Specifications - 260269.pdf

SPECIFICATIONS

SCOPE

Harris County is soliciting bids from qualified vendor(s) to provide Preventative Data Room Cleaning Services and related items for the Harris County Toll Road Authority (HCTRA). The term shall begin on or about

November 19, 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).

Respondent understands if funds are not appropriated or otherwise become unavailable, the County may terminate the Contract and/or option, in whole or in part, without penalty or further obligation to the Proposer, except for amounts lawfully owed for goods or services properly provided before the effective date of termination. Any contract resulting from this solicitation will be subject to the availability of funds and shall not be construed as creating a debt on behalf of Harris County in violation of Article III, Section 49a of the Texas

Constitution.

PRE-BID CONFERENCE

A pre-bid conference is scheduled for October 20, 2026 at 11:00 A.M. CST local time Houston, TX using the following dial-in information. Conference number: 281-985-1862 Phone conference ID: 310 702 046#. Meeting

ID: 250 511 302 300 856; Passcode: hn7yj2sn Attendance is not mandatory, but all vendors should attend to discuss the requirements of this bid and answer any questions. Persons with disabilities requiring special accommodations should contact the Office of the Purchasing Agent at 713-274-4400 at least two (2) days prior to the conference.

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 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.

Preventative Data Room Cleaning Services and Related Items for the Harris

County Toll Road Authority

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

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. Vendor must obtain the names of appropriate personnel and accept repair orders only from those persons having authority to place an order.

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.

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.

SUBCONTRATING

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 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htmprior mailto:Patrick.acosta@harriscountytx.gov 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.

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 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.

BOND(S)

If successful vendor utilizes a subcontractor, successful vendor is required to furnish a payment bond in the amount of 100% of bid within ten (10) days of the award. The payment bond must remain in effect for the duration of the contract including renewals. Upon award, Harris County Purchasing will send awarded vendor payment bond application

BACKGROUND CHECKS

In accordance with HCTRA employment policies for new hires, including temporaries and vendor employees/contractors, the following requirements must be met at vendor’s expense:

1. Background check including, but not limited to, verification of previous employment;

2. Verification of licensure and/or certification;

3. Criminal activity background check;

4. Pre-employment drug screen with confirmatory testing in the event of a positive screen.

The awarded vendor/contractor must retain the above information and provide for review by Harris County upon request. Harris County may also conduct its own criminal activity background checks of vendor employees/contractors at the County’s own expense. Upon request, vendor will obtain the consent of its employees/contractors authorizing Harris County or an authorized vendor to conduct such criminal activity background checks. Employees/contractors who do not consent shall not perform services under this contract

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 Bid Table 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.

Manufacturer price increases/decreases realized by the vendor during the contract period may be passed on to

Harris County, if, and only if the price adjustments are reflected in the then-current price list(s) of the manufacturers. However, the percentage to the price list(s) as awarded will remain the same throughout the contract term (included renewals).

Official MSLP sheets should be submitted at the time bids are due. Copies (electronic or hardcopy) of the revised MSLP shall be sent directly to Harris County Auditor’s Office, Attn.: Accounts Payable, 1001 Preston, Suite 800, Houston, TX 77002, as well as any requesting County department. Each price list shall show the job number and title as referenced on the details screen in Bonfire.

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.

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.

PRICING

Vendor must complete BidTable(s) located in the Requested Information section of Bonfire. Quantities are estimated; Harris County may require more or less. In case of discrepancy between unit pricing and total pricing, unit pricing governs. Pricing must be all inclusive. Harris County will not allow for any other rates or charges. Pricing is to perform all work including all services, supervision, equipment, documentation, labor, travel time, and materials in conformance with the ITB.

BACKGROUND

HCTRA improves mobility in the Greater Houston Metropolitan area through excellence in the operation of urban toll 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 Treviño, operates through multiple divisions that Facilities Maintenance, Engineering, Information Technology (includes electronic toll collection systems), Customer Service (includes EZ TAG services), Finance, Legal, Human Resources, Special

Projects, Communications, and Incident Management.

SPECIFICATION

Vendor(s) shall furnish all labor, supervision, materials, equipment, tools, transportation, and services necessary to perform data room cleaning room services on scheduled and an as-needed basis. The data centers consist of multiple rooms on various floors in multiple different buildings across Harris County.

I. GENERAL REQUIREMENTS

Harris County is seeking a qualified contractor to provide comprehensive cleaning services for Harris

County Toll Road Authority Information Technology Data Rooms across Harris County. Services shall include the provisions of a complete preventative maintenance and management program consisting of but not limited to routine and scheduled cleaning of raised floor areas, server rooms, network closets, support spaces and adjacent corridors using industry approved methods and equipment suitable for data center environments as well as vacuuming, spot cleaning, mopping, floor rejuvenation, and other tasks and services necessary to ensure safe, well maintained and clean data room facilities.

The vendor shall meet or exceed the following general requirements:

A. Minimum Vendor Qualifications - Experience

Vendor shall be a company engaged in the business of providing labor to perform maintenance cleaning of information technology data rooms and related items for a minimum of three (3) years within the past three (3) years. Vendor shall submit as proof with bid, photographs, or other supporting documents, in addition to names, addresses and telephone numbers of the operating personnel of the business or agency where the services described herein were offered HCTRA reserves the right to contact the operating personnel of the business or agency.

B. Resources

The vendor shall maintain sufficient staffing levels, shall have available key personnel and a combined minimum work force to perform work at multiple locations simultaneously and meet all response time requirements listed herein. Preventative maintenance cleaning will be set on a scheduled agreed upon by both the vendor and HCTRA. Vendor shall also be able to respond to non-scheduled service calls.

The performance of this contract requires specialized knowledge, practices, techniques, operations and the maintenance of information technology room systems. It shall be the vendor’s responsibility to develop and implement a routine maintenance program to effectively maintain, to the satisfaction of the HCTRA representative, all aspects of data room cleaning in various facilities.

C. Account Manager

The vendor shall provide the County with a local account manager (name, location, local phone number and email address). Account manager will serve as primary point of contact and shall provide usage report(s), and other documentation as requested by Harris County. This point of contact shall be available during regular working hours at the vendor’s location, or via cellular telephone

In the event the account manager is not readily available, the vendor shall provide a general customer service number that may be reached during regular business hours. The customer service contact information shall be a local or toll-free number and available Monday through Friday, 7:30 a.m.– 5:00 p.m. CST.

After-hours contact

The vendor shall provide HCTRA with a toll-free number for an overnight and weekend point of contact who can be reached twenty–four (24) hours, seven (7) days a week including holidays.

II. APPLICABLE LAWS AND STANDARDS

All work shall be performed to the most recent standards and specifications included and stated herein, Texas Occupations Code, and local building codes 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, and any applicable industry codes in effect at the time of the performance of the specific work and consistent with industry standard maintenance practices.

A. Safety

All applicable 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 may include, but is not limited to, gloves, reflective vests, hardhats, protective gear including safety glasses and ear plugs, and safety lighting.

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. Vendor shall report all incidents, injuries, or property damage to HCTRA within twenty-four (24) hours. Harris County is not responsible for vendor errors and omissions

III. TECHNICAL REQUIREMENTS

Time is of the essence in performance of the work specified herein. All limitations of time set forth herein are material and are essential terms of the project. The vendor shall perform scheduled and unscheduled preventative data room maintenance cleaning services and any other related services that are necessary to maintain HCTRA’s data rooms.

Maintenance activities will be classified as:

• Preventative Routine Maintenance

• Unscheduled Cleaning Request

A. Vendor Initial Inspection and Follow-on Reporting

During the first service at each HCTRA location, the vendor shall inspect the data room area(s) and make recommendations on alterations or changes to the maintenance cleaning for each location within sixty (6) days. Vendor shall maintain records of work performed, and written recommendation for any work recommended that is beyond the scope of the standard servicing schedule.

B. Preventative Routine Maintenance

Preventative routine maintenance cleaning services shall be performed only upon issuance of a written work authorization by HCTRA and in accordance with an HCTRA approved maintenance schedule. All maintenance activities shall comply with the annual and monthly details for each location described in the

HCTRA Data Room Preventative Maintenance attachment located in Bonfire under Public files.

Annual and yearly cleaning shall include the following:

• Dust removal from accessible surfaces using High-Efficiency Particulate Air (HEPA) filtered vacuums and lint free materials

• leaning of raised flooring systems and subfloor areas as approved by facility management

• Maintenance of walls, doors, windows, and non-sensitive fixtures

• Spot cleaning and sanitization of high touch surfaces

• Removal of debris and waste in accordance with site security protocols

• Floor care services including anti static treatment where applicable

• Cleaning of HVAC vents and surrounding areas to support airflow efficiency

• Compliance with all facility access, confidentiality, and security requirements.

The aforementioned is not intended to be a comprehensive list, instead, its intent is to provide insight into the nature of the desired services to be provided. Refer to the HCTRA Data Room Preventative

Maintenance attachment located in Bonfire under public files for a detailed list of minimum cleaning requirements for each HCTRA location.

Unforeseen Maintenance

In the event that more work is required than is described in the HCTRA preventative maintenance attachment, or the vendors preventative maintenance program, the vendor shall prepare a detailed work order for each service performed.

Each work order shall include, at a minimum:

• Location;

• Description of services performed;

• Itemized estimated or actual costs, as applicable.

• Each work order shall be signed by an authorized HCTRA representative to acknowledge completion and satisfaction of the work performed.

Vendor shall leave a copy of the completed work order at the service location and shall submit a copy with the corresponding invoice

C. Unscheduled Cleaning Requests

During the contract period, there may be occasions when unscheduled services shall be requested

(including weekends and holidays). Vendor shall be required to respond to an unscheduled service call within forty-eight (48) hours upon receiving notice from a HCTRA representative. The response time is set at HCTRAs discretion and may be adjusted depending on HCTRA’s needs. Vendor shall be required to provide a call-back to HCTRA staff within one (1) hour to discuss issue(s) and response plan for the unscheduled cleaning request.

All unscheduled cleanings shall be billed at the same monthly and/or annual rate that is submitted on the bidtable(s). Undefined locations shall be billed at the additional square footage rate.

If the vendor is contacted by a Harris County department other than HCTRA, vendor shall notify HCTRA and receive authorization to proceed prior to commencement of furnishing cleaning services.

IV. SITE LOCATIONS

The contract covers approximately twenty-one (21) different locations consisting of approximately ten thousand seven-hundred sixty-five (10,765) square feet across Harris County. Harris County reserves the ability to add or remove site locations depending on the department’s needs. Any additional site shall be charged at the additional cleaning square footage rate or an already established location of the same square footage.

Location 1: Administration – Data Center

Address: 7701 Wilshire Place Houston, TX 77040

Frequency: Monthly & Annual Cleaning

Square Feet: 4,088

Location 2: Administration – IDF Room

Address: 1010 Lamar Houston, TX 77002 – Suite 400

Frequency: Monthly Cleaning

Square Feet: 30

Location 3: Service Center – IDF Room

Address: 1160 Dairy Ashford Houston, TX 77079 – All Floors (8 Total IDFs)

Total Square Feet: 1,299

Location 4: Service Center – IDF Room

Address: 13105 Northwest Freeway Houston, TX 77040 | Suite 650;950;1200

Total Square Feet: 285

Location 5: Service Center – IDF Room

Address: 12605 East Freeway Houston, TX 77015 | Suite 100, B-150

Square Feet: 143

Location 6: Service Center – IDF Room

Address: 15710 John F Kennedy Blvd Houston, TX 77032 | Suite 400

Square Feet: 192

Location 7: Service Center – IDF Room

Address: 2636 South Loop FWY West Houston, TX 77054 | Suite 200; 600; 700; 800; 900

Total Square Feet: 1,193

Location 8: EZ TAG Store – New East Store – IDF Room

Address: 3343 E Sam Hou Pkwy Pasadena, TX 77505

Square Feet: 130

Location 9: EZ TAG Store – Northeast Store – IDF Room

Address: 11411 North Sam Houston Parkway East, Humble, TX 77396 | Suite 100

Square Feet: 72

Location 10: EZ TAG Store – Northeast Store – IDF Room

Address: 1417 Spring Cypress Road – Spring, Texas 77373 | Suite: 111C

Square Feet: 320

Location 11: EZ TAG Store – Incident Management – IDF Room

Address: 4012 Dairy Ashford – Houston, Texas 77082

Square Feet: 1,072

Location 12: EZ TAG Store – West Side & Training Store – IDF Room

Address: 2901 West Sam Houston Parkway North – Houston, Texas 77043

Square Feet: 150

Location 13: Plaza – South Hardy Plaza – IDF Room

Address: 14730 East Hardy Road. Houston, TX 77039

Square Feet: 196

Location 14: Plaza – East Plaza – IDF Room

Address: 5900 E Sam Houston Parkway North - Houston, TX 77049

Square Feet: 195

Location 15: Plaza – Bridge Plaza – IDF Room

Address: 1515 North East Beltway 8 – Houston Texas 77015

Square Feet: 286

Location 16: Plaza – North Plaza – IDF Room

Address: 3365 North Sam Houston Parkway West – Houston, Texas 77038

Square Feet: 169

Location 17: Plaza – Central Plaza – IDF Room

Address: 6121 North Westbelt – Houston, Texas 77040

Square Feet: 169

Location 18: Plaza – Southeast Plaza – IDF Room

Address: 5420 Sam Houston Parkway East – Houston, Texas 77048

Location 19: Plaza – Southwest Plaza – IDF Room

Address: 1855 Sam Houston Parkway West – Houston, Texas 77047

Location 20: Plaza – South Plaza – IDF Room

Address: 650 W Sam Hou Pkwy S Houston, TX 77042

Square Feet: 286

Location 21: Ferry – IDF Room

Address: 1001 South Independence Parkway Boulevard – Baytown, Texas 77520

Square Feet: 100

V. REPORTING

The vendor shall submit reports as requested by HCTRA. Reports and format standards will be approved by HCTRA and shall be submitted as directed by HCTRA designated representative. HCTRA reserves the right to audit all records related to this contract. The reports shall include, but not be limited to, the following:

A. Daily Status Report:

The vendor shall provide a daily work report in accordance with requirements established between the vendor and HCTRA.

• Date when work was performed

• Locations or limits of work completed

• Location of next day maintenance activities.

B. Usage Reporting Requirements

Harris County reserves the right to request and receive at least one (1) usage report during the contract period. The Contractor shall furnish the requested report within five (5) working days of receiving written notice from Harris County.

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 (see http://www.harriscountytx.gov/holidays.aspx for holidays observed by Harris County).

All usage reports shall be computer-generated and formatted in Microsoft Excel (latest edition), in similar format as the Bidtable(s). Reports shall be provided electronically as directed by Harris County.

http://www.harriscountytx.gov/holidays.aspx

VI. WARRANTY

All service(s) provided by the vendor under the terms of this solicitation shall be warranted to be free from defects in workmanship, and free from such defects in design for a period of one (1) year and shall cover

100% parts and/or 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 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.

VII. 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 include, but are not limited to:

• More than one (1) service “call back” to correct the same problem within thirty (30) consecutive days;

• Continued failure to submit the required Maintenance Daily Work Reports, Operational Status Reports, Cost Estimates, Schedules, and etc.;

• More than one (1) instance within one (1) year the vendor fails to have the proper equipment to effectively perform the maintenance cleaning.

• More than two (2) instances within one (1) year the vendor does not complete required annual cleanings on schedule;

• More than two (2) instances within one (1) year the vendor does not complete required monthly cleanings on schedule;

• More than two (2) instances within one (1) year the vendor exceeds the level of response time for a unscheduled service call.

Vendor will be given the opportunity at HCTRA’s discretion to provide a remedy to any failure to meet the specifications stated herein. Following a written notice of any event of poor performance, vendor shall have ten (10) days to offer a cure to deficiencies and offer a plan on how future shortcomings will be avoided.

VIII. 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 project manager and HCTRA project manager to resolve issues that arise at the project management level in a prompt and equitable manner. If the aforementioned project managers 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.