on the purchase order. All products shall be handled and applied by the vendor in strict accordance with label instructions, and must meet all local, state and federal regulations, including environmental concerns.

1. Primary Product

• Manufacturer: AMVAC Chemical Corporation

• Product: Dibrom® (Naled), or equivalent

• Application Rate: 0.75 ounces per acre (modifications require PHS approval)

Secondary Product

• Manufacturer: Bayer Environmental Science

• Product: Imperium®, or equivalent

• Application Rate: 0.5 ounces per acre

• May be used in place of Dibrom®, with prior coordination and approval from the PHS designated representative.

2. Equipment and Handling – The vendor shall furnish all equipment, including the insecticides to be sprayed. The vendor shall be responsible for storing, transporting, and loading the insecticide into the aircraft. Storage, transportation, mixing and loading of the insecticide shall be in accordance with the rules and regulations of the local, state and federal law. The vendor shall be responsible for the proper disposal of all empty insecticide containers according to the label instructions and local, state, and federal regulations.

3. Insecticide Management – Insecticides shall be handled in accordance with all appropriate local, federal and state regulations. Insecticides selected for use must be registered for the intended use by the EPA and must be used in a manner consistent with label instructions and precautions. Specifically, at a minimum, the following laws must be adhered to:

a. Public Law 95-296, Federal Insecticide, Fungicide Rodenticide Act, as amended (92 Stat.

819).

b. Public Law 91-596, Occupational Safety and Health Act of 1970, (84 Stat. 1609, 29 USC

668) 29 December 1970.

4. Insecticide Training – All personnel involved in these pesticide applications shall be properly trained in the safe application of insecticides. The vendor shall provide along with their bid, evidence that personnel utilized are properly certified by the state (Texas) in the handling and commercial application of insecticides.

H. Spray – Vendor warrants that all equipment onboard the aircraft is suitable for ULV chemical deployment in full compliance with label instructions, manufacturer requirements, EPA regulations, Texas regulations (including TCEQ and TDSHS), and all other safety and environmental standards.

The Vendor is solely responsible for all matters relating to chemical mixing, handling, application decisions, equipment selection, equipment regulation, maintenance, and operational control.

I. Area To Be Sprayed – The area to be sprayed, estimated to be up to 1,000,000 acres, shall be identified by PHS in the purchase order(s) furnished to the vendor as hereinafter provided. The vendor shall be solely responsible for the determination of the flight path(s) of the aircraft, as required to provide spray coverage within the boundary of the area(s) identified. The vendor shall, without any expense to Harris County, be responsible for determining any restricted flight areas or corridors or other requirements and obtaining all necessary clearance, licenses and permits required for provision of the services herein in a timely manner. The vendor shall comply fully with all such requirements and limitations and with any applicable local, state, federal, municipal laws, codes and regulations in connection with the execution of the work. The vendor shall provide PHS with a GPS record of the treated area(s) and a printed record of the monitoring devices record of the insecticide used within six (6) hours of completion. Additionally, the vendor shall provide PHS with weather data, wind speed and direction from the ground level along with the spray elevation.

J. Spray Schedule – The vendor shall notify PHS of the flight(s) schedule and path(s) before work begins. To maximize abatement, spraying shall be done at peak mosquito activity and when environmental conditions exist that are in accordance to label instructions. The vendor shall be solely responsible for the determination of all conditions and will make all determinations and take all necessary actions to determine the spray schedule and maintain the spray within the boundary of the treatment area as shown in the purchase order. Flight times must be coordinated with and approved by PHS.

K. Response To The Notice Of Declaration of Emergency

The vendor shall be required to respond to all declared emergency calls. Upon notice of a declared emergency event that will require aerial spraying on part of or all of Harris County, the vendor shall immediately make all preparations as described herein.

All equipment and personnel necessary to ensure prompt service and response times described herein shall be located within a six (6) hour flight time from Harris County.

The vendor shall be required to respond to requests from PHS in accordance with the following response time:

• Declared Emergency – Vendor shall respond within twenty-four (24) hour notice of a declaration of emergency.

All necessary actions to comply with the requirements of this contract shall be completed and spraying commenced within seventy-two (72) hours of being notified of the declared emergency.

This schedule may be modified at the discretion of PHS as necessary to reflect the actual requirements at the time the purchase order is issued. Any changes to the schedule must be coordinated and approved by the PHS designated representative. No spraying shall be accomplished until notice to proceed has been given to the vendor by PHS Executive Director or the MVCD Director.

L. Unsatisfactory Performance

PHS reserves the right to consider unsatisfactory performance as grounds for termination of the contract resulting from this bid. Additionally, unsatisfactory performance may negatively impact the vendor’s eligibility for future contract awards of a similar nature. Examples of unsatisfactory performance include, but are not limited to:

• Failure to respond and provide a solution within the designated time frames

• More than one (1) instance within one (1) year the vendor personnel assigned to an authorized service call not having the required licenses and certifications necessary to respond to the declared emergency.

• More than two (2) instances within one (1) year the vendor exceeds the level of response and repair time without prior approval from PHS

If the vendor shall neglect/fail or refuse to provide services within the required time frames specified by PHS, the vendor shall immediately notify PHS in writing of the cause(s) of delay.

If the vendor shall be delayed in the completion of his work due to unforeseeable cause which is beyond his/her control and without fault or negligence, including, but not restricted to, acts of God, the period herein above specified for the completion of delivery shall be extended by such time as approved by PHS.

IV. 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 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.

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 products furnished and/or services performed under the bid having a manufacturer’s guarantee shall be installed/performed 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.