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Form 33.207 (01/06) Page 1 of 1 DALLAS AREA RAPID TRANSIT DALLAS, TEXAS AMENDMENT OF SOLICITATION 1. SOLICITATION NO.: B-1020803 2. AMENDMENT NO.: 3 3. EFFECTIVE DATE: August 5, 2011 4. BRIEF SOLICITATION DESCRIPTION: Deck Cracking Repair for TRE Grade Separation Bridge 5. REVISED OFFER SUBMISSION DUE DATE AND TIME: (Note : Unless identified below, this solicitation amendment does not change the Offer Submission Date and Time.) The date and/or time specified for receipt of offers is changed as follows: DATE: TIME: 6. REVISED PRE-BID/PROPOSAL CONFERENCE: (Note : Unless identified below, this solicitation amendment does not change the Pre-Bid/Proposal Conference, if a conference is scheduled.) The scheduled pre-bid/proposal conference: DATE: TIME: LOCATION: 7. AMENDMENT OF SOLICITATION: The Solicitation identified in Block 1, above, is hereby amended as described in Block 11, below. Except as provided herein, all other provisions of the solicitation, or as heretofore amended, remain unchanged and in full force and effect. 8. REQUIREMENT TO ACKNOWLEDGE AMENDMENT: Offerors must acknowledge receipt of this amendment prior to the deadline specified in the solicitation for receipt of offers by one of the following methods: a. By signing this amendment in Block 9, below, and returning one signed copy; b. By acknowledging receipt of this amendment on the Solicitation, Offer and Award form; or, c. By separate letter or telegram that includes a reference to this solicitation and amendment number. WARNING: Failure of an Offeror to acknowledge receipt of this Amendment, as described herein, may result in REJECTION OF THE OFFER. NOTE: For Invitations for Bids the terms "Offer" and Offeror" shall mean "Bid" and "Bidder", respectively; and for Requests for Proposals the terms "Bid" and "Bidder" shall mean "Offer" and "Offeror", respectively, in this solicitation and any associated exhibits. 9. OFFEROR'S ACKNOWLEDGEMENT OF AMENDMENT: Name & Title: ____________________________________ Signed Acknowledgment: ____________________________ (Print/Type) Offeror:__________________________________________ Date Acknowledged: _____/_____/_____ 10. FOR FURTHER INFORMATION CALL: Name: Cedric D. Seay, Contracts Specialist Telephone No.: (214) 749-2807 11. DESCRIPTION OF AMENDMENT: 1. List of Firms that Requested the Specifications 2. Attendees List from the Pre-Bid Conference 3. PowerPoint Presentation from the Pre-Bid Conference 4. Revised Exhibit D 5. Revised Exhibit J (Drawings) 6. Responses to Exhibit O, Solicitation Question Submission Form

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Form 33.207 (01/06) Page 1 of 1

DALLAS AREA RAPID TRANSIT DALLAS, TEXAS

AMENDMENT OF SOLICITATION 1. SOLICITATION NO.:

B-1020803

2. AMENDMENT NO.:

3

3. EFFECTIVE DATE:

August 5, 2011

4. BRIEF SOLICITATION DESCRIPTION: Deck Cracking Repair for TRE Grade Separation Bridge

5. REVISED OFFER SUBMISSION DUE DATE AND TIME: (Note: Unless identified below, this solicitation amendment does not change the Offer Submission Date and Time.) The date and/or time specified for receipt of offers is changed as follows: DATE:

TIME: 6. REVISED PRE-BID/PROPOSAL CONFERENCE: (Note: Unless identified below, this solicitation amendment does not change the Pre-Bid/Proposal Conference, if a conference is scheduled.) The scheduled pre-bid/proposal conference: DATE: TIME: LOCATION: 7. AMENDMENT OF SOLICITATION:

The Solicitation identified in Block 1, above, is hereby amended as described in Block 11, below. Except as provided herein, all other provisions of the solicitation, or as heretofore amended, remain unchanged and in full force and effect.

8. REQUIREMENT TO ACKNOWLEDGE AMENDMENT: Offerors must acknowledge receipt of this amendment prior to the deadline specified in the solicitation for receipt of offers by one of the following methods: a. By signing this amendment in Block 9, below, and returning one signed copy; b. By acknowledging receipt of this amendment on the Solicitation, Offer and Award form; or, c. By separate letter or telegram that includes a reference to this solicitation and amendment number.

WARNING: Failure of an Offeror to acknowledge receipt of this Amendment, as described herein, may result in REJECTION OF THE OFFER. NOTE: For Invitations for Bids the terms "Offer" and Offeror" shall mean "Bid" and "Bidder", respectively; and for Requests for Proposals the terms "Bid" and "Bidder" shall mean "Offer" and "Offeror", respectively, in this solicitation and any associated exhibits.

9. OFFEROR'S ACKNOWLEDGEMENT OF AMENDMENT: Name & Title: ____________________________________ Signed Acknowledgment: ____________________________ (Print/Type) Offeror:__________________________________________ Date Acknowledged: _____/_____/_____ 10. FOR FURTHER INFORMATION CALL: Name: Cedric D. Seay, Contracts Specialist Telephone No.: (214) 749-2807

11. DESCRIPTION OF AMENDMENT:

1. List of Firms that Requested the Specifications 2. Attendees List from the Pre-Bid Conference 3. PowerPoint Presentation from the Pre-Bid Conference 4. Revised Exhibit D 5. Revised Exhibit J (Drawings) 6. Responses to Exhibit O, Solicitation Question Submission Form

Page 1 of 1

B-1020803: Deck Cracking Repair for TRE Grade Separation Bridge Amendment No. 3

Changes

Item, Specification or Drawing

From Page

To Page Descriptive Changes

Exhibit D 2 2 The date was changed from “September 15, 2011” to “August 25, 2011” within the provision entitled “Contract Award”. Remove page 2 and replace with “Amendment 3, Exhibit D page 2”.

Exhibit D 3 3 Language was added as subparagraph (a)(5) for the provision entitled “Construction Planning”. Remove page 3 and replace with “Amendment 3, Exhibit D page 3”.

Exhibit D 3 3 Language was added as subparagraph (f) for the provision entitled “Construction Planning”. Remove page 3 and replace with “Amendment 3, Exhibit D page 3”..

Exhibit D 3 3 Language was added as subparagraphs (g)(1) and (g)(2) for the provision entitled “Construction Planning”. Remove page 3 and replace with “Amendment 3, Exhibit D page 3”.

Exhibit D 3 3 Language (3rd sentence) has been added within the provision entitled “Contractor Staging Areas”. Remove page 3 and replace with “Amendment 3, Exhibit D page 3”.

Exhibit J - Drawings Sheet 7a Sheet 7a This sheet is provided as “for information only” in supplement to Sheet 7. Add “Amendment 3, Exhibit J – Drawings, Sheet 7a”.

Exhibit J - Drawings Sheet 9a Sheet 9a This sheet is provided as “for information only” in supplement to Note 3 of Sheet 9. Add “Amendment 3, Exhibit J – Drawings, Sheet 9a”.

Exhibit J - Drawings Sheet 9b Sheet 9b This sheet is provided as “for information only” in supplement to Note 3 of Sheet 9. Add “Amendment 3, Exhibit J – Drawings, Sheet 9b”.

CONTACT NAME COMPANY NAMEPRIME BIDDER OR 

SUB? MBE, WBE, DBE??? CONTACT # EMAIL

1 PAM DAVIS GIBSON & ASSOCIATES PRIME 972.557.1199 [email protected]

2 TREY MEADOR GIBSON & ASSOCIATES PRIME 972.557.1199 [email protected]

3 CATHY GALINA RAM CONSTRUCTION SERVICES OF MICHIGAN 734.437.6282 [email protected]

4 HAROLD HALL BELZONA PRIME 877.432.6730 [email protected]

5 MICKEY WHALEN SOUTHWEST CONSTRUCTION SERVICES PRIME 214.879.9948 mwhalen@sw‐construction.com

B‐1020803: Deck Cracking Repair for TRE Grade Separation Bridge

LIST of FIRMS that REQUESTED the SPECIFICATIONS

DALLAS AREA RAPID TRANSIT

as of 8/4/2011

5 MICKEY WHALEN SOUTHWEST CONSTRUCTION SERVICES PRIME 214.879.9948 mwhalen@sw construction.com

6 VIOLET LEE iSqFt and AGC/TEXO plan room PLAN ROOM 800.364.2059  x8304 [email protected]

7 WALT JOHNSTON BRAZOS RESTRORATION & WATERPROOFING PRIME 972.935.1177 [email protected]

8 JOHN DURANT/BRISA BUENO JOHN DURANT'S CONSTRUCTION SERVICES 214.710.4468 [email protected]

9 BREA PLUM CONSTRUCTION DATA COMPANY PLAN ROOM 800.872.7878 x2445 [email protected]

10 BRETT BAKER TEXAS CONCRETE RESTORATION, INC. PRIME 972.291.8254 [email protected]

11 PETE HAVERON TEXAS CONCRETE RESTORATION, INC. PRIME [email protected]

12 CHRISTIAN HALL ALPHA INSULATION AND WATERPROOFING 972.446.2600 [email protected]

13 TELISSA TOWNSEND VENDIGM COMPANIES PRIME 817.496.5220  [email protected]

14 JOHN BONE SR. VENDIGM COMPANIES PRIME 817.496.5220  [email protected]

CONTACT NAME COMPANY NAMEPRIME BIDDER

OR INDICATE TRADE?MBE, WBE, OR DBE??? CONTACT # EMAIL

1 WALTER JOHNSON BRAZOS RESTORATION & WATERPROOFING PRIME 972.935.1177 [email protected]

2 MICKEY WHALEN SOUTHWEST CONSTRUCTION SERVICES PRIME 214.879.9948 mwhalen@sw‐construction.com

3 JOHN BONE VENDIGM COMPANIES PRIME 817.718.1095 [email protected]

4 JOHN BONE SR. VENDIGM COMPANIES PRIME 817.929.3508 [email protected]

5 STEVEN HALLMAN VENDIGM COMPANIES PRIME 214.546.1755 [email protected]

6 HAROLD HALL BELZONA PRIME 972.365.2656 [email protected]

7 RANDLE HOWARD R.D. HOWARD CONSTRUCTION PRIME MBE, DBE, HUB 817.921.1401 [email protected]

B‐1020803: Deck Cracking Repair for TRE Grade Separation Bridge

PRE‐BID CONFERENCE   AUGUST 3, 2011

DALLAS AREA RAPID TRANSIT

ATTENDEES LIST

8 TREY MEADOR GIBSON & ASSOCIATES PRIME 972.557.1199 [email protected]

9 BRETT BAKER TEXAS CONCRETE RESTORATION, INC. PRIME 972.291.8254 [email protected]

10 CEDRIC D. SEAY DALLAS AREA RAPID TRANSIT 214.749.2807 [email protected]

11 GERARD GRIGSBY DALLAS AREA RAPID TRANSIT

12 JEFF HAYNES DALLAS AREA RAPID TRANSIT

13 JOHN GAULT DALLAS AREA RAPID TRANSIT

14 JORGE ESPINOSA DALLAS AREA RAPID TRANSIT 214.749.2978 [email protected]

15 NERY ARMBRUSTER DALLAS AREA RAPID TRANSIT

16 PATRICK POWERS DALLAS AREA RAPID TRANSIT

17 ALI RABIEE DALLAS AREA RAPID TRANSIT

18 WILLIAM STINSON DALLAS AREA RAPID TRANSIT

19 JOHN HORNEY TRINITY RAILWAY EXPRESS

Solicitation Number B-1020803August 3, 2011

Welcome to the Pre-Bid

Conference for the Deck

Cracking Repair for the TRE

Grade Separation Bridge

Pre-Bid Conference Agenda

• Purpose and Instructions - William Stinson, COR

• Project Overview

• Safety - John Gault, Construction Safety Manager

• Risk Management - Nery Armbruster, Risk Management Analyst

• Environmental Compliance - Jeff Haynes, Environ. Compl. Project Manager

• DEO (Goals) - Gerard Grigsby, Economic Opportunity Specialist

• Quality Control - Patrick Powers, Manager of Quality Assurance

• Review of Solicitation Documents - Cedric Seay / Jorge Espinosa, Contract

Specialists

• Questions

Purpose

• To clarify contractual and technical requirements and

identify potential problems concerning this solicitation.

Instructions

• Please sign the attendance sheet.

• If you need a copy of a solicitation package, you must

register as a DART vendor in the Vendor business

Center. If you do not register, you will not receive critical

future information such as amendments.

• Questions, answers, statements made during the conference shall not change or modify the solicitation unless they are issued as a written amendment to the solicitation.

Instructions (continued)

• We will try to answer all questions, however questions

that need more research may be answered in a future

amendment to this solicitation.

• Please use Exhibit O to submit questions and reference

the exhibit/paragraph/page.

Project Overview

• TRE Belt Line Grade Separation Bridge.

• 8,236-foot long double track bridge.

• Active TRE and freight railroad service over bridge.

• Work includes (but not limited to):

• Application of specified sealant materials to the deck, haunch, walkway and parapet areas for the purpose of sealing cracks.

• Remove efflorescence from concrete.• Stain concrete.• Remove ballast retainer.

• Access is currently limited to only the east end of the bridge.

• Complete coordinated work on bridge to facilitate operations of both tracks.

• First Milestone no later than October 30, 2011 to allow for track installation on Main 1 by track contractor.

approx. 53 weekday TRE trainsapprox. 23 Saturday TRE trains

no Sunday service

approx. 25 – 40 daily freight moves

Bridge Components

Haunch Ballast Retainer

Walkway

Parapet

Northside – Main 1

Southside – Main 2

Bridge Components

Main 1Main 2

Ballast Retainer

Exterior of Bridge

Exterior of Bridge

Exterior of Bridge

Safety1) Drug Testing: 5-Panel (Non-DOT, Urinalysis) required within 10 business days before accessing TRE property. Provide DART Name of Individual, Date Tested, Laboratory tested at, and Specimen ID Number.

2) Roadway Worker Protection (RWP): Must be trained before starting project. Or have completed RWP training within last year.

3) TRE "Flagger" must be on-site and give "Job Briefing" before beginning work..each day

4) PPE: Hard Hat, Steeled Toed Boots, Orange Safety Vest, Safety Glasses,

5) Project Safety "Submittals", (See Exhibit M, Section 2,2 ,Work Preparation)

6) Project Designated "Safety Supervisor": Need Résumé to verify qualifications

Risk Management - Contract Insurance

Requirements General Liability - $1MM per occurrence, $2MM aggregate. DART,

The T, Railroads and Herzog Transit need to be listed as additional insureds.

Automobile Liability - $1MM per occurrence. DART and other entities need to be listed as additional insureds.

Workers Compensation - Statutory benefits and $500K Employers Liability. Employer Indemnity type policies will NOT be accepted. Required from Prime & Subcontractors working on site. Waiver of subrogation in favor of DART and other entities.

Umbrella Liability - $4MM per occurrence.

Railroad Protective - $2MM/$6MM

Copies of endorsements are required. Certificate alone is not sufficient.

Only the successful offeror will be required to submit evidence of insurance.

Environmental Compliance

• Specification 01560 Environmental Protection and Specification

01561 Soil Erosion and Sediment Control.

• Submit a Environmental Compliance Manager that meets the

requirements of Specification 01561.

• The Environmental Compliance Manager (ECM) can have other

duties.

• No use of asbestos containing products in accordance with 25 TAC

Part 1 Chapter 295.34 (i)

Project Goals

• Goals for this solicitation are 16% MBE and 8% WBE as

shown in Exhibit C.

Quality Program Requirements

• Specification for this project is 01451 Quality Control for Small

Projects

• Quality Control Plan Define and document in writing how you plan to communicate,

implement and control the work of your organization as well as

your subcontractors and suppliers, including procedures for

correcting and controlling nonconforming work

Quality Program Requirements

• Contractors Quality Control Representative (CQCR) 4 yrs verifiable construction experience in the type of

construction prevalent for the contract

Experience shall include two years managing a quality

assurance/ quality control program similar to this project.

• Alternate (CQCR) 3 yrs verifiable construction experience in the type of

construction prevalent for the contract

• Contractor’s Testing Facilities ASTM E 329 or AASHTO R-18

Review of the Solicitation Documents

• Solicitation, Offer, and Award Form

This form must be returned with your bid.

• Schedule

Schedule needs to be signed, dated and returned with bid.

• Exhibit A – Representations and Certifications

Exhibit needs to be completed in full and returned with your bid.

• Exhibit B – Special Solicitation, Instructions and Conditions

Ensure that bids are submitted in sealed envelopes cartons, clearly marked.

Review of Solicitation Documents

(continued)

• Exhibit C – Solicitation, Instructions and Condition

*Goals for this project can be found in this exhibit.

• Exhibit D – Special Provisions*Complete Main 1 (North side) no later than October 30, 2011.

*Access to Main 2 (South side) no later than February 1, 2012.

*Complete construction no later than March 30, 2012.

• Exhibit F – General Provisions

*Standard requirements for all construction, alteration and repair contracts.

• Exhibit G – MBE/WBE Program

Review of Solicitation Documents

(continued)

• Exhibit I - Specifications

Are available e-mailing Cedric Seay at [email protected].

• Exhibit J – Drawings

Are available e-mailing Cedric Seay at [email protected].

• Exhibit L – Pre-Award Survey DocumentsNeeds to be returned with your bid, this questionnaire will be used to verify

responsibility with financial bank and business references submitted.

• Exhibit M – Safety Program

Safety Programs can be found in Exhibit M. This program requires drug

testing of all employees.

Review of Solicitation Documents

(continued)• Exhibit O – Pre-Bid Question Form

Needs to be submitted when requesting clarifications.

• Exhibit P – Bid Bond

Needs to be submitted with your bid.

• Exhibit Q – Payment Bond

Will be requested after Notice of Award

• Exhibit R – Performance Bond

Will be requested after Notice of Award

Review of Solicitation Documents

(continuted)

• Exhibit V – Prospective Contractor Employee Information ReportNeeds to be returned with your bid.

• Wage Rates

This is not a federally funded project therefore, Department of Labor Wage

Rates do not apply to this solicitation.

• Invoicing and Payment Format

Exhibit to be addressed with contractor after award.

Bid Submission

• There will be a public bid opening on the due date.

• Bids are due on August 11, 2011 at 2:00 PM

Questions?

Thank you for participating in today’s Pre-Bid Conference!

Solicitation No. B-1020803

33.D p. 2 of 10 Amendment #3

notice to and consent by the Contracting Officer. The Contractor shall, if requested by the Authority, remove or reassign any personnel not acceptable to the Authority The Contractor shall designate a primary and an alternate contact for notification of emergency work. The Contracting Officer shall furnish appropriate phone numbers for contacting these individual 24 hours a day via beepers, answering service or other approved means

(b) Authority Representatives

The Authority's Contracting Officer shall appoint, in writing, a Contracting Officer's Representative (COR). This person shall handle all matters of a technical nature arising under the performance of the work.

4. Contract Award Contract Award is anticipated on or around August 25, 2011. 5. Contract Milestones (a) The Contractor shall not proceed with any work required under this contract without a written Notice to Proceed (NTP) from the Authority. Any work performed or expense incurred by the Contractor prior to the Contractor's receipt of NTP shall be entirely at the Contractor's risk. The Contractor shall commence performance of the work under this contract within five (5) calendar days from the date the Contractor receives NTP. The Contractor shall prosecute the work diligently so as to meet the following milestones:

(1) Completion Main 1 (North Side): Complete all work on Main 1 (North Side), not including exterior of structure or removal of ballast retainer. Work to complete includes but is not limited to all work related to Main 1 deck, haunch, walkway, and parapet wall, to allow full and unobstructed access to follow-on track contractor, no later than October 30, 2011.

(2) Construction Completion Access for Main 2 will be granted after Authority’s track contractor completes all work on Main 1 and rail traffic is shifted from Main 2 to Main 1. Access shall be granted no later than February 1, 2012. Complete all construction work required under this contract no later than March 30, 2012.

(b) Not withstanding any other provisions in this contract, the Contractor shall reach a point of Final Acceptance as provided for in the General Provisions entitled "Final Acceptance" no later than June 1, 2012. (c) The Contractor shall not be entitled to compensation for delay unless and only to the extent it is delayed by the Authority in completing beyond the contract completion date. (d) If the Contractor submits a schedule showing a completion of any or all milestones before the scheduled dates, the Authority shall have the unilateral right to modify the contract changing the milestone dates in accordance with the schedule submitted by the Contractor with no equitable adjustment being made. 6. Construction Planning Construction shall be planned and carried out in accordance with the following information: (a) Site Access

(1) Contractor shall not have access to any location where there is active rail traffic.

(2) Contractor access to Main 1 shall be granted upon Notice to Proceed and such access shall

terminate upon completion of Main 1. Contractor shall be granted access to Main 2 by written notification from the Authority after rail traffic has been shifted to Main 1.

(3) Contractor shall not have access to Main 1 while Authority track contractor is performing work on Main 1. Authority track work is anticipated to take up to 60 days to perform.

Solicitation No. B-1020803

33.D p. 3 of 10 Amendment #3

(4) Contractor shall request access from the Authority prior to removal of ballast retainer. Ballast retainer may not be removed until all track work is complete.

(5) The Authority will allow the Contractor to install temporary access to the west end of the bridge that is acceptable to the TRE. The access cannot encroach upon adjacent property not owned by the Authority and cannot interfere with train traffic within the corridor. The Contractor is responsible for all aspects of the access including cost.

(b) Work required on outside of bridge shall not be performed until after completion of the sealing processes on the corresponding inside areas of bridge.

(c) Availability of Authority-furnished Property for Contractor Installation: There is no Authority-furnished Property for this contract.

(d) The Contractor shall stay within the identified construction limits, and shall neither disturb nor alter the designated adjacent property outside the limits of construction. (e) The Contractor shall adhere to the following work hours:

Work hours shall be per the requirements of the specifications, Division 1 "General Requirements" and the City of Irving ordinances unless otherwise extended hours are requested by Contractor and pre-approved and pre-authorized by City of Irving and the Authority. However, notwithstanding the applicable ordinances, any Saturday work adjacent to residential areas shall not start until 9:00 a.m.

(f) The Contractor is advised that in reference to the statement made on Drawing Plan Sheet 7 of 9, Note #2, which reads in part, "...0.3 miles down the ROW...", this 0.3 miles (to the delivery site for the ballast retainer) is over an unpaved, unimproved dirt vehicle path along the north side of the TRE ROW. (g) Submittals

(1)To assist the Contractor with submittals, the Authority has examples of Quality Control and Safety plans that can be made available to the Contractor. The Authority will provide reasonable guidance to the Contractor in preparing such submittals. While the minimum review time allotted for the Authority to review and disposition submittals is 21 days, the Authority will make every reasonable effort to expedite submittal review and disposition within 5 to 10 business days from their receipt.

(2) Submittals are not required for materials that are pre-approved by TxDOT; however, evidence of TxDOT pre-

approval is required prior to beginning work with that product. Pre-approval of products does not relieve the contractor from meeting the requirements of the approved plans and specifications.

7. Contractor Staging Areas The Contractor may use a portion of the DART facility described as western half of the West Irving Station Parking Lot as a staging area for staging and storage area(s). The Contractor will be responsible for all security and maintenance of the staging and storage area(s). The staging area adjacent to the ROW on Drawing Sheet 2 is the property of the City of Irving, and the Contractor is responsible for any & all required negotiations and payments to the City of Irving prior to its use."

8. Coordination With Other Contracts (a) In accordance with the General Provision, entitled "Other Contracts," the Contractor should expect, at a minimum, to interface with the following contractors, agencies and property owners:

(1) TRE's Operation and Maintenance workers and contractors; (2) Authority track contractor completing ballast and rail installation on Main 1; (3) Private utility contractors; (4) Franchise Utility Companies and their contractors; (5) City of Irving; (6) Authority representatives and inspectors.

(b) It is the express obligation and duty of the Contractor under this contract to coordinate its work with the work of other contractors and entities. The Contractor shall not unreasonably impede, hinder or delay the Authority or any other contractor in performance of their work. It is the Contractor's duty under this contract to communicate with any contractor who will be performing work which may connect, complement or interfere with the Contractor's work, and to resolve any disputes or coordination problems with such contractor or entity. 9. Work Adjacent to Active Railroads (D-400.30C, FEB 02) (a) Compliance with Laws and Regulations.

The Contractor shall abide by governing railroad rules, regulations, policies and operating procedures established by the Trinity Railway Express (TRE) and other applicable railroad regulating bodies, including but not limited to the Federal Railroad Administration, Code of Federal Regulations (i.e. 49 CFR 214, Roadway Worker Protection On-Track Safety Program - Exhibit V) and DART Construction Safety Program - Exhibit M. If any failure by the Contractor to comply with any such laws, regulations, and enactments shall result in any fine, penalty, cost or charge being assessed, imposed or levied against the railroad, the Contractor shall reimburse and indemnify the railroad for such fine, penalty, cost or charge, including without limitation attorney's fees, court costs and expenses. The Contractor shall, in the event of any such actions and upon notice thereof being provided by the railroad, defend such action free of cost, charge, or expense to the railroad.

(b) Notification. The Contractor shall provide written notice to the TRE representative (Mr. John Horney, Chief Engineering Officer, Trinity Railway Express, Commuter 214-749-5810) at least fourteen (14) days in advance of commencing any work in which any person or equipment will be within twenty-five (25)

Deck Cracking Repair for TRE GradeSeparation Bridge

EXHIBIT OQUESTIONS/CLARIFICATIONS

AND RESPONSES

AMENDMENT NO. 3B-1020803

NO. SOLICITATION REFERENCE COMMENTS / QUESTIONS RESPONSE1 General Are the MBE/WBE percentages for the solicitation a

requirement?Refer to subparagraphs (c) and (d) of the provision "Minority and Woman-Owned Business Enterprise (M/WBE) Participation" within Exhibit C. This language makes it clear that these percentages are a requirement, and that it "…is considered by the Authority a matter of the offeror's responsibility" and "DART will only award contracts to offerors deemed to be responsible".

2 Schedule [Bid Schedule], Item 1D Are offerors required to bid the option "Remove Ballast Retainer" listed on the Schedule [Bid Schedule]?

Refer to subparagraph (c) of the provision "Preparation of Bids" within Exhibit C which states that "All blanks on the bid form shall be filled in…". Also, refer to subparagraph (g) of the provision "Estimated Quantities, Evaluation and Basis of Award" which states that "... option pricing will be included in the evaluation for award purposes".

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