Specifications - 260059.pdf

SPECIFICATIONS

SCOPE

Harris County is soliciting bids from qualified vendor(s) to furnish and provide concrete traffic barriers (CTB) and related items for the Harris County Toll Road Authority (HCTRA). The term shall begin on or about July 30, 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 by any information conveyed verbally.

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 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. In the event it becomes necessary to add or delete departments, locations or government entities receiving this service, the following parameters shall apply.

Concrete Traffic Barrier Services and Related Items for the Harris County Toll Road Authority https://ethics.state.tx.us/filinginfo/1295/

a. Harris County Purchasing will notify the awarded vendor in writing and establish an effective date at which a department/location/entity will begin or cease to receive service.

b. Harris County Purchasing will amend the contract by defining the nature of revisions, including but not limited to, locations and the starting/ending date of service, etc. on a Change in Contract form, which the awarded vendor must sign.

PAYMENT CARD INDUSTRY COMPLIANCE

Harris County is a Level 3 merchant with the exception of the Harris County Toll Road Authority which is a

Level 1 merchant. 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 at

Patrick.acosta@harriscountytx.gov.

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.

EVALUATION

If products other than the products specified are bid, Harris County reserves the right to evaluate the products bid, at no expense to the County. As long as the products bid are equal to or better than those specified, they will be considered; however, the final decision as to whether or not the products bid are equal to or better than the products listed will lie solely at the discretion of Harris County. Pricing will not be the only factor analyzed. After opening bids, but prior to the award recommendation, Harris County may require documentation demonstrating the effectiveness of supplier’s products as compared to the products required.

mailto:Patrick.acosta@harriscountytx.gov

REQUEST FOR SAMPLES

A sample of the bid products and equipment may be requested for inspection by Harris County after bids are opened, but prior to award of contract. The sample(s) of the unsuccessful vendors will be available for return after award. However, the sample(s) of the successful vendor(s) will be retained for comparison with the products shipped, and then available for return. Harris County will coordinate the delivery and return of sample with the vendor(s).

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.

INVOICING

Vendor’s invoice shall include description of service, purchase order number, personnel and job performed, quantity and unit price as specified on the BidTable(s) and supplier’s invoice(s) for reimbursement. A brief narrative shall be included with each invoice.

All items listed on the BidTable(s) will be paid at the price bid. Regarding dedicated equipment, vendor should include delivery and any other charges into the rates. Any contingencies must be included into the elements on the BidTable(s).

Harris County will make payment within thirty (30) days of satisfactory delivery of equipment or within thirty

(30) days from receipt of a correct invoice, whichever is later.

PRODUCT ACCEPTANCE

All parts, equipment, and materials furnished and installed shall be new, unused and corrosion resistant. 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 goods fail to perform in accordance with all requirements and specifications, and/or fails to meet the needs of the end user.

If any defects in the items supplied are noticed, such items will be rejected, and the rejected items shall be removed by the vendor at their own expense within fifteen (15) days of receipt of notifications of the rejection. Upon notification of rejection, vendor shall immediately replace all rejected items with others conforming to the standards and specifications. Vendor shall not furnish discontinued or products approaching End-of-Life as part of the resulting contract.

DELIVERY

All items must be packaged to be protected from damage during shipping and handling. Any item(s) damaged in shipping must be replaced in kind or repaired by the vendor at the discretion of and at no additional charge to Harris

County. Delivery shall be F.O.B. inside on an as needed basis, by request only, and only when person(s) authorized to make such requests on behalf of Harris County places the order. Order placement must be accompanied by the purchase order number and must be made to the Harris County, TX address stated on the purchase order at time of issue. In the event vendor fails to deliver within the time specified by the vendor in the bid response, 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.

Notify HCTRA Maintenance Dispatch at Maintenance.dispatch@HCTRA.org two to three days in advance of delivering portable traffic barrier to the Gold Moss Maintenance Yard indicated in the plans to ensure gates remain unlocked.

mailto:Maintenance.dispatch@HCTRA.org

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 affect 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 constructed 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.

SUBCONTRACTORS

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 shall include a list of potential subcontractors with their response. If subcontractors will be utilized to fulfill any requirements of this bid, then a payment bond for the full amount of the awarded contract will be required. Harris County will provide the bond documents to complete.

Should the awarded vendor use any subcontractor(s) to perform the physical services required under this contract and the total contract amount proposed exceeds $25,000, the vendor shall be required to obtain a payment bond for the total amount of the vendor’s proposal. The payment bond shall remain in effect for the entire initial term of the contract. For the purposes of this bid, a subcontractor shall include anyone performing any Work or Services under the resulting contract not directly employed by vendor. Subcontractor includes but is not limited to, personnel provided by staffing agencies or other means, personnel in direct contractual relationship with vendor, or those being paid as 1099 personnel. Where appropriate, it shall also mean trade vendors.

By law, any subcontractor used on any Harris County contract/job must be paid by the awarded vendor. Any cost associated with the payment bond must be included in the costs associated with this contract. A new payment bond will be required each year the contract is renewed. Harris County will provide the appropriate bond documents to the awarded vendor to complete and submit prior to commencing any work.

PAYMENT BONDS

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. If the vendor shall subcontract services during the term of the contract, the vendor is required to provide 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.

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.

BACKGROUND

HCTRA improves mobility in the Greater Houston Metropolitan area through effective operation of tolled urban highway systems, while upholding a commitment to leadership, public service, and quality of life.

HCTRA is an Enterprise Fund of Harris County and relies on charges from users of the toll road system to fund operations, debt service, and future projects. Led by its Executive Director, Roberto Trevino, HCTRA operates through multiple divisions that include Administration, Capital Planning, Capital Projects & Infrastructure, Tolling Operations, Public Safety & Operations, and Finance.

The HCTRA Toll Road System consists of approximately 132 miles of roadway to include the Hardy Toll Road, Sam Houston Tollway, Westpark Tollway, Fort Bend Parkway, and the Katy Managed Lanes.

SPECIFICATIONS

The Harris County Toll Road Authority (HCTRA) seeks qualified vendors to furnish, deliver, and provide related services for forty-two (42) inch single-slope Concrete Traffic Barriers (CTBs) with J-J hook connections and associated components on an as-needed basis.

The vendor shall provide all labor, materials, equipment, transportation, supervision, and incidentals necessary to complete delivery services in accordance with County requirements and all applicable federal, State of Texas, and local regulations. All deliveries shall be coordinated with the designated HCTRA representative and shall be performed only upon issuance of a written work authorization or purchase order.

I. GENERAL REQUIREMENTS

Vendor shall meet or exceed the following general requirements:

A. Account Manager

Vendor shall designate a dedicated local account manager responsible for all aspects of contract administration, coordination, performance oversight, and communication with Harris County. The

Account Manager shall serve as the primary point of contact for all County inquiries, service requests, reporting requirements, and operational coordination. This point of contact shall be available during regular working hours at the vendor’s location, or via cellular telephone. The vendor shall ensure that all applicable personnel involved in contract performance are equipped with reliable communication devices sufficient to maintain continuous contact with the County, including mobile or cellular telephone capability.

1. Account Manager Requirements

The vendor shall provide the following information for the assigned Account Manager:

• Full name

• Business address or assigned office location

• Direct telephone number (local or toll-free)

• Email address

The Account Manager shall:

• Be available during County business hours (Monday through Friday, 7:30 a.m. to 5:00 p.m. CST, excluding County holidays)

• Respond to County inquiries within one (1) business day

• Provide usage reports and any additional documentation requested by the County

• Coordinate all service-related activities and escalation matters

The vendor shall notify the County in writing of any change in Account Manager and shall provide a qualified replacement subject to County approval within five (5) business days.

After-Hours and Emergency Contact Requirements:

Response capability shall be maintained at all times, including nights, weekends, and holidays.

Vendor shall provide a dedicated emergency contact that may be contacted after hours, including nights, weekends and holidays.

• A single dedicated emergency telephone number shall be provided to the County

• The emergency contact shall be staffed by a live representative or on-call escalation system capable of immediate response

• The vendor shall ensure escalation to qualified personnel for urgent or emergency service requests

2. Office, Operational Support and Customer Service Requirements

The vendor shall maintain a fully operational customer service function and maintain a fully functional office presence within the Greater Houston Area sufficient to support contract performance and responsiveness.

• The office shall be staffed during normal business hours, Monday through Friday, 7:30 a.m. to

5:00 p.m. CST, excluding Harris County recognized holidays.

• Customer service shall be accessible via a local or toll-free telephone number

• Customer service representatives shall be able to respond to routine inquiries, order status, and service coordination requests

• Staffing shall be adequate to support order processing, logistics coordination, and County communication needs

• The County reserves the right to verify operational capability at any time during the contract term

3. Reporting

The vendor shall submit reports as requested by HCTRA, Reports and format standards will be approved by HCTRA as directed by HCTRA designated representative. The reports shall include, but not be limited to, the following:

Usage Reporting Requirements

Each usage report shall detail all services provided to date under the contract and shall include, at a minimum, the following information:

• Harris County department receiving the service;

• Description of each service provided, including service type;

• Quantity of each service performed;

• Unit price and extended price of each service; and

• Total quantity and value of all services rendered to date.

For purposes of this section, “working days” exclude weekends and Harris County holidays (refer to

Harris County Holidays for the current schedule).

All usage reports shall be computer-generated and formatted in Microsoft Excel (latest edition) or another format approved in writing by Harris County. Reports shall be provided electronically or on compact disc (CD), as directed by the County.

B. Experience

Vendor shall be an established business engaged in the provision of labor, equipment, tools, and materials necessary to furnish and deliver CTBs and related components.

Vendor shall have a minimum of three (3) years of verifiable experience within the past six (6) years performing work of similar scope and complexity. Comparable experience shall include the supply, delivery, and coordination of precast concrete traffic barriers or similar transportation infrastructure materials.

Vendor shall provide documentation sufficient to demonstrate qualifications and experience, which shall include, at a minimum:

• A description of relevant projects completed within the required timeframe

• Names of clients or agencies for whom similar services were performed

• Contact information (including names, addresses, and telephone numbers) for client references

• Description of Vendor’s role and responsibilities in each referenced project

Supplemental materials such as photographs, project summaries, or performance documentation may be included; however, they shall not substitute for verifiable reference information.

The County reserves the right to contact references and verify all submitted experience information as part of the evaluation process.

C. Resources

Vendor shall maintain adequate staffing, equipment, and logistical resources necessary to perform all requirements of this contract in a timely and efficient manner.

Vendor shall ensure sufficient personnel are available to:

• Support simultaneous deliveries at multiple locations when required

• Meet all established delivery schedules and response time requirements

• Coordinate scheduling, transportation, and delivery operations without delay

• Respond to routine, urgent, and emergency County requests in accordance with contract requirements

Vendor shall be solely responsible for managing workforce capacity, subcontractor utilization (if applicable), and operational readiness to ensure uninterrupted performance. Insufficient staffing, equipment availability, or internal resource limitations shall not be accepted as justification for failure to meet contractual obligations.

Vendor shall maintain sufficient staffing levels to deliver goods at multiple locations simultaneously and meet all response time requirements.

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.

The vendor shall provide all equipment, parts and materials and perform work that produces end results in accordance with HCTRA’s specifications, Harris County Public Infrastructure Coordination (PIC)

Specifications and Standards’ TXDOT Standard Specifications for Construction of Highways and Bridges, latest edition. TXDOT Traffic Engineering Standard Plan Sheets, Texas Manual on Uniform Traffic Control

Devices, (TMUTCD), local utility requirements, and applicable industry codes in effect at the time of the performance of the specified work and consistent with the manufacturers repair and maintenance practices.

III. TECHNICAL REQUIREMENTS

All services shall be performed only upon issuance of a written work authorization or purchase order issued by an authorized HCTRA representative. All equipment, materials, and services furnished under this contract shall comply with all applicable federal, State of Texas, and local laws, regulations, codes, and industry standards in effect at the time of performance. This includes, but is not limited to, applicable TxDOT specifications, safety regulations, and recognized industry best practices.

All equipment, components, and accessories provided under this contract shall be new, unused, and free from defects. Refurbished, remanufactured, open-box, or previously installed materials shall not be permitted unless expressly authorized in writing by the County.

For purposes of this Bid, the terms “Work,” “work,” or “project” shall mean the furnishing and delivery of goods and related services in accordance with all terms, conditions, specifications, and requirements set forth in this ITB and the resulting contract.

The following requirements establish the minimum acceptable specifications for the initial purchase and any subsequent orders placed under this contract.

A. Equipment – Roadway

The CTB’s must be in accordance with Harris County Toll Road Authority (HCTRA) 2017 HCTRA standard specifications for construction and maintenance of highways, streets, and bridges and the May

2019 HCTRA Standard specification updates, The Texas Department of Transportation (TxDOT)

Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and related

TxDOT material specifications, TxDOT Traffic Engineering Standard Plan Sheets, Texas Manual on

Uniform Traffic Control Devices (TMUTCD), TxDOT Materials Producer List, and applicable industry codes in effect at the time of the performance of the specific work.

The Concrete Traffic Control Barriers (CTBs) will meet or exceed the following:

Portable Concrete Traffic Control Barriers (CTB)

Item/Description Code: 512 6001

Dimensions: Portable Type I Single Slope Concrete Traffic Control Barrier (CTB) with J-J hooks

Length: Forty-Two (42) inch

Estimated annual Quantity: 21,660

Refer to the attachment, Item 512 – Portable Traffic Barrier and Standard Design Sheets – SSCB in

Bonfire under Public Files for equipment details, features, and requirements.

1. Order Processing

Vendor shall maintain a toll-free telephone (manned by a live operator during normal business hours), internet (email) and fax for order processing and customer service support

2. Cost Estimates for Related Items

Quotes and cost estimates for purchase of related items shall include the itemized cost of and description of parts, equipment, materials, miscellaneous items, requesting Department and delivery location.

In the event of an emergency, a formal written quote or cost estimate may be waived, however the vendor shall not commence work until explicitly given approval by the County’s designated representative.

Order quantities may vary, no minimum charge for merchandise or minimum order quantities will be allowed. Please refer to the documentation uploaded under Public Files in Bonfire for diagrams and specifications regarding the requirements of Portable Concrete Traffic Barrier material, related items requested in this contract (i.e. manufacturer, parts, references, galvanization, etc.).

B. Catalog Requirements

Upon contract award, the Vendor may be required to provide the County and/or Using Departments with access to the Manufacturer’s Suggested List Price (MSLP) catalog or equivalent pricing documentation.

At a minimum, the Vendor shall provide:

• One (1) electronic or hardcopy version of the current MSLP catalog upon request

• Additional copies as requested by the County or Using Departments, at no additional cost

The catalog or pricing documentation shall:

• Be current and reflect the most recent manufacturer pricing available

• Include all products, components, and related items applicable to this contract

• Be provided in a format approved by the County (electronic format preferred)

The vendor shall ensure that updated pricing catalogs or revisions are made available to the County upon issuance or availability of updated manufacturer pricing information.

IV. INVENTORY AND SUBSTITUTION REQUIREMENTS

Vendor shall ensure access to all essential components, replacement parts, and associated hardware required to support the furnishing and delivery of concrete traffic barriers and related items under this contract.

A. Inventory Requirements

Vendor is not required to maintain a fixed minimum inventory level; however, the vendor shall maintain or have reliable and verified access to sufficient inventory of all essential components, replacement parts, and associated hardware necessary to ensure timely and uninterrupted performance of all contract requirements.

Vendor shall ensure that all essential items required for the furnishing and delivery of concrete traffic barriers, including associated components and hardware, are readily available to support timely fulfillment of all County orders. This includes the ability to support routine, scheduled, and emergency delivery requests without delay.

Vendor shall be responsible for ensuring continuity of supply throughout the term of the contract. Vendor shall be solely responsible for ensuring that lack of inventory does not result in delays, service interruptions, or failure to meet any contractual delivery or response time requirements. Any reliance on third-party suppliers or distribution networks shall not relieve the vendor of its obligation to meet all delivery and performance requirements.

B. Substitution Requirements

No substitution of materials, components, equipment, or related items shall be permitted without prior written approval from HCTRA.

If the vendor determines that a specified item is unavailable, discontinued, or cannot be obtained within the required timeframe, the vendor may request approval for a substitution. Such request shall be submitted in writing and shall include, at a minimum:

• Detailed description of the proposed substitute item

• Manufacturer information and product specifications

• Written certification that the substitute meets or exceeds original specifications and performance requirements

• Explanation of why the originally specified item is unavailable

• Impact, if any, on delivery schedule or performance

The County reserves the right to accept or reject any proposed substitution at its sole discretion.

Any unauthorized substitution shall be considered non-compliant delivery and may be subject to rejection, removal, and replacement at the vendor’s sole expense.

V. EQUIPMENT/MATERIAL ACCEPTANCE

All parts, equipment, and materials shall be in compliance with HCTRA’s specifications, PID Specifications and Standards, TxDOT Standard Specifications for Construction of Highways and Bridges, 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. 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 or exceed the original equipment manufacturer (OEM) specifications and warranty requirements. All hardware furnished and installed shall be currently manufactured and supported by the manufacturer. The vendor shall not provide discontinued products or hardware that is at or approaching its end-of-life or end-of-support phase.

All replaced and salvaged materials and components shall be tagged, cleaned, and returned to HCTRA, unless

HCTRA requires the vendor to dispose of the material. The tag shall indicate date and location of repair and replacement.

VI. 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.

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

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

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

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.

VIII. PARTS MARKUP (PER MANUFACTURER)

Vendor shall provide all repair parts as needed. For bidding purposes, the “Estimated Annual Expenditure” column on the Discount to MSLP (BT-06HT) BidTable(s) within Bonfire represents Harris County’s historical dollar amount of purchases of parts with the manufacturer for one (1) year. All charges related to parts shall be based on dealer’s cost plus a percentage to the then-current manufacturer’s price schedule and each vendor shall indicate under the “Cost Plus Percentage” of the Parts Pricing BidTable(s) within Bonfire, a percentage for the price schedule listed. For example, if $10,000 is the “Estimated Annual Expenditure”

(annual dollar expenditure by Harris County) and a 10% premium applies, the percentage entered would be

10% and the “Total Cost” would be $11,000

Markup of any requested related items in the performance of the specifications and requirements listed herein shall not exceed ten (10) percent above the MSLP. When requested by the County, the vendor shall provide documentation demonstrating the product or material costs and the markup applied, as evidence of the vendor’s compliance with this provision.

IX. CLAIMS AND DISPUTES

Vendor and Harris County 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 a designated Harris County representative to resolve issues that arise at the project management level in a prompt and equitable manner. If the aforementioned representatives 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. Nothing in this section shall waive any legal rights or remedies available to either party under applicable law.

1. Unsatisfactory Performance

HCTRA may 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 includes, but is not limited to:

• More than four (4) instances within one (1) year the vendor fails to respond to quote/order requests;

• More than two (2) instances within one (1) year the vendor fails to meet the designated delivery times.

HCTRA reserves the right to determine, at its sole discretion, whether performance is unsatisfactory and to take appropriate action, including contract termination, withholding of payments, or other remedies allowed by law.

Following an unsatisfactory level event occurrence, vendor shall present an act of good faith by meeting with the HCTRA project manager, to explain any reasoning for the disruption of service as a remedy to provide a cure to any unsatisfactory level event. Vendor may receive warning for not meeting project specifications depending on the level of disruption that may occur. Disregard for performing job duties at a satisfactory level or adhering to dispute remedies may result in immediate contract termination.