1-RFP 26-T003 NT Build Grant - TRE Dbl Track Construction Project.pdf

135645344v.2

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

RFP Release Date: November 6, 2025, 3:00 PM CST

Proposal Submission Deadline: December 18, 2025, 2:00 PM CST

REVIEW THE FULL SCHEDULE OF EVENTS IN SECTION 2

DAVIS BACON TX20250026

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)

NT MOVES BUILD GRANT - TRE DOUBLE TRACKING

CONSTRUCTION PROJECT

RFP #26-T003

RFP 26-T003

NT MOVES BUILD GRANT -

TRE Double Tracking Construction Project

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 Services

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 . 61

F5 – BUSINESS QUESTIONNAIRE

F6 – BUY AMERICA CERTIFICATION

F7 – LIST OF REFERENCES FOR SIMILAR PROJECTS

F8 – AFFIDAVIT OF NON-COLLUSION

F9 – PROHIBITION OF CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL 67

F10 – FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTION

CERTIFICATION

F11 – TRINITY METRO SAFETY, SECURITY AND EMERGENCY REQUIREMENTS

F13 – BID BOND

OFFER AND CONTRACT SIGNATURE FORM

ATTACHMENT A

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 ☐

Buy America Certification F6 YES ☐

List of References for Similar Projects F7 YES ☐

Affidavit of Non-Collusion F8 YES ☐

Prohibition of Contracts with Companies Boycotting Israel

F9 YES ☐

Federal Tax Liability and Recent Felony Convictions Certification

F10 YES ☐

Trinity Metro Safety, Security and Emergency F11 YES ☐

Base Price Proposal F12 YES ☐

Bid Bond F13 YES ☐

Offer and Contract Signature YES ☐

Attachment A YES ☐

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 November 6, 2025 3:00 PM CST

Pre-Proposal Meeting November 12, 2025 10:00 AM CST

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

Proposal Submission Deadline December 18, 2025 2:00 PM CST

Proposal Opening Location: Virtual - Microsoft TEAMS

December 18, 2025 3:00 PM CST

Interviews/Demonstrations from Most Qualified

Proposers (if necessary)(2)

TBD

Trinity Metro Board Meeting to Recommend Contract

Approval (3) January 2026

Contract Executed (4) February 2026

(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 26-T003 NT MOVES BUILD Grant - TRE Double Tracking Construction Project

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 https://www.procuretm.org/procurements https://ridetm.bonfirehub.com/portal/?tab=openOpportunities paragraph(s) and/or specific part(s) of the RFP to which the exception is taken.

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 Non-Mandatory Pre-Proposal Meeting

Respondents are encouraged to 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:

Anthony Brown, Contract Administrator 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 Davis Bacon

For construction projects costing over $2,000; Davis-Bacon Wages Rate apply and Davis Bacon Certified Payroll must be submitted weekly. The current wage determination rates for this project are attached as Exhibit “A”. The recommended fillable Davis Bacon form WH347 for reporting purposes is also attached. Instructions for completing payroll WH347 and the fillable Davis Bacon WH347 payment form maybe found at:

https//www.dol.gov/agencies/whd/forms/wh347

3.14 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.

3.15 Bonds

Proposal bonds/Proposal Guarantee is five percent (5%) of Price Proposal and shall be included with the Proposal package on the required day and time as described in Section 2 Schedule of Events. Performance and Payment bonds shall be submitted upon award of the contract and shall be free and clear of any encumbrances and submitted within ten days of receipt of the contract for signature.

Performance Bond (100%) and Payment Bond (100%) will be required upon contract execution.

Section 4 Evaluation Criteria

Evaluation and Selection Criteria Proposals will be evaluated by a selection committee of individuals from Trinity Metro. Trinity Metro will evaluate the proposals in accordance with the criteria listed below.

At Trinity Metro’s own discretion, Trinity Metro, may negotiate with proposer whose proposal is ranked the most qualified based on the evaluation factors set forth below and/or within the competitive range. Proposals shall be clear, concise and include sufficient detail for effective evaluation.

Please limit your submission to a maximum of fifty (50) pages (not including resumes). A maximum five (5) page Executive Summary may be submitted within the fifty (50) page limitations.

There is a limitation of up to fifty (50) pages of information directly related to the five (5) evaluation criteria elements listed below.

The Executive Summary of the proposal This summary shall include:

Identification and address for the primary team members, including joint-venture partners, if any, major subcontractors;

Summary of relevant business and construction experience;

Corporate and/or joint-venture vision and mission statement;

Phone numbers for primary contact person;

Any other relevant information.

At a minimum, identify subcontractors performing tasks as shown in the Schedule.

Identify remaining portions of the project that will be subcontracted to complete construction.

A letter from the Proposer’s chief executive officer guaranteeing the key personnel named in the staffing plan will be assigned to the project, unless their employment is terminated. If substitutes or "backup" personnel are planned on a contingency basis, such personnel shall be identified in the staffing plan.

The remaining pages of supportive information may include graphs, charts, photos, references etc., and is totally at the Proposer’s discretion. Supportive Information, Cost Schedule Evaluation Criteria, Past Performance Ratings, and Appendices will not be included in the total page count of the solicitation as shown above.

Please address each of the following in your proposal. Max Points

A. PROJECT APPROACH

8 Points: Task Performance: Provide a detailed description of the performance of the tasks described in the scope of work how your team will collaborate with the other contractors throughout the project delivery process in particular, to reduce cost, improve quality, expedite schedule and minimize impact to the existing operations and overall schedule for completion.

6 Points: Quality: Explain what your quality approach will be on this project.

Provide an outline of your proposed Quality Control Program (QCP), tracking and resolution of quality issues. Explain approach on ensuring quality from subcontractors. Quality Control Plan shall be included under separate cover entitled Appendix B. The outline of your proposed QCP shall be for RFP evaluation purposes only, and will serve as the baseline for the project specific Quality Control Program/Plan. The successful Proposer will be required to submit a final project-specific Quality Control Plan for review and incorporation of the Authority’s comments prior to approval. The review of the outline of your program does not represent approval of the final program. The QCP shall define specific processes and procedures for quality control activities for construction. The Quality Control Program (QCP) shall meet the following requirements:

Define an organized approach for quality activities to be performed under the contract.

Delineate the quality organization relationship and include any subcontractors that may support the quality organization. Define internal controls for verification of contract requirements.

Identify adequate resources to meet the conditions of the Contract and assign qualified personnel for these activities.

Quality personnel shall be independent of those having the responsibility for the work being performed. Quality personnel shall perform verification activities including the verification of the adequacy and implementation of the quality control procedures as they relate to construction activities.

Identify the qualifications and experience of the quality personnel responsible for the implementation of the elements in the QCP. Include the job descriptions for the Consultant’s assigned personnel. Identify role and responsibilities of quality personnel.

Describe controls required for the management of quality on the project upon identification of deficient work including, but not limited to, a “Stop Work Order”.

6 Points: Record of Safety - Experience Modification Rating (EMR)

Safety Rating: Proposer will submit their EMR rating from the past 3 years. If an EMR is not provided, proposers will be assigned a 1.00. Proposers submitting as a joint venture will use the average of each company’s 3-year average. The 3 EMR ratings will be averaged, and the points will be awarded based on the following:

Safety Experience Modification Rating

EMR Scoring Criteria Points Awarded

0-.75 4

.76-.99 2

1.00 and Above 0

*Proposers with less than 3 years of safety rating will automatically have an EMR of 1.0

B. SCHEDULE AND COST CONTROL

8 Points: Provide a detailed project schedule that defines your proposed work plan that would result in the best price for the work and deliver the project on schedule as described in the scope of services (Base Price Schedule). This schedule should illustrate the proposed work plan in sufficient detail to understand and track the progress of the work as defined in the scope of services. The schedule should define, at a minimum, the following information for each activity: description, start date, end date, duration, and relationship to other activities. Proposer should include any methodologies and concepts they intend to use to improve the project schedule and mitigate any potential delays.

Within each phase of the work, the schedule should include specific and relevant activities, such as: services defined in the scope of work, activities and work product for each discipline, milestones for deliverables, review by jurisdictional authorities, coordination with other contractors and other third parties.

4 Points: Describe examples of past performance, including what you have done to mitigate cost increases when trend reports indicate the estimated costs at completion will exceed budget.

4 Points: Within budget: Explain how you will approach cost savings opportunities to complete construction within the established budget. Describe your approach to minimize project changes. Describe your approach to determining whether project changes are inside or outside the scope of the fixed price.

4 Points: On-time completion: Describe how you will manage the project to complete construction work on time or ahead of schedule per intermediate and final schedule milestones. Provide a preliminary baseline schedule showing your approach to the project, including proposed phasing (Baseline schedule shall be included under separate cover entitled Appendix A). Describe your firm’s scheduling program, monthly update procedures, use of look ahead schedules, tracking of changes to the critical path, and recovery plan procedures. Address staging, sequencing of work, and resource tracking.

C. PROJECT TEAM

15 Points: Proposed Team: Identify individuals and key personnel who will be responsible for overall project management, project engineers, business manager, safety, quality control, budget control, schedule control, and utility coordination. For those individuals that are not full time, describe how and when they will work on the project. For proposed full time individuals, identify your commitment that these individuals will not be re-assigned to other projects prior to project completion. Describe time commitments of the key personnel listed below:

Officer In Charge: Responsible for the overall performance of the job and liaison with the Owner.

Project Manager: Responsible for all day-to-day activities on the project, the project team, and liaison with the Owner’s representative.

Discipline Leads: Reporting to the Project Manager/Director, responsible for ensuring compliance with the contract documents related to each discipline.

Provide an organization chart to further illustrate the composition of the proposed team, key personnel, other personnel required to perform the services, and reporting structure.

Key personnel will be subject to Trinity Metro approval after award.

Include resumes (in the Proposer’s Appendix 8) for all individuals listed in your organization chart. Clearly identify their proposed role for this project and relevant experience. Resumes should include each individual’s education, work history, length of tenure with the firm, and relevant experience with similar projects.

D. PRICE PROPOSAL EVALUATION CRITERIA

Trinity Metro will compare the Price Proposal to the Technical portion of the proposal to see if there are any inconsistencies between the Technical Proposal and the Price Proposal. Once the price proposal is deemed responsible, the points are allocated as set forth below:

The lowest price proposal will be assigned a score of 45. Other remaining scores will be arrived by the following calculation:

The overall score will be arrived at by adding the scores for the technical and price proposals.

Total Points – Total Pages (not including resumes, references, and forms) 100

Section 5 Scope of Services

1. INTRODUCTION/BACKGROUND

Trinity Metro (Authority) is soliciting proposals from qualified contractors to provide construction of the North Texas Mulitmoda Operations, Velocity, Efficiency, and Safety Program (NT MOVES) Grant - Trinity Railway Express (TRE) Double Tracking Construction Project in Tarrant County, Texas.

The scope of work will consist of construction and related services as described in this Request for Proposals (RFP).

The proposed TRE double tracking consists of 2.4-miles double tracking of the existing commuter rail system from approximately Handley Ederville Road (MP 618.53) to Precinct Line Road (MP 620.65) located within Tarrant County. This project will also include bridge rehabilitation and new bridge construction at 5 locations. All construction will occur adjacent to TRE active track within the existing TRE right-of-way. Construction will need to be phased so that all construction can be accomplished with no impacts to current TRE operations (Phasing plans have been shown in the plans). Construction duration is anticipated for 18 months.

All Track work and signal/systems construction are excluded from this contract.

Contractor is will need to coordinate with the Track and Signal contractors and will be responsible for placing of sub ballast and turnover to track contractor.

2. DESCRIPTION / SCOPE OF WORK FOR DOUBLE TRACK CONSTRUCTION

Construction shall include but not limited to:

2.1 Demolition/Removals:

a. Richland Hills Station Platform as shown on plans

b. Railroad Bridges as shown on plans

c. Track and Signal Demo/Removals – by others

2.2 Civil Construction

(a) SW3P and Site preparation

(b) subgrade preparation, track bed construction, track grading up to and including sub ballast

(c) ditch grading, track underdrains

(d) bridge construction

(e) retaining wall construction

(f) concrete slope protection

(g) storm drain, culvert & culvert extension installations

(h) signage installs

3. SCHEDULE

The Contractor shall complete work according to the schedule. The overall duration is Approximately 18 Months from Notice to Proceed.

The intent of the schedule requirement (referenced as Section 5 SP 003) is that the Contractor will submit a baseline schedule for completing all portions of the work. This baseline schedule will be subject to Trinity Metro (TM) approval and will be used to monitor progress and process payments.

4. SPECIAL REQUIREMENTS

a. Construction Permits The Contractor shall be responsible for obtaining and the cost of construction permits.

b. Railroad Right of Entry Contractor agrees to enter into a Right of Entry Agreements with Dallas Area Rapid Transit (‘DART”) that permit Contractor to enter railroad’s properties and that require Contractor to indemnify, defend, and hold harmless DART, its officers, agents, and employees from all claims for bodily injury or death to all persons including employees or representatives of DART for loss and damage to property belonging to any person, arising in any manner in relation to Contractor’s or its Subcontractors’, and Suppliers’ activities arising out of or connected with the right of entry agreement. For assistance with the Right of Entry Agreement, Contractors shall contact: Matthew Lannon, Senior Right of Way Manager, (214)-749-2917 or Tonya Ukeh, Senior Right of Way Representative, (214)-749-3030. Email: Mlannon@dart.org and TUkeh@dart.org, Address:

Dallas Area Rapid Transit, 1401 Pacific Avenue, Dallas, Texas, 75201.

c. Roadway Worker Protection / On Track Safety Training All Contractor’s and sub-contractors’ personnel working on railroad right-of-way are required to attend Annual Roadway Worker Protection/On Track Safety Training conducted by the railroads.

The Contractor’s employees are required to attend this training. The estimated cost for the training is $361.32 for FY26 and $372.16 for FY27 per class attended by the Contractor’s employees. The course is offered locally through Herzog Transit Services, Inc., who is a service contractor to Trinity Metro. Contractor to provide location and space for training.

d. Flagging Depending on the location of the work, flagging may be required. The cost for flagging services will be carried by Trinity Metro as a contract allowance item. If flaggers are required, the Contractor shall coordinate with the TRE and Trinity Metro to arrange and pay for the flaggers.

Qualified railroad flaggers are available through Herzog Transit Services, Inc. (HTSI).

e. Coordination The location of the work may also require coordination of work with Herzog Transit Services, Inc., (HTSI) who is the operator of the TRE for operations and maintenance for TRE. Mandatory coordination meetings will be established with both the Civil Contractor and the Signal Contractors. These meetings are currently anticipated to be held bi-weekly but may be ramped up to more frequent meetings if project needs or issues arise.

The contacts at HSTI are Mr. Kent Kaser: kkaser@htsi.com, 972-339-3438 and Mr. Butch Koch:

bkoch@herzog.com - 972-322-0034.

mailto:Mlannon@dart.org%20and%20TUkeh@dart.org, Section 6 Special Provisions

6.1 Contract Award

This will be a Fixed-Price Contract. The contract period will be for eighteen (18) months.

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 Evaluation Committee that the proposal is firm and final.

mailto:accountspayable@ridetm.org

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

During the term of the Contract, Contractor shall maintain all insurance required by the

Contract Documents. Policies shall be purchased only from insurance companies that are acceptable to TRINITY METRO, are authorized to do insurance business in Texas, and have a resident agent in Texas. Contractor shall indemnify and defend TRINITY METRO for any liability or damages that TRINITY METRO may incur due to Contractor's failure to purchase or maintain any required insurance.

Without limiting the generality of the foregoing, Contractor, at its own expense, shall procure and maintain during the entire period of its pertormance under the Contract, for both "on-site" and "offsite" risks, the following minimum insurance:

Until Final Acceptance ofthe Work (as defined in Section 6, below), Contractor and its Subcontractors, at their own expense, must provide and maintain the insurance coverages and policy limits set forth below. All insurance procured by the Contractor and its Subcontractors must be in a policy form and from insurance companies reasonably acceptable to TRINITY METRO.

I. Automobile Liability Insurance Commercial Automobile Liability insurance is required which covers the use of all owned, non-owned, and hired vehicles that are used in connection with the Project with limits and terms of the following:

a. $1,000,000 Bodily Injury Per Person

b. $1,000,000 Bodily Injury — Per Accident

c. $1,000,000 Property Damage — Per Accident or

d. $1,000,000 Combined Single Limit; and

e. MCS-90 endorsement required for transporting hazardous materials or waste

f. Endorsement removing exclusions for operations within 25 feet of a railroad Coverage applies to both on-site and off-site activities.

Il. Worker's Compensation Insurance Worker's Compensation Insurance is required with statutory limits with All States endorsement and Employer Liability Limits and terms of the following:

a. $1,000,000 Bodily Injury with Accident — Each Accident

b. $1,000,000 Bodily Injury by Disease — Policy Limit

c. $1,000,000 Bodily Injury by Disease — Each Employee

d. Applies to both on-site and off-site activities lll. Commercial General Liability Insurance Commercial General Liability Insurance is required with limits and terms as follows:

a. Combined Bodily Injury and Property Damage Limit of $10,000,000 per occurrence, $10,000,000, General Aggregate, $10,000,000 Products and

Completed Operations, including the following terms, conditions and endorsements:

i. Occurrence Basis

ii. No Exclusions for Demolition Work

iii. Contractual Liability endorsement

iv. Products/Completed Operations to remain in place 5 years after project completion

v. Additional insured endorsements for ongoing and completed operations

vi. Broad Form Proper Damage;

vii. No exclusion for Independent Contractors.

viii. Primary and Non-Contributory Endorsement

ix. Endorsement removing exclusions from contractual liability coverage for operations within 25 feet of a railroad

IV. Railroad Protective Liability written on standard ISO form CG 0035 with Trinity

Metro and Herzog Transit Services as the named insured in the amount of $2 million per occurrence $6 million aggregate.

V. Builder Risk Insurance covering all risks of direct physical loss, in an amount of insurance equal at all times to the replacement value of materials delivered and labor performed. The policy shall be insured jointly in the names of the Contractor and Trinity Metro.

a. TRINITY METRO and its directors, officers, representatives, agents, employees, Consultants, Dallas Area Rapid Transit, Herzog Transit Services, Inc., Herzog Technologies Inc., BNSF Railway Company, and National Railroad Passenger Corporation ("Amtrak"), Dallas, Garland and

Northeastern Railroad and Union Pacific shall be endorsed as additional insureds.

b. Coverage applies to off-site activities

VI. Contractor's Equipment

Contractor and Subcontractors of any tier shall insure or self-insure risk of loss or damage to equipment, tools, or personal effects, owned, rented, leased or borrowed to or in the care, custody or control of Contractor, Subcontractor(s) of any tier, or any person(s) furnishing labor or Materials.