TEXAS DEPARTMENT OF TRANSPORTATION HOUSTON DISTRICT. SPECIFICATION NO. TxDOT HOU DATED: FEBRUARY 2009

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1 TEXAS DEPARTMENT OF TRANSPORTATION HOUSTON DISTRICT SPECIFICATION NO. PREVENTIVE AND REMEDIAL MAINTENANCE, INSPECTION, TESTING, UPGRADE AND REPAIR OF INTELLIGENT TRANSPORTATION SYSTEM AND ASSOCIATED EQUIPMENT PUBLICATION This specification is a product of the Texas Department of Transportation (TxDOT). It is the practice of TxDOT to support other entities by making this specification available through the National Institute of Governmental Purchasing (NIGP). This specification may not be sold for profit or monetary gain. If this specification is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity. 1. SCOPE: This solicitation is a Request for Offer (RFO) to provide services for preventive and remedial maintenance, inspection, testing, upgrade and repair of an Intelligent Transportation System (ITS) and associated equipment for the Houston District, including labor, equipment, materials, and parts. The vendor shall provide the above described service including upgrade of existing components, installation of new components at various locations, utility location services and any required modifications to the ITS as determined by the designated TxDOT representative. 2. DEFINITIONS OF TERMS AND ACRONYMS 2.1. AC Alternating Current AD American Dynamics ADT Average Daily Traffic ATM Asynchronous Transfer Mode AVI Automated Vehicle Identification CCTV Closed Circuit Television Equipment CEFS Contra-flow Evacuation Flashing Sign CMBL Centralized Master Bidders List CODEC Video Coding and Decoding CPI-W Consumer Price Index for Wage Earners CTMS Computerized Transportation Management System db Decibel DC Direct Current DMS Dynamic Message Sign EIN Employer Identification Number FLSA Fair Labor Standards Act GHz Gigahertz. 1-23

2 2.18. GSM Global Systems for Mobile Communications HAR Highway Advisory Radio HAR-B Highway Advisory Radio Beacon System HER Hurricane Evacuation Route HER-PTZ Hurricane Evacuation Route Pan Tilt Zoom CCTV HOV High Occupancy Vehicle HUB Historically Underutilized Business or Highway Utility Building INSTALL Vendor installs and makes fully operational, equipment provided either by the vendor or TxDOT. Vendor removes damaged equipment and material. Vendor disposes of material should TxDOT determine it is not salvageable IP Internet Protocol ISDN Integrated Services Digital Network ITS Intelligent Transportation System LCS Lance Control Signal LCU Local Control Unit LCU-BER Local Control Unit-Bit Error Rate Test LDM Limited Distance Modem Mbps Megabits Per Second MCOTLD Municipal County Occupied Toll Lane Devices METRO Metropolitan Transit Authority MTDR Metallic Time Domain Reflectometer MVD Microwave Vehicle Detector NCHRP National Cooperative Highway Research Program NEC National Electric Code NTSC National Television Standards Committee OTDR Optical Time Domain Reflectometer PM Project Manager PMS Preventive Maintenance Service POC Point of Contact PROVIDE Vendor purchases equipment to be used for installation PVC Polyvinyl Chloride RMC Rigid Metal Conduit QWS Queue Warning System REPLACE Vendor provides, installs and makes fully operational replacement equipment. Vendor removes damaged equipment and material and disposes of material TxDOT determines is not salvageable RFO Request for Offer RMSS Ramp Metering Signal System. 2-23

3 2.52. RVDS Radar Vehicle Detection Sensor RWIS Roadway Weather Information System TCP Traffic Control Plan TMA Truck Mounted Attenuator TMS Traffic Management System (Houston TranStar) TMUTCD Texas Manual on Uniform Traffic Control Devices for Streets and Highways TRANSTAR Houston TranStar is a partnership comprised of four government agencies (Harris County, Metro, City of Houston and TxDOT) that are responsible for coordinating the planning, design and operations of transportation and emergency management in the greater Houston region TRWS Truck Rollover Warning System UPS Uninterruptible Power Supply USDOT United States Department of Transportation VIVDS Visual Image Video Detection Systems. 3. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all federal, state and local applicable laws, standards and regulations necessary to perform the services, including, but not limited to: 3.1. Texas Government Code 612, Section of Texas Statutes Code of Federal Regulations (CFR 49) Transportation TxDOT Traffic Engineering Standard Plan Sheets (English and Metric) Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges (2004) Texas Government Code 612. Section of Texas Statutes TMUTCD Houston District Design Support Manual. 4. BACKGROUND: Houston TranStar is a state of the art operation center that began operating in 1996, located at 6922 Old Katy Road, Houston, Texas, Houston TranStar is a primary resource from which agencies respond to incidents and emergencies in Harris and surrounding counties. Houston TranStar is a partnership among the four principal transportation and emergency management agencies in Harris County, including TxDOT, METRO, Harris County and City of Houston. 5. RESPONDENT QUALIFICATIONS: The respondent shall: 5.1. Be a company engaged in the business of providing the labor, equipment, tools and parts to perform installation, preventive and remedial maintenance, inspection, testing and repair of ITS systems for a minimum of two years within the last four years. Recent start-up businesses do not meet the requirements of this solicitation. A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise Have a minimum of two years experience within the last four years, doing business directly with ITS system vendors Have a master electrician license, or a permanent employee that holds such a license. 3-23

4 5.4. Have a minimum of two years of continuous experience within the last four years in the following service areas: Fiber Optic Cable Installation: Including splicing and testing, i.e., installation of new fiber optic cable or the splicing and testing of existing fiber optic cable, both through a conduit system, terminating in ground boxes, communication cabinets or communication buildings, or both Pulling of Fiber Optic Cable: Completion of two projects that required pulling a minimum of five miles of fiber optic cable through an outdoor conduit system for each project, and have performed fiber optic cable splicing and terminations, including system testing, system troubleshooting and maintenance. The originally installed, spliced, and tested fiber optic cable systems shall have been in continuous satisfactory operation for a minimum of one year Fiber Optic Termination: Termination of a minimum of 36 fibers within a fiber distribution frame, OTDR testing and measurement of end-to-end attenuation of single-mode and multi-mode fibers Technical Training: Training of technicians in system maintenance Watertight Enclosures: Use of watertight splice enclosures Fusion of Fiber Optic Cable: Fusion splicing of fiber optic cable which meets the tolerable db losses of single-mode db loss range not to exceed 0.06, and multimode db loss range not to exceed DMS: Installation and testing a minimum of five DMSs on outdoor, permanently mounted overhead structures and related sign control equipment. The completed sign system installations shall have been in continuous satisfactory operation for a minimum of one year LCS: Installation and testing LCS Systems on outdoor, permanently mounted overhead structures and related LCS control equipment CCTV: Installation and testing a minimum of five CCTV cameras on outdoor, permanently mounted structures and related camera control and transmission equipment. Installation and testing shall include video CODEC equipment. The completed CCTV camera system installations shall have been in continuous satisfactory operation for a minimum of one year T-1 Digital Communication System: Completion or maintenance of a minimum of two projects consisting of T-1 digital communication system installations, including data, voice and video communication systems, installation of multiplexing/de-multiplexing and communication switching equipment, with a minimum of three drop/insert nodes, operating at a minimum of a T-1, Mbps communication rate over transmission distances exceeding five miles. The completed system installation shall have been in continuous satisfactory operation for a minimum of one year ATM: Completion of two projects consisting of communication system installations, including data, voice and video communication systems operating at a minimum OC-3 communication rate of Mbps. The projects shall also include installation of ATM switches with a minimum of three switches operating at a minimum OC-3 communication rate of Mbps, over transmission distances exceeding five miles. The completed system installations shall have been in continuous satisfactory operation for a minimum of one year. 4-23

5 Traffic Sensor Systems: Installation, troubleshooting calibrating and testing of traffic sensor systems. The completed traffic sensor systems shall have been in continuous satisfactory operation for a minimum of one year. Traffic sensor system experience shall include: Loop detector systems: A minimum of 50 loops installed in a trap loop configuration Video image vehicle detection systems: A minimum of two VIVDS systems installed RVDS or MVD systems: A minimum of five vehicle detection sensors Uninterruptible Power Supply: Maintenance of an internal primary AC UPS system 120 to 240 Volt containing up to 80 batteries Traffic Control: Work environments requiring the implementation of traffic control measures in accordance with the TMUTCD Wireless Communications: Completion of two projects consisting of wireless communication system installations, including data, voice and video communication systems transmitting at a communication rate of at least 10 Mbps in various GHz bands Utility Line Locations: Projects requiring the location of utility lines including, but not limited to, storm sewer, sanitary sewer, power, natural gas, fiber optic, communication cable and other utility lines commonly found along state right of way Miscellaneous Areas of Expertise: Areas that include, but are not limited to, barrier gates, communication cabinets, communication buildings, signals, signal components, loop detectors, power connections, cabling other than fiber optic, diagnostic equipment, ramp signal, flashing signal and any other components of the system not mentioned in Attachment A Service Requirements Be in good financial standing, not in any form of bankruptcy, current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent s audited or un-audited financial statement. When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement to this solicitation in accordance with Texas Government Code, Title 10, Subtitle D, Section to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service. Factors to be reviewed include: 5.6. Balance sheets Net working capital Current asset ratio Liquidity ratio Auditor(s) notes Any notes to the financial statements. 5-23

6 6. KEY PERSONNEL QUALIFICATIONS: The respondent shall provide the following key personnel: 6.1. PM: The respondent shall designate a single PM who has been a permanent staff employee for a minimum of one year within the last two years. The PM shall have: A minimum of two years experience within the last four years in the management of ITS projects A minimum of two years of field experience within the last four years providing management of ITS construction or maintenance projects, including, but not limited to, projects that include managing the installation, replacement, maintenance, repairing and testing of the following: Fiber Optic Cable Plant Systems ATM Communications Network DS1 and DS3 Switching Equipment Modems and Data Service Units LCUs, Vehicle Loop Detectors CCTV Switching Systems CCTV Field Equipment Transmission System, Video Camera Electronics, Lens Interfaces, and CCTV Receiver Transmission Systems Communication Cabinets, Communication Buildings, Satellite Buildings, and Surge Suppressors VIVDS DMS, Signs and Controllers LCS, Heads and Controllers MVD or RVDS Utility Line Location Field Building and Cabinet (Internal and External) UPS Systems Electrical Service Installation, Troubleshooting and Repair Wireless Communication Networks Expressway Lane Closures AVI HAR RMSS TRWS QWS MCOTLD. 6-23

7 6.2. SENIOR TECHNICIAN(S): The respondent shall provide a minimum of one Senior Technician, qualified in each of the following areas, or a combination of Senior Technicians qualified in all of the following areas. Senior Technician(s) shall have a minimum of two years experience within the last four years in: ITS systems and sub-systems, including testing and running diagnostic reports on various traffic systems, sub-systems, and certified areas Installing, testing, maintaining and repairing the ITS, through a conduit system, terminating in ground boxes, communication cabinets or communication buildings, or both, in the following areas, including, but not limited to: Fiber optic cable plant systems ATM communications network DS1 and DS3 switching equipment Modems and data service units LCUs, or compatible types of equipment CCTV switching systems CCTV field equipment transmission system, video camera electronics, lens interfaces, and CCTV receiver transmission systems Communication cabinets, communication buildings, satellite buildings, and surge suppressors VIVDS DMS, signs and controllers LCS, heads and controllers Vehicle loop detectors, MVD or RVDS Utility line location Traffic operations center and field cabinet (internal and external) UPS systems Electrical service installation, troubleshooting and repair Wireless communication networks Expressway lane closures AVI HAR RMSS TRWS QWS MCOTLD. 7-23

8 6.3. TECHNICIAN(S): The respondent shall provide a minimum of one Technician (on the respondent s staff or on a subcontractor s staff), qualified in each of the following areas, or a combination of Technicians qualified in all of the areas. Technician(s) shall have a minimum of one year of experience within the last two years in the designated ITS systems and sub-systems. This experience shall include installation and maintenance in the following identified areas: Installing, testing, maintaining and repairing the ITS in the following areas, including, but not limited to: Fiber optic cable plant systems ATM communications network DS1 and DS3 switching equipment Modems and data service units LCU s or compatible types of equipment CCTV switching systems CCTV field equipment transmission system, video camera electronics, lens interfaces, and CCTV receiver transmission systems Communication cabinets, communication buildings, satellite buildings, and surge suppressors VIVDS DMS, signs and controllers LCS, heads and controllers Vehicle loop detectors, MVD or RVDS Utility line location Traffic operations center and field cabinet (internal and external) UPS systems Electrical service installation, troubleshooting and repair Wireless communication networks Expressway lane closures AVI HAR RMSS TRWS QWS MCOTLD CERTIFICATION AND LICENSES: Respondent or Key Personnel, or both, working on electrical systems shall have one or more of the following: A current and valid certification signifying successful completion of the TxDOT course entitled TxDOT Electrical Systems or a comparable course with a passing grade on the associated test. 8-23

9 A current and valid journeyman s electrical license. The journeyman electrician shall be supervised or directed by a master electrician holding a current and valid master electrician license. A master electrician need not be on the project at all times work is being done, but shall be the owner of the company or a full-time employee of the respondent (Ref. Para. 5.3.) A journeyman or a master electrical license, or both, issued by a city in Texas with a population of 50,000 or greater, that issues licenses based on the passing of a written test and the demonstration of experience. Electrical licenses from other cities, inside or outside Texas, or by other states, will be acceptable if approved by the designated TxDOT representative. In this case, the vendor shall submit documentation on the requirements for obtaining that license. The designated TxDOT representative s decision will be based on sufficient evidence that the license was issued based on the licensee passing a written test that demonstrates in-depth knowledge of the NEC and sufficient electrical experience commensurate with general standards for a master and journeyman electrician. The NEC test for electrical licenses as described above shall be the Block Test, the Southern Building Code Test or a test of similar difficulty as determined by the designated TxDOT representative. 7. VENDOR REQUIREMENTS: The vendor shall: 7.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation Provide service at more than one location simultaneously Have a master electrician available 24 hours, seven days a week Have available key personnel with a combined minimum workforce that can meet the response time requirements of Attachment B Required Vendor Response Times Have a working site fully staffed and with all required parts and equipment located within the Houston District. The site shall be fully operational within 30 days after award of a purchase order. TxDOT will have sole discretion in deciding if the vendor has the resources to perform the service Provide personnel who possess a valid Driver License acceptable in the state of Texas, with no Driving Under Influence (DUI) or Driving While Intoxicated (DWI) incidents on driving record within the past three years, and no more than two moving violations on driving record within the past three years Provide all training to the PM and Technicians to upgrade skills and maintain any required certifications based on the latest technology implemented at TxDOT at no additional cost to TxDOT Provide immediate remote communication devices such as a pager or cellular telephone to all applicable vendor personnel Ensure the PM is available during regular working hours at the vendor s location, or via cell phone. For emergency off-shift hours, a point of contact, or the PM, shall be available 24 hours per day, seven days a week Not release any data or information procured during the provision of this service without written TxDOT approval. The vendor will be required to sign a Form 1828b, Information Resources Security Compliance and Confidentiality Agreement (External User), which is a non-disclosure agreement for the use of TxDOT-owned software. 9-23

10 7.11. Return salvageable materials to TxDOT and dispose of all unsalvageable equipment and materials removed from the ITS. Disposability will be determined by the designated TxDOT representative. Any material returned by the vendor to TxDOT and determined unsalvageable by TxDOT at a later time, will be removed at the time of that final determination and disposed of by the vendor at no additional cost to TxDOT Provide background checks by conducting statewide DPS criminal and sex offender background checks on all vendor s permanent and temporary personnel scheduled to work on TxDOT projects prior to beginning service start-up. Supporting documentation confirming the completion of these comprehensive background checks may be subject to review upon request by the designated TxDOT representative, prior to beginning the service and throughout the term of the purchase order. Failure to produce the requested documentation may be cause for cancellation of the purchase order. The background checks shall include, but not be limited to, the following: Social Security Number verification Statewide criminal and sex offender records shall include, but not be limited to, all Texas counties and out-of-state counties based on the current and previous addresses of the applicant for the last seven years Personnel with a misdemeanor conviction of any type except the lowest classified level of misdemeanor within the last ten years shall be disqualified. Personnel with any felony conviction at any time shall be disqualified. 8. KEY PERSONNEL REQUIREMENTS 8.1. The PM s primary responsibility shall be the day-to-day operation of the service in accordance with the requirements of the purchase order The PM shall be a permanent staff employee and shall serve as a constant primary point of contact for TxDOT All key personnel shall maintain certification for the duration of the purchase order in accordance with Para SERVICE REQUIREMENTS: The vendor shall: 9.1. Begin work on this project within ten state working days of the award of the purchase order or on the agreed upon date between TxDOT and the vendor Provide as-needed preventive and remedial maintenance inspection, testing and repair, including the upgrade of existing components, installation of new components at various locations and any required modifications to the ITS as determined by the designated TxDOT representative Provide all equipment and labor used to install materials or components, or both. The designated TxDOT representative will approve any major replacement components prior to installation. TxDOT will be the sole judge when identifying major components Replace duct cable and conduit in trenches. Splicing and placing duct cable, conduit, and electrical conductors and use of trenching machine shall be incidental to this service Provide mechanical equipment for boring, when required, which can over cut a maximum 1 inch for the conduit to be placed. The use of water or other fluids in connection with the boring operation shall be permitted only to the extent required to lubricate cuttings Provide a MTDR when necessary to test cable Provide an OTDR when necessary to test fiber optic cable Provide a loop analyzer to test loop inductance, change in inductance, resistance, frequency, and Q-factor when necessary to test detector loops

11 9.9. Provide a fiber optic cable fusion splicer, when necessary, to splice fiber optic cable Provide utility line location services. The vendor shall: Be solely responsible for the location and protection of any and all public lines, and utility customer service lines in the work area Coordinate the location of existing CTMS service lines in the right of way which may be in conflict with the vendor work area, such as fiber optic cable, communications cable, power cable, multi-duct conduit, PVC, rigid metal conduit and all other conduit in the Houston TranStar TMS/CTMS systems for both conduit in use and for unused conduit. The vendor shall also install tracer wire in existing conduit, as directed by TxDOT. The vendor may contact TXDOT at (713) for requesting only CTMS located services Be responsible for damage and repair costs to any utility line, TMS, or CTMS damaged by vendors personnel or subcontractors at no cost to TXDOT Notify the proper authorities and exercise due care to locate and mark, uncover or otherwise protect all such lines in work zones and in any of the vendor s work or storage areas. Call the Texas One Call System at (800) to locate utilities prior to construction Ensure the utility company provides information it has, such as location and grade of private television cable lines, gas transmission lines, phone or data cables or both, underground piping system and other utilities in the work area, upon the vendor s request. Such information shall not relieve the vendor s obligation under this specification, which shall be primary and non-delegable Provide and coordinate the location of existing Houston TranStar TMS fiber optic cable, communications cable, power cable, multi-duct conduit, PVC, rigid metal conduit and all other conduit in the Houston TranStar TMS system for both used and unused conduit in the right of way which may be in conflict with the vendor work area. The vendor shall also install tracer wire in existing conduit, as directed by TxDOT Provide an acceptance test plan document for items requiring upgrade of existing equipment to new technology for approval by TxDOT. Items requiring an acceptance test shall remain in continued, uninterrupted operation for a period of 60 days. If the equipment fails within 30 days, the vendor shall provide all repairs required restoring the equipment to normal operation and a new 60 day test period will commence when the equipment is restored to normal operation. If the equipment operates for more than 30 days, but less than 60 days, the vendor shall provide all repairs required restoring the equipment to normal operation and new 30 day test period will begin when the equipment is restored to normal operation Provide submittals or shop drawings or both, for all new materials and components, prior to usage. Submittals will be reviewed by the TxDOT designated representative, prior to use, and if approved, written approval will be provided by TxDOT Require the PM or a TxDOT approved designated company representative to meet with TxDOT at Houston TranStar or other designated area for ITS equipment review approximately four times annually with the designated TxDOT representative to evaluate the ITS Systems performance and any pending issues as needed and will be considered as part of the service Provide any additional equipment necessary to complete the work specified in the purchase order at no additional cost to TxDOT

12 9.15. Install or repair the damaged equipment to bring the system back in operation. All work shall be done in accordance with the latest version of the NEC, TxDOT and local governing authorities Have prior written approval from the designated TxDOT representative when any work will require any lane closures (Ref. Para. 10.). 10. TRAFFIC CONTROL TxDOT will provide lane closures for all work requiring the closure of expressway mainlanes, entrance ramps, exit ramps and frontage roads. The vendor shall provide all necessary traffic control equipment for work areas not requiring lane closures as described in Para. 14. of this specification TCP: Vendor shall meet with the designated TxDOT representative five days prior to implementing any TCP, unless an emergency repair is required. At this meeting TxDOT and the vendor shall determine what TxDOT TCP the vendor intends to utilize in controlling traffic during a specific operation. The appropriate TxDOT TCP shall be submitted to the designated TxDOT representative for review and approval The TxDOT TCP used shall have the written approval of the Traffic Control Coordinator prior to usage. The TCP shall be signed and sealed by the appropriate TxDOT engineer. This approval shall not relieve the vendor of responsibility to perform the operation in accordance with the TMUTCD and the latest TxDOT procedures and standard sheets Field changes to TxDOT TCPs are not allowed unless pre-approved in writing, and signed and sealed by the appropriate TxDOT engineer. In an emergency situation which necessitates an immediate repair, traffic control shall be implemented in accordance with the requirements set forth in the TMUTCD for the roadway in question, and with guidance from the appropriate TxDOT engineer. An emergency is defined as an immediate need for a repair to alleviate the possibility of a traffic stoppage or the endangerment of the traveling public SIGNING AND TRAFFIC CONTROL: Traffic control shall be provided in accordance with the TMUTCD and the above requirements. The vendor shall: Provide traffic control and trained traffic control personnel as required, ensuring minimum interference to roadway traffic Provide, install, maintain and remove all necessary signs, sign stands, traffic cones, safety flags, safety materials, and devices necessary to perform the work in a safe and orderly manner. All such signs, and the above equipment shall conform to and be placed in accordance with the TMUTCD and the TxDOT TCP being used at the time. 11. CALL-OUT RESPONSE TIME: The response time shall be measured from the time of the initial notification to the vendor to the time the technician(s) arrives on the job site and begins troubleshooting or repairs or both. The vendor shall: Begin work on the repairs within the timeframe indicated in Attachment B Required Vendor Response Times depending on the nature of the work after notification by the designated TxDOT representative. If repairs cannot be completed within the time allowed, the Technician shall handle repairs to damaged ITS equipment in the following manner: Inspect and troubleshoot the damaged equipment Make a list of parts and materials needed

13 Obtain the designated TxDOT representative s written approval for all materials and proposed labor required prior to performing repair, when troubleshooting is required Install or repair the damaged equipment to bring the system back in operation. All work shall be done in accordance with the latest version of the NEC Have prior written approval from the designated TxDOT representative when any work will require any lane closures (Ref. Para. 10.) Observe lane closure notification time where lane closure notification requirements are greater than the vendor response time Refer to the response time requirements shown in Attachment B Required Vendor Response Times. Twenty-four hours will be added to the response time for each bid item for work performed in counties outside of the Houston District. 12. VENDOR DELIVERABLES: The vendor shall submit reports as requested by TxDOT. Reports and format standards will be approved by TxDOT and shall be delivered to the designated TxDOT representative. Reports shall include, but not be limited to, the following: OPERATIONAL STATUS REPORT: On the first working day of each month, the vendor shall submit an operational status report describing the total number of devices in operation on that day compared to the total number of available devices. This operational status report shall include but not be limited to CCTV, DMS, RMSS, TRWS, RVDS and other traffic sensor systems (loop detector systems). The operational status report may be published on the TxDOT or TranStar, or both, websites for public viewing. The report may also be used for vendor performance evaluation DAILY WORK REPORT: The vendor shall provide a daily work report in accordance with requirements established between the vendor and TxDOT SUMMARY REPORTS: Summarized by date, location, type of repair or replacement, time spent by the vendor s technician(s) to complete the assignment, and other information as required by TxDOT. 13. ADDITION OF LOCATIONS AND EQUIPMENT: It may be necessary to add new parts to the systems during the term of the purchase order, as technology advances and changes to equipment and software updates become available. Prices quoted on Schedule 1 Materials Pricing and Schedule 2 Labor Pricing, shall be used for inspections or maintenance and repair at any added locations. New equipment may be added to Attachment C Device Latitude and Longitude Locations by completion of a written purchase order change notice by TxDOT. TxDOT reserves the right to add or delete facilities serviced under the purchase order. TxDOT will provide ten working days written notice to the vendor of any additional facilities requiring service within the same area or region. 14. MISCELLANEOUS MATERIALS AND EQUIPMENT: If listed as a line item on the RFO, the vendor shall provide additional equipment and materials necessary to complete needed services The vendor shall purchase the necessary miscellaneous material and equipment as specified by the designated TxDOT representative The vendor shall provide a cost estimate, which shall be approved in writing by the designated TxDOT representative prior to any work being performed

14 14.3. Miscellaneous items under this purchase order shall not exceed $5,000 per job or TxDOT work order TxDOT will purchase miscellaneous items exceeding $5,000 using delegated purchasing procedures. Examples of miscellaneous items may be rental of backhoe, lift, cement mixer, curb machine, electrical components, parts, etc. 15. ADDITIONAL SERVICES: These are services not covered under the routine and preventative maintenance services scope of work identified in the specification. Additional services shall cover only work required to bring the ITS equipment up to code; perform work due to the result of abuse, physical damage, etc. The vendor shall assume the responsibility to provide the burden of proof that the cause of the ITS equipment malfunction was due to abuse. The ITS equipment shall be taken out of operation until the designated TxDOT representative inspects the damages and authorizes work to be performed. The vendor shall provide a cost estimate that shall be approved in writing by the designated TxDOT representative prior to any work being performed. TxDOT reserves the right to obtain service under a separate purchase order should it best serve the interest of the TxDOT. Additional services shall be paid as follows: MISCELLANEOUS SERVICES: The vendor shall provide, if listed as a line item on the RFO, miscellaneous services (such as minor code upgrades, minor installations, fabrication work, sheet-metal work, rental equipment, installation services) necessary to complete needed work. Miscellaneous services under this item shall not exceed $5,000 per job. Miscellaneous services with an estimated cost over $5,000 per job shall not be performed under the purchase order MISCELLANEOUS PARTS: The vendor shall provide, if listed as a line item on the RFO, miscellaneous parts necessary to complete work allowed as Additional Services. Miscellaneous parts will be paid at the cost approved by TxDOT prior to installation. Miscellaneous parts under this item shall not exceed $5,000 per job. Miscellaneous parts with an estimated cost over $5,000 per job will not be provided under the purchase order. 16. WARRANTY REQUIREMENTS PERFORMANCE WARRANTY: Work performed under the purchase order shall meet all applicable standards and codes. The vendor shall guarantee all work included in the purchase order against any defects in workmanship; and shall satisfactorily correct, at no cost to TxDOT, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by TxDOT MATERIAL WARRANTY: Materials provided under the purchase order shall be in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR DISCONTINUED MATERIALS ARE NOT ACCEPTABLE. Materials shall be warranted against material defects and defects in workmanship for a period of not less than 12 months and shall cover 100% parts and labor. The warranty period shall commence upon date of acceptance by TxDOT. If the manufacturer s standard warranty period exceeds 12 months, then the standard warranty period shall be in effect. The vendor shall be ultimately responsible for the warranty. The vendor shall provide the designated TxDOT representative with all manufacturers warranty documents upon completion of service prior to leaving the job site

15 17. UNSATISFACTORY PERFORMANCE: Unsatisfactory performance may result in a negative vendor performance report or cancellation or both of the purchase order. TxDOT may consider the following performance by the vendor as unsatisfactory performance (Ref. Para ). An unsatisfactory performance determination includes, but is not limited to: More than one service call back to correct the same problem within 30 consecutive days More than one instance within one year of vendor personnel assigned to an authorized service call not having the state license and certification required to diagnose the problem and perform the repair More than two instances within one year of response time, as defined in this specification, to an authorized service call exceeding the time specified in Attachment B Required Vendor Response Times. 18. BUILDING RESTRICTIONS PARKING: The vendor shall make arrangements with the designated TxDOT representative prior to off-loading tools and equipment at the job site. The vendor shall park only in spaces assigned by the designated TxDOT representative RESTROOMS: Restrooms shall not be used for washing of tools and equipment SECURITY: The vendor shall provide an updated list of all vendor personnel or subcontractors at each job site and comply with all security measures required by TxDOT ACCESS: The vendor shall make prior arrangements with the TxDOT Building Manager for access to the building(s) for performance of the service. 19. PERSONNEL CONTINUITY AND REPLACEMENT TxDOT recognizes those events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the PM, Senior Technician(s), or Technician(s) will require the vendor propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel shall not begin work on the project without prior written approval from TxDOT The vendor agrees that the PM, Senior Technician(s) or Technician(s) assigned to the project shall remain available for the entirety of the project throughout the term of the purchase order as long as that individual is employed by the vendor If TxDOT determines the PM, Senior Technician(s) or Technician(s) is unable to perform in accordance with the service requirements or to communicate effectively; the vendor shall immediately remove that person Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TxDOT. Resume(s) and reference(s) may be requested for the proposed replacement(s). TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel. 20. QUALITY ASSURANCE PLAN: The vendor shall provide a comprehensive, continuous, and measurable quality assurance plan. The plan shall include: Strategies and processes to promote quality and adherence to the specifications Controls to be used within the project to assure quality and consistency throughout the life of the project. 21. VENDOR PERSONNEL SAFETY: The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times, including, but not limited to, wearing hard hats, safety shoes, goggles, etc

16 22. WORK HOURS: This service will require work to be performed during or after normal business hours, on weekends, and state or federal holidays due to restrictions on lane closures, emergency situations and requirements to coordinate work with other entities. The vendor will not receive additional compensation for work performed during flexible hours (Ref. Para ) Work hours may be flexible, based on location, type of roadway, time constraints and TxDOT requirements. Work hours will be determined by the designated TxDOT representative Work requiring expressway main lane and entrance or exit ramp closures, or both, shall be provided between the hours of 9:00 PM and 5:00 AM, unless otherwise agreed to by the designated TxDOT representative. 23. SUBCONTRACTING Subcontractors providing service under the purchase order shall meet the same service requirements and provide the same quality of service required of the vendor No subcontract under the purchase order shall relieve the primary vendor of responsibility for the services The vendor shall be the primary contact for TxDOT and subcontractor(s) The vendor shall manage all quality and performance, project management, and schedules for subcontractors. The vendor shall be held solely responsible and accountable for the completion of all work for which the vendor has subcontracted TxDOT retains the right to check subcontractor's background and make a determination to approve or reject the use of submitted subcontractor(s). Any negative responses may result in disqualification of the subcontractor TxDOT reserves the right to request the removal of vendor s subcontractor staff deemed unsatisfactory by TxDOT Subcontracting shall be at the vendor s expense During the term of the purchase order, if the vendor determines a need for a subcontractor change, TxDOT shall be notified in writing by the vendor within three days of any proposed change. The vendor shall be required to provide references and work history for any proposed subcontractor to TxDOT. No change will be allowed without written authorization by TxDOT SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. It is the respondent s determination if they choose to subcontract any of the work under this purchase order with a Texas Certified Historically Underutilized Business (HUB) or other businesses If TxDOT has determined that subcontracting opportunities are probable, the class and items in which HUBs may be registered will be noted in the solicitation The respondent shall identify all proposed HUB and other subcontractors at the time of response submittal. The required forms with video instructions can be found at the following website:

17 HUB SUBCONTRACTING PLAN (HSP) PRIME CONTRACTOR PROGRESS ASSESSMENT REPORT: After award of the purchase order, the vendor shall report all HUB and non-hub subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TxDOT contract manager monthly. The report shall be submitted monthly even during the months the vendor is not invoicing TxDOT. All payments made to subcontractors shall be reported. TxDOT may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors. 24. BUSINESS CONTINUITY PROCEDURES AND DISASTER RECOVERY PLAN: The respondent shall submit business continuity procedures and a disaster recovery plan (limit one page) which shall include the following: Business continuity procedures shall be implemented to fulfill all requirements of the purchase order including, but not limited to: Fire, theft, natural disaster, technical difficulty, workforce problems, equipment failure or other disruption of business A disaster recovery plan for this service shall be maintained. The vendor shall be responsible for all cost of disaster recovery. 25. SOFTWARE DELIVERY AND INTELLECTUAL PROPERTY RIGHTS DELIVERY: The vendor shall: Deliver all custom and reuse software, if used, as machine readable source files, and linkable or executable modules, and printed source listings, in addition to installed and operating copies of the programs (baseline software or hardware configuration shall not be created such that only vendor could change) Identify the tools required for the modification and compilation of the custom and reuse software programs Deliver source codes for all custom and reuse software programs developed under the purchase order with all needed support resources needed to edit, compile and link these programs on the central processors, including, but not limited to: CASE tools, compilers, editors, and function libraries used in the development of the programs Deliver all documentation concerning protocol for reuse and custom software, source code, commented listings, descriptions of software structure, database utilization, and instructions necessary to convert the source code into an operational system SOFTWARE: The vendor shall not: Create software that only the vendor could modify Create or utilize reuse software that is not in the public domain CUSTOMIZED SOFTWARE LICENSE: The vendor shall not place any legend on the custom or reuse software which restricts TxDOT s rights in such software unless the restrictions are set forth in a license agreement approved and executed by TxDOT

18 25.4. OWNERSHIP The vendor shall transfer to, or purchase for, TxDOT all licenses to software acquired in conjunction with this project, including all original media, documentation, warranties, licenses, applications software, and developmental software used in developing custom applications In the event that custom software development is required, TxDOT will own the entire rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to the custom software development documentation, software, and any other intellectual properties created for custom software and versions thereof, and all works based upon, derived from, or incorporating works thereof, and in and to all income, royalties, damages, claims, and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the custom software and copyrights arising there from, and in and to all rights corresponding to the custom software and versions thereof throughout the world. TxDOT shall retain ownership of all production and historical data produced by the proposed system SOFTWARE LICENSING: The vendor shall provide for TxDOT to have escrow account access to, and receive, the source codes and data for any licensed products upon the failure or demise of the vendor s company. 26. TRAVEL: All travel and per diem shall be pre-approved in writing by TxDOT and will be reimbursed at current Texas legislated rates and rules. These expenses shall be clearly detailed and receipts attached to a copy of the invoice Reimbursable travel expenses include: Personal vehicle mileage, commercial transportation, hotel accommodations, parking and meals Reimbursement will be at current legislated rates and comply with the current Texas Mileage Guide and Texas State Travel Guide. These guides are located through the Window on State Government located at: No reimbursable travel expenses will be allowed within the Houston District. 27. CONFLICT OF INTEREST: The vendor, vendor s personnel, and vendor s subcontractor(s) shall affirm not to have, nor acquire any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor s obligations in regards to services authorized. 28. FEDERAL FUNDING: The purchase order will be supported in part with federal funds, therefore, the following federal laws and standards apply, including the following: Title 42 U.S.C. 2000d-2000d-7, with the exception of sections 2000d-5 and 2000d-6, also known as Title VI of the Civil Rights Act of Title 49 CFR Subtitle A Office of the Secretary of Transportation OMB Circular A-87 Office of Management and Budget Circular relating to Cost Principles for State, Local and Indian Tribal governments OMB Circular A-102 Office of Management and Budget Circular relating to Grants and Cooperative Agreements with State and Local Governments OMB Circular A-133 Office of Management and Budget Circular relating to Audits of States, Local Governments and Non-Profit Organizations

19 29. AMENDMENTS: TxDOT and the vendor reserve the right to amend the purchase order by mutual written agreement at any time during the term of service, as may be necessary to achieve the highest quality of production by the most efficient and cost-effective means or to include a different element or special feature that was not contemplated or fully developed at the time of solicitation. The amendment process will be accomplished through a Purchase Order Change Notice (POCN) time of solicitation. The amendment process will be accomplished through a Purchase Order Change Notice (POCN). 30. INVOICING INSTRUCTIONS: The vendor shall provide a comprehensive and detailed invoice with reference to the basis for each item charged. Original documentation that validates the charges shall be attached. The original invoice shall be sent to the address shown on the purchase order to ensure timely payment and shall include the following: Complete 16-digit purchase order number Vendor Employer Identification Number (EIN) Date and time of service Location of service Technician s title and name with hours totaled Breakdown of parts and labor An invoice requiring correction shall be re-submitted with a new invoice date. 31. PAYMENT REQUIREMENTS: Vendor-provided materials or service will be paid as follows: Reimbursement for all parts and labor will be paid according to Schedule 1 Material Pricing and Schedule 2 Labor Pricing respectively Payment will require the following submittals with the itemized invoice and shall include, but not be limited to, the applicable information listed below. Vendor shall provide documentation supporting pricing Copy of Attachment D Traffic Management System Maintenance Report Copy of Attachment E ITS Maintenance Weekly Time Sheet Copy of Attachment F1-F8 Preventive Maintenance Forms Copy of Attachment G Locate Request. 32. TxDOT RESPONSIBILITIES: TxDOT will: Provide a contract manager or administrator Provide a point of contact Provide access to appropriate data systems and information, providing TxDOT Form 1828b Information Resources Security Compliance and Confidentiality Agreement has been signed and provided by the vendor prior to access Provide required forms to file accident reports Provide oversight and pre-approval before installation of all major replacement components

20 33. RESPONSE SUBMISSION: Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration. The response submission shall be submitted in the following format: GENERAL FORMAT: The respondent shall submit one signed and dated original (marked Original) and five copies (marked Copy). The submission shall be in separate loose leaf binders on one sided 8-1/2 x 11 inch paper and shall be tab-indexed corresponding to the sections listed below. Plastic spine-bound or wire bound submittals are highly discouraged. Include only the information specified for each section ORIGINAL RESPONSE: The original response shall include the following: Section 1 Original, completed, signed and dated Request for Offer (RFO). NOTE TO RESPONDENT: If addendums are generated as part of this solicitation, include the original signed and dated addendum(s) in Section Section 2 Schedule 1 Material Pricing Section 3 Schedule 2 Labor Pricing Section 4 Financial Standing: The respondent shall submit a statement from the president, owner or financial officer on company letterhead certifying that the company is in good financial standing, not in any form of bankruptcy, current in payment of all taxes and fees (Ref. Para. 5) Section 5 Schedule 3 Company Qualifications and Experience: The respondent shall demonstrate successful past performance through submission of documentation of relevant qualifications and experience (Ref. Para. 5.) Section 6 Schedule 4 Key Personnel Qualifications and References: The respondent shall provide resumes or brief profiles and references. References shall substantiate the number of years of required experience of the individuals, including any subcontractors, who will be part of the respondent s personnel providing the service. The profile shall also include copies of current certifications or licenses or both and documentation (Ref. Para. 6.4.) for the PM, Senior Technician(s) and all additional Technician(s) Section 7 Demonstration of Capability: The respondent s approach and ability to meet the service requirements as specified in the solicitation shall be demonstrated. The response should be specific and address all requirements described in the solicitation in the order presented in Para. 9. The respondent shall submit written documentation addressing how the vendor intends to meet the following: Provision of all equipment and labor (Ref. Para. 9.3.) Provision of utility line location services (Ref. Para ) Begin work on the repairs within the timeframes indicated in Attachment B Required Vendor Response Times Section 8 Business Continuity and Disaster Recovery Plan: Respondent shall submit a contingency and recovery plan detailing how they propose to meet the specifications in the event vendor service is interrupted. The plan shall detail the vendor s backup and recovery process (Ref. Para. 24.)