1-RFP 25-T055 Fluid Management System.pdf

135645344v.2

The Fort Worth Transportation Authority operating as (“Trinity Metro”) outlines the following schedule:

RFP Release Date: September 3, 2025, 4:00 PM CST

Proposal Submission Deadline: October 16, 2:00 PM CST

REVIEW THE FULL SCHEDULE OF EVENTS IN SECTION 2

DISADVANTAGED BUSINESS ENTERPRISE

(DBE) GOAL: 0%

DAVIS BACON WAGE DETERMINATION: TX20250270

The Fort Worth Transportation Authority, operating as Trinity Metro, is a regional transportation authority of the State of Texas, created pursuant to Chapter 452 of the Texas Transportation Code and confirmed by a public referendum on November 8, 1983. Trinity Metro provides public transportation services within the city limits of Fort Worth, Forest Hill, and River Oaks. Such services include fixed bus routes, mobility impaired transportation service (Paratransit services), carpool/vanpool services, ON- DEMAND and commuter rail (operating as TEXRail and Trinity Railway Express (TRE)). A one-half of one percent ($.0050) sales tax is dedicated to supporting Trinity Metro’s public transportation program. Trinity Metro is also the recipient of Federal Transit Administration (FTA) capital grants and Texas Commission on Environmental Quality grants.

Trinity Metro is governed by an eleven-member Board of appointed officials. Eight Board members are appointed by the Fort Worth City Council and 3 Board members are appointed by the Tarrant County Commissioners Court, in accordance with Subchapter N., Sec. 452.562 (c) – (f) of the Transportation Code. The Board sets policy through standing and ad hoc committees, and establishes broad business goals and policies for management. The President & Chief Executive Officer reports to the Board, and is responsible for implementation of Board policies and day-to-day operations of Trinity Metro.

This Request for Proposal (RFP) neither creates nor implies any obligation on the part of the Trinity Metro to award a contract or to pay any costs incurred in the preparation or submittal of any Proposal.

Trinity Metro 801 Grove Street Fort Worth, Texas 76102

REQUEST FOR PROPOSAL (RFP)

FLUID MANAGEMENT SYSTEM

RFP #25-T055

RFP 25-T055

FLUID MANAGEMENT

SYSTEM

Table of Contents Section 1 Minimum Requirements

Section 2 Schedule of Events

Section 3 Instructions to Proposers

Section 4 Evaluation Criteria

Section 5 Scope of Work

Section 6 Special Provisions

Section 7 Federal Contract and Other Requirements

Section 8 Safety, Security and Emergency Requirements

Section 9 Attachments and Forms

F1 – ATTACHMENTS AND AMENDMENTS

F2 – CERTIFICATION OF CONTRACTOR REGARDING DEBARMENT,

SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

F3 – CONFLICT OF INTEREST ACKNOWLEDGMENT AND CERTIFICATION

F4 – CERTIFICATION OF COMPLIANCE WITH RESTRICTIONS ON LOBBYING . 54

F5 – BUSINESS QUESTIONNAIRE

F6 – LIST OF REFERENCES FOR SIMILAR PROJECTS

F7 – AFFIDAVIT OF NON-COLLUSION

F8 – PROHIBITION OF CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL 59

F9 – FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTION

CERTIFICATION

F10 – BASE PRICE PROPOSAL

F11 – TRINITY METRO SAFETY, SECURITY AND EMERGENCY REQUIREMENTS

F12 – BUY AMERICA CERTIFICATION

OFFER AND CONTRACT SIGNATURE FORM

ATTACHMENT A

ATTACHMENT B – DAVIS BACON WAGE DETERMINATION

ATTACHMENT C – WH – 347

Section 1 Minimum Requirements

NAME FORM DESCRIPTION FORM

NUMBER

SUBMIT

WITH

OFFER?

Cover Page Solicitation Number, Title, Due Date None YES ☐

Section 2 Schedule of Events None Section 3 Instruction to Proposers None Section 4 Evaluation and Response None Section 5 Scope of Work None Section 6 Special Provisions None Section 7 Federal Contract and Other Requirements None Section 8 Trinity Metro Safety, Security and Emergency None Section 9 Attachments and Amendments F1 YES ☐

Certification of Contractor Regarding Debarment, Suspension, and Other Responsibility Matters F2 YES ☐

Conflict of Interest Acknowledgement and Certification F3 YES ☐

Certification of Compliance with Restriction on Lobbying F4 YES ☐

Business Questionnaire & List of References F5 YES ☐ List of References for Similar Projects F6 YES ☐ Affidavit of Non-Collusion F7 YES ☐

Prohibition of Contracts with Companies Boycotting Israel F8 YES ☐

Federal Tax Liability and Recent Felony Convictions Certification F9 YES ☐

Base Price Proposal F10 YES ☐ Trinity Metro Safety, Security and Emergency F11 YES ☐ Buy America Certification F12 Offer and Contract Signature YES ☐ Attachment A YES ☐ Attachment B – Davis Bacon Wage Determination Attachment C – WH – 347

NOTE: FAILURE TO SUBMIT ALL REQUESTED ITEMS ABOVE, PROPERLY

COMPLETED, CAN BE

CAUSE FOR REJECTION OF YOUR FIRM’S SUBMITTAL!!!

Section 2 Schedule of Events

EVENTS DATE TIME

RFP Release Date September 03, 2025 04:00 PM CST

Pre-Proposal Meeting & Walkthrough

(MANDATORY)

Address:

1600 E. Lancaster Fort Worth, Texas 76102 *** Please bring a safety vest***

September 18, 2025 02:00 PM

Deadline for Submission of Written Questions (1) October 02, 2025 5:00 PM CST

Proposal Submission Deadline October 16, 2025 2:00 PM CST

Receipt of Proposal Location: Virtual - Microsoft TEAMS October 16, 2025 3:00 PM CST

Interviews/Demonstrations from Most Qualified Proposers (if necessary)(2)

TBD

Trinity Metro Board Meeting to Recommend Contract Approval (3) November 2025

Contract Executed (4) November/December

(1) Questions will be received in writing by e-mail. No questions will be answered verbally.

(2) The Trinity Metro reserves the right not to conduct oral demonstrations and/or interviews and select a Contractor based on written proposals only.

(3) The Evaluation Committee’s recommendation of contract award is scheduled for Board presentation by the date above; however, Trinity Metro reserves the right to change the award date.

(4) Trinity Metro reserves the right to change the contract execution date.

Section 3 Instructions to Proposers

3.1 Downloading RFP and Submission of Proposals

RFP documents can be downloaded from Trinity Metro’s website and the Proposals can be submitted electronically on Bonfire or in hard copy to the address listed below.

https://www.procuretm.org/procurements

A person or firm submitting a proposal in response to this RFP is a “Proposer.” A Proposer who enters into a Contract under this RFP is referred to as “Contractor.” Sealed proposals must be delivered by the date and time outlined in the Schedule of Events in Section 2.

Proposers shall submit one original, one copy, and all of the required Proposal documents.

All Proposal documents shall be in a sealed package, addressed as shown below, bearing the Proposer’s name and address and clearly marked as follows:

Trinity Metro Attn: PROCUREMENT 801 Grove Street Fort Worth, TX 76102 RFP 25-T055 Fluid Management System

Proposers can also submit proposals electronically using the Trinity Metro electronic bidding portal, Bonfire, at:

https://ridetm.bonfirehub.com/portal/?tab=openOpportunities

All proposals, electronic or hard copy, must be submitted by the date stated in the schedule of events. It is the sole responsibility of the Proposer to ensure timely delivery of the proposal. Trinity Metro will not be responsible for failure of service on the part of the U.S. Post Office, courier services, electronic difficulties, or any other form of delivery service chosen by Respondent.

Proposals arriving late for any reason will not be accepted.

3.2 For uniformity, all Proposers must submit information in the order and format requested in this RFP. Failure to do so may cause the proposal to be deemed nonresponsive to the RFP. Information requested in the RFP that the Proposer deems privileged and confidential, may be submitted in a separate envelope marked “Privileged and Confidential Information.” Trinity Metro will use its best efforts to protect such information from disclosure to the extent allowable by law. There will be no release of information until (a) the selection process is complete and a Contract has been executed or (b) Trinity Metro has formally terminated this procurement.

3.3 Exceptions to Any Portion of the Solicitation Requirements All exceptions, conditions, and limitations (collectively, “exceptions”) taken to or imposed on the terms and conditions of the RFP (including, without limitation, any of its attachments or other parts of the RFP) shall be clearly identified and submitted with Proposer’s proposal. Each exception shall specifically reference each paragraph(s) and/or specific part(s) of the RFP to which the exception is taken.

https://www.procuretm.org/procurements https://ridetm.bonfirehub.com/portal/?tab=openOpportunities

Proposer shall provide rationale in support of the exception and fully explain its impact, if any, on its performance of or obligations under the procurement.

Proposers are cautioned to limit exceptions. In Trinity Metro’s sole and absolute judgment, exceptions may be determined to be so fundamental as to cause rejection of the proposal for not responding to the requirements of the RFP.

All exceptions will be considered during the evaluation process. Exceptions made after Contract award may result in proposal being rejected.

3.4 Basis for Contract Negotiation

A contract, if any, awarded under this RFP is defined herein as “the Contract” or “this Contract.” The terms, conditions, representations, warranties, and other provisions of this RFP will be incorporated into and will form the bulk of the Contract, except to the extent otherwise expressly confirmed in writing signed by Trinity Metro. Thus, this RFP and the Proposer’s proposal shall be used as the basis for contract negotiation. The RFP does not commit Trinity Metro to procure or award any contract for the scope of work described herein.

3.5 Mandatory Pre-Proposal Meeting

Respondents must attend a pre-proposal meeting on the date and time listed in the Schedule of Events in Section 2. During this meeting, Trinity Metro will discuss information about the project, the qualification requirements and process, and will address particular questions that may occur because of review of this RFP.

3.6 Rejection and Selection of Proposals; Modification of the RFP

1. Trinity Metro reserves the right to reject any or all proposals.

2. If a Contract is awarded, the selection of the proposal and Proposer shall conform to the requirements of applicable law and shall, in Trinity Metro’s sole discretion, be in the best interests of Trinity Metro.

3. Trinity Metro reserves the right to:

a. Amend, modify, or withdraw this RFP;

b. Revise any requirements under this RFP;

c. Require supplemental statements of information from any Proposer;

d. Extend the deadline for submission of responses hereto;

e. Negotiate or hold discussions with any Proposer to correct insufficient responses that do not completely conform to the instructions contained herein;

f. Waive any nonconformity with this RFP;

g. Cancel, in whole or in part, this RFP if Trinity Metro deems it is in its best interest to do so;

h. Request additional information or clarification of information provided in the proposal without changing the terms of the RFP; and

i. Waive any portion of the selection process in order to accelerate the negotiation of a Contract with a Proposer that meets the requirements under applicable law and this RFP for an award.

Trinity Metro may exercise the foregoing rights at any time without notice and without liability to any Proposer or any other party for expenses incurred in the preparation of proposals or otherwise. Proposals will be prepared at the sole cost and expense of the Proposer.

4. Nothing stated at any time, by any representative of Trinity Metro, will effect a change in, or constitute an addition to, this RFP unless confirmed in writing through an Addenda issued by Trinity Metro to this RFP.

5. The Proposer agrees to keep confidential its response and any information received from Trinity Metro.

6. All information submitted in response to the RFP shall become the property of Trinity

Metro, and as such, may be subject to public review as public records.

7. Proposer acknowledges and agrees that Trinity Metro will not be liable for any costs, expenses, losses, damages (including damages for loss of anticipated profit), or liabilities incurred by the Proposer or any member thereof as a result of, or arising out of its submitting a proposal, negotiating changes to such proposal, or Trinity Metro’s acceptance or non-acceptance of the proposal.

8. Trinity Metro shall control the release of all public information concerning the procurement under this RFP, including selection announcements and Contract awards. Those desiring to release information to the public must receive prior written approval from an authorized representative of Trinity Metro.

9. Neither Trinity Metro nor any of its officers, agents, consultants, or employees shall be responsible for the accuracy of any information provided as part of this RFP (including appendices). All Proposers are encouraged to independently verify the accuracy of any information provided. The use of this information in the preparation of a proposal is at the sole risk of the Proposer.

10. The Proposer shall not collude in any manner or engage in any practices with any other Proposer(s), which may restrict or eliminate competition or otherwise restrain trade. Violation of this instruction will cause Trinity Metro to reject the Proposer’s submittal. This prohibition is not intended to preclude joint ventures or subcontracts.

11. All proposals must be the original work product of the Proposer. The copying, paraphrasing, or other use of substantial portions of the work product of another Proposer is not permitted. Failure to adhere to this instruction will cause Trinity Metro to reject the proposal. The successful Proposer will be required to enter into Contract by signature on separate Contract documents, which will be prepared by Trinity Metro from information in the RFP and the successful Proposer’s proposal.

12. Any Proposer may protest such recommended award in accordance with Section

7.14 Rights and Remedies.

3.7 Response to Communications and Request for Clarification

It is the responsibility of the proposer to examine the entire RFP package and seek clarification of any scope of work, specification item, requirement, or any other matter that it finds unclear. Furthermore, the Proposer must check the proposal for accuracy before submission. All requests for clarifications or changes shall be submitted in writing in time to be received in accordance with the Schedule of Events outlined in Section 2.

Trinity Metro will not respond to oral requests. Only written requests for questions and/or clarifications, will be acceptable (email and/or email attachments will be accepted). All questions and/or clarifications requests shall be sent to the attention as identified below.

Only written responses from Trinity Metro in the form of addenda to this RFP shall be official, and all other forms of communication with any officer, employee or agent of Trinity Metro shall not be binding.

All questions and/or clarifications and/or request for a change to any of the specifications shall be fully supported with technical data, test results, or other pertinent information evidencing that the exception will result in a condition equal to or better than that required by the RFP, without substantial increase in cost or time requirements. Any responses to such written requests shall be provided by Trinity Metro in the form of an addendum.

All questions or request for clarifications regarding the services required shall be submitted in writing and/or email (no phone inquiries will be accepted) and addressed to:

Sarah Rogers, Project Manager Trinity Metro 801 Grove Street Fort Worth, Texas 76102 E-mail: contractmgmt@ridetm.org

Proposers shall not contact members of the Evaluation Committee or Board of Directors concerning this RFP. Any proposers violating this provision may be disqualified from consideration in this RFP.

3.8 Addenda and Attachments to RFP

This RFP has been posted on Trinity Metro’s website and Trinity Metro’s electronic bidding portal, Bonfire, for your convenience. Any attachments, addendums, clarifications or further instructions to Proposers, whether as a result of questions raised by Proposers or matters initiated by Trinity Metro will also be posted when issued. It is the Proposer’s responsibility to ensure that the entire RFP package, in its latest version, is reviewed prior to submittal of a proposal.

3.9 Contract Award

Trinity Metro reserves the right for any reason or no stated reason to postpone, accept, or reject any and/or all proposals, to waive any irregularities in proposals received, and award the Contract(s) in accordance with applicable law and this RFP. Trinity Metro reserves the right to make multiple awards.

Trinity Metro shall consider all elements entering into the determination of the responsiveness of the proposal and the responsibility of the Proposer. Any proposal which mailto:contractmgmt@ridetm.org is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be cause for rejection of the Proposal.

The Contract may be awarded within 90 calendar days from the date upon which proposals were received or such other date as is specified in the Schedule of Events above in this RFP. No award shall be made for a proposal Trinity Metro determines to be non-responsive or to a Proposer Trinity Metro determines to be not responsible.

If a single proposal is received, Trinity Metro will conduct a price and/or cost analysis of the proposal. A price analysis is the process of examining and evaluating a price submitted without examining in detail the separate cost elements and the profit included in the cost proposal. A price analysis through comparison to other similar procurements shall be based upon an established or competitive price of the elements used in the comparison.

The comparison shall be made to a purchase of similar quantity and involving similar specifications. Where a difference exists, a detailed analysis shall be made of this difference and costs associated thereto. Trinity Metro has the right to enter into a negotiated procurement should only a single proposal be received.

Where it is impossible to obtain a valid price analysis, it may be necessary for Trinity Metro to conduct a cost analysis of the proposal price.

3.10 Disadvantaged Business Enterprise Requirements

There is no Disadvantaged Business Enterprise (DBE) goal assigned to this contract;

however, DBE firms are encouraged to respond to this RFP, and joint ventures with DBE firms are also encouraged.

3.11 Non-Collusion Affidavit

Proposer shall submit, with its proposal, an affidavit stating that neither Proposer nor its agents, nor any other party on its behalf, has paid or agreed to pay, directly or indirectly, any person, firm, or corporation, any money or valuable consideration for assistance in procuring or attempting to procure the Contract that may result from this RFP, and further agrees that no such money or consideration will be hereafter paid. This affidavit shall be on the form provided by Trinity Metro, which is made a part of this RFP.

3.12 Proposer’s Texas Government Code Certifications

Pursuant to the provisions of the Texas Government Code cited below, Proposer represents, warrants, and affirms the following, and Proposer covenants that if circumstances relevant to any of the following change during the term of a contract that may be awarded to Proposer under this RFP, Proposer will promptly notify Trinity Metro of such change.

1. Sec. 2252.152. Proposer is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code, and Proposer is not identified on the list created by the Texas Comptroller of Public Accounts as a company known to have contracts with or provide supplies or services to Iran, Sudan, or a foreign terrorist organization.

2. Sec. 2271.002. Either (a) Proposer does not and will not for the duration of the Contract boycott Israel or (b) the verification required by Section 2271.002 of the Texas Government Code does not apply to this procurement.

3. Chapter 2274. Either (a) Proposer does not and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (b) the verification required by Section

2274.002 of the Texas Government Code does not apply to this procurement.

4. Section 2276.002. Either (a) Proposer does not and will not for the duration of the Contract boycott energy companies or (b) the verification required by Section

2276.002 of the Texas Government Code does not apply to this Agreement.

5. Section 2252.908 If Section 2252.908 of the Texas Government Code applies to this procurement, and if Proposer is awarded a Contract, Proposer will submit to Trinity Metro a Certificate of Interested Parties (Form 1295) before the execution of the Contract. Refer to the information at the Texas Ethics Commission’s website for instructions on registering and completing Form 1295.

3.13 Force Majeure

1. Definition: An Event of Force Majeure is defined as acts of God; earthquake, unusually severe weather, flood and any other natural disaster; civil disturbance, strikes and labor disputes; fires and explosions; war and other hostilities; embargo;

or failure of third parties, including suppliers or subcontractors, to perform their obligations to the Contractor due to a force majeure event described above.

2. Economic hardship, changes in market conditions, or insufficient funds do not constitute an Event of Force Majeure, and an Event of Force Majeure does not excuse an obligation to make a payment required under this Contract.

3. If Contractor cannot perform some of its obligations due to an Event of Force Majeure, it must nevertheless continuously and diligently carry out and complete all of its obligations not prevented by the Event of Force Majeure.

4. Notice of Delay. If Contractor is delayed in the performance of the Services due to an Event of Force Majeure or otherwise, Contractor must in a prompt manner upon receiving knowledge of such delay give written notice thereof to Trinity Metro and furnish Trinity Metro information concerning the cause of the delay and its approximate anticipated length and demonstrating, if applicable, that the delay is due to an Event of Force Majeure.

5. Sole Relief. If an Event of Force Majeure occurs, provided Contractor has complied with all applicable notice requirements regarding a request for relief under this section, Contractor is excused from performance of its obligations under this Contract, but only for the time and to the extent that such performance is actually prevented by the Event of Force Majeure. When Contractor is able to resume performance of its obligations, it shall immediately give Trinity Metro written notice to that effect and promptly resume performance under this Contract. The relief offered by this Force Majeure provision is the exclusive remedy available to Contractor with respect to an Event of Force Majeure, and no claim for damages shall be made by either party for delays resulting from an Event of Force Majeure.

6. Continuing Delays. Trinity Metro may terminate this Contract if: (a) Contractor’s failure to perform under this Contract due to an Event of Force Majeure impairs the material benefits of this Contract to Trinity Metro; and (b) Contractor does not resume performance in accordance with this Contract within ten (10) business days following Trinity Metro’s giving notice to Contractor of Trinity Metro’s intent to terminate this Contract.

3.14. Buy America Compliance

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.

The proposer must submit to Trinity Metro the appropriate Buy America certification with its Proposal. Proposals that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.

Buy America requirements flow down Trinity Metro to Contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

RFP 25-T055 FLUID MANAGEMENT

Section 4 Evaluation Criteria

Proposals will be evaluated by a selection committee of individuals from TRINITY METRO and other departments. TRINITY METRO intends to evaluate the statements generally in accordance with the criteria listed below. TRINITY METRO may invite proposers to make a presentation and be interviewed by the committee as part of the selection process.

Contractors’ qualifications shall be evaluated using the following criteria:

Max

Points Max

Pages A. Letter of Introduction / Cover Letter Not

Counted

B. System Functionality

• Describe the exact system and components proposed system, and how it will benefit Trinity Metro in monitoring quantities, alerting of issues (both overfill and leak detection), ease of use, and safety features of the system.

• Explain how communication between devices will occur and the distances the devices can communicate with each other

25 28

C. Contractors Qualifications

• Proposer’s History, location(s), number of employees, number of licensed employees, equipment possessed by the proposer, history of similar projects with customers of similar size and scope, key personnel, project organization; and availability of key personnel.

• Since Trinity Metro operates some of its facilities 24 hours a day, and 365 days a year describe proposer’s ability to respond to Trinity Metro’s needs and provide services to Trinity Metro in a timely manner.

• Describe proposer’s network of subcontractors and their availability to complete the scope of work described and the schedule in which the work can be completed.

D. Approach to Services

• Contractor should present its understanding of the scope of work and the approach it will take to ensure the successful completion of the project. Contractor shall explain the solution provided to Trinity Metro and how it will meet the needs described above.

• Indicate the measures the contractor uses to manage the overall project budget and schedule.

• Indicate the support to be provided to Trinity Metro and the length the support will be provided.

E. Pricing and Cost Effectiveness

• Pricing Most Advantageous to Trinity Metro

F. Compliance Forms Pass/Fail Not Counted Total Points – Total Pages (not including resumes, references, and forms) 100 30 Trinity Metro’s selection committee reserves the right to request additional information from proposers, request oral presentation, or ask proposers to appear before the selection committee to clarify their proposal.

Section 5 Scope of Work

Project Title: Fluid Management System

Purpose

Trinity Metro is seeking proposals to replace the current Red Jacket 1401 system which is outdated and inoperable at 1601 E El Paso Street, Fort Worth TX 76102. We believe it is a communication issue due to the distance between the sensors / probes and the monitoring panel.

We are seeking to replace the current inoperable system with a Veeder-Root TLS 450 Plus or approved equivalent and add inventory probes / sensors to all of our liquid tanks, sumps, and floor sumps.

The proposer shall submit to Trinity Metro a proposed system that meets Trinity Metro’s needs and all regulatory compliance. A site walk-through is required. Trinity Metro has chosen not to provide specific requirements so that the proposer can provide alternatives that provide the best solution to meet their needs. The Scope of Work includes the basic requirements of the system.

The proposal will be scored based on the best solution provided to Trinity Metro, along with the other criteria provided.

Scope Of Work

• Remove existing Red Jacket consoles, probes, and sensors

• Replace the existing Red Jacked system with Veeder-Root TLS 450 Plus with printer and probe / sensor module or approved equivalent to a centralized location in relation to where probes and sensors will be.

• Furnish and install new probes and float kits for all existing tanks with leak detection for underground tanks that meet state and national regulatory compliance

• Furnish and install sensors in the existing tanks, sumps, and floor sumps in tank rooms

• Furnish and install a new overfill alarm with an acknowledgment switch

• Remove concrete necessary to run new conduit and wiring for the system

• Furnish and install any and all aboveground conduit needed for new cables

• Replace any concrete that was removed for new wiring or probes

• Provide 3 owner-trainings after the system is installed and tested (one for each shift)

• Remove all debris and trash produced from work off-site by the vendor

The existing system shall have the following, at a minimum:

• Continuous inventory monitoring

• Electronic line leak detection

• Complete Inventory Reports before and after generator operation

• Programmable alarms

• Inventory Reconciliation Reporting

• Fuel Manager

• Web-accessible interface preferred

We currently have the following equipment:

Probes, float kits, and low-level sensors installed:

• Exterior o 10,000 gallon unleaded underground storage tank with leak detection and pressure sensors o 20,000 gallon diesel underground storage tank with leak detection and pressure sensors o 20,000 gallon diesel underground storage tank with leak detection and pressure sensors

• Bus Shop o 1,000 gallon antifreeze above-ground tank o 2,000 gallon CNG oil above-ground tank o 2,000 gallon CNG oil above-ground tank o 1,500 gallon transmission fluid oil above-ground tank o 560 gallon gear oil above-ground tank

• Service Station o 560 gallon antifreeze above-ground tank o 600 gallon CNG oil above-ground tank o 800 gallon CNG oil above-ground tank o 560 gallon transmission fluid oil above-ground tank

• Coolant Room o 55 gallon Windshield washer fluid above-ground tank o Coolant above-ground tank

• Bus Wash o 55 gallon drum of soap for chassis wash o 500 gallon UST for detergent o 1000 gallon UST for recycled water

Probes, float kits, and high-level sensors installed:

• Bus shop o Used oil above-ground tank o Used oil above-ground tank

• Body/Van Shop o Used oil above-ground tank

High level sensors:

• Bus shop o Floor sump pump sensor next to CNG oil tanks o Sump pump detection for used oil above-ground tank o Sump pump detection for used oil above-ground tank

• Body/Van Shop o Sump pump detection for used oil above-ground tank

• Coolant Room o Sump pump sensor

• Service Station o Sump pump sensor

• Oil Separator Tanks:

o Two in front of Bus shop o One in front of Van shop o One at southwest corner of Service Station o One on south side of Bus Wash

This is a turn-key project to provide a fluid management system. This includes, but is not limited to:

• Supplying and installing all electrical needed for proper operation of the system, including sensors and probes

• Conducting a hazard analysis prior to the start of any work and protecting the workplace from any hazards to include, but not limited to, having proper PPE, spill containment, and signage posted.

• Demo of existing equipment

• Installation and programming of each new device to ensure effective and accurate operational condition

• Contractor shall properly clean working area at end of each day

• Provide a minimum of three trainings on the use of the system

• Assist Trinity Metro in setting up desired alarms

• Perform quarterly maintenance and/or software upgrades on the device(s).

It is the contractor’s responsibility to verify existing conditions prior to proposing on the project. It is the contractor’s responsibility to locate underground utilities and ensure they are not impacted during construction. It is also the contractor’s responsibility to include quarterly maintenance and software upgrades on devices.

Section 6 Special Provisions

6.1 Contract Award

This will be a Fixed-Price Contract. The contract period will be for three (3) year contract with two (2) one-year option. Delivery and performance shall be made only as authorized after funding appropriations and program approval have been granted by Trinity Metro’s Board of Directors.

6.2 Expenses & Invoicing

Contractor shall submit monthly invoices for Services delivered, completed and accepted, via email to Trinity Metro’s Accounts Payable department at accountspayable@ridetm.org and copy the Department Representative listed under Notices in the contract. The invoice will consist of the contract number, purchase order number, line item number, item description, quantity, units, unit price, and total line item amount. Each invoice shall also include supporting documentation for all eligible expenditures.

Approved invoices amounts will be paid net 30 days from the invoice date. Invoice payments will be made either by check or via Electronic Funds Transfer (EFT) to Contractor’s designated banking institution. EFT payments are Trinity Metro’s desired method of payment. Appropriate Vendor and EFT forms will be provided to Contractor at time of execution of this agreement.

6.3 Selection Procedure

1. Proposals received after date and time specified in Section 2 are not eligible and shall not be considered for award of the Contract.

2. An Evaluation Committee shall evaluate each proposal that was submitted on time and the evaluation shall be based on the criteria listed Section 4. The sum total points scored on both qualifications and price will be considered in award of a contract. Following this initial evaluation, the Evaluation Committee may make a recommendation to the Board of Director(s) concerning award of contract without further discussion with Proposers. The top rated Proposers may be asked to make an oral presentation to the evaluation team for the purpose of further clarification and evaluation of their proposals.

3. Oral presentations, if required, shall be conducted to solicit information to enable the Evaluation Committee to evaluate the capability of the applicable Proposer regarding the desired goods and/or services. If Trinity Metro notifies a Proposer that an oral presentation is required, Trinity Metro shall inform the Proposer of the schedule, order and procedure for the presentation, including its content, time limits, identity of the presenters, and use of handouts and visual aids. Trinity Metro may tape record and/or videotape any presentation.

4. If demonstrations are scheduled, the representatives of the Proposer and of its pertinent necessary proposed subcontractors or subconsultants shall be present at the demonstration. During the demonstration, the Evaluation Committee may advise the Proposer of deficiencies in the process and shall allow the Proposer to satisfy the requirements, questions, or concerns by submitting an amended final proposal. The Proposer may decide not to modify its proposal and may inform the mailto:accountspayable@ridetm.org

Evaluation Committee that the proposal is firm and final.

5. Notwithstanding the foregoing, Trinity Metro at its sole option may elect to forego demonstration presentations. Consequently, all proposals shall be comprehensive and clear. No Proposer shall rely upon the opportunity to present additional or clarifying information at a later time.

6. The Evaluation Committee shall not disclose any information included in a proposing firm's Proposal Documentation to another firm, and shall not disclose any information for the purpose of bringing one firm's Proposal Documentation up to that of a competitor's Proposal Documentation.

7. If amended final proposals are accepted, the Evaluation Committee shall reevaluate each of the final proposals, including those deemed final at a demonstration, if any. Final proposals shall be evaluated on the same criteria used in the first evaluation.

8. The Evaluation Committee may recommend the top ranked Proposer to the Board of Director(s), who shall make the final selection.

9. Award of contract shall be made to the responsive, responsible Proposer whose proposal is determined to provide the best value to Trinity Metro based on the evaluation criteria set forth in Section 4.

6.4 Open Records

All proposals become the property of Trinity Metro and are subject to the Texas Public Information Act (PIA). Proposers must familiarize themselves with the provisions of the PIA. In no event shall Trinity Metro, or any of its agents, representatives, proposers, directors, officers, or employees be liable to a Proposer for the disclosure of all or any portion of a proposal. If Trinity Metro receives a request for public disclosure of all or any portion of a proposal, Trinity Metro will endeavor to notify the Proposer of the request. If a Proposer has special concerns about information which it desires to make available to Trinity Metro but which it believes constitutes a trade secret, proprietary information or other information excepted from disclosure, it shall identify those portions of its proposal by clearly and prominently marking it “CONFIDENTIAL.” The basis of the claim of confidentiality shall be stated in the proposal adjacent to the marked information. Blanket statements regarding the confidentiality of information may not be sufficient to protect the confidentiality of information submitted. A Proposer is encouraged to seek counsel regarding any information it seeks to keep confidential.

In no event shall any of Trinity Metro’s directors, employees, administrator, consultants, or agents be liable for the disclosure of any materials or information submitted in a Proposal.

6.5 Proposer’s Acknowledgement

By submitting a proposal, the Proposer unequivocally acknowledges that the Proposer has read and fully understands this RFP, and that the Proposer has asked questions and received satisfactory answers from Trinity Metro regarding any provisions of this RFP with regard to which the Proposer desires clarification.

6.6 Incorporation of Proposer’s Proposal

1. Trinity Metro reserves the right to incorporate all or portions of the successful

Proposer’s proposal including any revisions and supplements into the Contract by reference or in full.

2. If, after Contract award, it is discovered that changes were agreed to in writing during negotiations, but were not incorporated into the resulting Contract, such changes shall be considered administrative in nature and incorporated by unilateral modification at no change in the Contract cost or price, or other terms and conditions. To satisfy the contract requirements, Proposer shall adhere to the price and other terms accepted by Trinity Metro.

3. Notwithstanding the foregoing, no portions of the proposal that conflict with, limit, impair, or otherwise diminish the benefits afforded to Trinity Metro under this RFP shall be deemed incorporated into the Contract only if such provisions are expressly approved by Trinity Metro in writing.

6.7. Insurance Requirements

The Contractor shall, at all times during the term of this Contract and extended terms thereof, provide and maintain the following types of insurance protecting the interests of Trinity Metro and the Contractor with limits of liability not less than those specified below.

1. Comprehensive Automobile Liability insurance or its equivalent, covering all owned, hired and non-owned vehicles used in connection with the work performed under this contract with combined single limits for bodily injury and property damage liability of not less than $1,000,000.

2. Commercial General Liability insurance or its equivalent, providing limits of not less than $2,000,000 for bodily injury and property damage per occurrence with a general aggregate of $2,000,000 and a products and completed operations aggregate of $2,000,000. There shall not be any policy exclusions or limitations for the following:

• Contractual Liability covering Contractor's obligations herein

• Personal Injury Advertising Liability

• Explosion, Collapse & Underground Property Damage Hazard

• Medical Payments

• Fire Damage Legal Liability

• Broad Form Property Damage

• Liability for Independent Contractors

3. Workers' Compensation Insurance or its equivalent, providing benefits comparable to those provided under the Workers' Compensation Act of the State of Texas and/or any other State or Federal law or laws applicable to the

Contractor's employees performing work under this contract. Employer's Liability Insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 each employee for disease and $1,000,000 policy limit for disease.

This insurance shall be endorsed with a Waiver of Subrogation Endorsement, waiving the carrier's right of recovery under subrogation or otherwise from Trinity Metro.

4. Certificates of Insurance - Before commencing execution of this contract, the Contractor shall mail Certificates of Insurance satisfactory to Trinity Metro (or, as and when Trinity Metro may direct, copies of the policies endorsements or actual insurance policies) at the address in Section 3 evidencing that insurance as required by paragraph (a), and all subparagraphs to (a) above, is in force, stating policy number dates of expiration and limits of liability thereunder. All copies of policies and Certificates of Insurance submitted to Trinity Metro shall be in form and content acceptable to Trinity Metro.

5. Approval of Forms and Companies - All coverage described in this contract shall be in a form and content satisfactory to the Contracting Officer. No party subject to the provisions of this contract shall violate or knowingly permit to be violated any of the provisions of the policies of insurance described herein. All insurance shall be provided by insurance companies with a Best's Rating of A-or better.

6. Additional Insured Endorsement - The policy or policies providing Commercial General Liability, Automobile Liability, and as otherwise required above shall be endorsed to name Fort Worth Transportation Authority, their directors, officers, representatives, agents and employees as Additional Insured as respect to operations performed by or on behalf of the Contractor in performance of this contract. The policy shall also be endorsed to name other interests as directed by Trinity Metro. The policies shall be primary and non-contributory.

7. Notice of Cancellation or Material Changes - Policies and/or Certificates shall specifically provide that a thirty (30) day notice of cancellation, non-renewal, or material change be sent to Trinity Metro.

8. Multiple Policies - The limits of liability as required above may be provided by a single policy of insurance or a combination of primary, excess or umbrella liability policies. But in no event shall the total limit of liability of any one occurrence or accident be less than the amount shown above.

9. Deductibles - Companies issuing the insurance policies and the Contractor shall have no recourse against Trinity Metro for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor.

10. Subcontractors - If any part of the work is sublet, Contractor shall require any and all subcontractors performing work under this contract to carry workers' compensation insurance, in accordance with paragraph (a) above. The Contractor shall determine any other types of insurance and the limits of liability that Contractor shall deem appropriate and adequate to protect the interests of Trinity Metro. In the event a subcontractor is unable to furnish any insurance required under this Contract, the Contractor shall endorse the subcontractor as an Additional Insured or become an Alternate Employer. The Contractor shall obtain and furnish to Trinity Metro certificates of Insurance evidencing subcontractors' workers' compensation insurance coverage. If a subcontractor's certificate of Workers’ compensation insurance expires during the period of performance, Contractor shall obtain a renewal certificate. All certificates of workers' compensation insurance shall be maintained by the Contractor for a period of not less than 1 year. All other insurance certificates for subcontractors shall be furnished to Trinity Metro upon request.

11. No Release - The carrying of the above-described coverage shall in no way be interpreted as relieving the Contractor of any other responsibility or liability under this agreement or any applicable law, statute, regulation or order.

6.8 Interest of Members of Trinity Metro

No member of the governing body of Trinity Metro, other officer, employee or agent of Trinity Metro who exercises any functions or responsibilities in connection with the carrying out of the activities to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract.

6.9 Interest of Other Local Public Officials and State Officials No person who exercises any functions or responsibilities in the review or approval of the carrying out of activities to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. No part of the proceeds shall be paid directly or indirectly to any officer or employee of the State of Texas as wages, compensation or gifts in exchange for acting as officer, agent, employee, subcontractor, or Proposer to Trinity Metro in connection with any work contemplated or performed relative to this Contract.

6.10 Interest of Members, Or Delegates to Congress

In accordance with 18 U.S.C. Section 431, no member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this Contract, or to any benefit arising there from.

6.11 Interest of the Proposer

The Proposer represents, warrants, and covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract.

The Proposer further covenants that no person having such interest shall be employed in the performance of this Contract.

6.12 Authority to Enter Contract

The Proposer has all requisite power and authority to conduct its business and to execute, deliver, and perform services specified in the RFP and any Contract that may be issued.

The Proposer warrants that the individuals who have signed the Proposal have the legal right and authority to bind the Proposer.

6.13 Authorization of Proposal

If the Proposal is made by an individual doing business under an assumed name, the Proposal shall so state. If the Proposal is made by a partnership, the full name and addresses of each member and the address of the partnership shall be given and the Proposal shall be signed by one member thereof. If the Proposal is made by a corporation, it shall be signed in the corporate name by an authorized officer. If the Proposal is made by a joint venture, the full name and address of each member of the joint venture shall be given and the Proposal shall be signed by each venture. Form(s) is included to be filled out and submitted with Proposal.

6.14 Subcontract Approval

Proposer shall include in all subcontracts and supply contracts for services or materials under the Contract a provision making the subcontractor(s) subject to all provisions stipulated in the Contract. The Proposer shall be fully responsible for all services performed and materials supplied by any subcontractor or supplier.

6.15 Cost/Price Analysis

Trinity Metro reserves the right to conduct a cost or price analysis for any purchase or service. Trinity Metro may be required to perform a cost/price analysis when competition is lacking for any purchase. Sole source procurements or procurements which result in a single proposal received, will be subject to a cost/price analysis, which will include the appropriate verification of cost date, the evaluation of specific elements of costs and the projection of the data to determine the effect on proposal prices. Trinity Metro may require a pre-award audit, and potential Proposers shall be prepared to submit data relevant to the proposed work which will allow Trinity Metro to sufficiently determine that the proposed price is fair, reasonable, and in accordance with Federal, State, and local regulations.

Procurements resulting in a single proposal will be treated as a negotiated procurement and Trinity Metro reserves the right to negotiate with the single Proposer to achieve a fair and reasonable price. If both parties cannot agree upon a negotiated price, Trinity Metro reserves the right to reject the single proposal.

All Contract change orders or modifications will be subject to a cost analysis.

6.16 Pricing

The price quoted in any proposal submitted shall include all necessary cost to complete the services in accordance with the specifications. Anything omitted from such specifications, which are clearly necessary, shall be considered a portion of such cost although not directly specified or called for in the specifications. Proposer shall note discounts.

6.17 Prompt Payment

The Proposer agrees to pay each subcontractor for satisfactory performance of its contract no later than 30 days from receipt of each payment the Proposer receives from Trinity Metro. Any delay or postponement of payment from the above reference may occur only for good cause following written approval of Trinity Metro. This clause applies to both DBE and non DBE subcontractors. If the Proposer determines the work to be unsatisfactory, it shall notify Trinity Metro immediately, in writing, and state the reasons. Failure to comply with this requirement would be construed to be a breach of contract and subject to contract termination.

6.18 Additional Services Request

Trinity Metro reserves the right to request services under this RFP that may not be specifically identified within the Scope (“Additional Services”).