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Form 33.201 (01/11) Page 1 of 2 DALLAS AREA RAPID TRANSIT SOLICITATION, OFFER AND AWARD FORM SOLICITATION INFORMATION Request for Proposals (RFP) 1. SOLICITATION NO.: P-1022206 4. BRIEF DESCRIPTION: 2. ISSUE DATE: September 27, 2012 Property Management Services for DART’s Headquarters, Police Department and Northeast Substation Buildings. 3. FOR INFORMATION CONTACT: (No collect calls) NAME: Jaime Ayala TELEPHONE: 214-749-2652 FAX: 214-749-3666 E-MAIL: [email protected] 5. PRE-BID/PROPOSAL CONFERENCE: **** There WILL be a conference. **** (If a conference is scheduled, see the applicable clause in Exhibit C for more information.) LOCATION: DALLAS AREA RAPID TRANSIT 1401 Pacific Ave., Room 3F Dallas, Texas 75202-7235 DATE: October 16, 2012 TIME: 9:00 a.m., Local Dallas 6. SUBMIT OFFER TO: 7. OFFER SUBMISSION DUE DATE AND TIME: Mailing Address DALLAS AREA RAPID TRANSIT P.O. Box 660163 Dallas, Texas 75266 Solicitation # P-1022206 Hand/Commercial Courier Delivery DALLAS AREA RAPID TRANSIT 1401 Pacific Ave. Room 1523 Dallas, Texas 75202 Solicitation # P-1022206 DATE: October 30, 2012 TIME: 2:00 p.m., Local Dallas 8. SUBMIT WITH OFFER: Original offer and three (3) photocopies including exhibits and attachments so indicated on Page 2 of this form. 9. Offers submitted in response to an RFP will NOT be publicly opened. 10. FIRM OFFER PERIOD: Offers submitted shall remain firm for a period of 150 calendar days from the date specified in Block 7. 11. This solicitation and any resulting contract, respectively, consist of this DART Form 33.201 and the exhibits and documents designated with a symbol on Page 2 of this form. NOTE: For Invitation for Bids, “offer” and “offeror” mean “bid” and “bidder”. OFFER (To be completed by Offeror) CAUTION: A false statement in any offer (bid or proposal) submitted to DART may be a criminal offense in violation of Section 37.10 of the Texas Penal Code. 12. DISCOUNT FOR PROMPT PAYMENT: _____%, _____ Calendar Days (Invoice/Payment terms are set forth in Exhibit D) 13. In compliance with the above, the undersigned agrees, if this offer is accepted within the period specified in Block 10, above, to furnish any or all items, or provide the service(s), upon which prices are offered in the Schedule at the price set opposite each item or service, and to deliver the item(s) and or perform the service(s) at the designated location(s) within the time specified. 14. OFFEROR'S NAME, ADDRESS, and DART VENDOR NO.: (Type or Print) 15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN THE OFFER: (Type or Print) TELEPHONE: CELL PHONE: E-MAIL: FAX: 16. OFFEROR'S SIGNATURE & DATE: AWARD (To be completed by DART) 17. D/M/WBE: The D/M/WBE participation for this contract is as follows based on: Percentage of the total contract amount, or Other ______________________________ % DBE % MBE % WBE % MBE/WBE 18. ACCEPTED AS TO: 19. TOTAL AMOUNT OF AWARD: 20. CONTRACT NUMBER: 21. CONTRACTING OFFICER’S SIGNATURE & DATE OF AWARD: Name: Signature: ____________________________________ Date: ____/____/____

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Page 1: DART.org - Dallas Area Rapid Transit - Property …...Steam Clean Carpet Floor Maintenance Building Floor Mat Service Power Washing / Parking Garage Sweeping Window Cleaning 1st Floor

Form 33.201 (01/11) Page 1 of 2

DALLAS AREA RAPID TRANSIT SOLICITATION, OFFER AND AWARD FORM

SOLICITATION INFORMATION Request for Proposals (RFP)

1. SOLICITATION NO.: P-1022206 4. BRIEF DESCRIPTION: 2. ISSUE DATE: September 27, 2012

Property Management Services for DART’s Headquarters, Police Department and Northeast Substation Buildings.

3. FOR INFORMATION CONTACT: (No collect calls) NAME: Jaime Ayala

TELEPHONE: 214-749-2652 FAX: 214-749-3666 E-MAIL: [email protected]

5. PRE-BID/PROPOSAL CONFERENCE: **** There WILL be a conference. **** (If a conference is scheduled, see the applicable clause in Exhibit C for more information.)

LOCATION: DALLAS AREA RAPID TRANSIT 1401 Pacific Ave., Room 3F Dallas, Texas 75202-7235

DATE: October 16, 2012 TIME: 9:00 a.m., Local Dallas

6. SUBMIT OFFER TO: 7. OFFER SUBMISSION DUE DATE AND TIME: Mailing Address DALLAS AREA RAPID TRANSIT P.O. Box 660163 Dallas, Texas 75266 Solicitation # P-1022206

Hand/Commercial Courier Delivery DALLAS AREA RAPID TRANSIT 1401 Pacific Ave. Room 1523 Dallas, Texas 75202 Solicitation # P-1022206

DATE: October 30, 2012 TIME: 2:00 p.m., Local Dallas

8. SUBMIT WITH OFFER: Original offer and three (3) photocopies including exhibits and attachments so indicated on Page 2 of this form.

9. Offers submitted in response to an RFP will NOT be publicly opened.

10. FIRM OFFER PERIOD: Offers submitted shall remain firm for a period of 150 calendar days from the date specified in Block 7. 11. This solicitation and any resulting contract, respectively, consist of this DART Form 33.201 and the exhibits and documents

designated with a symbol on Page 2 of this form. NOTE: For Invitation for Bids, “offer” and “offeror” mean “bid” and “bidder”. OFFER

(To be completed by Offeror)

CAUTION: A false statement in any offer (bid or proposal) submitted to DART may be a criminal offense in violation of Section 37.10 of the Texas Penal Code.

12. DISCOUNT FOR PROMPT PAYMENT: _____%, _____ Calendar Days (Invoice/Payment terms are set forth in Exhibit D) 13. In compliance with the above, the undersigned agrees, if this offer is accepted within the period specified in Block 10, above, to

furnish any or all items, or provide the service(s), upon which prices are offered in the Schedule at the price set opposite each item or service, and to deliver the item(s) and or perform the service(s) at the designated location(s) within the time specified.

14. OFFEROR'S NAME, ADDRESS, and DART VENDOR NO.: (Type or Print)

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN THE OFFER: (Type or Print)

TELEPHONE: CELL PHONE:

E-MAIL: FAX:

16. OFFEROR'S SIGNATURE & DATE:

AWARD (To be completed by DART)

17. D/M/WBE: The D/M/WBE participation for this contract is as follows based on: Percentage of the total contract amount, or Other ______________________________

% DBE % MBE % WBE % MBE/WBE

18. ACCEPTED AS TO: 19. TOTAL AMOUNT OF AWARD: 20. CONTRACT NUMBER:

21. CONTRACTING OFFICER’S SIGNATURE & DATE OF AWARD:

Name:

Signature: ____________________________________ Date: ____/____/____

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Form 33.201 (01/11) Page 2 of 2

SOLICITATION, OFFER AND AWARD FORM See Exhibits B & C for offer preparation and submission instructions.

22. CONTENTS: NAME FORM DESCRIPTION FORM NO. SUBMIT WITH

OFFER? Cover Sheet Solicitation, Offer and Award Form 33.201 YES

Schedule Schedule 33.202A YES Exhibit A Representations and Certifications 33.204 YES

Exhibit B Special Solicitation Instructions and Conditions 33.B NO

Attachment 1 Schedule of Subcontractor(s)/Subconsultant(s) None YES

Exhibit C Solicitation Instructions and Conditions 33.206L NO

Exhibit D Special Provisions 33.D NO

Exhibit F General Provisions 33.401 NO

Exhibit G DBE, or MBE and WBE Program 33.213 NO

Attachment 1 Intent to Perform as a Subcontractor None YES

Attachment 2 Sample Vendor Payment Report None NO

Exhibit H Statement of Work 33.H NO

Attachment 1

DART Safety Program and Standard Operating Procedures Reference Documentation

None

NO

Attachment 2 Warranties None NO

Attachment 3 Site Locations None NO

Attachment 4 Facility Layouts None NO

Attachment 5 DART Police Department Building – Air Condition Filters None NO

Exhibit L Business Questionnaire 33.253 YES

Exhibit Q Payment Bond 33.210 YES

Exhibit V Employee Information Report 33.254 YES 23. SUBMIT THE BELOW ITEM(S) WITH OFFER, IN ADDITION TO THE ABOVE IDENTIFIED SUBMITTALS:

DESCRIPTION

Technical Proposal (accepted as identified in Block 18) YES

24. ACKNOWLEDGMENT OF AMENDMENTS: AMENDMENT # DATE AMENDMENT # DATE Offeror acknowledges receipt of the following amendment(s) to the solicitation: (Identify amendment number and date of each.)

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Page 1 of 7

A Unit of Measure Quantity Unit Price Total

1 Hour -$ 2 Hour -$

B Unit of Measure Quantity Unit Price Total1 Monthly 36 -$ 2 Monthly 36 -$ 3 Annually 3 -$ 4 Each 1 -$ 5 Monthly 36 -$ 6 Monthly 36 -$ 7 Monthly 36 -$ 8 Monthly 36 -$ 9 Monthly 36 -$

10 Monthly 36 -$ 11 Monthly 36 -$ 12 Monthly 36 -$ 13 Monthly 36 -$ 14 Quarterly 12 -$

DALLAS AREA RAPID TRANSITDALLAS, TEXAS

SCHEDULE

CAUTION: A false statement in any offer submitted to DART may be a criminal offense in violation of Section 37.10 of the Texas Penal Code. NOTE: For Invitations for Bids the terms "Offer" and "Offeror" shall mean "Bid" and "Bidder", respectively; and for Request for Proposals the terms "Bid" and "Bidder" shall mean "Offer" and "Offeror", respectively, in this solicitation and any associated exhibits.

THE OFFEROR MUST SIGN AND DATE THIS SCHEDULE WHERE PROVIDED

1 - Direct Labor Costs - Definite

Chief Building Engineer / Project ManagerBuilding Engineer

BASE PERIOD OF PERFORMANCE (3 YEARS)

Offeror Labor Classifications

The line item unit price(s) for both the base contract and option years, if applicable, must include all costs that the offeror intends to recover, such as, but not limited to: supervision, labor, installation, equipment, materials, vehicle licensing, vehicle title, warehousing, frieght, pick-up, financing, carrying charges, and all other such charges to accommodate the supplies/services and delivery requirements. No price adjustments will be made, unless specifically provided for by an additional provision included in this contract. (B-100.07A, SEP 06)

Subcontractor Labor ClassificationsElevatorsEscalators

Metal Maintenance

Installation of Remote Monitoring Equipment for ElevatorsRemote Monitoring of Elevators

HVAC System Operation and Maintenance DART Police Headquarters BldgHVAC Water Treatment for DART Police Headquarters BuildingPest ControlTrash Removal

Fire Alarm Monitoring

Escalator Step Cleaning, 8 each at 1401 Pacific

HVAC System Operation and Maintenance DART Headquarters BuildingHVAC Water Treatment for DART Headquarters Building

Recycle Removal

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Page 2 of 7

15 Monthly 36 -$ 16 Hourly N/A

2020.1 Semi-Annual 6 -$ 20.2 Monthly 36 -$ 20.3 Quarterly 12 -$ 20.4 Quarterly 12 -$ 20.5 Monthly 36 -$

3030.1 Monthly 36 -$ 30.2 Monthly 36 -$ 30.3 Monthly 36 -$ 30.4 Monthly 36 -$ 30.5 Monthly 36 -$ 30.6 Monthly 36 -$ 30.7 Monthly 36 -$ 30.8 Monthly 36 -$

Unit of Measure Quantity Unit Price Total

4040.1 Monthly 36 -$ 40.2 Quarterly 12 -$ 40.3 Quarterly 12 -$ 40.4 Semi-Annual 6 -$ 40.5 Semi-Annual 6 -$ 40.6 Semi-Annual 6 -$ 40.7 Semi-Annual 6 -$

50 -$ 50.1 Monthly 36 -$ 50.2 Monthly 36 -$ 50.3 Quarterly 12 -$ 50.4 Monthly 36 -$

Total

-$

Exterior Windows with Bird Track System - 1401 PacificInterior & AtriumExterior Skylights - 1401 PacificInterior Skylights - 1401 PacificInterior Glass Walls - PD Building

Exterior Landscape Planter Maintenance - 1401 Pacific

Plant / Landscape Maintenance

Exterior Landscape Color Changes - 1401 PacificExterior Grounds - Trash Cleanup - PD Building

Steam Clean CarpetFloor MaintenanceBuilding Floor Mat Service

Power Washing / Parking Garage Sweeping

Window Cleaning1st Floor Window Cleaning

Air Fresheners

Exterior Window Cleaning - All Floors

Refrigerator Cleaning

Emergency Generator, Inspections and Maintenance

Exterior BuildingLoading Dock and Gates

Subcontractor Labor Classifications Cont'd

Parking Garage

Exterior DART SignsParking Garage Sweeping

Janitorial ServicesNightly Janitorial ServicesDaily Janitorial Services

Clean Railcar - PD Building

Interior Plant Maintenance - 1401 Pacific

Furniture Moving, Installation and Removal

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Page 3 of 7

C Unit of Measure Quantity Unit Price Total60.1 -$

-$

Unit of Measure Quantity Unit Price Total-$ -$ -$

Total Equipment -$

D Unit of Measure Quantity Unit Price Total70.1 -$

-$ -$

Total Fleet

-$

A Unit of Measure Quantity Unit Price Total80.1 Each 1 -$ 80.2 Each 1 -$

-$ -$

Total Indirect Costs (Overhead)

-$

A Unit of Measure Quantity Unit Price Total90.1 -$

-$ -$

Total Fixed Fee

-$

Fixed Fees (Profit)

2 - Other Direct Costs (Overhead)

Equipment

Fleet Vehicles

Payment BondInsurance

Other Direct Costs Cont'd

4 - Fees

Offeror3 - Indirect Costs (Overhead)

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Page 4 of 7

100.1 Hour -$ 100.2 Hour -$ 100.3 Hour -$ 100.4 Hour -$

100.5 Each As Required 2,025,000.00$

$

A Unit of Measure Quantity Unit Price Total

1 Hour -$ 2 Hour -$

-$ -$

-$

B Unit of Measure Quantity Unit Price Total

1 Monthly 12 -$ 2 Monthly 12 -$ 3 Annually 1 -$ 4 Monthly 12 -$ 5 Monthly 12 -$ 6 Monthly 12 -$ 7 Monthly 12 -$ 8 Monthly 12 -$ 9 Monthly 12 -$

10 Monthly 12 -$ 11 Monthly 4 -$

OPTION PERIOD OF PERFORMANCE (1 YEAR)

Offeror Labor Classifications

HVAC Water Treatment for DART Headquarters Building

Pest Control

Chief Building Engineer / Project ManagerBuilding Engineer

HVAC System Operation and Maintenance DART Headquarters Building

EscalatorsEscalator Step Cleaning, 8 each escalatorsRemote Monitoring of Elevators

HVAC System Operation and Maintenance DART Police Headquarters BldgHVAC Water Treatment for DART Police Headquarters Building

Total Not to Exceed Amount for Base Period of Performance (Sections 1-5)

5 - Indefinite CostsOvertime Rate - Chief Building Engineer / Project Manager

Trash RemovalRecycle Removal

Subcontractor Labor ClassificationsElevators

Overtime Rate - Building EngineerTransition for Chief Building Engineer/Project ManagerAdditional Janitorial Services

1 - Direct Labor Costs - Definite

Total Direct Labor Costs

Unscheduled Building Maintenance, Repair, Operations and Special Projects based on Property Manager's Solicited Bids

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Page 5 of 7

12 Monthly 12 -$ 13 Quarterly 4 -$ 14 Monthly 12 -$

Unit of Measure Quantity Unit Price Total

15 -$

2020.1 Semi-Annual 2 -$ 20.2 Monthly 12 -$ 20.3 Quarterly 4 -$ 20.4 Quarterly 4 -$ 20.5 Monthly 12 -$

3030.1 Monthly 12 -$ 30.2 Monthly 12 -$ 30.3 Monthly 12 -$ 30.4 Monthly 12 -$ 30.5 Monthly 12 -$ 30.6 Monthly 12 -$ 30.7 Monthly 12 -$ 30.8 Monthly 12 -$

4040.1 Monthly 12 -$ 40.2 Quarterly 4 -$ 40.3 Quarterly 4 -$ 40.4 Semi-Annual 2 -$ 40.5 Semi-Annual 2 -$ 40.6 Semi-Annual 2 -$ 40.7 Semi-Annual 2 -$

Janitorial Services

Fire Alarm MonitoringMetal MaintenanceEmergency Generator, Inspections and Maintenance

Furniture Moving, Installation and Removal

Exterior Window Cleaning - All FloorsExterior Windows with Bird Track System - 1401 PacificInterior & AtriumExterior Skylights - 1401 PacificInterior Skylights - 1401 PacificInterior Glass Walls - PD Building

Subcontractor Labor Classifications Cont'd

Nightly Janitorial Services

Power Washing / Parking Garage SweepingParking Garage

Loading Dock and GatesExterior Building

Refrigerator CleaningClean Railcar - PD Building

Window Cleaning1st Floor Window Cleaning

Daily Janitorial Services

Exterior DART SignsParking Garage Sweeping

Steam Clean CarpetFloor MaintenanceBuilding Floor Mat ServiceAir Fresheners

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Page 6 of 7

50 -$ 50.1 Monthly 12 $50.2 Monthly 12 $50.3 Quarterly 4 -$ 50.4 Monthly 12 $

Unit of Measure Quantity Unit Price Total

-$

C Unit of Measure Quantity Unit Price Total-$ -$

$$$

Total Equipment Costs

$

D Unit of Measure Quantity Unit Price Total70.1 $

$$$

Total Fleet Vehicles Costs

$

Fleet Vehicles

Subcontractor Labor Classifications Cont'd

Plant / Landscape MaintenanceInterior Plant Maintenance - 1401 PacificExterior Landscape Planter Maintenance - 1401 PacificExterior Landscape Color Changes - 1401 Pacific Exterior Grounds - Trash Cleanup - PD Building

Equipment

2 - Other Direct Costs (Overhead)

Total Subcontractor Labor Costs

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Page 7 of 7

A Unit of Measure Quantity Unit Price Total80.1 Each 1 $80.2 Each 1 $

$$$

A Unit of Measure Quantity Unit Price Total90.1 $

$$$

100.1 Hour $100.2 Hour $100.3 Hour $

100.4 Each As Required 675,000.00$

$

OfferorPayment BondInsurance

3 - Indirect Costs (Overhead)

Total Not to Exceed Amount for Option Period of Performance (Sections 1-5)

Overtime Rate - Chief Building Engineer

Fixed Fees (Profit)

4 - Fees

5 - Indefinite Costs

Overtime Rate - Building Engineer

Total Fixed Fee Amount

Total Indirect Costs (Overhead)

Additional Janitorial ServicesUnscheduled Building Maintenance, Repair, Operations and Special Projects based on Property Manager's Solicited Bids

Page 10: DART.org - Dallas Area Rapid Transit - Property …...Steam Clean Carpet Floor Maintenance Building Floor Mat Service Power Washing / Parking Garage Sweeping Window Cleaning 1st Floor

P-1022206

Form 33.204 (01/05) Page 1 of 6 Exhibit A

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT A REPRESENTATIONS AND CERTIFICATIONS

(LOCALLY FUNDED SUPPLY/SERVICE/CONSTRUCTION CONTRACTS)

** NOTE: THIS FORM MUST BE COMPLETED AND RETURNED WITH THE OFFER ** Table of Contents REPRESENTATIONS ................................................................................................................................ .......................... 1

1. Contingent Fee (A-103, AUG 02) ................................................................................................................................ 1 2. Covenant Against Gratuities (A-105, JAN 94)................................................................................................ ............. 1 3. Interest of Public Officials (A-104, MAY 04) ................................................................................................ ................ 1 4. Minority and Woman-Owned Business Enterprises (M/WBE) (A-121, JUL 01) ................................ ......................... 1 5. Parent Company and Identifying Data (A-108, JAN 05) ................................................................ ............................. 2 6. Type of Business (A-101, DEC 04) ................................................................................................ ............................. 2 7. Certificate Concerning Board Members and Employees of the Authority (A-116, JAN 05)................................ ........ 3 8. Certification of Independent Price Determination (A-109, JAN 94)................................................................ ............. 4 9. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (A-126, SEP 94) .................. 410. Communication Policy and Certification (A-129, JAN 05)................................................................ ........................... 5 11. Conflict of Interest Certification (A-117, FEB 03) ................................................................................................ ........ 5 12. Drug-Free Workplace Program Certification (A-125, JAN 05) ................................................................ .................... 6 13. Minority and Woman-Owned Business Enterprise Goals (A-123, APR 04)................................................................ 6 14. Non-Discrimination Assurance (A-130, JAN 05).......................................................................................................... 6

REPRESENTATIONS

1. Contingent Fee (A-103, AUG 02) Except for full-time bona fide employees working solely for the offeror, the offeror represents as part of its offer that it (Mark one with an "X"):

has has not employed or retained any company or persons to solicit or obtain this contract, and (Mark one with an "X"):

has has not paid or agreed to pay any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. 2. Covenant Against Gratuities (A-105, JAN 94) The offeror represents as part of its offer that neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employee of the Authority with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract. See the General Provisions Clause entitled "Interest of Public Officials." 3. Interest of Public Officials (A-104, MAY 04) The offeror represents and warrants that no employee, official, or member of the Board (Executive Committee) of the Authority is or will be pecuniarily interested in or benefited directly or indirectly as a result of this contract. 4. Minority and Woman-Owned Business Enterprises (M/WBE) (A-121, JUL 01) (a) The offeror represents as part of its offer that it (Mark one with an "X"):

is is not a minority-owned business enterprise (MBE). An "MBE" is defined as "a small business concern which is at least 51 percent owned by one or more minority individuals, or in case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority individuals and whose management and daily business operations are controlled by one or more of the minority individuals who own it." For purposes of this definition, minority individuals include Black Americans, Hispanic Americans, Asian-Pacific Americans, Asian-Indian Americans, and Native Americans.

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P-1022206

Form 33.204 (01/05) Page 2 of 6 Exhibit A

(b) The offeror represents as part of its offer that it (Mark one with an "X"):

is is not a woman-owned business enterprise (WBE). A "WBE" is defined as "a small business concern which is at least 51 percent owned by women, or in case of any publicly owned business, at least 51 percent of the stock of which is owned by women and whose management and daily business operations are controlled by one or more of the women who own it." 5. Parent Company and Identifying Data (A-108, JAN 05) (a) The offeror represents as part of its offer that it (Mark one with an "X"):

is is not owned or controlled by a parent company. A parent company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the offeror. To own the offering company means that the parent company must own more than 50 percent of the voting rights in that company. A company may control an offeror as a parent even though not meeting the requirements for such ownership if the company is able to formulate, determine, or veto basic policy decisions of the offeror through the use of dominant minority voting rights, use of proxy voting, or otherwise. (b) If the offeror is not owned or controlled by a parent company, it shall insert its own Employer's Identification Number below: (c) If the offeror is owned or controlled by a parent company, it shall enter in the blocks below the name and main office address of the parent company, and the parent company's Employer's Identification Number. NAME OF PARENT COMPANY AND MAIN OFFICE ADDRESS (INCLUDE ZIP AND PHONE): PARENT COMPANY'S EMPLOYER'S IDENTIFICATION #: 6. Type of Business (A-101, DEC 04) (a) The offeror represents as part of its offer that it operates as (Mark one with an "X"): an individual a sole proprietorship a partnership a corporation another entity ____________________. (b) If incorporated, under the laws of the State of:

(c) Age of the firm: __ years, __ months (d) Previous year’s annual gross receipts: less than $500K $500K - $2 mil. $2 mil. - $5 mil. more than $5 mil.

CERTIFICATIONS

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P-1022206

Form 33.204 (01/05) Page 3 of 6 Exhibit A

7. Certificate Concerning Board Members and Employees of the Authority (A-116, JAN 05) The Dallas Area Rapid Transit Authority (DART) has adopted Rules of Procedure for DART Board members and DART personnel policies for employees that prohibit their participation in contractual or employment relationships for certain periods after their relationship with DART ends. These prohibitions may be found in Board Resolution No. 940175 dated June 28, 1994, and the relevant DART personnel policy, respectively. These restrictions also apply to the spouses of former Board members and former employees. For former Board members, the prohibition is for a period of one year following the end of the member's term or the date of his/her resignation, and applies to participation as a principal in a DART contract or first-tier subcontract, or as an employee of a DART contractor or first-tier subcontractor. For former DART employees, the prohibition is for one year after leaving DART, and relates to participation in any contract or employment relationship that results in an assignment to work on any DART project for which the employee had significant responsibilities. (A copy of Board Resolution No. 940175 and the relevant DART personnel policy may be obtained from the DART Contracting Officer.) The Board of Directors may waive the above prohibitions, by a two-thirds vote, for a particular person and/or relationship if it determines that it is in the best interest of DART to do so. (a) By submission of this offer the offeror hereby certifies that, to the best of his/her knowledge and belief, with the exception of any information described in this certification or attached hereto, the offeror has no information concerning a violation or possible violation of the DART Board Rules of Procedures as established in Resolution No. 940175, approved June 28, 1994, or the above DART personnel policy for former employees, which would result if the Authority awards a contract based upon this offer. (b) Violations or possible violations. (Continue on plain bond paper and label Certificate Concerning Former Board Member and Employees of the Dallas Area Rapid Transit Authority, Continuation Sheet.) CHECK "NONE" IF NONE EXISTS. NONE (Please make entry in this space, if applicable.) VIOLATIONS OR POSSIBLE VIOLATIONS: (c) This certification concerns a material representation of fact upon which reliance will be placed in awarding a contract. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to any other remedies the Authority may have, the Contracting Officer may terminate the contract resulting from this solicitation for default and/or recommend that the offeror be debarred or suspended from doing business with the Authority in the future in accordance with the procedures set forth in the DART Procurement Regulations. (d) The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, he/she learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (e) The offeror further agrees by submitting this offer that it will include this Certificate, without modification, in all first-tier subcontracts. The offeror shall be responsible for compliance by any first-tier subcontractor with the provisions set forth in this Certificate.

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P-1022206

Form 33.204 (01/05) Page 4 of 6 Exhibit A

8. Certification of Independent Price Determination (A-109, JAN 94) (a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly

disclosed by the offeror and will not knowingly be disclosed by the offeror prior to the opening (in the case of an advertised procurement) or prior to award (in the case of a negotiated procurement), directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to

submit an offer for the purpose of restricting competition. (b) Each person signing this offer certifies that: (1) He is the person in the offeror's organization responsible within that organization for the decision as to the prices

being offered herein and that he has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above; or

(2) He: (i) is not the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as an agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does hereby so certify; and (ii) has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3) above.

9. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (A-126, SEP 94) (a) Primary Covered Transactions. [This certification applies to the offer submitted in response to this solicitation and will be a continuing requirement throughout the term of the prime contract.]

(1) In accordance with the provisions of Appendix A to 49 Code of Federal Regulations (CFR) Part 29, the offeror certifies to the best of its knowledge and belief, that it and its principals:

(i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

excluded from covered transactions by any Federal department or agency; (ii) have not within a three-year period preceding this offer been convicted of or had a civil judgment

rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(iii) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,

State, or local) with commission of any of the offenses enumerated in paragraph (1)(ii) of this Certification; and

(iv) have not within a three-year period preceding this offer had one or more public transactions (Federal,

State, or local) terminated for cause or default.

(2) Where the offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to this offer.

(b) Lower Tier Covered Transactions. [This certification applies to a subcontract at any tier expected to equal or exceed $25,000, and will be a continuing requirement throughout the term of the prime contract.] (1) In accordance with the provisions of Appendix B to 49 Code of Federal Regulations (CFR) Part 29, the

prospective lower tier participant (subcontractor) certifies, by submission of this offer, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded

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Form 33.204 (01/05) Page 5 of 6 Exhibit A

from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

(c) The Certification required by subparagraph (b), above, shall be included in all applicable subcontracts and a copy kept on file by the prime contractor. The prime contractor shall be required to furnish copies of certifications to the Contracting Officer upon the Contracting Officer's request. 10. Communication Policy and Certification (A-129, JAN 05) (a) All oral and written communications with DART regarding this solicitation should be exclusively with, or on subjects and with persons approved by, the person identified in Block 3 of the solicitation cover sheet. Discussions or communications with any other person could result in disclosure of proprietary or other competitive sensitive information or otherwise create the appearance of impropriety or unfair competition and, thereby, compromise the integrity of DART's procurement system. If competition issues cannot be resolved through normal communication channels, the DART Procurement Regulations contain protest provisions for actual or prospective competitors claiming any impropriety in connection with this procurement. (b) By submission of this offer, the offeror certifies that it has not, and will not prior to contract award, communicate orally or in writing with any DART employee or other representative (including DART Board members, DART contractors, or DART consultants) other than the individual, or person(s) and on subjects approved by the individual, named in Block 3 of the solicitation, except as described below: (CHECK "NONE" IF NONE EXISTS.) NONE

Name of DART Representative Date and Subject of Communication {provide attachment, if necessary} (c) This certification concerns a material representation of fact upon which reliance will be placed in awarding a contract. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to any other remedies the Authority may have, the Contracting Officer may terminate the contract resulting from this solicitation for default and/or recommend that the offeror be debarred or suspended from doing business with the Authority in the future in accordance with the procedures set forth in DART's Procurement Regulations. In addition, a false entry could be a violation of Texas Penal Code paragraph 37.10. (d) The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, he/she learns that its certification was, or a subsequent communication makes, the certification erroneous. 11. Conflict of Interest Certification (A-117, FEB 03) By submission of this offer, I certify that: (a) I have read and understand the General Provisions clause entitled "Interest of Public Officials" that will be incorporated into any contract resulting from this solicitation. I further understand that the pecuniary interest in that clause includes employment relationships. (b) I understand the Authority has an internal conflict of interest policy for its employees that includes as an actual or possible conflict of interest whether or not a member of the employee's immediate family works for a firm doing, or seeking to do, business with the Authority. (c) Mark one with an "X": To the best of my knowledge and belief, no employee of my firm is related to an Authority employee; or

An employee of my firm is related to an Authority employee and a letter to the Contracting Officer explaining that relationship is attached to this Exhibit A.

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Form 33.204 (01/05) Page 6 of 6 Exhibit A

(d) The requirements of this certification have been passed through to all first-tier subcontractors or subconsultants anticipated to be used at the time of the submission of my offer. 12. Drug-Free Workplace Program Certification (A-125, JAN 05) This certification applies to construction contracts only. (a) By submission of an offer, the offeror certifies and agrees that, with respect to the offeror and all employees of the offeror to be utilized in the performance of any contract resulting from this solicitation, it will establish a drug-free workplace program that complies with the provisions of the Drug-Free Workplace Program Clause of the General Provisions. (b) Failure of the offeror to have the drug-free workplace program complying with this certification and the Drug-Free Workplace Program Clause of the General Provisions available for the Authority's review and approval as part of the Authority's pre-award responsibility survey will be deemed a lack of responsibility rendering the offeror unqualified and ineligible for award. 13. Minority and Woman-Owned Business Enterprise Goals (A-123, APR 04) If goals have been established, by submission of this offer, the offeror certifies that it will comply with the provisions of Exhibit G attached to this solicitation entitled "Minority and Woman-Owned Business Enterprise Provisions," and will meet such goals as are established in any ensuing contract. 14. Non-Discrimination Assurance (A-130, JAN 05) The offeror certifies that it will not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The offeror understands that it is required to insert the substance of this clause in all subcontracts and purchase orders. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Authority deems appropriate. The offeror further agrees by submitting this offer that it will include this certificate, without modification, in all subcontracts and purchase orders.

************************************************************** SIGNATURE BLOCK FOR ALL

REPRESENTATIONS & CERTIFICATIONS **************************************************************

NAME OF OFFEROR & ADDRESS (INCLUDE ZIP & PHONE)

OFFERORS MUST SET FORTH FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS SOLICITATION (INCLUDING THIS ATTACHMENT). FAILURE TO DO SO MAY RENDER THE OFFER NONRESPONSIVE OR UNACCEPTABLE. A FALSE STATEMENT IN ANY OFFER SUBMITTED TO THE AUTHORITY MAY BE A CRIMINAL OFFENSE IN VIOLATION OF SECTION 37.10 OF THE TEXAS PENAL CODE.

Signature: Date: TYPE NAME:

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Form 33.B Page 1 of 10 Exhibit B

Dallas Area Rapid Transit Authority

EXHIBIT B SPECIAL SOLICITATION INSTRUCTIONS and CONDITIONS

Table of Contents 1. Introduction and Purpose of Solicitation (B-100.01A, JAN 02) .............................................................. 13. Submission of Schedule of Subcontractor(s)/Subconsultant(s) (B-100.23, SEP 03) ............................. 14. Evaluation and Basis for Award (B-100.03, JAN 02) .............................................................................. 15. Submission of Proposal .......................................................................................................................... 26. Cost Plus Fixed Fee ............................................................................................................................... 27. Schedule - Cost Plus Fixed-Fee ............................................................................................................. 28. Proposal Preparation and Format (B-100.14SA, JUN 06) ..................................................................... 39. Proposal Content and Evaluation Factors for Award, (B-100.14SB, AUG 04) ...................................... 310. Evaluation of Proposals and Selection Procedure (B-100.15D, JUN 05) .............................................. 611. Incorporation of Offeror’s Proposal (B-100.16A, AUG 04) ..................................................................... 712. Requirement for Cost or Pricing Data (DPR 3-502) ............................................................................... 813. Certificate of Current Cost or Pricing Data (DPR 3-505) ........................................................................ 9Attachment 1 to Exhibit B - Schedule of Subcontractor(s)/Subconsultant(s) ............................................. 10 1. Introduction and Purpose of Solicitation (B-100.01A, JAN 02) (a) The Dallas Area Rapid Transit Authority (the "Authority" or "DART") is a public transportation agency providing an assortment of transportation services to 13 cities in the Dallas, Texas, Metroplex. Transportation services include bus, an electric light-rail system, a commuter rail line, high occupancy vehicle (HOV) lanes, ride-share programs, curb-side services for the mobility impaired, and transit educational services. (b) The Authority is seeking sealed offers from qualified firms or individuals interested in providing management, tools, equipment and labor to perform building management services for the DART Headquarters Building, the DART Police Department Headquarters Building and other facilitates on a as needed basis as described in Exhibit H, Statement of Work. 2. Structure of Solicitation This is a request for proposal (RFP) procurement. Offerors shall submit price and technical proposals in one sealed envelope for evaluation by the Authority. The Authority may conduct written or oral discussions regarding both technical and price proposals. Offerors shall submit exceptions to, or variances from, any portion of the solicitation requirements contained herein, including the Statement of Work and/or specifications. Offerors must specifically identify in a separate document prepared solely for the purpose of comparing the requested exceptions or variances with the stated requirements. Absent submittal of a separate document, no exceptions or variances shall be authorized. 3. Submission of Schedule of Subcontractor(s)/Subconsultant(s) (B-100.23, SEP 03) Each offeror should include a completed Schedule of Subcontractor(s)/Subconsultant(s) form provided as Attachment 1 to Exhibit B with their offer. The contents of the form may be a factor used in determining an offeror's responsibility. 4. Evaluation and Basis for Award (B-100.03, JAN 02) (a) One Award (B-100.03A, AUG 04) One contract award is anticipated under this solicitation. Multiple contract awards shall not be made.

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Form 33.B Page 2 of 10 Exhibit B

(b) Evaluation of Offers Inclusive of Options (B-100.06B, JUL 04) The Authority shall evaluate offers for award purposes by including the total price for the basic requirement together with any option pricing, i.e., option pricing will be included in the evaluation for award purposes. Optional items shall not necessarily be purchased under this solicitation. (c) Unit and Extended Pricing (B-100.08A, OCT 04) Offerors shall insert the unit price and extended amount for each line item offered on the Schedule. If a line item is offered at “No Cost,” enter “No Cost” in the unit price column. Additionally, offerors shall calculate and insert the total price in the space provided on the Schedule. (d) Right to Reject Materially Unbalanced Offers (B-100.09A, JUL 04) The Authority reserves the right to reject offers that are materially unbalanced, i.e., that contain unreasonably high unit prices for some items and/or unreasonably low unit prices for other items. (e) Detailed Description of Supplies/Services Not in Schedule (B-100.12A, OCT 04) Item descriptions in the Schedule are not intended as complete descriptions of the required supplies and/or services to be purchased under this solicitation. Complete descriptions are provided in the Specifications and/or Statement of Work exhibits in this solicitation document. 5. Submission of Proposal Offerors shall submit a proposal consisting of both technical and price proposal components in response to this solicitation. (a) See the Solicitation, Offer and Award Form for the number of proposal copies to submit and for the date and time specified for receipt of offers.

(b) Technical and price proposals shall be submitted in a single sealed envelope or cartons clearly marked “Technical and Price Proposal” with the solicitation number. 6. Cost Plus Fixed Fee (a) This is a cost plus fixed fee price type contract with services that shall be delivered in accordance with Exhibit H, Statement of Work. (b) Payment of the fixed-fee(s) by the Authority shall be made in monthly installments in accordance with the price schedule. 7. Schedule - Cost Plus Fixed-Fee (a) The fixed-fee for the contract shall be divided into 1/36th monthly installments for services completed during the performance period. Additional cost from the not to exceed amount for base period of performance shall not be allowed. (b) The cost that the Contractor actually incurs each month is in the two categories listed on the Schedule: (1) direct labor costs; and (2) indirect (overhead) costs. The Contractor shall only be reimbursed for actual costs incurred for that month. (c) Line items 100.5 and 100.4 of the Price Schedule for the Base and Option Periods, respectively, provide a budgeted amount for unscheduled building maintenance repair, operations and special projects. Labor, material, and equipment needed to perform these services are directly passed through to the Authority with no additional mark up based on task orders issued. Contractor’s management/administrative/oversight costs shall be covered on the line items provided within the Schedule. The not-to-exceed price that is listed in the Schedule for line items 100.5 and 100.4 for the

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Form 33.B Page 3 of 10 Exhibit B

Base and Option Periods, respectively, is a budgeted ceiling and shall not be exceeded without prior approval in writing by the Contracting Officer. (d) The fixed-fee shall be based on the Contractor's estimated cost plus profit. 8. Proposal Preparation and Format (B-100.14SA, JUN 06) (a) Proposal documents shall be prepared in single-spaced type, on 8-1/2" x 11" pages, using one side of the paper only. Pages shall be numbered to show the page number and total number of pages in the proposal (e.g., Page 1 of 15, Page 2 of 15, etc.). (b) All names and applicable titles shall be typed and printed where indicated on the various documents. (c) Required entries on all proposal documents shall be typed using black ribbon, printed using dark printer ink, or legibly written in dark ink (no pencil). (d) Unnecessarily elaborate proposals or lengthy presentations are not desired or required by the Authority. (e) Proposal documents shall be set out in the Sections outlined below. A blank page should precede each Section with an index tab that identifies the appropriate Section. Section 1 Introduction and Submittals Section 2 Qualifications of the Firm Section 3 Qualifications of the Staff Section 4 Work Plan Section 5 Price Proposal (f) Exceptions to, or variances from, any portion of the solicitation requirements contained herein, including the Statement of Work and/or Specifications, shall not be considered unless specifically identified in a separate document prepared solely for the purpose of comparing the requested exceptions or variances with the stated requirements. The document shall accompany the offeror’s proposal, so that the Authority may determine whether to accept or reject such exceptions or variances based on its content. Absent submittal of a separate document, no exceptions or variances shall be authorized. (g) If a proposal is from: an individual, sole proprietorship, or an offeror operating under a trade name, the proposal shall be signed by that individual; a partnership, the proposal shall be executed in the partnership name and signed by all partners or by a managing partner accompanied by evidence of that partner’s ability to sign for the partnership. The official address of the partnership shall be shown below the signatures; a corporation, the proposal shall be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by the evidence of that officer’s authority to sign for the corporation), and the corporate seal shall be affixed and attested by the corporate secretary or assistant secretary; a joint venture or other type of teaming arrangement, the proposal shall list the names of all of the joint venture or teaming arrangement members, and each member’s official mailing address. It shall be executed by all of the members in the same manner as if they were individually submitting a proposal(s). The signature portion of the proposal form shall be altered as appropriate for execution by the joint venture or teaming arrangement. 9. Proposal Content and Evaluation Factors for Award, (B-100.14SB, AUG 04) (a) Proposals should be clear, concise, and include sufficient detail for effective evaluation.

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Form 33.B Page 4 of 10 Exhibit B

(b) Proposals will be evaluated for award based on the following: (1) Technical acceptability (600 Total Maximum Points) and (2) Price (400 Total Maximum Points) (c) Technical proposals shall contain the sections described herein. (d) Price proposals shall contain the Schedule (DART Form 33.33.202A) provided by the Authority for the

offeror to submit its price proposal, unless otherwise specified in the solicitation. If cost data is required, offerors must also submit cost data in the format described elsewhere herein.

i. Direct charges, indirect (overhead) cost plus fix fee (profit) will be allocated in the Price

Schedule for negotiated purposes.

ii. The total not-to-exceed amount for base period of performance will be a fix fee equal to 1/36th. Additional cost from the not to exceed amount for base period of performance shall not be allowed.

iii. Line items 100.5 and 100.4 for the Base and Option Periods, respectively, provide a budgeted

amount for unscheduled building maintenance repair, operations and special projects. Labor, material, and equipment needed to perform these services are directly passed through to the Authority with no additional mark up based on task orders issued. Contractor’s management/administrative/oversight costs shall be covered on the line items provided within the Schedule. The not-to-exceed price that is listed in the Schedule for line items 100.5 and 100.4 for the Base and Option Periods, respectively, is a budgeted ceiling and shall not be exceeded without prior approval in writing by the Contracting Officer.

(e) Factors and any subfactors described with relative weights or points will be evaluated to determine whether the proposal submitted shall be characterized as “Acceptable”, “Potentially Acceptable” (that is, susceptible of being made “Acceptable”), or “Unacceptable”. Evaluation factors (with the exception of the price proposal) are specifically keyed to the information requested in this provision. (1) Section 1 - Introduction and Submittals In this section include, at a minimum, the following: (a) The Solicitation, Offer and Award Form (DART Form 33.201); (b) Exhibit A, completed and signed; (c) Attachment 1 to Exhibit B - Schedule of Subcontractor(s)/Subconsultant(s), in accordance

with the provision titled, "Submission of Schedule of Subcontractor(s)/ Subconsultant(s)”; (d) Exhibit G, Attachment 1, Intent to Perform as a Subcontractor; (e) Exhibit L, Business Questionnaire; (f) Exhibit V, Employee Information Form; (g) An introductory letter that should be addressed to and include: (i) Dallas Area Rapid Transit P.O. Box 660163 Dallas, TX 75266-7235 Attn: Jaime Ayala, Contract Specialist; (ii) an introduction of the prime contractor, members of a partnership, joint venture, or other

teaming arrangement, whichever is applicable, and an introduction of all major subcontractors/subconsultants who may be involved in the performance of the work; and

(iii) a discussion of the primary business experience, length of time in business, ownership,

office locations, specific location of the principal office from where the main work will be performed, contact information (i.e., contact names, telephone and facsimile numbers, and

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Form 33.B Page 5 of 10 Exhibit B

email addresses), and other information introductory in nature for each firm involved in making the proposal.

(h) A letter, as applicable, from the offeror's chief executive officer guaranteeing the key

personnel named in the staffing plan will be assigned to the project, unless such employment is duly terminated. If substitutes or "backup" personnel are planned on a contingency basis, such personnel shall also be named with a similar guarantee of assignment.

(2) Section 2 - Qualifications of the Firm (300 Total maximum points) Discuss offeror’s qualifications as a business entity, past performance, and experience with special

emphasis on the following: (a) Experience relevant to the performance of the work required under this solicitation and

resulting contract. 150 Maximum points At a minimum, and in detail: (i) discuss offeror’s history and experience relevant to the Authority's

needs as set out in this solicitation; (ii) describe offeror's direct experience on projects of similar size, scope and complexity, and (iii) provide dates, locations, costs of assignments, names of project managers, and names and current contact information for business references and clients. Also discuss the qualifications of all other firms proposed to be utilized in the performance of the work (including joint venture members or major subcontractors/subconsultants), and clearly differentiate which qualifications listed relate to which firm.

(b) Experience with applicable building codes and regulations. 150 Maximum points Provide information that demonstrates customer/client satisfaction with overall job performance

and quality of completed work accomplished in the last 3 years. Explain corrective actions taken, if any, for substandard performance, and any current performance problems such as cost overruns, extended performance periods, etc.

(3) Section 3 - Qualifications of Staff (200 Total maximum points) Provide a staffing plan that identifies the project manager(s) and any other key personnel who will be

assigned to the project. Also discuss the qualifications and experience of each key individual. At a minimum, include the following:

(a) Qualifications of project manager(s) and key personnel who will be assigned to the project.

100 Maximum points Submit, at a minimum, resumes of the project manager(s) and key personnel (inclusive of all

relevant joint venture and subcontractor personnel) who will be assigned to the project. Resumes must be complete and concise, featuring experience that is most directly relevant to the task responsibility to which the individual will be assigned. Resumes must be dated (e.g., dates of education, experience, employment, etc.) and must state the function(s) to be performed on the project by each of the key personnel.

(b) Allocation of time to the performance of work under this solicitation and resulting contract by

project manager(s) and key personnel. 50 Maximum points Discuss the percentage (%) of time to be committed to the project by each of the project

manager(s) and designated key personnel. (c) Submit, at a minimum, two (2) references with company names, addresses, telephone

numbers, e-mail addresses and contact persons for each of the designated key personnel.

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Form 33.B Page 6 of 10 Exhibit B

(d) Organization of the workforce and personnel utilization. 50 Maximum points Submit, at minimum, an organization chart, complete with a listing of all job classifications and the

number of full and part time employees in each job classification, to be used in the work performance. Also identify which job classifications relate to subcontractor personnel.

(4) Section 4 - Work Plan (100 Maximum points) Provide a description of how the offeror proposes to organize and perform the work. At a minimum,

include the following: (a) Proposed method of accomplishing the work required for this project. 25 Maximum points (b) Proposed approach to managing the work, and ensuring program and cost control. 25 Maximum points (c) Proposed work to be accomplished by subcontractors, and identify the work to the specific

subcontractors. 15 Maximum points (e) Specific tasks that the offeror requires the Authority to accomplish during contract

performance or prior to contract award, and how the offeror will successfully accomplish the work if such tasks are not performed. 10 Maximum points

(f) Quality Control Plan 25 Maximum points At a minimum, explain the quality control plan for the performance of work addressing all

requirements of the Statement of Work. Discuss proposed approach for surveillance and inspection of work; acceptance, rejection, documentation, and resolution of deficiencies; and corrective actions.

(5) Section 5 - Price Proposal (400 Maximum points)

This section shall contain the offeror’s price proposal submitted using Form 33.202A. The price proposal shall be evaluated on the basis of price resasonableness (i.e., whether the proposal price is fair and reasonable taking into consideration all of the work requirements and the scope of the contract) and price realism (i.e., whether the proposed price is realistic in view of the contract scope and performance).

10. Evaluation of Proposals and Selection Procedure (B-100.15D, JUN 05) (a) Upon receipt of proposals, which shall consist of both technical and price proposals, the Contracting Officer will initiate the evaluation and selection procedure described herein. (b) Proposals shall not be publicly opened. (c) The Contracting Officer will review the proposals to determine if they comply with the solicitation provisions and contain all required submittals. (d) The Contracting Officer will conduct an evaluation of the technical proposals, or may appoint a Selection Committee that will evaluate the technical proposals and provide the scores to the Contracting Officer for consideration. In either case, the technical proposals will be evaluated applying the evaluation factor(s) set forth in the Proposal Content and Evaluation Factors for Award provision. (e) The Contracting Officer will consider the evaluated technical score for each offeror’s proposal to determine whether that offeror’s proposal shall be characterized as technically “Acceptable”, “Potentially Acceptable” (that is, susceptible of being made “Acceptable”), or “Unacceptable”. Proposals evaluated as technically “Unacceptable” shall be rejected, and will receive no further consideration for award.

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Form 33.B Page 7 of 10 Exhibit B

(f) After a complete evaluation of the initial technical and price proposals, for those found to be technically “Acceptable” or “Potentially Acceptable” by the Contracting Officer, the Contracting Officer may: (1) Proceed directly to award of the contract based on the total scores received; or (2) Request clarifications from offerors; and/or (3) Request that offerors make oral presentations concerning their technical proposals.

The Contracting Officer will establish the specific criteria and parameters for oral presentations. Oral presentations shall not be considered discussions. They shall be used solely to facilitate evaluation of the submitted proposals to further determine their appropriate characterization. The Contracting Officer may then proceed directly to award of the contract; or

(4) Reject any proposals then determined to be “Unacceptable”; and (5) Invite those offerors whose proposals were determined to be “Acceptable” or “Potentially

Acceptable,” and in the competitive range considering their overall technical and price scores, to participate in discussions. The competitive range will consist of all proposals that have a reasonable chance of being selected for award.

Discussions may address either the technical or price proposal, or both. At the conclusion of discussions, the Contracting Officer will set a time and date for the submission of best and final offers. If an offeror chooses not to submit a best and final offer, its initial proposal, to include price, will be evaluated for award. After the date and time set for receipt of best and final offers:

(a) The Contracting Officer will evaluate the best and final offers (or the initial proposal if no best and final offer is submitted) with or without referring the technical proposal of the best and final offer to the Selection Committee for evaluation. (b) The Contracting Officer will make a determination for award based upon the total points for both the technical and price components of each offeror’s best and final offer (or initial proposal if no best and final offer was submitted). (c) The Authority reserves the right, during the selection procedure, to investigate the qualifications of all offerors under consideration; to confirm any part of the information furnished by an offeror; and/or to require other evidence of managerial, financial, or technical capabilities that are considered necessary for the successful performance of work under a resulting contract. (d) Offerors are hereby reminded that the Authority reserves the right to award a contract following evaluation of initial proposals submitted. Offerors should therefore ensure that they submit their best technical and price proposals in their initial proposal submissions.

11. Incorporation of Offeror’s Proposal (B-100.16A, AUG 04) (a) The Authority reserves the right to incorporate the successful offeror’s proposal into any resulting contract, by reference or full text. This includes any revisions and supplements through the date set for submission of best and final offers, if applicable. Additionally, any modification of the otherwise successful offer prior to award of the contract, which makes its terms more favorable to the Authority, will be considered and may be accepted. (b) 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

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Form 33.B Page 8 of 10 Exhibit B

nature and incorporated by unilateral modification at no change in the contract cost or price, or other terms and conditions. (c) To satisfy the contract requirements, the offeror shall adhere to the proposal approach accepted by the Authority. 12. Requirement for Cost or Pricing Data (DPR 3-502) (1) Except as provided in 3-502(2), cost or pricing data may be required to be submitted in support of a proposal when: (a) any contract for property, services (except professional services), or construction expected to exceed $500,000 is to be awarded by competitive sealed proposals or by sole source procurement; or (b) adjusting the price of any contract for property, services (except professional services), or construction (including a contract awarded by competitive sealed bidding containing a Cost or Pricing Data Clause, whether or not cost or pricing data were required in connection with the initial pricing of the contract) if the adjustment involves aggregate increases and/or decreases in costs plus applicable profits expected to exceed $100,000. For example, the requirement applies to a $30,000 net modification resulting from a reduction of $70,000 and an increase of $40,000 when the reduction and increase are related. However, this requirement shall not apply when unrelated and separately priced adjustments for which cost or pricing data would not be required if considered separately are consolidated for administrative convenience. (2) Cost and pricing data shall not be required: (a) when the contract or adjusted price is based on: (i) adequate price competition; (ii) established catalogue prices or market prices; or (iii) prices set by law or regulation; or (b) when the Vice President of Contracts determines in writing to waive the applicable requirement for submission of cost or pricing data in a particular pricing action and the reasons for such waiver are stated in the determination. A copy of such determination shall be kept in the contract file and made available to the public upon request. (3) If, after cost or pricing data were initially requested and received, it is determined that adequate price competition does exist, the data need not be certified. (4) Any contractor required to submit and certify cost or pricing data shall be required to submit accurate, current, and complete cost or pricing data from prospective or actual subcontractors in support of each subcontract cost estimate included in the contractor's submission whenever the subcontract cost estimate is either (i) more than $100,000 or (ii) more than 10% of the contractor's price for the contract or contract modification, as the case may be. The exceptions stated in subsection (2), above, also shall be applicable to this requirement for subcontractor cost or pricing data. Contractors agree to include provisions in all subcontracts by which the contractor can require subcontractors to submit cost or pricing data in accordance with this subsection in support of subcontract modifications. While contractors shall be required to submit a subcontractor's certified cost or pricing data only from the prospective subcontractor most likely to be awarded the subcontract, other subcontractor quotations and information may be cost or pricing data of the contractor required to be submitted. Prospective subcontractor cost or pricing data shall be certified to be current, accurate, and complete as of the same date specified in contractors' certificates.

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P-1022206

Form 33.B Page 9 of 10 Exhibit B

13. Certificate of Current Cost or Pricing Data (DPR 3-505) (1) When cost or pricing data must be certified, a certificate substantially as set forth below shall be included in the contract file along with any award documentation required under these regulations. The offeror or contractor shall be required to submit the certificate as soon as practicable after agreement is reached on the contract price or adjustment. CERTIFICATE OF CURRENT COST OR PRICING DATA This is to certify that, to the best of my knowledge and belief, cost or pricing data as defined in the DART Procurement Regulations submitted, either actually or by specific identification, in writing, to the Contracting Officer in support of ________________________ ________*, are accurate, complete, and current as of (date) (month) (year) ______________"** This certification includes the cost or pricing data supporting any advance agreement(s) between the offeror and the Authority which are part of the proposal. Firm _______________________________________ Name ______________________________________ Title ______________________________________ Date of Execution _______________________*** (End of Certificate) *Describe the proposal, quotation, request for price adjustment or other submission involved, giving appropriate identifying number (e.g., RFP No. P-1022206) **The effective date shall be a mutually determined date prior to but as close to the date when price negotiations were concluded and the contract price was agreed to as possible. The responsibility of the offeror or contractor is not limited by the personal knowledge of the offeror's or contractor's negotiator if the offeror or contractor had information reasonably available, at the time of agreement, showing that the negotiated price is not based on accurate, complete, and current data. ***This date should be as soon after the date when the price negotiations were concluded and the contract price was agreed to as practical. (2) Although the certificate pertains to "cost or pricing data," it is not to be construed as a representation as to the accuracy of the offeror's or contractor's judgment on the estimated portion of future costs or projections. It does, however, constitute a representation as to the accuracy of the data upon which the offeror's or contractor's judgment is based. A Certificate of Current Cost or Pricing Data shall not substitute for examination and analysis of the offeror's or contractor's proposal. (3) Whenever it is anticipated that a Certificate of Current Cost or Pricing Data may be required, notice of this requirement shall be included in the solicitation. If such a certificate is required, the contract shall include a clause giving the Authority a contract right to a reduction in the price as provided in 3-506. (4) The exercise of an option at the price established in the initial negotiation in which certified cost or pricing were used does not require recertification or further submission of data.

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P-1022206

Form 33.B Page 10 of 10 Exhibit B

DALLAS AREA RAPID TRANSIT

Attachment 1 to Exhibit B - Schedule of Subcontractor(s)/Subconsultant(s) Offerors should provide information on all of their prospective subcontractor(s)/subconsultant(s) who submit bids/proposals in support of this solicitation (B-100.23A SEP 03).

Project Name: Property Management Services for DART’s Headquarters, Police Department and

Northeast Substation Buildings

Solicitation Number: P-1022206

Name of Prime Contractor:

NAMES AND ADDRESSES OF SUBCONTRACTOR(S)/SUBCONSULTANT(S)

TYPE OF WORK TO BE PERFORMED

MINORITY OR WOMAN FIRM?

(Check all that apply)

PREVIOUS YEAR'S ANNUAL GROSS

RECEIPTS NAME: ADDRESS: PHONE: FAX: E-MAIL: TAX ID #: CONTACT PERSON:

TYPE OF WORK: AGE OF FIRM:

YES □ NO □

IF YES: DBE □ OR MBE □ OR WBE □

□ less than $500K □ $500K - $2 mil. □ $2 mil. - $5 mil. □ more than $5 mil.

NAME: ADDRESS: PHONE: FAX: E-MAIL: TAX ID #: CONTACT PERSON:

TYPE OF WORK: AGE OF FIRM:

YES □ NO □

IF YES: DBE □ OR MBE □ OR WBE □

□ less than $500K □ $500K - $2 mil. □ $2 mil. - $5 mil. □ more than $5 mil.

NAME: ADDRESS: PHONE: FAX: E-MAIL: TAX ID #: CONTACT PERSON:

TYPE OF WORK: AGE OF FIRM:

YES □ NO □

IF YES: DBE □ OR MBE □ OR WBE □

□ less than $500K □ $500K - $2 mil. □ $2 mil. - $5 mil. □ more than $5 mil.

NAME: ADDRESS: PHONE: FAX: E-MAIL: TAX ID #: CONTACT PERSON:

TYPE OF WORK: AGE OF FIRM:

YES □ NO □

IF YES: DBE □ OR MBE □ OR WBE □

□ less than $500K □ $500K - $2 mil. □ $2 mil. - $5 mil. □ more than $5 mil.

NAME: ADDRESS: PHONE: FAX: E-MAIL: TAX ID #: CONTACT PERSON:

TYPE OF WORK: AGE OF FIRM:

YES □ NO □

IF YES: DBE □ OR MBE □ OR WBE □

□ less than $500K □ $500K - $2 mil. □ $2 mil. - $5 mil. □ more than $5 mil.

NAME: ADDRESS: PHONE: FAX: E-MAIL: TAX ID #: CONTACT PERSON:

TYPE OF WORK: AGE OF FIRM:

YES □ NO □

IF YES: DBE □ OR MBE □ OR WBE □

□ less than $500K □ $500K - $2 mil. □ $2 mil. - $5 mil. □ more than $5 mil.

Name/Title of Person completing this form: ___________________________________ Signature____________________________________________ Date_____________________

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P-1022206

33.206L (05/07) Page 1 of 5 Exhibit C

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT C SOLICITATION INSTRUCTIONS AND CONDITIONS

(REQUEST FOR PROPOSALS - LOCALLY FUNDED SUPPLIES/SERVICES) Table of Contents

1. Acknowledgment of Amendments to Request for Proposals (3-804.03, JUN 91) ................................................... 12. Administrative Remedies (10-102, JUN 86) .............................................................................................................. 13. Authority-Furnished Property (3-804.08, JUN 86) ..................................................................................................... 14. Award of Contract (3-804.07, FEB 04) ...................................................................................................................... 15. Cancellation of Solicitation (3-804.12, JUN 91) ......................................................................................................... 26. Confidential Data (3-804.10, FEB 96) ....................................................................................................................... 27. Discounts (3-804.06, FEB 96) ................................................................................................................................... 28. Explanation to Offerors (3-804.02, JUL 91) ............................................................................................................... 29. Late Submissions, Modifications and Withdrawals of Offers (3-804.05, FEB 04) ..................................................... 210. Minority and Woman-Owned Business Enterprise (M/WBE) Participation (B-100.17B, OCT 04) ............................. 311. Multiple or Alternate Offers Not Accepted (B-100.20A, AUG 05) .............................................................................. 412. Order of Precedence (3-804.09, JUN 86) ................................................................................................................. 413. Preparation of Offers (3-804.01, JUL 91) .................................................................................................................. 414. Pre-Proposal Conference and Questions Concerning the Solicitation (B-100.02B, AUG 04) ................................... 515. Procurement Confidentiality (B-100.22A, AUG 04) .................................................................................................... 516. Submission of Offers (3-804.04, FEB 94) ................................................................................................................. 5

1. Acknowledgment of Amendments to Request for Proposals (3-804.03, JUN 91) (a) If this solicitation is amended, then all terms and conditions, which are not modified remain unchanged. (b) Offerors shall acknowledge receipt of any amendment to this solicitation: (1) by signing and returning the amendment; or (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer; or (3) by letter or telegram. The Authority must receive the acknowledgment by the time and at the place specified for receipt of offers. 2. Administrative Remedies (10-102, JUN 86) By submission of a bid, proposal, offer, or quotation in response to this solicitation, the bidder or offeror agrees to exhaust its administrative remedies under Chapter 10 of the Authority's Procurement Regulations or the Disputes Clause of any resulting contract prior to seeking judicial relief of any type in connection with any matter related to this solicitation, the award of any contract, and any dispute under any resulting contract. 3. Authority-Furnished Property (3-804.08, JUN 86) No material, labor, or facilities will be furnished by the Authority unless otherwise provided for in the solicitation. 4. Award of Contract (3-804.07, FEB 04) (a) The contract will be awarded to that responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Authority, price and other factors considered. A responsible offeror is one who affirmatively demonstrates to the Authority that the offeror has adequate financial resources and the requisite capacity, capability, and facilities to perform the contract within the delivery period or period of performance, has a satisfactory record of performance on other comparable projects, has a satisfactory record of integrity and business ethics, and is otherwise qualified and eligible to receive award under the solicitation and laws or regulations applicable to the procurement. (b) The Authority reserves the right to accept other than the lowest offer, reject any or all offers in part or in total for any reason, to accept any offer if considered best for its interest, and to waive informalities and minor irregularities in offers received. (c) The Authority may accept any item or group of items of any offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the solicitation, offers may be submitted for any quantities less than those specified, and the Authority reserves the right to make an award on any item for a unit quantity less than the quantity offered at the unit prices offered unless the offeror specifies otherwise in the offer. (d) A written award (or acceptance of offer) which is mailed, telegraphed, or otherwise furnished to the successful

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P-1022206

33.206L (05/07) Page 2 of 5 Exhibit C

offeror within the time for acceptance specified in the solicitation shall be deemed to result in a binding contract without further action by either party. (e) The Authority may, within the time specified therein, accept any offer or part thereof, as provided in (c) above, whether or not there are negotiations subsequent to its receipt, unless the offer is withdrawn by written notice received by the Authority prior to award. If subsequent negotiations are conducted, they shall not constitute a rejection or counter offer on the part of the Authority. (f) The Authority may award a contract, based on initial offers received, without discussion of such offers. Accordingly, each initial offer should be submitted on the most favorable terms from a price and technical standpoint, which the offeror can submit to the Authority. (g) Any financial data submitted with any offer hereunder or any representation concerning facilities or financing will not form a part of any resulting contract; provided, however, that if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished hereunder is incomplete, inaccurate, or not current. 5. Cancellation of Solicitation (3-804.12, JUN 91) This solicitation may be cancelled by the Authority before or after receipt of bids or proposals (as applicable) in accordance with the provisions of Section 3-300 of DART's Procurement Regulations. 6. Confidential Data (3-804.10, FEB 96) Each offeror may clearly mark each page of the offer that contains trade secrets or other confidential commercial or financial information, which the offeror believes should not be disclosed outside the Authority. Disclosure of requested information will be determined in accordance with the Texas Open Records Act. 7. Discounts (3-804.06, FEB 96) (a) Prompt payment discounts will not be considered in evaluating offers for award, unless otherwise specified in the solicitation. However, offered discounts will be taken if payment is made within the discount period, even though not considered in the evaluation of offers. (b) In connection with any discount offered for prompt payment, time shall be computed from (1) the date of completion of performance of the services or delivery of the supplies to the carrier if acceptance is at a point of origin, or date of delivery at destination or port of embarkation if delivery and acceptance are at either of these points, or (2) the date the correct invoice or voucher is received in the office specified by the Authority, if the latter is later than the date of performance or delivery. For the purpose of computing the discount earned, payment shall be considered to have been made on the date of the Authority's check. 8. Explanation to Offerors (3-804.02, JUL 91) Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, drawings, specifications, etc., must be requested in writing from the Authority's Contracting Officer and with sufficient time allowed for a reply to reach offerors before the submission of offers. Oral explanations or instructions given before the award of any contract, at any pre-proposal conferences or otherwise, will not be binding on the Authority. Any information given to an offeror concerning an interpretation of the solicitation will be furnished to all offerors as an amendment to the solicitation, if such information is necessary to offerors in submitting offers on the solicitation or if the lack of such information would be prejudicial to uninformed offerors. 9. Late Submissions, Modifications and Withdrawals of Offers (3-804.05, FEB 04) (a) Any offer received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made, and: (1) it was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for

receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th or earlier);

(2) it was sent by mail (or telegram if authorized) and it is determined by the Authority that the late receipt was due

solely to mishandling by the Authority after receipt at the Authority's offices; (3) it was sent by U. S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than

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P-1022206

33.206L (05/07) Page 3 of 5 Exhibit C

5:00 P.M. at the place of mailing two (2) working days prior to the date specified for receipt of offers. The term "working days" excludes weekends and U. S. Federal holidays; or

(4) it is the only offer received. (b) Any modification of an offer, except a modification resulting from the Contracting Officer's request for a "best and final" offer, is subject to the same conditions as in (a)(1) and (a)(2) of this provision. (c) A modification resulting from the Contracting Officer's request for a "best and final" offer received after the time and date specified in the request will not be considered unless received before award, and the late receipt is due solely to mishandling by the Authority after receipt at the Authority's offices. (d) The only acceptable evidence to establish: (1) the date of mailing of a late offer or modification sent either by registered or certified mail is the U.S. Postal

Service postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. If neither postmark shows a legible date, the offer, modification or withdrawal shall be deemed to have been mailed late. The term "postmark" means a printed, stamped, or otherwise placed impression, exclusive of a postage meter machine impression, that is readily identifiable without further action as having been supplied and affixed on the date of mailing by an employee of the U.S. Postal Service. Therefore, offerors should request the postal clerk to place a hand cancellation bull's-eye "postmark" on both the receipt and the envelope or wrapper; and

(2) the time of receipt at the Authority is the time-date stamp of the Authority on the offer wrapper or other

documentary evidence of receipt maintained by the Authority. (3) the date of mailing of a late offer, modification, or withdrawal sent by U. S. Postal Service Express Mail Next

Day Service - Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service - Post Office to Addressee" label and the postmark on the envelope or wrapper and on the original receipt from the U. S. Postal Service. "Postmark" has the same meaning as defined in paragraph (d)(1) of this provision. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull's-eye "postmark" on both the receipt and the envelope or wrapper.

(e) Notwithstanding (a), (b), and (c) of this provision, a late modification of an otherwise successful offer which makes its terms more favorable to the Authority will be considered at any time it is received and may be accepted. (f) Offers may be withdrawn by written or telegraphic notice received in accordance with § 3-203.11 (Modification or Withdrawal of Proposals). An offer may be withdrawn in person by an offeror or his offeror's authorized representative, provided the identity of the person requesting withdrawal is established and the person signs a receipt for the offer prior to award. 10. Minority and Woman-Owned Business Enterprise (M/WBE) Participation (B-100.17B, OCT 04) (a) It is the policy of the Authority to create a level playing field and eliminate barriers to participation by Minority Business Enterprises (MBEs) and Woman-Owned Business Enterprises (WBEs), as defined in Exhibit G, in the performance of any contract awarded as a result of this solicitation. In this regard, all offerors shall take all necessary and reasonable steps to ensure that M/WBEs have a fair opportunity to compete for and perform DART contracts. The Authority and all offerors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DART contracts or subcontracts. (b) In accordance with the M/WBE Policy, the Authority has determined that there are subcontracting opportunities and has established goals for M/WBE participation in this solicitation. The offeror will be expected to meet or exceed the goals, and/or demonstrate its good faith efforts to meet them. These goals, expressed as a percentage of the total contract price, including any increases that may occur, are: (1) 25 % MBE Participation; and 5 % WBE Participation; or (2) a combination M/WBE goal which can be met by utilizing MBEs only, WBEs only, or a combination of both of:

Note: N/A denotes not applicable to this procurement.

0 % M/WBE Participation.

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P-1022206

33.206L (05/07) Page 4 of 5 Exhibit C

(c) The Authority's M/WBE requirements are set forth in Exhibit G of this solicitation. Offerors are advised to carefully review Exhibit G including the requisite forms attached thereto. Offerors should undertake necessary steps to plan to meet or exceed the stated M/WBE utilization goals well in advance of the date specified for the bid opening or receipt of proposals. (d) Offerors are advised that the issue of whether or not the offeror has met or exceeded the established goals, or demonstrated sufficient good faith efforts, is considered by the Authority a matter of the offeror's responsibility. DART will only award contracts to offerors determined to be responsible. (e) The percentage(s) agreed to between DART and the successful offeror shall be incorporated into the contract resulting from this solicitation. 11. Multiple or Alternate Offers Not Accepted (B-100.20A, AUG 05) (a) Definitions.

(1) Multiple offers means more than one offer submitted, each satisfying the specific stated requirements of the solicitation.

(2) Alternate offers means an offer submitted that may depart from the specific stated requirements of the solicitation.

(b) Unless otherwise specified in this solicitation, multiple or alternate offers shall not be accepted in response to this solicitation. All multiple or alternate offers shall be rejected; provided however, that if the offeror clearly identifies a primary offer, it shall be evaluated and considered for award as though it were the only offer submitted. 12. Order of Precedence (3-804.09, JUN 86) In the event of any inconsistency between the provisions of the solicitation (including any resulting contract), the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule; (b) Special Solicitation Instructions and Conditions; (c) Solicitation Instructions and Conditions; (d) Special Provisions; (e) General Provisions; (f) other provisions of the contract whether incorporated by reference or otherwise; and (g) the specifications or statement of work. 13. Preparation of Offers (3-804.01, JUL 91) (a) Offerors are expected to examine the Schedule, solicitation instructions, Special Provisions, General Provisions, all drawings, specifications, the statement of work, and all other provisions of, and exhibits to, the solicitation, whether incorporated by reference or otherwise, prior to the submission of offers. Failure to do so will be at the offeror's risk. (b) Each offeror shall furnish the information required by the solicitation. Offerors shall sign and print or type their name on the form provided by the Authority for submitting an offer and each continuation sheet on which they make an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent of the offeror (other than an officer or a partner of the offeror) are to be accompanied by evidence of the agent's authority (unless such evidence has been previously furnished to the Authority). (c) Pricing for the property or services offered shall be provided by offerors in the format required by the Authority. Where property is being offered, the prices offered shall include packing unless otherwise specified. In case of any discrepancy between a unit price and any extended or total price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake. (d) Offers for property or services other than those specified in the Schedule will not be considered unless specifically authorized in the solicitation. (e) The offeror must state a definite time for delivery of property or for performance of services unless otherwise specified in the solicitation. All measurements shall be in the system of weights and measures in common usage in the United States, and pricing shall be in U.S. dollars. (f) In computing any period of time for the solicitation or any resulting contract, "days" means calendar days, and the day of the event from which the designated period of time begins to run shall not be included, but the last day shall be included unless it is a Saturday, Sunday, or Federal or State of Texas holiday, in which event the period shall run to the end of the next business day.

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P-1022206

33.206L (05/07) Page 5 of 5 Exhibit C

14. Pre-Proposal Conference and Questions Concerning the Solicitation (B-100.02B, AUG 04) (a) A pre-proposal conference is scheduled for all interested parties to discuss the solicitation requirements, if so indicated on the Solicitation, Offer and Award Form. Details concerning the conference date, time and location are also provided. (b) Questions and requests for clarification relating to this solicitation, shall be submitted in writing, to the contact person identified in the Solicitation, Offer and Award Form by mail, facsimile or commercial courier, at least three (3) working days in advance of the scheduled conference to allow sufficient time for responses to be considered and prepared by the Authority. Questions concerning the solicitation that are not addressed at the conference, if one is held, shall be submitted in writing no later than five (5) working days in advance of the offer submission due date and time, which is the minimum time required for the Authority’s reply to reach offerors before the offer submission due date and time, as required by the "Acknowledgement of Amendments to the Request for Proposals" clause. Questions received less than five (5) working days in advance of the offer submission due date and time will be responded to only if the Authority determines that the question and its response would have a material and substantive impact on the solicitation. (c) Questions or requests for clarification may be submitted on the form provided as Exhibit O. 15. Procurement Confidentiality (B-100.22A, AUG 04) (a) Offerors are cautioned that until this solicitation is either awarded or cancelled, they may have contact only with the contact person identified in the Solicitation, Offer and Award Form. Discussions or communications regarding this solicitation with any other personnel associated in any capacity with the Authority, its consultants, contractors or members of its Board of Directors, are strictly prohibited, unless otherwise approved in writing by the Contracting Officer. (b) Any violation of this restriction may result in the disqualification of the offeror from further participation in this procurement, and from award of any contract or subcontract under this solicitation. 16. Submission of Offers (3-804.04, FEB 94) (a) Offers and modifications thereof shall be enclosed in sealed envelopes or sealed cartons and submitted to the Contracting Officer of the Dallas Area Rapid Transit Authority at the address specified in the solicitation. The offeror shall show the hour and date specified in the solicitation for receipt of offers, the solicitation number, and the offeror's name, address, and telephone number on the face of the envelope or carton. (b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified or withdrawn by written or telegraphic notice, provided such notice is received prior to the hour and date specified for receipt of offers. (c) Samples of items, when required, must be submitted within the time specified and, unless otherwise specified in the solicitation, at no expense to the Authority. If not destroyed by testing, samples will be returned at the offeror's request and expense, unless otherwise specified in the solicitation. (d) Each copy of the offer shall include the legal name of the offeror and a statement whether the offeror is a sole proprietorship, a corporation, or any other legal entity. An offer for a corporation shall further give the state of incorporation and have the corporate seal affixed to it.

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P-1022206

Form 33.D Page 1 of 12 Exhibit D

Dallas Area Rapid Transit Authority

EXHIBIT D SPECIAL PROVISIONS

Table of Contents 1. Additional Definitions (D-200.11A, AUG 90) .......................................................................................... 12. Ordering .................................................................................................................................................. 23. Cancellation of Items (6-203.04, FEB 04) .............................................................................................. 24. Availability of Funds (Multi-Term) (D-200.24A, JAN 02) ........................................................................ 35. Notice to Proceed (D-200.02A, MAR 02) ............................................................................................... 36. Transition/Phase-In Between the Incumbent Contractor and the New Contractor .............................. 37. Subcontracts........................................................................................................................................... 4 8. Contract Performance Period ................................................................................................................. 49. Exercise of Option (D-200.03C, JAN 02) ............................................................................................... 410. Option to Extend Services (6-303.01, FEB 04) ...................................................................................... 511. Delivery (D-200.04, JAN 02) ................................................................................................................... 512. Insurance Requirements for Supply/Services Contracts (D-200.08A, MAR 02) .................................... 513. Insurance - Work on Authority Installation (6-203.07, FEB 04) .............................................................. 714. Invoicing and Payment (D200.07A.JUN 01) ........................................................................................... 715. Communications (D-200.21B, JAN 02) .................................................................................................. 816. Contract Identification Number (D-200.21A, AUG 04) ........................................................................... 817. Protection of Authority Property (6-203.11, JUN 86) .............................................................................. 818. Warranty of Services (6-303.10, JUN 86) .............................................................................................. 819. ............................................................................................................... Contractor Inspection Reports 9 20. ........................................................................................................................................ Duty to Inform 9 21. ...................................................................................................................... Maintenance and Reports 9 22. ........................................................................................................... Emergency Service Expenditures 9 23. .................................................................................. Purchasing /Subcontracting/Competitive Bidding 9 24. ...................................................................................................................................... Payment Bond 10 25. Key Personnel ...................................................................................................................................... 11 26. Submittals ............................................................................................................................................. 11

1.

Additional Definitions (D-200.11A, AUG 90)

As used throughout this contract, the following terms shall have the meaning as set forth below. (a)

Work Day (D-200.11D, NOV 05)

“Work day” is defined as any day Monday through Friday, except Authority designated holidays. Holidays that fall on a Saturday are observed on the Friday before the holiday. Holidays that fall on a Sunday are observed the following Monday. (b)

Direct Costs

“Direct Costs” are those costs that are assignable to a specific product, primarily classified as direct labor cost, direct material cost or purchased cost. (c)

Indirect Costs

“Indirect Costs” are those costs not directly identifiable with a specific cost objective, but subject to two or more cost objectives. Examples of indirect costs are overhead or general and administrative (G&A) expenses. (d)

Profit

“Profit” is the net proceeds from selling a product or service when costs are subtracted from revenues.

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P-1022206

Form 33.D Page 2 of 12 Exhibit D

2.

Ordering

(a) The supplies and services specified in Exhibit H, Statement of Work are to be furnished under this contract and shall be initiated by internal on-line service request (workflow). The Contracting Officer and his designated representative(s) are the only individuals with the authority to place orders against this contract. (b) All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall control. (c) If mailed, an order is considered "issued" when the Authority deposits the order in the mail. (d) Additionally, orders may be issued by telephone followed by a written order, by electronic mail with an attached order, or by facsimile.

3.

Cancellation of Items (6-203.04, FEB 04)

(a) "Cancellation," as used in this clause, means that the Authority is canceling its requirements for all items in program years subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date or within the time period specified in the contract (unless a later date is agreed to) if the Contracting Officer (1) notifies the Contractor that funds are not available for contract performance for any subsequent program year or (2) fails to notify the Contractor that funds are available for performance of the succeeding program year requirement. (b) Except for cancellation under this clause or termination under the Default Clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience of the Authority Clause. (c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the contract as applicable at the time of cancellation. (d) The cancellation charge will cover only (1) costs (i) incurred by the Contractor and/or subcontractor, (ii) reasonably necessary for performance of the contract, and (iii) that would have been equitably amortized in the unit prices for the entire multiyear contract period but, because of the cancellation, are not so amortized, and (2) a reasonable profit on the costs. (e) The cancellation charge shall be computed and the claim made for it as if the claim were being made under the Termination for Convenience of the Authority Clause of this contract. The Contractor shall submit the claim promptly but no later than one year from the date (1) of notification of the nonavailability of funds, or (2) specified in the contract by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer. (f) The Contractor's claim may include -- (1) reasonable nonrecurring costs which are applicable to and normally would have been amortized

in all items to be furnished under the multiyear requirements; (2) allocable portions of the costs of facilities acquired or established for the conduct of the work, to

the extent that it is impracticable for the Contractor to use the facilities in its commercial work and if the costs are not charged to the contract through overhead and otherwise depreciated;

(3) costs incurred for the assembly, training, and transportation to and from the job site of a

specialized work force; and (4) costs not amortized by the unit price solely because the cancellation had precluded anticipated

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P-1022206

Form 33.D Page 3 of 12 Exhibit D

benefits of Contractor or subcontractor learning. (g) The claim shall not include -- (1) labor, material, or other expenses incurred by the Contractor or subcontractors for performance of

the cancelled work; (2) any cost already paid to the Contractor; (3) anticipated profit on the canceled work; or (4) for service contracts, the cost or value of the remaining useful commercial life of facilities. "Useful

commercial life" means the commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of facilities, their specialized nature, and obsolescence.

(h) This contract may include an Option Clause with the period for exercising the option limited to the date in the contract for notification that funds are available for the next succeeding program year. If so, the Contractor agrees not to include in the price for option quantities any costs of a startup or nonrecurring nature that have been fully provided for in the unit prices of the firm quantities of the program years. The Contractor further agrees that the prices offered for option quantities will reflect only those recurring costs and a reasonable profit necessary to furnish the additional option quantities. (i) Quantities added to the original contract through the Option Clause of this contract shall be included in the quantity canceled for the purpose of computing allowable cancellation charges.

4.

Availability of Funds (Multi-Term) (D-200.24A, JAN 02)

Funds are not presently available for performance under this contract beyond the current fiscal year. The Authority's obligation for performance of this contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Authority for any payment may arise for performance under this contract beyond the current fiscal year, until the Contractor receives notice of availability of funds, in writing, from the Contracting Officer.

5.

Notice to Proceed (D-200.02A, MAR 02)

The Contractor shall not proceed with any work required under this contract without a written Notice to Proceed from the Authority. Any work performed or expenses incurred by the Contractor prior to the Contractor's receipt of Notice to Proceed shall be entirely at the Contractor's risk.

6.

Transition/Phase-In Between the Incumbent Contractor and the New Contractor (as applicable)

(a) The Contractor will be required to perform a three-week transitional phase-in period with the current on-site contractor (Triad Commercial Services, LTD.) in order to ensure a smooth transfer of responsibilities and services.

(b) The Contractor shall, upon the Contracting Officer’s written notice, (1) Furnish transitional phase-in services for up to 21 days upon the notice to proceed date; and

(2) Negotiate in good faith a plan with the current on-site contractor (Triad Commercial Services,

LTD.) to determine the nature and extent of phase-in services/training to be provided at the pre-performance conference.

(c) The plan shall specify any critical requirements and a date for transferring responsibilities for each

required division of work described in the plan, subject to the Contracting Officer’s or designated representative’s approval. The Contractor shall provide a Chief Building Engineer during the

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P-1022206

Form 33.D Page 4 of 12 Exhibit D

transitional phase-in period to ensure that the services called by this contract will be maintained at the required level of proficiency and quality. Key issues to consider include:

(1) Planning the hand over by exercising its best efforts and cooperation to effect an orderly and

efficient transition;

(2) Managing the implementation of all required services outlined in the schedule and statement of work;

(3) Insuring monitoring systems and checks are in place at the end of the three-week transition;

(4) Contractor’s Operation Management Plan and Annual Budget for the Facility shall be reviewed and approved by the Authority’s personnel prior to the completion of the transition period.

(d) The Contractor shall be reimbursed on an hourly basis for phase-in labor costs (i.e., labor costs

incurred within the three week transitional period for phase-in operations) as indicated in the Price Schedule, line item 100.3 of the Base Period.

7.

Subcontracts

(a) The Contractor shall provide any contract/subcontract (or contracts, if they are for a substantially similar purpose) for cleaning, maintaining, repairing or servicing the Facility when it requires annual payments in excess of $25,000. The Contractor shall supply the Authority’s Contracting Officer with a copy of the proposed contract at the time of the pre-performance conference and shall state to the Authority the relations, if any, between the Contractor (or person or persons in control of the Contractor) and the party proposed to supply such goods or services.

(b) Unless otherwise directed by the Authority’s Contracting Officer in writing, all service subcontracts

shall: • be in the name of the Contractor and executed by the Contractor; • be assignable solely at the Authority’s option; • include a provision for cancellation thereof by the Contractor without the payment of any

premium, fee or penalty upon not more than thirty (30 days written notice), and; • require that all Contractors provide evidence of insurance pursuant to the insurance

clause in this exhibit.

(c) Unless the Authority’s Contracting Officer specifically waive such requirements, either by memorandum or as a modification to the contract, all service subcontracts shall be subject to competitive procurements under the procedures specified in this document. All annual contracts shall competitively re-bid to the market at least every three (3) years.

8.

Contract Performance Period

The term of this contract shall be for three (3) years from the date of the notice to proceed.

9.

Exercise of Option (D-200.03C, JAN 02)

(a) The Authority may exercise the option listed on the Schedule of this contract by written notice to the Contractor within the term of the contract. If feasible, the Authority shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Authority to an extension, and any absence of notice shall not affect the validity of any exercise of the option to extend the term of this contract.

(b) If the Authority exercises this option, the extended contract shall be considered to include this

option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four (4) year from the date of notice to proceed.

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P-1022206

Form 33.D Page 5 of 12 Exhibit D

10.

Option to Extend Services (6-303.01, FEB 04)

The Authority may require continued performance of any services within the limits and at the rates stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the contract. 11.

Delivery (D-200.04, JAN 02)

(a)

Multiple Delivery Sites (D-200.04D, AUG 90)

The delivery sites are located throughout the DART service area as listed in Exhibit H, Attachment 3. (b)

Delivery Days/Hours (D-200.04G, APR 05)

Unless otherwise agreed to by the parties, delivery shall occur Monday through Friday from 8:00 a.m. until 5:00 p.m. local Dallas, Texas, time, except Authority-designated holidays.

(c)

Loading Dock (D-200.04H, AUG 90)

A loading dock is available for the purpose of unloading of supplies at the DART Headquarters Building only.

(d)

Freight Elevators

There are two passenger elevators available for vertical transportation at the DART Police Headquarters Building. The DART Headquarters Building has four passenger elevators and one freight elevator.

(e)

Examination of Supplies Only Upon Delivery/Not Acceptance (D-200.04J, AUG 90)

Upon delivery of the supplies the Authority may examine the supplies for the sole purpose of identifying types and verifying quantities, but such examination shall not constitute inspection or acceptance and shall not limit the rights of the Authority under any other provision of this contract.

12.

Insurance Requirements for Supply/Services Contracts (D-200.08A, MAR 02)

(a) Required Coverage. 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 the Authority and the Contractor with limits of liability not less than those specified below. (1) Commercial Automobile Liability insurance listing DART as an additional insured and endorsed with a waiver of subrogation, 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 per occurrence. In the event the vendor will drive or take custody or control of DART‘s vehicles, the policy shall also provide physical damage coverage for non-owned autos providing limits of not less than $150,000 per vehicle with a deductible not to exceed $2,500,00. (2) Commercial General Liability insurance listing DART as an additional insured and endorsed with waiver of subrogation, providing limits of not less than $5,000,000 for bodily injury and property damage per occurrence with a general aggregate of $5,000,000 and a products and completed operations aggregate of $2,000,000. This insurance shall be primary and non-contributory. There shall not be any policy exclusions or limitations for the following: Contractual Liability covering Contractor's obligations herein Personal Injury Advertising Liability Medical Payments

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P-1022206

Form 33.D Page 6 of 12 Exhibit D

Fire Damage Legal Liability Broad Form Property Damage Liability for Independent Contractors (3) Workers' Compensation Insurance, 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 $500,000 each accident, $500,000 each employee for disease and $500,000 policy limit for disease. This insurance must be endorsed with a Waiver of Subrogation Endorsement, waiving the carrier's right of recovery under subrogation or otherwise from DART. The policy shall also be endorsed to name other interests as directed by DART. (4) A Labor and Material Payment Bond bound to the Dallas Area Rapid Transit in a sum not less than $150,000.00. (5) Crime coverage in an amount not less than $150,000 covering money, securities and property of others from theft, forgery, or disappearance by your employee acting alone or in collusion with others. This requirement must be passed down to all subcontractors working under this contract on a regular basis. (b) Certificates of Insurance. Before commencing execution of this contract, the Contractor shall e-mail Certificates of Insurance satisfactory to the Authority (or, as and when the Authority may direct, copies of the actual insurance policies) at the following address: Dallas Area Rapid Transit Authority P.O. Box 660163 Dallas, TX 75266-7244 [email protected] 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 the Authority shall be in form and content acceptable to the Authority. (c) 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 should be provided by insurance companies with a Best's Rating of A- or better. (d) Additional Insured Endorsement. The policy or policies providing Commercial General Liability, Automobile Liability and as otherwise required above shall be endorsed to name DART, their directors, officers, representatives, agents and employees as Additional Insureds as respects 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 DART. The policies shall be primary and non-contributory. (e) All policies shall be endorsed to provide notice of cancellation or non-renewal to DART by carrier, or if unavailable, Contractor must provide DART with thirty (30) days advance written notice of cancellation or non-renewal, other than cancellation for non-payment of premium which shall be ten (10) days notice to DART. Contractor must notify the DART of any material change or reduction in coverage to the Contractor’s insurance policies. (f) 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 that the amount shown above.

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P-1022206

Form 33.D Page 7 of 12 Exhibit D

(g) Deductibles. Companies issuing the insurance policies and the Contractor shall have no recourse against the Authority 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. (h) 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) (3) 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 the Authority. 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 the Authority 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 must be maintained by the Contractor for a period of not less than 1 year. All other insurance certificates for subcontractors shall be furnished to the Authority upon request. (i) 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.

13.

Insurance - Work on Authority Installation (6-203.07, FEB 04)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required in the contract. (b) Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Authority's interest shall not be effective (1) for such period as the laws of Texas prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on an installation owned or operated by, or under the control of, the Authority and shall require subcontractors to provide and maintain the insurance required in the contract. At least five days before entry of each such subcontractor's personnel on the installation, the Contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current certificate of insurance, meeting the requirements of paragraph (b) above, for each such subcontractor. 14.

Invoicing and Payment (D-200.07A, JUN 01)

(a) Invoices may be submitted once per month to: DART Accounts Payable P.O. Box 223805 Dallas, Texas 75222-3805 and shall conform to policies or regulations adopted from time to time by the Authority. Invoices shall be legible and shall contain, as a minimum, the following information: (1) the contract and order number (if any); (2) a complete itemization of all costs including quantities ordered and delivery order numbers (if any); (3) any discounts offered to the Authority under the terms of the contract; (4) evidence of the acceptance of the supplies or services by the Authority; (5) unique traceable invoice number(s); and (6) any other information necessary to demonstrate entitlement to payment under the terms of the contract.

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P-1022206

Form 33.D Page 8 of 12 Exhibit D

Failure to provide the above critical information may result in the rejection and return of the invoice for resubmission with complete data. (b) Subject to the withholding provisions of the contract, payment shall be made within 30 days after the Authority's receipt of a properly prepared invoice. 15.

Communications (D-200.21B, JAN 02)

(a) Official communications in connection with this Contract shall be in writing and delivered either personally, by facsimile, or by regular, registered or certified mail addressed to the assigned DART Contract Specialist. Telephone calls may be used to expedite communications, but they shall not be considered "official" unless confirmed in writing. (b) A communication shall be deemed to have been "received" when it is in the actual possession of the person to whom it is addressed or that person's designated agent. For purposes of fixing the date and time of actual receipt, that date and time shall be placed on the communication and become part of the communication for the record. 16.

Contract Identification Number (D-200.21A, AUG 04)

The contract number shown on the Solicitation, Offer and Award Form, shall be clearly displayed on all correspondence, invoices and submittals. 17.

Protection of Authority Property (6-203.11, JUN 86)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on or about premises owned by, or under the control of, the Authority. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Authority as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. 18.

Warranty of Services (6-303.10, JUN 86)

(a) "Acceptance," as used in this clause, means the act of an authorized representative of the Authority by which the Authority assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract. "Correction," as used in this clause, means the elimination of a defect. (b) Notwithstanding inspection and acceptance by the Authority or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor two (2) days from the inspection. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Authority does not require correction or reperformance. (c) If the Contractor is required to correct or reperform, it shall be at no cost to the Authority, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Authority thereby, or make an equitable adjustment in the contract price. (d) If the Authority does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

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P-1022206

Form 33.D Page 9 of 12 Exhibit D

19.

Contractor Inspection Reports

(a) The Contractor shall provide and maintain an internal inspection system acceptable to the Authority covering the services under this contract. Complete internal records of all inspection work performed on DART equipment by the Contractor shall be maintained on a weekly basis. (b) The Contractor shall submit a monthly summary report to the Authority’s COTR reflecting the dates and times the services were inspected by the Contractor’s own inspectors. The Authority shall approve the type and construction of all forms to be used. 20. Duty to Inform

If, at any time during the performance of this contract, the Contractor becomes aware of an actual or potential problem, fault or defect in the project or any nonconformance with any contract, document, federal, state or local law, rule or regulation, the Contractor shall give immediate written notice thereof to the Authority’s Contracting Officer. 21.

Maintenance and Repair

The Contractor shall attend to the making and supervision of all repairs, maintenance and replacements subject to the limits of the submitted and approved Operation Management Plan as required in Exhibit H, Statement of Work, Section IV Operation Services, Subsection A - Operation Management Plan. Such activities shall be performed to ensure the property is maintained and furnished in a manner consistent with, and to materially the same extent, as other properties and projects of a similar type and nature in the general area where the property is located. All such activity shall be made with as little hindrance to the operations of the Facility as reasonably possible. 22.

Emergency Services Expenditures

(a) The Contractor may be called upon to respond to conditions arising at DART facilities which shall require immediate attention that is within the general scope of work. In addition, if in the reasonable opinion of the Contractor emergency repairs are necessary to: (1) prevent damage to the facility; (2) Prevent injury to persons or damage to the property of third parties; (3) avoid the imposition of any fine or the incurring of any penalty or criminal liability; or (4) maintain services or conditions for any tenants as called for by their tenancy; and the Contractor is unable to first notify the Authority, then the Contractor shall have authority for expenditures and not necessitating the requirements in the clause titled “Purchasing/Subcontracting/Competitive Bidding”, for such emergency repairs which are in excess to the amounts included in the Contractor’s Operation Management Plan and Annual Budget for Facility, approved by the Contracting Officer. The Contractor shall notify the Authority of such emergency repairs as soon as possible thereafter. In any event, the Contractor shall notify the Authority of any such repairs by the end of the business day following the emergency and shall provide to the Authority invoices reflecting the expenses of such repairs as directed by the Authority. (b) Upon being notified verbally or in writing by the COTR, the Contractor agrees to begin performing on an emergency work order request within two (2) hours of notification and/or receipt. The number of Contractor’s personnel responding to any emergency work order must be agreed upon by the COTR and the Contractor prior to work commencing when possible. (c) Costs for emergency repairs/services will be deducted from the Price schedule under line items VIII in the Base Period and Option Period for “Unscheduled Building Maintenance, Repair, Operations and Special Projects.”

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P-1022206

Form 33.D Page 10 of 12 Exhibit D

23.

Purchasing/Subcontracting/Competitive Bidding

Except in the case of expenditures for emergency repairs as provided for in the above paragraph 22 entitled, “Emergency Services Expenditures”, a contract/subcontract for repairs, goods and services shall be awarded at no higher than prevailing market rates as determined by obtaining at least three (3) written, independent bids. For any: (1) individual purchases exceeding $2,500 but not more than $50,000, and (2) all purchases of Additional Janitorial Services under Price Schedule Items 100.4 for the Base Period and 100.3 for the Option Period and Unscheduled Building Maintenance, Repair and Special Projects under Price Schedule Items 100.5 for the Base Period and 100.4 for the Option Period exceeding $2,500 but not more than $50,000; and (3) instances in which a related or affiliated entity of the Contractor is proposed to be used, then contracts/subcontracts shall, unless otherwise required or permitted by the Authority, be solicited and awarded on the basis of competitive bidding in the following manner: (a) For purchases over $2,500 but not more than $50,000 a minimum of three (3) written, independent bids shall be required. When possible, Minority and Woman-owned Business Enterprises (M/WBE) shall be solicited in every instance pursuant to the Contractor’s obligation under Exhibit G of the contract. If M/WBE firms are not solicited then in every such case documentation shall be placed in the purchase file that explains why M/WBE firms were not solicited. (b) Each written, independent bid shall be solicited in a form approved by the COTR and Contracting Officer so that uniformity will exist in bid quotes. (c) The Contractor may accept a low, written, independent bid with prior approval from the Authority’s Contracting officer if the price is considered to be fair and reasonable. However, the Authority reserves the right to cancel any request for miscellaneous services expenditures, at no additional cost to the Authority, up to, or prior to, award of the subcontract. (d) The Contract shall not accept other than the lowest, written, independent bid without prior approval of the COTR and Contracting Officer. If the Contractor advises acceptance of other than the lowest bid, the Contractor shall adequately support in writing, its recommendation to the Contracting Officer. (e) The Authority shall be free to accept or reject any proposed subcontracting services. (f) The Contractor shall comply with DART’s Procurement rules and regulations. (g) The Contractor shall keep and retain in this Facility, file copies of (1) all solicited bids and (2) all plans and specifications, if any, relating to the work performed under such contract. The Contractor further agrees to obtain and retain in this Facility file copies of all guaranties and warranties, however, obtained, relating to such work performed. All guarantees and warranties will be turned over to the COTR and Authority’s Contracting Officer before the submission of the final invoice. 24.

Payment Bond

(a) Payment Bond. The Contractor shall provide a Payment Bond in the amount of $150,000.

(b) The surety company providing the bond must be authorized to do business in the State of Texas. The surety company shall be approved for the amount of the bond and either hold a certificate of authority from the U.S. Department of Treasury or have obtained reinsurance from a Treasury listed insurer in accordance with the requirements of Article 7.19-1, Vernon’s Texas Insurance Code, as amended. (c) The Contractor shall be required to submit the payment bond within ten (10) business days from the date of Notice of Award. The Contractor shall furnish a payment bond on the form provided herein as security for the faithful performance and completion of all requirements, including the correction of defects, the payment of all persons furnishing supplies, and all payments of taxes, fees and assessments arising from the performance of the work. The payment bond shall be payable to Dallas Area Rapid Transit.

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P-1022206

Form 33.D Page 11 of 12 Exhibit D

(d) In the case that a surety shall become insolvent, its license is revoked or suspended, or in the case of a surety approved on the basis that it is listed as an approved federal surety, that such federal approval is revoked or suspended, the Contractor, within five days after notice by the Procuring Agency, shall substitute other and sufficient surety or sureties. If the Contractor fails to do so, such failure shall be an event for default.

25.

Key Personnel

(a) The Contractor shall not remove or reassign any key personnel, without submitting a written request to and obtaining written consent from the COTR and Contracting Officer prior to taking such action. However, the Contractor shall, if requested to do so by the COTR and Contracting Officer, remove or reassign any key personnel not acceptable to the Authority. For performance of this contract the key personnel are those persons whose names are specified in the Contractor’s proposal. (b) DART Police will conduct its own background check on Contractor’s personnel assigned to the Authority’s contract including subcontractor’s employees. (c) The Contractor shall provide only qualified personnel experienced with similar tasks as described in Exhibit H, Statement of Work. (d) The Contractor’s employees shall wear uniforms identifying their company while performing work on DART premises. Subcontractors shall also wear uniforms when performing services on DART property. (e) If the Contracting Officer or his representative requests replacement of any personnel assigned to this contract, this shall be accomplished at no additional cost to the Authority. (f) Contractor shall ensure that English-speaking personnel will be present at all times under this contract. (g) Contractor is responsible for supervising its subcontractors at all times. 26.

Submittals

(a) An annual budget for the facility shall be submitted within thirty (30) days of the date of the Notice to Proceed and thereafter 15 days of the Authority’s request and shall include projected maintenance and repairs to the facility (i.e., the Contractor’s best written assessment of the cost that may be incurred on an annual basis including an explanation and a detailed breakout of expense(s).

(b) A Facility Inspection and Audit Report shall be submitted within sixty (60) days of the date of the Notice to Proceed and shall include the estimated cost(s) of any anticipated repairs to the building and the approximate timeline in which the repairs may be completed. DART will provide a preliminary report of unknown conditions.

(d) A Preventative Maintenance Schedule shall include written detailed plans to preclude system failures and should include at least the manufacturer’s preventative maintenance procedures. A Preventative Maintenance Schedule shall be submitted within thirty (30) days of the date of the Notice to Proceed for the following building systems:

i. HVAC ii. Cooling Towers iii. EMS iv. Emergency Generators v. Fire Suppression system vi. Fire Detection System vii. Plumbing Systems viii. Sump Pumps ix. Elevators x. Electrical Systems xi. Lighting Applications

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P-1022206

Form 33.D Page 12 of 12 Exhibit D

xii. Roof

(e) The Contractor shall initially submit material safety data sheets (within 30 days of the Notice to Proceed date) for any chemical products proposed to be used under the contract. Approval from the Authority’s COTR or designee shall be obtained prior to use of any chemicals. All cleaning supplies (chemicals and trash bags) shall be “eco-friendly”. Eco-friendly means earth-friendly or not harmful to the environment. This term also means using products that contribute to green living or practices that help conserve resources like water and energy. Eco-friendly products also prevent contributions to air, water and land pollution.

(f) An operation management plan shall be submitted within fifteen (15) days of the date of the Notice to Proceed and thereafter within fifteen (15) days of the Authority’s request and shall include the following at a minimum:

i. Detailed written plan that outlines how the activities specified in the Statement of Work

(SOW) shall be accomplished. ii. A narrative description of the proposed approach to the work and program/cost control (i.e.,

evaluation of bids for services over $2,500 in cost). iii. Organization of the on-site management staff and coordination with the Authority’s staff. iv. Building operations transition plan, if necessary. v. Copies of Contractor’s service contracts with sub-contractors.

(g) Within 10 days of contract award, the Contractor shall submit for DART's approval, a plan outlining all functions to be performed and their scheduled frequency. The Contractor shall use Section 12 below as a guide for the programmed maintenance plan with the work to be performed, including, but not limited to, the items listed. The Contractor shall establish a computerized database using Microsoft Access, or approved equal, that tracks the maintenance history of each and every escalator and elevator covered by this agreement. The database shall be updated as work is performed and remain current at all times. An updated copy of this data base, as well as PM sheets, service tickets, reports, etc, must be provided to the COTR at the time of invoicing. All performance functions, documentation and submittals must be complete and delivered for the invoice to be considered complete. Reports generated from this database shall be made available to the authority upon request. These reports shall include descriptions necessary for interpretation of the data.

(h) Emergency operation procedures plan shall be submitted within fifteen (15) days of the date of the Notice to Proceed and shall include, by name, the contractor’s staff and phone numbers (to include cell and/or pager numbers) listed in order of priority for contact and written directions on what the staff is expected to do in an emergency situation (including contacting the appropriate authorities, i.e., police, fire, ambulance, etc.) as directed by DART safety department.

(i) Contractor will provide DART with their QAP five (5) days after contract award. The QAP will assist

DART in measuring Contractors performance. (j) Contractor shall submit a list of green compliant products and the MSDS for these products that will

be used in the performance of this SOW within five (5) days after award or as changes occur of the servicing of these facilities, which must be approved by the COTR for compliance with city, state and federal guidelines concerning their use and application. This shall include, as required, the licensing for the use and application of said materials. Disposal of these items must also comply with all city, state and federal regulations governing the proper disposal of the products used in the performance of this SOW.

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P-1022206

Form 33.401 (11/05) Page 1 of 7 Exhibit F

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT F GENERAL PROVISIONS

(SERVICES CONTRACT) TABLE OF CONTENTS

1. Definitions (6-302.01, JUL 91) ............................................................................................................................ 12. Assignment (6-202.14, JUN 86) .......................................................................................................................... 13. Authority Designated Holidays (D-200.11E, NOV 05) .......................................................................................... 24. Changes (6-302.05, JUN 86) .............................................................................................................................. 25. Composition of Contractor (6-302.03, JUN 86) .................................................................................................. 26. Compliance with the Law (6-302.10, JUN 86) .................................................................................................... 27. Disputes (6-302.07, MAR 90) .............................................................................................................................. 28. Drawings and Other Data (6-302.08, JUN 86) .................................................................................................... 29. Equal Opportunity (6-202.15, JUN 86) ................................................................................................................ 310. Examination and Retention of Records (6-203.19, JUN 86) ............................................................................... 311. Excusable Delays (6-303.11, JUN 86) ................................................................................................................ 312. Federal, State, and Local Taxes (6-202.13, JUN 86) ......................................................................................... 413. Governing Law (6-202.18, JUN 86) .................................................................................................................... 414. Indemnification (NOV 05) ................................................................................................................................. 415. Independent Contractor (6-302.02, JUN 86) ....................................................................................................... 416. Interest of Public Officials (6-202.16, JUN 86) .................................................................................................... 417. Inspection (6-303.05, JUN 86) ............................................................................................................................ 418. Licenses and Permits (D-200.18A, FEB 91) ........................................................................................................ 519. Notice of Labor Disputes (6-203.06, JUN 86) ..................................................................................................... 520. Order of Precedence (6-202.17, JUN 86) ........................................................................................................... 521. Payment of Interest on Contractor's Claims (6-202.12, JUN 86) ........................................................................ 522. Pricing of Adjustments (6-203.01, JUN 86) ........................................................................................................ 623. Prompt Payment (F-129, NOV 99) ..................................................................................................................... 624. Publicity Releases (6-203.16, JUN 86) ............................................................................................................... 625. Removal of Contract Personnel (D-200.27, APR 03) ......................................................................................... 626. Standards of Performance (6-302.09, JUN 86) .................................................................................................. 627. Subcontractors and Outside Consultants (6-302.04, JUN 86) ............................................................................ 628. Suspension of Work (6-302.12, JUN 86) ............................................................................................................ 629. Termination (6-302.06, JUN 86) ......................................................................................................................... 7

1.

Definitions (6-302.01, JUL 91)

As used throughout this contract, the following terms shall have the meaning set forth below: (a) The term "the Authority" means the Dallas Area Rapid Transit Authority; and the term "duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized in writing to act for the Authority. (b) The term "Contracting Officer" means the person executing this contract on behalf of the Authority or his duly appointed successor; and the term includes, except as otherwise provided in this contract, the authorized representative of the Contracting Officer acting within the limits of his authority. (c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract. (d) In computing any period of time established under this contract, "days" means calendar days, and the day of the event from which the designated period of time begins to run shall not be included, but the last day shall be included unless it is a Saturday, Sunday, or Federal or State of Texas holiday, in which event the period shall run to the end of the next business day. 2.

Assignment (6-202.14, JUN 86)

The Contractor shall not assign the whole or any part of this contract or any monies due or to become due hereunder without the prior written consent of the Contracting Officer.

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P-1022206

Form 33.401 (11/05) Page 2 of 7 Exhibit F

3.

Authority Designated Holidays (D-200.11E, NOV 05)

The Authority designated holidays are: New Year’s Day (January 1); Martin Luther King, Jr., Day (third Monday in January); Presidents' Day (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Thanksgiving Day (fourth Thursday in November); the day after Thanksgiving (fourth Friday in November); and Christmas Day (December 25). Holidays that fall on a Saturday are observed on the Friday before the holiday. Holidays that fall on a Sunday are observed the following Monday. 4.

Changes (6-302.05, JUN 86)

(a) The Contracting Officer may, at any time, by written order, make changes within the general scope of the contract in the services to be performed. If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of any services under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. Any claim of the Contractor for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Contractor of the notification of change unless the Contracting Officer grants a further period of time before the date of final payment under the contract. (b) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Contracting Officer. 5.

Composition of Contractor (6-302.03, JUN 86)

If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 6.

Compliance with the Law (6-302.10, JUN 86)

The Contractor shall perform all work hereunder in compliance with all applicable federal, state, and local laws and regulations. The Contractor shall use only licensed personnel to perform work required by law to be performed by such personnel. 7.

Disputes (6-302.07, MAR 90)

(a) Except as otherwise provided in this contract, any dispute concerning a question of fact or law arising under or related to this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, on or before the 90th day from the date of receipt of such copy, the Contractor mails or otherwise furnishes a written appeal addressed to the Authority. The decision of the Authority or its duly authorized representative on such appeal shall be final and conclusive as to questions of fact unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. The decision of the Authority or its duly authorized representative shall not be final and conclusive as to questions of law. No action challenging such decision shall be brought more than two years from the date of the Contractor's receipt of such decision. In connection with any appeal of the Contracting Officer's decision, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending the final resolution of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) If it is determined, on appeal, that the Contracting Officer's interpretation of the contract, direction to the Contractor, or any other action required by the Contracting Officer's decision was an erroneous determination of the rights and obligations of the parties under the contract, the Contractor's remedy shall be the same as if such action were a change order under the Changes Clause of this contract. 8.

Drawings and Other Data (6-302.08, JUN 86)

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Authority and may be used in any manner by the Authority and without additional compensation to the Contractor. The Authority shall be considered the "person for whom the work was prepared" for the purpose of

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Form 33.401 (11/05) Page 3 of 7 Exhibit F

authorship in any copyrightable work under Section 201(b) of Title 17, United States Code. With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights or establish any claim under the design patent or copyright laws. The Contractor, for a period of three years after completion of the project, agrees to retain all works developed in the performance of the contract and to furnish all retained works to the Authority on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all works beyond such period. 9.

Equal Opportunity (6-202.15, JUN 86)

During the performance of this contract, the Contractor agrees that it will, in good faith, afford equal opportunity required by applicable federal, state, or local law to all employees and applicants for employment without regard to race, color, religion, sex, handicapping conditions, or national origin. The Contractor further agrees to afford equal opportunity required by applicable federal, state, or local law to subcontractors and vendors which are "disadvantaged business enterprises" or "women owned enterprises" (both as defined by federal law or regulation in effect on the date of this contract). The Contractor agrees to insert the substance of this clause in all subcontracts and purchase orders. 10.

Examination and Retention of Records (6-203.19, JUN 86)

(a) The Contracting Officer and his representatives shall have the audit and inspection rights described in the applicable paragraphs (b) and (c), below. (b) If this is a cost-reimbursement type, incentive, time and materials, labor hour, or price redeterminable contract, or any combination thereof, the Contractor shall maintain, and the Contracting Officer and his representatives shall have the right to examine, all books, records, documents, and other evidence and accounting procedures and practices sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract. Such right of examination shall include inspection at all reasonable times at the Contractor's plants, or such parts thereof, as may be engaged in or maintain records in connection with the performance of this contract. (c) If the Contractor submitted certified cost or pricing data in connection with the pricing of this contract or if the Contractor's cost of performance is relevant to any change or modification to this contract, the Contracting Officer and his representatives shall have the right to examine all books, records, documents, and other data of the Contractor related to the negotiation, pricing, or performance of such contract, change, or modification for the purpose of evaluating the costs incurred and the accuracy, completeness, and currency of the cost or pricing data submitted. The right of examination shall extend to all documents necessary to permit adequate evaluation of the costs incurred and the cost or pricing data submitted, along with the computations and projections used therein. (d) The materials described in (b) and (c), above, shall be made available at the office of the Contractor at all reasonable times for inspection, audit, or reproduction until the expiration of three (3) years from the date of final payment under this contract, except that: (1) if this contract is completely or partially terminated, the records relating to the work terminated shall be made

available for a period of three (3) years from the date of any final settlement; and (2) records which relate to appeals under the Disputes Clause of this contract or litigation, or the settlement of

claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been resolved.

(e) The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (e), in all subcontracts exceeding $10,000 hereunder, altered to reflect the proper identification of the contracting parties and the Contracting Officer under the prime contract. 11.

Excusable Delays (6-303.11, JUN 86)

(a) Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Authority in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. "Default" includes failure to make progress in the work so as to endanger performance.

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Form 33.401 (11/05) Page 4 of 7 Exhibit F

(b) If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor and without the fault or negligence of either, the Contractor shall not be deemed to be in default, unless - (1) the subcontracted supplies or services were obtainable from other sources; (2) the Contracting Officer ordered the Contractor in writing to purchase these supplies or services from the other

source; and (3) the Contractor failed to comply reasonably with this order. (c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the Authority under the Termination Clause of this contract. 12.

Federal, State, and Local Taxes (6-202.13, JUN 86)

The contract price includes all applicable federal, state, and local taxes and duties. The Authority is exempt from Texas state and local sales and use taxes, and any such taxes included on any invoice or voucher received by the Authority shall be deducted from the amount of the invoice or voucher for purposes of payment. 13.

Governing Law (6-202.18, JUN 86)

The rights, obligations, and remedies of the parties shall be governed by the laws of the State of Texas. Whenever there is no applicable state statute or decisional precedent governing the interpretation of, or disputes arising under or related to, this contract, then federal common law, including the law developed by federal boards of contract appeals, the United States Claims Court (formerly the Court of Claims), and the Comptroller General of the United States, shall govern. Venue for any action shall lie exclusively in Dallas County, Texas. This is the complete agreement between the parties. If any provision of the contract is found to be invalid or unenforceable, the remaining provisions shall not be impaired. 14.

Indemnification (NOV 05)

The Contractor shall fully indemnify and hold harmless the Authority and all of its directors, officers, employees, and agents from any and all contractual and negligence claims, demands, causes of action, damages, losses, and expenses (including attorney's fees) of whatsoever nature, character, or description that any person or entity has or may have arising out of or related to the breach of or failure to perform the contract or any subagreements thereunder or resulting from any negligent act, omission, misconduct, or fault of the Contractor or subcontractors and their employees and agents. 15.

Independent Contractor (6-302.02, JUN 86)

The Contractor at all times shall be an independent contractor. The Contractor shall be fully responsible for all acts and omissions of its employees, subcontractors, and their suppliers, and shall be specifically responsible for sufficient supervision and inspection to ensure compliance in every respect with the contract requirements. There shall be no contractual relationship between any subcontractor or supplier of the Contractor and the Authority by virtue of this contract. No provision of this contract shall be for the benefit of any party other than the Authority and the Contractor. 16.

Interest of Public Officials (6-202.16, JUN 86)

The Contractor represents and warrants that no employee, official, or member of the Board (Executive Committee) of the Authority is or will be pecuniarily interested or benefited directly or indirectly in this contract. The Contractor further represents and warrants that it has not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any employee, official, or member of the Board (Executive Committee) of the Authority with a view toward securing favorable treatment in the awarding, amending, or evaluating the performance of this contract. For breach of any representation or warranty in this clause, the Authority shall have the right to annul this contract without liability and/or have recourse to any other remedy it may have at law. 17.

Inspection (6-303.05, JUN 86)

(a) "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

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Form 33.401 (11/05) Page 5 of 7 Exhibit F

(b) The Contractor shall provide and maintain an inspection system acceptable to the Authority covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Authority during contract performance and for as long afterwards as the contract requires. (c) The Authority has the right to inspect and test all services called for by the contract, to the extent practicable, at all times and places during the term of the contract. The Authority shall perform inspections and tests in a manner that will not unduly delay the work. (d) If any of the services do not conform with contract requirements, the Authority may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Authority may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. (e) If the Contractor fails promptly to perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Authority may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Authority that is directly related to the performance of such service or (2) terminate the contract for default. 18.

Licenses and Permits (D-200.18A, FEB 91)

The Contractor shall, without additional expense to the Authority, be responsible for obtaining any necessary licenses, permits, and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to the performance of the work or to the products or services to be provided under this contract including, but not limited to, any laws or regulations requiring the use of licensed contractors to perform parts of the work. 19.

Notice of Labor Disputes (6-203.06, JUN 86)

(a) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor immediately shall give notice, including all relevant information, to the Contracting Officer. (b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract under which a labor dispute may delay the timely performance of this contract; except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or the Contractor, as the case may be, of all relevant information concerning the dispute. 20.

Order of Precedence (6-202.17, JUN 86)

In the event of any inconsistency between the provisions of the solicitation (including any resulting contract), the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule; (b) Special Solicitation Instructions and Conditions; (c) Solicitation Instructions and Conditions; (d) Special Provisions; (e) General Provisions; (f) other provisions of the contract whether incorporated by reference or otherwise; and (g) the specifications or statement of work. 21.

Payment of Interest on Contractor's Claims (6-202.12, JUN 86)

(a) If an appeal is filed by the Contractor from a final decision of the Contracting Officer under the Disputes Clause of this contract, denying a claim arising under the contract, simple interest on the amount of the claim finally determined to be owed by the Authority shall be payable to the Contractor. Such interest shall be at the rates determined by the United States Secretary of the Treasury from time to time pursuant to Public Law 92-41, 85 Stat. 97, from the date the Contractor furnishes to the Contracting Officer his written appeal under the Disputes Clause of this contract, to the date of (1) a final judgment by a court of competent jurisdiction, or (2) mailing to the Contractor of a supplemental agreement for execution either confirming completed negotiations between the parties or carrying out a decision of the Authority or its duly authorized representative. In no event shall the interest charged or payable hereunder exceed that allowable under Texas law. (b) Notwithstanding (a), above, (1) interest shall be applied only from the date payment was due, if such date is later than the filing of appeal, and (2) interest shall not be paid for any period of time that the Contracting Officer determines the Contractor has unduly delayed in pursuing his remedies under this contract or before a court of competent jurisdiction.

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Form 33.401 (11/05) Page 6 of 7 Exhibit F

22.

Pricing of Adjustments (6-203.01, JUN 86)

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes Clause or any other provision of this contract, such costs shall be in accordance with Chapter 7 (Cost Principles) of the Authority's Procurement Regulations in effect on the date of this contract. 23.

Prompt Payment (F-129, NOV 99)

The Contractor agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 (ten) calendar days from receipt of each payment the prime receives from the Authority. The Contractor agrees further to release retainage payments (if applicable) to each subcontractor within ten (10) calendar days after the subcontractor's work is satisfactorily completed and final payment has been made to the subcontractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval from the Contracting Officer. 24.

Publicity Releases (6-203.16, JUN 86)

All publicity releases or releases of reports, papers, articles, maps, or other documents in any way concerning this contract or the work hereunder which the Contractor or any of its subcontractors desires to make for purposes of publication in whole or in part, shall be subject to approval by the Contracting Officer prior to release. 25.

Removal of Contract Personnel (D-200.27, APR 03)

(a) The Contractor and any subcontractor acknowledge that any person assigned to work under this Contract must perform their duties so as to not unduly impair contract performance. By assigning a person to work under this Contract, the Contractor agrees to be responsible for the behavior of that person during contract performance. (b) The Contractor acknowledges that the Authority has the right to require the removal of any Contractor or subcontractor employee that the Contracting Officer determines, at his sole discretion, to be negatively effecting performance of work under the contract. Examples of such behavior include: (1) conduct which poses a threat to the safety of anyone working under the contract; (2) conduct which is disruptive to contract performance; (3) careless work performance; and (4) other behavior determined by the Contracting Officer to be objectionable or unduly hindering contract performance. (c) Upon receipt of written notice from the Contracting Officer that a person’s behavior is unduly impairing contract performance, the Contractor agrees to remove that person from doing any further work on the contract, and to cause that person to be removed from the worksite. The Contractor agrees that it is not entitled to any additional costs it may incur as a result of the removal of the person named by the Contracting Officer. 26.

Standards of Performance (6-302.09, JUN 86)

The Contractor shall perform all services required by this contract in accordance with high professional standards prevailing in the Contractor's field of work. 27.

Subcontractors and Outside Consultants (6-302.04, JUN 86)

Any subcontractors and outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to such individuals or firms as were specifically identified and agreed to by the Authority in connection with the award of this contract. Any substitution in such subcontractors, associates, or consultants will be subject to the prior approval of the Contracting Officer. 28.

Suspension of Work (6-302.12, JUN 86)

(a) The Contracting Officer may order the Contractor in writing to suspend all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Authority. (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended or delayed by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension or delay, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension or

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Form 33.401 (11/05) Page 7 of 7 Exhibit F

delay to the extent (1) that performance would have been suspended or delayed by any other cause, including the fault or negligence of the Contractor, or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. (c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension or delay, but not later than the date of final payment. No part of any claim based on the provisions of this clause shall be allowed if not supported by adequate evidence showing that the cost would not have been incurred but for a delay within the provisions of this clause. 29.

Termination (6-302.06, JUN 86)

(a) The Contracting Officer may, by written notice to the Contractor, terminate this contract in whole or in part at any time, either for the Authority's convenience or because of the failure of the Contractor to fulfill its contract obligations. Upon receipt of such notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this contract, whether completed or in process. (b) If the termination is for the convenience of the Authority and if this is a fixed price contract, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. (c) If the termination is due to the failure of the Contractor to fulfill its contract obligations, the Authority may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the Authority for any additional cost occasioned to the Authority thereby. (d) If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Authority. In such event, adjustment in the contract price shall be made as provided in paragraph (b) of this clause. (e) The rights and remedies of the Authority provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Time is of the essence for all delivery, performance, submittal, and completion dates in this contract.

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P-1022206

Form 33.213 (09/04) Page 1 of 10 Exhibit G

For assistance in identifying subcontracting opportunities or with questions concerning the provisions in this Exhibit ONLY, contact Gabriel Beltran at (214) 749-3542 in the Diversity and Economic Opportunity Department.

DALLAS AREA RAPID TRANSIT AUTHORITY

EXHIBIT G MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE PROVISIONS

(LOCALLY FUNDED CONTRACTS) Table of Contents

1. Definitions and Interpretations (M-111, AUG 04)................................................................................................ ....... 1 2. Certification of MWBEs (M-116, AUG 04)................................................................................................ .................. 2 3. Banks and Financial Institutions (M-109, AUG 04)................................................................................................ .... 2 4. Offeror's MWBE Obligation (M-112, AUG 04) ................................................................................................ ........... 2 5. Credit Toward Goals (M-114, AUG 04)...................................................................................................................... 2 6. Demonstration of Good Faith Effort (M-115, AUG 04)............................................................................................... 4 7. Submission of MWBE Utilization Forms and Related Documentation (M-113, AUG 04)................................ .......... 5 8. MWBE Modifications or Substitutions (M-117, AUG 04) ................................................................ ........................... 6 9. Payment Documentation (M-118, AUG 04) ................................................................................................ ............... 6

10. Sanctions for Noncompliance with the Authority's MWBE Program Provisions (M-120, AUG 04) ........................... 7INTENT TO PERFORM AS A SUBCONTRACTOR ................................................................................................ ...... 8 VENDOR PAYMENT REPORT ................................................................................................................................... 10

1. Definitions and Interpretations (M-111, AUG 04) (a) "Minority Business Enterprise," or "MBE," is a business: (1) which is at least 51 percent owned by one or more minority persons, or in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and (2) whose management and daily business operations are controlled by one or more of the minority persons who own it. (b) "Minority Person(s)" are those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are: (1) "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; (2) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese cultures or origin, regardless of race; (3) "Native Americans," which includes persons who are American Indians; (4) "Asian-Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands, Republic of Palau, the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong; (5) "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal, or Sri Lanka. (c) "Woman-Owned Business Enterprise," or "WBE," is a business: (1) which is at least 51 (fifty-one) percent owned by a woman or women, or, in the case of any publicly-owned business, at least 51 (fifty-one) percent of the stock is owned by one or more women; and (2) whose management and daily business operations are controlled by one or more of the women who own it. (d) "Control" is the primary power to direct the management of a business enterprise - specifically, the minority or woman owner(s) must possess the power and ability to direct or cause the direction of the management and policies of the firm, and to make the day-to-day, as well as major, decisions on matters of management, policy and operations. (e) "MWBE" refers to a certified minority and/or woman-owned business enterprise. (f) "Good Faith Efforts" are efforts to achieve an MWBE goal or other requirements, which by their scope, intensity and appropriateness to the objective, can reasonably be expected to fulfill the MWBE program guidelines.

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P-1022206

Form 33.213 (09/04) Page 2 of 10 Exhibit G

(g) "Certification" means the certification of a firm as an MWBE by the North Central Texas Regional Certification Agency (NCTRCA) or the South Central Texas Regional Certification Agency (SCTRCA). 2. Certification of MWBEs (M-116, AUG 04) (a) A prospective MWBE that is not certified by the North Central Texas Regional Certification Agency (NCTRCA) or the South Central Texas Regional Certification Agency (SCTRCA), must submit a certification application and the appropriate forms to the NCTRCA. Application forms may be obtained from the Authority's DEO Department or the NCTRCA at www.nctrca.org. All such firms shall cooperate in supplying additional information as requested by the NCTRCA or the Authority's Diversity and Economic Opportunity (DEO) Department. NCTRCA is a regional certification agency that was created to perform centralized certification services for MWBEs in the Dallas/Fort Worth area. The Authority will rely upon the certification of the NCTRCA to determine the eligibility of the MWBE firms. However, the Authority's DEO Department reserves the right to certify eligible MWBEs. (b) Bona fide minority group membership shall be established on the basis of the individual's claim that he or she is a member of a minority group and is so regarded by the particular minority community. The MWBE firm should be prepared to provide, upon request, appropriate documentation, e.g., tribal rolls, birth certificates, visas, passports, etc., necessary to clearly support its claim of minority or gender status. (c) The certification eligibility of an MWB certified joint venture will be determined on a project-by-project basis by the Authority's DEO Department. Appropriate forms to apply for MWBE certification are available from the Authority's DEO Department or the NCTRCA. (d) Information concerning MWBEs currently certified through the NCTRCA may be obtained from the Authority's DEO Department. Notwithstanding other MWBE certification or registration, firms identified to participate as MWBEs on Authority contracts are subject to the certification review process. Offerors are reminded that only certified MWBEs may participate in Authority contracts in such capacities. If offerors propose using an MWBE not currently certified, it is strongly urged that the Authority's DEO Department be contacted well in advance of the date set for receipt of offers in order to enable review of the proposed MWBE's eligibility. 3. Banks and Financial Institutions (M-109, AUG 04) The offeror/Contractor is encouraged to utilize the services of disadvantaged, minority and woman-owned banks and financial institutions. The identity of such banks is available, upon request, from the Authority's DEO Department. Companies are encouraged to contact the DEO Department for a listing of these banks and financial institutions. 4. Offeror's MWBE Obligation (M-112, AUG 04) The offeror agrees to ensure that MWBEs have a fair opportunity to participate in the performance of this contract. The offeror shall take all necessary and reasonable steps to remove barriers to MWBEs' opportunity to compete for and to perform work under any contract awarded as a result of this solicitation. 5. Credit Toward Goals (M-114, AUG 04) (a) When an MWBE participates in a contract, the Authority will count only the value of the work actually performed by the MWBE toward MWBE goals. (1) The Authority will count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a) (2) of this section) that is performed by the MWBE's own forces. Include the cost of supplies and materials obtained by the MWBEs for the work of the contract, including supplies purchased or equipment leased by the MWBE (except supplies and equipment the MWBE subcontractor purchases or leases from the prime contractor or its affiliate). (2) The Authority will count the entire amount of fees or commissions charged by an MWBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a locally funded contract, toward MWBE goals, provided that the fees are reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The Authority will count only the value of the work subcontracted to an MWBE subcontractor from an MWBE subcontractor toward the goal. The Authority will not count the work that an MWBE subcontracts to a non-MWBE firm toward MWBE goals.

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P-1022206

Form 33.213 (09/04) Page 3 of 10 Exhibit G

(b) With respect to a joint venture, the Authority will count only that portion of an MWBE's participation in the total dollar value of the contract that the MWBE performs with its own forces toward the goal. (c) The Authority will count only expenditures to an MWBE contractor toward MWBE goals if the MWBE is performing a commercially useful function. (1) AN MWBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function the MWBE must also be responsible for the materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. The Authority will determine whether an MWBE is performing a commercially useful function by evaluating the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing, and the MWBE credit claimed for its performance of the work and other relevant factors. (2) An MWBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of MWBE participation. In determining whether an MWBE is such an extra participant, the Authority will examine similar transactions, particularly those in which MWBEs do not participate. (3) If an MWBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the MWBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Authority will presume that it is not performing a commercially useful function. (4) When an MWBE is presumed not to be performing a commercially useful function as provided in paragraph (c)(3) of this section, the MWBE may present evidence to rebut this presumption. The Authority may then determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices. (d) The Authority will use the following factors in determining whether an MWBE trucking company is performing a commercially useful function: (1) The MWBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting MWBE goals. (2) The MWBE must own and operate at least one fully licensed, insured and operational truck used on the contract. (3) The MWBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures and operates using drivers it employs. (4) The MWBE may lease trucks from another MWBE firm, including an owner-operator who is certified as an MWBE. The MWBE who leases trucks from another MWBE receives credit for the total value of the transportation services the lessee MWBE provides on the contract. (5) The MWBE may also lease trucks from a non-MWBE firm including an owner-operator. The MWBE who leases trucks from a non-MWBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The MWBE does not receive credit for the total value of the transportation services provided by the lessee since these services are not provided by an MWBE. (e) The Authority will count expenditures with MWBEs for materials or supplies toward MWBE goals as provided in the following: (1)(i) If the materials or supplies are obtained from an MWBE manufacturer, count 100 percent of the cost of the materials or supplies toward MWBE goals. (ii) For purposes of this paragraph (e)(1), a manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises, the materials, supplies, articles or equipment required under the contract and of the general character described by the specifications.

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P-1022206

Form 33.213 (09/04) Page 4 of 10 Exhibit G

(2)(i) If the materials or supplies are purchased from an MWBE regular dealer count 60 percent of the cost of the materials or supplies toward MWBE goals. (ii) For purposes of this section, a regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock and regularly sold or leased to the public in the usual course of business. (A) To be a regular dealer, the firm must be an established, regular business that engages as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating or maintaining a place of business as provided in this paragraph (e)(2)(ii), if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. (C) Packagers, brokers, manufacturers, representatives or other persons who arrange or expedite transactions are not regular dealers within the meaning of this paragraph (e)(2). (3) With respect to materials or supplies purchased from an MWBE which is neither a manufacturer nor a regular dealer, the Authority will count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site toward MWBE goals, provided the fees are reasonable and not excessive as compared with fees customarily allowed for similar services. The Authority will not count any portion of the cost of the materials and supplies themselves toward MWBE goals. (f) The Authority will not count the participation of an MWBE subcontractor toward the prime contractor's MWBE achievements or overall goal until the amount being counted toward the goal has been paid to the MWBE. 6. Demonstration of Good Faith Effort (M-115, AUG 04) (a) If an offeror does not meet the MWBE goals, it shall nevertheless be eligible for award of the contract if it can demonstrate to the Contracting Officer that it has made a good faith effort to meet the MWBE goals. This good faith effort documentation should be submitted when the initial response to the Authority's solicitation is due. All contractors, including MWBE contractors, are required to submit good faith efforts documentation, if necessary. In evaluating an offeror’s good faith effort submission, the Authority will only consider those documented efforts that occurred prior to the good faith efforts determination. (b) In the event that a firm submitted by an offeror in accordance with the requirements of Submission of MWBE Utilization Forms and Related Documentation (M-113) provision cannot be certified in accordance with Certification of MWBEs (M-116) provision, the offeror will be notified and given an opportunity to substitute that firm with another MWBE firm. The offeror will have 10 (ten) calendar days from the date of notification to accomplish the substitution. In the event the offeror is unable to contract with another substitute MWBE firm, the good faith efforts that the offeror made in attempting to contract with a substitute MWBE firm must be documented to the Contracting Officer at the end of the same 10 (ten) calendar day period. (c) In making a determination that the offeror made a good faith effort to meet the MWBE goals, the offeror shall furnish to the Contracting Officer, as part of its MWBE utilization information provided under Submission of MWBE Utilization Forms and Related Documentation (M-113) provision, specific documentation concerning the steps it has taken to obtain MWBE participation. By way of illustration and not limitation, the Contracting Officer will consider the following information: (1) Whether the offeror attended any pre-bid or pre-proposal meetings scheduled by the Authority to discuss, among other matters, MWBE participation opportunities and acknowledged receipt of MWBE certified vendor lists; (2) Whether the offeror advertised in general circulation, trade association, and/or minority/women-focused media concerning subcontracting opportunities; (3) Whether the offeror provided written notice to a reasonable number of MWBEs that their interest in the contract was being solicited in sufficient time to allow MWBEs to participate effectively; (4) Whether the offeror followed up initial solicitations of interest by contacting MWBEs to determine with certainty

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P-1022206

Form 33.213 (09/04) Page 5 of 10 Exhibit G

whether the MWBEs were interested; (5) Whether the offeror selected portions of the work to be performed by MWBEs in order to increase the likelihood of meeting the MWBE goals (including, where appropriate, breaking down the contract into economically feasible subcontracts to facilitate MWBE participation); (6) Whether the offeror provided interested MWBEs with adequate information about the specifications and/or statement of work and requirements of the contract; (7) Whether the offeror negotiated in good faith with interested MWBEs regarding their capabilities and, not rejecting MWBEs as unqualified without sound reasons based on a thorough investigation, price, using good business judgment and not rejecting reasonable quotes from interested MWBE firms; (8) Whether the offeror negotiated in good faith with interested MWBEs regarding price, using good business judgment and not rejecting reasonable quotes from interested MWBE firms; (9) Whether the offeror made efforts to assist interested MWBEs in obtaining bonding, lines of credit, insurance, etc., as required by DART or the offeror; (10) Whether the offeror made efforts to assist interested MWBEs in obtaining necessary equipment, supplies, materials, or related assistance or services; (11) Whether the offeror effectively used the services of available minority and women community organizations; contractor groups; local, State, and Federal business assistance offices; and other organizations that provide assistance in the identification of MWBEs; (12) Whether the offeror obtained written documentation from a bona fide surety company indicating that bonding was denied and for what reason(s) prior to the MWBE being rejected as a potential subcontractor for failing to obtain offeror-required bonding. Documentation furnished by a surety company will be subject to verification by DART; and (13) Whether other offerors have attained a sufficient level of MWBE participation to meet the contract goals. (d) The Contracting Officer will look not only at the different kinds of efforts that the offeror has made, but also the quantity and intensity of those efforts. Efforts that are merely pro forma are not good faith efforts to meet the goals (even if they are sincerely motivated) if, given all relevant circumstances, the offeror's efforts could not reasonably be expected to produce a level of MWBE participation sufficient to meet the goals. (e) Offerors are reminded that the issue of whether or not the offeror has met or exceeded the established goals and/or demonstrated good faith efforts is considered a matter of the offeror's responsibility. The Contracting Officer will only award contract(s) to offerors determined to be responsible. The Contracting Officer, after affording the Authority's DEO Department an opportunity to make a recommendation, shall be responsible for determining the sufficiency of an offeror's good faith efforts to meet the contract goals. (f) An offeror that the Contracting Officer determines is not responsible may request administrative review and reconsideration under the Authority's Procurement Regulations. As part of any reconsideration, if requested, the offeror may elect to meet in person with the Reconsideration Official (President/Executive Director of the Authority) to discuss credit toward meeting the MWBE goal or whether the offeror made adequate good faith efforts. 7. Submission of MWBE Utilization Forms and Related Documentation (M-113, AUG 04) (a) Each offeror should submit to the Authority an executed Intent to Perform As a Subcontractor form (Attachment 1) for each proposed MWBE subcontractor and other documentation required by the solicitation when the initial response to the Authority's solicitation is due. (b) The Intent to Perform As A Subcontractor form for each proposed MWBE subcontractor shall constitute a representation by the offeror to the Authority that it believes such firm is certified as an MWBE, and is ready, willing, and able to perform the work indicated. It shall also represent a commitment by the offeror that if it is awarded the contract, it will enter into a subcontract with such MWBE firm for the work described at the approximate price set forth in the Intent to Perform As A Subcontractor form. (c) If the MWBE subcontractor participation changes after the forms have been submitted, but prior to award of the

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P-1022206

Form 33.213 (09/04) Page 6 of 10 Exhibit G

contract, the offeror will be required to immediately notify the Contracting Officer of the changed amount and the reason(s) for the change. Modifications and/or substitutions of any MWBE firm shall be in accordance with the MWBE Modifications or Substitutions (M-117) provision of this Exhibit. (d) Except as authorized by the Contracting Officer, the successful offeror shall enter into formal agreements with the MWBE firms shown in the submitted Intent to Perform As A Subcontractor form(s) within ten (10) business days after receipt of a contract executed by the Contracting Officer. The successful offeror (Contractor) shall provide the Contracting Officer two copies of each agreement within three (3) business days of execution. (e) If an offeror is an MWBE and lists itself on the Intent to Perform As A Subcontractor form, it is required to perform the work indicated with its own work force. 8. MWBE Modifications or Substitutions (M-117, AUG 04) This provision applies to all modifications and substitutions under this contract. The Contractor will be required to comply with this provision to the extent needed to achieve the MWBE goals agreed to at the time of contract award. (a) If a prime contractor wishes to terminate or substitute an MWBE subcontractor listed as fulfilling its contract goal, and then performs the work of the terminated MWBE subcontractor with its own forces, an affiliate, a non-MWBE subcontractor or with another MWBE subcontractor, it must submit written documentation prior to the termination or substitution of the MWBE subcontractor to the Contracting Officer. This will include any changes to items of work, material, services, or MWBE firms that differ from those identified on the Intent to Perform As A Subcontractor form(s) on file with the Contracting Officer. The offeror/Contractor must provide any and all documentation and information as may be requested with respect to the requested change. (b) The offeror's/Contractor’s documentation shall include the specific reason(s) for the proposed change. Specific reasons that are acceptable include, but are not limited to: the MWBE was not able to perform; the MWBE was unable to produce acceptable work; and/or the MWBE has submitted an unreasonable escalation in price. In the case of an MWBE subcontractor being substituted by another MWBE subcontractor, the Contractor should include the name, address, certification number and principal office of the proposed MWBE firm. After providing an opportunity to the DEO Department to make a recommendation, the Contracting Officer will approve or disapprove the change. (c) If the change involves a subcontractor substitution, the offeror/Contractor must make good faith effort to replace one MWBE with another MWBE. The substitute MWBE firm must be certified by the NCTRCA, SCTRCA or the DEO Department in order for the offeror/Contractor to receive credit toward fulfilling its MWBE participation goal for the contract. In the event that the offeror/Contractor is unable to contract with another MWBE firm, good faith effort documentation must be provided to the Contracting Officer describing the unsuccessful attempts to locate a substitute MWBE. In all situations, the Contractor may not terminate or substitute an MWBE subcontractor without the prior written consent of the Contracting Officer. (d) The offeror/Contractor must submit a new Intent to Perform as a Subcontractor form for the substitute MWBE firm(s) with the request for change, to verify that the new MWBE firm(s) is certified by NCTRCA, SCTRCA or the DEO Department. The Contracting Officer shall notify the offeror/Contractor in writing of his decision as expeditiously as possible. If the contract has been awarded and the Contracting Officer approves the proposed substitution in writing, the Contractor shall provide a copy of the executed subcontract agreement with the proposed MWBE firm to the Contracting Officer within ten (10) business days of its receipt of the substitution approval. (e) If the change involves a modification, the Contractor must submit, if applicable, the Intent to Perform as a Subcontractor form specified for contract modifications for any MWBE subcontractor affected by this change. This form may be obtained from the Contracting Officer. (f) If the Contractor does not comply with this Provision, the Authority may elect to apply contract remedies, as appropriate. Additionally, the Contracting Officer may order that the Contractor forfeit the profits from the terminated portion of the MWBE subcontract. 9. Payment Documentation (M-118, AUG 04) (a) Concurrently with the submission of the invoice or each request for a progress payment under this contract, the Contractor shall provide a breakdown of the amounts paid to MWBEs identified by the Contractor to participate in this contract. The breakdown shall be provided on the DEO Vendor Payment Report form which is available at http://www.dart.org/deo.asp?zeon=DEOVendorPaymentReport, or a photocopy of the attached Vendor Payment Report. As provided elsewhere in this contract, the Authority may withhold all or part of any payment otherwise due the

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P-1022206

Form 33.213 (09/04) Page 7 of 10 Exhibit G

Contractor if the Contractor fails to submit the Vendor Payment Report form and/or make prompt payments to its subcontractors, suppliers, material men or laborers. (b) The Contractor’s signature on the Vendor Payment Report is a certification by the Contractor of the truth and accuracy of the matters contained in the Report. After award of the contract and prior to submission of the first invoice or request for progress payment, the Contractor shall, by written notice to the Contracting Officer, identify the person(s) with authority to sign the Vendor Payment Reports for the Contractor. 10. Sanctions for Noncompliance with the Authority's MWBE Program Provisions (M-120, AUG 04) Failure of the Contractor to carry out the Authority's MWBE program provisions shall constitute a breach of contract and may result in termination of the Contractor for default or such remedy as the Authority may deem appropriate. The Authority reserves the right to apply legal and contract remedies available under state and local law, including but not limited to, responsibility determinations in future contracts, suspension/debarment procedures, and forfeiture of profits as provided for elsewhere. The willful making of false statements or providing incorrect information will be referred for appropriate legal action.

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P-1022206

Form 33.213 (09/04) Page 8 of 10 Exhibit G

ATTACHMENT 1 TO EXHIBIT G

DALLAS AREA RAPID TRANSIT - D/M/WBE FORM

SOLICITATION NUMBER: P-1022206

INTENT TO PERFORM AS A SUBCONTRACTOR

FOR A CONTRACT AWARD

Pursuant to DART Board policy, D/M/WBE firms participating in the Authority's D/M/WBE Program must have "current" certification status with the Authority prior to award of this contract. The Authority's D/M/WBE certification of any firm is effective for three (3) years from the date of written notification of certification. If the Authority determines that the firm is not an eligible D/M/WBE firm for DART contracts and subcontracts, such firms must immediately submit a completed and signed Certification Affidavit to the North Central Texas Regional Certification Agency, 616 Six Flags Drive, Suite 128, Arlington, TX 76011; or if a joint venture, submit a Joint Venture Certification Application to the DART Diversity & Economic Opportunity Department, P.O. Box 660163, Dallas, Texas 75266-7217. 1. Name of Offeror / Prime Contractor ______________________________________________. 2. The undersigned has been certified by DART via NCTRCA Certification #_________________. 3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection

with the above project (where applicable specify "supply" or "install" or both): ______________________________________________________________________________

and at the following price $ _______________. With respect to the proposed subcontract described above, ________% of the dollar value of such subcontract will be

sublet and/or awarded to non-D/M/WBE contractors. NOTICE: If the D/M/WBE firm is not sub-subcontracting any of the work described above, a zero (0) must be shown in the

blank above. _____________________ BY: _____________________________ DATE: _____/_____/_____ (Name of D/M/WBE Firm) (Signature of Owner, President or Authorized Agent) PHONE: ______________ _____________________________ (Print or Type - Name of Signature of Owner, President or Authorized Agent of D/M/WBE firm)

DECLARATION OF PRIME CONTRACTOR I HEREBY DECLARE AND AFFIRM that I am the ______________________________ (Title of Declarant) and a duly authorized representative of _________________________________________________ (Name of Prime Contractor) to make this declaration and that I have personally reviewed the material and facts set forth in this Intent to Perform form. To the best of my knowledge, information and belief, the facts and representations contained in this form are true, the owner or authorized agent of the M/WBE firm signed this form in the place indicated, and no material facts have been omitted. Upon receipt of authorization by the Contracting Officer, the undersigned will enter into a formal agreement with the listed M/WBE firm for work as indicated by this form within ten (10) business days after receipt of the contract executed by the Dallas Area Rapid Transit Authority. The undersigned will provide the Contracting Officer two (2) copies of that agreement within three (3) business days of its execution. The Prime Contractor has designated the following person as their M/WBE Liaison Officer: ___________________________________________________ ______________________ (Name-Please Print) (Phone) Caution: Any false statements or misrepresentations regarding information submitted on this form may be a criminal offense in violation of Section 37.10 of the Texas Penal Code.

_____________________________ (Name of Declarant) _____________________________________________ _____________________________

(Signature) (Date)

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Form 33.213 (08/04) Page 9 of 10 Exhibit G

ATTACHMENT 2 TO EXHIBIT G

DALLAS AREA RAPID TRANSIT - D/M/WBE FORM

INSTRUCTIONS FOR CONTRACTORS

"HOW TO FILL OUT VENDOR PAYMENT REPORT"

The Vendor Payment Report is to be filled out by the Contractor and submitted with each invoice. The instructions below correspond to each item on the report. Please follow the instructions. 1. Invoice No. Fill in the invoice number accompanying this report. 2. Report No. Fill in the number of the report you are sending in

sequence, e.g., if this is the second invoice submitted, indicate Report No. 2.

3. Reporting Period This is to be filled in to state the period of time you

are reporting. Example: From: April 1, 1991 To: April 30, 1991.

4. DART Contract Number Fill in the contract number assigned to your project

by DART. 5. Type of Contract Designate the type of contract that has been

awarded to your company by DART. 6. Contractor's Business Name, Address and

Telephone Number Fill in your company's name, address, and

telephone number. 7. Date of Contract Award Fill in the date the contract was finally executed by

both you and DART. 8. Scheduled Date of Completion Fill in completion date of contract as written in

contract. 9. Original Contract Amount Fill in dollar amount of original contract agreed upon

by you and DART. 10. Current Amended Contract Amount and Date Fill in dollar amount of original contract plus/minus

the dollar amount agreed upon at a later date as a result of contract modifications, if applicable. Include date modification was executed.

11. Total Amount Received to Date Fill in the dollar amount you have received from

DART to date.

12. Total Amount Owed Fill in the dollar amount of the contract minus

amount paid to you by DART. 13. Committed Disadvantaged/Minority/Women-

Owned Participation Fill in the percentage of D/M/WBE participation you

committed to obtain in the contract. 14. Instructions for Calculation of

Disadvantaged/Minority/Women-Owned Business Enterprise Percentage

(Complete in accordance with directions on the form.)

15. Actual Disadvantaged/Minority/Women-Owned

Business Enterprise Percent Paid-to-Date Fill in the calculated dollar amount paid to the

D/M/WBE divided by the dollar amount you received from DART.

16. Name of Subcontractors Name all D/M/WBE subcontractors. (Use additional

sheets as necessary.) 17. Disadvantaged/Minority/Women-Owned Business Enterprise State whether the subcontractor is a

DBE/MBE/WBE. 18. Description of Work State the work performed by the D/M/WBE

subcontractor. 19. Amount and Date of Last Payment State the amount and date of last payment made to

each D/M/WBE subcontractor. Submit evidence of payment, i.e., cancelled check, check register, etc.

20. Subcontract Value (Dollars) State the committed dollar value to the D/M/WBE

subcontractor for the duration of the contract. 21. Total Amount Paid-to-Date (Dollars) Add all amounts paid to each D/M/WBE

subcontractor to date. 22. Percent of Committed Amount Paid to Date State dollar amount paid to the D/M/WBE

subcontractor divided by the amount committed to them.

23. Amount of This Invoice Allocated to the

Subcontractor Fill in how much of this invoice will be paid to each

D/M/WBE subcontractor.

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Form 33.213 (08/04) Page 10 of 10 Exhibit G

ATTACHMENT 2 TO EXHIBIT G

DALLAS AREA RAPID TRANSIT - D/M/WBE FORM

VENDOR PAYMENT REPORT Dallas Area Rapid Transit Department of Diversity & Economic Opportunity P.O. Box 660163 Dallas, Texas 75266-7217

For Official Office Use Only 1) Invoice No. 2) Report No.

3) Reporting Period From:

To:

(214) 749-2507

Instructions: All prime contractors are required to complete and submit this report as specified in the contract, or as requested by the Contracts Specialist, until final payment of the contract. Note: Failure to comply with DART's Disadvantaged, Minority, and Women-Owned Business enterprise provisions may result in contract termination, or the suspension or debarment of the contractor from doing business with DART in the future in accordance with the procedures set forth in DART's Procurement Regulations. To complete this report, see detailed instructions on the proceeding page of Exhibit G, This report must be submitted with invoice.

4) DART Contract Number 5) Type of Contract (X) 6) Contractor's Business Name, Address and Telephone Number Construction ٱ

Professional ٱ Service

Service ٱ /Supply ٱ Commodity

7) Date of Contract Award 8) Schedule Date of Completion 9) Original Contract Amount 10) Current Contract Amount, Including Modifications ($ and date) (State amount & date of most recent modification)

$ $ _____ /_____ /_____

11) Total Amount Received To Date $

12) Total Amount Owed 13) Committed Disadvantaged, Minority, and Women

Disadvantaged-Minority-Women ______% ______% ______%

14) D/M/WBE Instruction for Calculation of Percentage: Dollar amount paid to D/M/WBE divided by dollar amount received by Contractor from DART.

15) Actual Disadvantaged, Minority and Woman-Owned Business Participation % to Date

Disadvantaged-Minority-Women _______% _______% _______%

$

Amount of This Invoice $

16) Name of Subcontractor

17) DBE / MBE / WBE

18) Description of Work

19) Amount & Date of Payment(s) Made During Current Invoice Period

20) Subcontract Dollars

21) Amount Paid to Date (Dollars)

22) % Paid to Date

23) Amount of This Invoice Allocated to Subcontractor

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Company Official's Signature & Title Date Signed Name & Title of Individual Completing Report

/ / Signing this report certifies the truth and accuracy of its contents.

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P-1022206

33.H Exhibit H Page 1 of 57

EXHIBIT H STATEMENT OF WORK

Building Management Services and Other Administrative Services for DART Headquarters and DART Police Headquarters Buildings

Table of Contents I. GENERAL INFORMATION ....................................................................................................................... 4

A. Introduction ............................................................................................................................................... 4

B. Background............................................................................................................................................... 4

C. Scope........................................................................................................................................................ 4

D. Reference Documentation........................................................................................................................ 4

Reference Table 1 .................................................................................................................................... 5

E. Definitions / Abbreviations ....................................................................................................................... 5

F. Authority Property. .................................................................................................................................... 6

1. Authority -Furnished Property ............................................................................................................... 6

2. Changes in Authority-Furnished Property. ............................................................................................ 7

3. Title in Authority Property ...................................................................................................................... 7

4. Use of Authority Property ...................................................................................................................... 8

5. Property Administration ......................................................................................................................... 8

6. Access. .................................................................................................................................................. 8

7. Risk of Loss ........................................................................................................................................... 8

8. Equitable Adjustment. ...........................................................................................................................

9.

8

Final Accounting and Disposition of Property of the Authority .............................................................. 9

10. Abandonment and Restoration of Contractor’s Premises.................................................................... 9

11. Communications ................................................................................................................................ .. 9

II. WORK REQUIREMENT ........................................................................................................................... 9

A. Technical Requirements ........................................................................................................................... 9

B. General Requirements.............................................................................................................................. 9

III. STAFFING ............................................................................................................................................. 12

A. Building Management Services .............................................................................................................. 12

B. Contractor Personnel Minimum Qualifications and Duties ..................................................................... 12

IV. OPERATION SERVICES ...................................................................................................................... 14

A. Operation Management Plan .................................................................................................................. 14

B. Central Plant Operation and Maintenance ............................................................................................. 15

C. Building Automation System (BAS) Operation and Maintenance .......................................................... 15

D. Life Safety Systems Operation and Maintenance .................................................................................. 15

E. Elevator/Escalator Operations and Maintenance ................................................................................... 16

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Reference Table 3 ................................................................................................................................ 16

1. General .............................................................................................................................................. 16

2. Inventory of Spare Parts .................................................................................................................... 17

3. Safety Standards................................................................................................................................ 17

4. Uniforms............................................................................................................................................. 17

5. Contractor Staff and Facilities Responsibilities.................................................................................. 17

6. Specific Job Requirements ................................................................................................................ 18

7. Equipment and Property .................................................................................................................... 19

8. Maintenance....................................................................................................................................... 19

9. Onboard Remote Monitoring (ORM)................................................................................................ .. 20

10. Safety Procedures .............................................................................................................................. 20

11. Submittals and Report Requirements ................................................................................................ 20

12. Escalator Service ............................................................................................................................... 21

13. Elevator Service ................................................................................................................................. 26

F. Emergency Operation Procedures ......................................................................................................... 27

G. Emergency Generator Operation and Maintenance .............................................................................. 27

H. Electrical / Plumbing / Roof Repairs....................................................................................................... 29

I. Access Control System Operation and Maintenance ............................................................................. 29

J. Building Space Plans .............................................................................................................................. 29

K. HVAC Systems ....................................................................................................................................... 29

L. Building Maintenance and Operations .................................................................................................... 31

1. Pest Control ....................................................................................................................................... 31

2. Fire Alarm Monitoring......................................................................................................................... 31

3. Metal Maintenance............................................................................................................................. 31

4. Power Washing ................................................................................................................................ .. 31

5. Interior Plants and Exterior Landscape Maintenance ........................................................................ 32

6. Janitorial Services .............................................................................................................................. 32

a. Background ............................................................................................................................... 32

b. Scope ........................................................................................................................................ 32

c. Monthly Janitorial Services Report............................................................................................ 33

d. Abbreviations / Definitions – Table 4 ........................................................................................ 33

e. Work Requirement .................................................................................................................... 34

Table 5 – Estimated Annual Usage of Paper Products ......................................................... 34

7. Trash .................................................................................................................................................. 35

8. Dusting and Polishing ........................................................................................................................ 36

9. Stairwells and Elevators..................................................................................................................... 37

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10. Windows and Glass Doors............................................................................................................... 37

11. Remove Foreign Substances........................................................................................................... 37

12. Refrigerator Cleaning....................................................................................................................... 38

13. Day Porters Procedures and Specifications .................................................................................... 38

14. Computer Room / Revenue Count / Secured Storage & Equipment Areas .................................... 39

15. Restroom Cleaning .......................................................................................................................... 39

16. Floor Care ........................................................................................................................................ 40

17. Public Areas ..................................................................................................................................... 42

18. Cleaning / Sanitizing Floors, Walls and Surfaces ............................................................................ 42

19. Carpet Maintenance Specifications ................................................................................................ . 42

20. Approximate Square Footage of Buildings – Table 6 ...................................................................... 47

21. Building / Facility Access.................................................................................................................. 47

22. Guidelines and Restrictions ............................................................................................................. 48

23. Work Schedule................................................................................................................................ . 49

24. Communication with Custodians...................................................................................................... 49

25. Quality Assurance Plan (QAP)......................................................................................................... 49

26. Performance Standards ................................................................................................................... 50

27. Contractor’s Inspection Report ........................................................................................................ 50

28. Supervision by Contractor ................................................................................................................ 50

29. Deliverables ..................................................................................................................................... 51

30. DART Furnished Equipment ............................................................................................................ 51

31. Supporting Information..................................................................................................................... 51

32. Verfication ........................................................................................................................................ 52

Table 6 – Frequency of Cleaning and Performance Standards .................................................... 52

33. Miscellaneous Services and Expenditures ...................................................................................... 53

34. Warranties........................................................................................................................................ 54

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I. GENERAL INFORMATION

The Authority is seeking a contractor to provide Building Management Services for its Headquarters Building and DART’s Police Facilities with miscellaneous maintenance services for other DART Properties. A. Introduction

The DART Headquarters building is a four (4) story, 246,481 square feet office building with two levels of underground parking garage located at 1401 Pacific Ave, Dallas TX, 75202.

The Police Headquarters building at 2111 South Corinth Street Road, Dallas, TX 75203 is a three (3) Story, 60,061 square feet, LEED platinum certified facility. The DART Police Headquarters at Illinois Station (also known as Monroe Shop) is listed on the National Register of Historic Places, and as such all repair and maintenance activities related to the character defining features of the building must be performed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. A copy is stored on site for reference.

Miscellaneous services or expenditures, on an as needed time and materials basis, for other facilities located throughout DARTS system will be described later in the statement of work.

B. Background

Dallas Area Rapid Transit employs qualified and Professional Building Management firms to oversee facility needs at the 1401 Pacific Headquarters, DART Police Headquarters/ Monroe Shop and other sites throughout the DART service area. These needs include, but are not limited to, facility structure, roof, HVAC, vertical lift equipment, fire/life safety system, electrical, plumbing, lighting, janitorial, professional design services, professional consulting services, preventive maintenance, furniture moving, cubicle reconfiguration, holiday decorations setup and breakdown, oversight of building’s capital improvements and repairs. C. Scope

The purpose of this SOW is to provide the requirements for Building Property Management Services.

D. Reference Documentation

Contractor shall be responsible for obtaining and adhering to the latest revisions of the ANSI and OSHA documents listed in Table 1. The DART documents are attached as Exhibit H – Attachment 1, DART Safety Program and Standard Operating Procedures Reference Documentation. All other documents are the responsibility of the Contractor to obtain the latest revision thereof.

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Table 1

AGENCY STANDARD NUMBER TITLE OF DOCUMENT

ANSI Z41 &Z41.1 American National Standard for Personal Protection/protective footwear

DART N/A DART System Safety Program Plan

DART NPG-0758 Standard Operating Procedure, Bloodborne Pathogen and Bio-Hazard Clean-up

DART NPG-0769 Standard Operating Procedure, Hazardous Communication

DART NPG-0770 Standard Operating Procedure, Hearing Conservation

DART NPG-0773 Standard Operating Procedure, Personal Protection Equipment

DART NPA-0016 Standard Operating Procedure, Post Accident Vehicle/System Impound/Quarantine Investigation Procedure

AGENCY STANDARD NUMBER TITLE OF DOCUMENT

OSHA 1910.136 Occupational Foot Protection

OSHA 1915.156 Foot Protection

OSHA 1910.1030 Bloodborne Pathogens

E. Definitions / Abbreviations

Table 2

Abbreviation (Name) Definition

Bull Pen Secured area where DART parks its vehicles

CO Contracting Officer

COTR Contracting Officer Technical Representative

CS Contract Specialist

DART Dallas Area Rapid Transit

LEED Leadership in Energy and Environmental Design

LRV Light Rail Vehicle

MSDS Material Safety Data Sheet

PM Project Manager

TPCL Texas Pest Control License

USC United States Code

MSDS Material Safety Data Sheet

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F. Authority Property

1.

Authority-Furnished Property

a. The Authority shall deliver to the Contractor, for use in connection with and under the terms of this contract, the property described in the contract or specifications together with any related data and information that the Contractor may request and is reasonably required for the intended use of the property (hereinafter referred to as "Authority-furnished property").

i. All Authority furnished property will be indentified with a unique identification and that

identification will be listed on a suitable form to facilitate the property administration responsibility.

ii. The Contractor’s Building Engineer, along with a representative of the Contracting

Officer, will inventory and sign for all Authority furnished property and space provided before taking possession. Additionally, prior to the final payment, the Contractor’s building engineer and a representative of the Contracting Officer will inventory all Authority furnished property and space.

iii. The following listed Authority furnished property and space will be made available to

the Contractor:

1)

Chief Building Engineer/Project Manager:

(a) Modular work surface (b) 1 each desk chair (c) 2 each side chairs (d) 2 each 5 drawer, metal file cabinets (e) 1 each, 1 drawer metal file cabinet (f) 2 each metal bookcases (g) 1 each computer consisting of CPU, monitor, keyboard and mouse with

connection to network printer. (h) Appropriate software including an Energy Management System (EMS). (i) 1 each telephone

2)

(a) Drafting table

Work Room:

(b) Floor plan storage (rack and/or file) (c) Storage Cabinet (d) Work table(s) (e) Chairs

3)

(a) Modular work surface

Building Engineer:

(b) 1 each task chair (c) 1 each 5 drawer, metal file cabinets (d) 1 each computer consisting of CPU, monitor, keyboard and mouse with

connection to network printer. (e) Appropriate software including an Energy Management System (EMS). (f) 1 each telephone

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b. The delivery or performance dates for this contract are based upon the expectation that Authority-furnished property suitable for use (except for property furnished "as-is") will be delivered to the Contractor at the times stated in the contract or, if not so stated, in sufficient time to enable the Contractor to meet the contract's delivery or performance dates.

c. If Authority-furnished property is received by the Contractor in a condition not suitable for the

intended use, the Contractor shall, upon receipt of it, notify the Contracting Officer, detailing the facts, and, as directed by the Contracting Officer and at the Authority's expense, either repair, modify, return, or otherwise dispose of the property. After the Contractor completes the directed action and upon written request of the Contractor, the Contracting Officer shall make an equitable adjustment as provided in paragraph (8) of this clause.

d. If Authority-furnished property is not delivered to the Contractor by the required time, the

Contracting Officer shall, upon the Contractor's timely written request, make a determination of the delay, if any, caused the Contractor and shall make an equitable adjustment in accordance with paragraph (8) of this clause.

2.

Changes in Authority-Furnished Property

a. The Contracting Officer may, by written notice, (i) adjust the Authority-furnished property provided or to be provided under this contract, or (ii) substitute other Authority-furnished property for the property to be provided by the Authority, or to be acquired by the Contractor for the Authority, under this contract. The Contractor shall promptly take such action as the Contracting Officer may direct regarding the removal, shipment, or disposal of the property covered by such notice.

b. Upon the Contractor's written request, the Contracting Officer shall make an equitable

adjustment to the contract in accordance with paragraph (8) of this clause, if the Authority has agreed in the contract to make the property available for performing this contract and there is any –

i. decrease or substitution in this property pursuant to sub-paragraph (2)(a) above; or

ii. withdrawal of authority to use this property, if provided under any other contract or

lease.

3.

Title in Authority Property

a. The Authority shall retain title to all Authority-furnished property.

b. All Authority-furnished property and all property acquired by the Contractor, title to which vests in the Authority under this paragraph (collectively referred to as "property of the Authority"), are subject to the provisions of this clause. Title to property of the Authority shall not be affected by its incorporation into or attachment to any property not owned by the Authority, nor shall property of the Authority become a fixture or lose its identity as personal property by being attached to any real property.

c. Title to each item of facilities, special test equipment, and special tooling (other than that

subject to a Special Tooling clause) acquired by the Contractor for the Authority under this contract shall pass to and vest in the Authority when its use in performing this contract commences or when the Authority has paid for it, whichever is earlier, whether or not title previously vested in the Authority.

d. If this contract contains a provision directing the Contractor to purchase material for which the

Authority will reimburse the Contractor as a direct item of cost under this contract --

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i. title to material purchased from a vendor shall pass to and vest in the Authority upon the vendor's delivery of such material; and

ii. title to all other material shall pass to and vest in the Authority upon --

1) issuance of the material for use in contract performance;

2) commencement of processing of the material or its use in contract performance; or

3) reimbursement of the cost of the material by the Authority, whichever occurs first.

4. Use of Authority Property

The property of the Authority shall be used only for performing this contract, unless otherwise provided in this contract or approved by the Contracting Officer.

5.

Property Administration

a. The Contractor shall be responsible and accountable for all property of the Authority provided under this contract.

b. The Contractor shall establish and maintain a program for the use, maintenance, repair,

protection, and preservation of property of the Authority in accordance with sound industrial practice.

c. If damage occurs to property of the Authority, the risk of which has been assumed by the

Authority under this contract, the Authority shall replace the items or the Contractor shall make such repairs as the Authority directs. However, if the Contractor cannot effect such repairs within the time required, the Contractor shall dispose of the property as directed by the Contracting Officer. When any property for which the Authority is responsible is replaced or repaired, the Contracting Officer shall make an equitable adjustment in accordance with paragraph (8) of this clause.

d. The Contractor represents that the contract price does not include any amount for repairs or

replacement for which the Authority is responsible. Repair or replacement of property for which the Contractor is responsible shall be accomplished by the Contractor at its own expense.

6. Access

The Authority and all its designees shall have access at all reasonable times to the premises in which any property of the Authority is located for the purpose of inspecting the property of the Authority.

7. Risk of Loss

Unless otherwise provided in this contract, the Contractor assumes the risk of, and shall be responsible for, any loss or destruction of, or damage to, property of the Authority upon its delivery to the Contractor or upon passage of title to the Authority under paragraph (3) Title in Authority Property. However, the Contractor is not responsible for reasonable wear and tear to property of the Authority or for property of the Authority properly consumed in performing this contract.

8. Equitable Adjustment

When this clause specifies an equitable adjustment, it shall be made to any affected contract provision in accordance with the procedures of the Changes Clause. When appropriate, the

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Contracting Officer may initiate an equitable adjustment in favor of the Authority. The right to an equitable adjustment shall be the Contractor's exclusive remedy. The Authority shall not be liable to suit for breach of contract for --

a. any delay in delivery of Authority-furnished property

b. delivery of Authority-furnished property in a condition not suitable for its intended use

c. a decrease in, or substitution of, Authority-furnished property

d. Authority’s failure to repair or replace Authority owned property

9.

Final Accounting and Disposition of Property of the Authority

Upon completing this contract, or at such earlier dates as may be fixed by the Contracting Officer, the Contractor shall submit, in a form acceptable to the Contracting Officer, inventory schedules covering all items of property of the Authority (including any resulting scrap) not consumed in performing this contract or delivered to the Authority. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the property of the authority as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Authority as the Contracting Officer directs.

10.

Abandonment and Restoration of Contractor's Premises

Unless otherwise provided herein, the Authority --

a. may abandon any property of the Authority in place, at which time all obligations of the Authority regarding such abandoned property shall cease and

b. has no obligation to restore or rehabilitate the Contractor's premises under any

circumstances (e.g., abandonment, disposition upon completion of need, or upon contract completion). However, if the Authority-furnished property (listed in the Schedule or specifications) is withdrawn or is unsuitable for the intended use, or if other property of the Authority is substituted, then the equitable adjustment under paragraph (8) Equitable Adjustment, may properly include restoration or rehabilitation costs.

11.

Communications

All communications under this clause shall be in writing.

II. WORK REQUIREMENT

A.

This SOW covers the furnishing by Contractor of all professional services.

Technical Requirements

B.

1.

General Requirements

The Contractor shall have overall responsibility for the building’s management services to include, but not limited to:

Contractor Responsibilities

a. Building Management Services encompasses all costs associated with personnel, corporate

overhead and fees/profits. All Contractor personnel assigned to work at these locations must

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pass a background check conducted by the DART Police. At no time shall any employees of the Contractor be allowed on the secured premises without an approved background check.

b. The Contractor shall operate and maintain DART’s Headquarters Building, the DART Police

Headquarters Building and other DART facilities as listed in this SOW. The Contractor shall provide all supervision, personnel, equipment, transportation, materials and other items and services necessary to accomplish the work as described in the contract.

c. The Contractor shall provide permanent personnel and assign temporary personnel, as

necessary, to work at the Facilities from Monday through Friday. At the Authority’s request, the Chief building Engineer, Building Engineer, or other Contractor assigned personnel of equal position may be required to work additional hours beyond those work hours listed below (paragraphs i & ii). This additional work will be to oversee the work of other Authority contractors performing on-site work on weekends and hours beyond the normal work hours listed through the week. The Contractor shall not receive any additional compensation for the additional “after hours work” up to 400 hours per year for additional “after hours work” at the 1401 Pacific facility, the Police Headquarters Building or other facilities. Assigned personnel shall include, but not limited to a:

i. Chief Building Engineer (7:00 a.m. – 4:00 p.m. (8hrs minimum) ii. Building Engineers- Schedule to provide coverage from 6:00 a.m. to 6:00 p.m.

DART reserves the right to change the specific hours of coverage if necessary.

d. The Contractor shall provide replacement personnel whenever assigned personnel are absent in excess of two consecutive days for any reason including vacation, sick and/or personal leave. Replacement personnel must already have an approved background check performed by DART Police. The Chief Building Engineer or Building Engineer is required to remain on site at the DART Headquarters Building, or other DART facility, during DART Board meetings (usually the 2nd and 4th

Tuesday evening of each month). DART’s Board meeting schedule is subject to modification. The Contractor will be expected in every case to adapt to any changes so as to ensure appropriate Board coverage.

e. The Contractor shall provide to assigned Contractor/subcontractor staff, at its own expense including:

i. All personnel uniforms and training; ii. All necessary Direct Connect cell phones for contractor personnel; and iii. All office supplies such as stationery, writing utensils, staplers, calendars, etc. iv. Basic hand and power tools such as screwdrivers, pliers, wrenches, power drills,

meters, circular saws, etc. to perform necessary repair throughout the facilities.

f. The Contractor shall have overall responsibility for the building management services at the authority’s facilities to include but not be limited to:

i. Supervision of the contractor’s staff and any subcontractors assigned to its direction

and all building operation services ii. Coordination with other contractors, or subcontractors iii. Oversight and coordination (with the Authority’s Contracting Officer’s Technical

Representative (COTR) and Project Management staff) of capital projects and warranty items associated with the service and maintenance of DART Headquarters and Police Headquarters and other facilities

iv. Ensuring contract staffing levels are maintained at all times v. Preparing and delivering monthly reconciliation of account/contract expenditures vi. Preventative maintenance (including building equipment system inspections) on a

scheduled basis as agreed upon by the authority’s COTR and accordance with

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Manufacturers Recommendations vii. All subcontract work provided by the contractor shall be in accordance with DART’s

Procurement Department Policies and Procedures and have the signed workflow approval of the authority’s COTR before the work is started. Emergency actions will be handled on a case by case basis.

g.

Annual budget for Facility (for Miscellaneous Services Expenditures)

An annual budget for the facility shall be submitted within thirty (30) days of the date of the Notice to Proceed and thereafter 15 days of the Authority’s request and shall include projected maintenance and repairs to the facility (i.e., the Contractor’s best written assessment of the cost that may be incurred on an annual basis including an explanation and a detailed breakout of expense(s).

h.

Preventative Maintenance Schedule for Central Plant/Building Automation Systems

A Preventative Maintenance Schedule shall include written detailed plans to preclude system failures and should include at least the manufacturer’s preventative maintenance procedures. A Preventative Maintenance Schedule shall be submitted within thirty (30) days of the date of the Notice to Proceed for the following building systems:

i. HVAC ii. Cooling Towers iii. EMS iv. Emergency Generators v. Fire Suppression system vi. Fire Detection System vii. Plumbing Systems viii. Sump Pumps ix. Elevators x. Electrical Systems xi. Lighting Applications xii. Roof

i. Monthly, Quarterly, Annual Inspection Reports for Central Plant/Building Automation

Systems

The Contractor shall submit inspection reports for building systems and equipment associated with but not limited to the Building’s Central Plant and Building Automation Systems:

i. HVAC ii. Cooling Towers iii. EMS iv. Emergency Generators v. Fire Suppression system vi. Fire Detection System vii. Plumbing Systems viii. Sump Pumps ix. Elevators x. Electrical Systems xi. Lighting Applications xii. Building Security System xiii. Building Surveillance System

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j.

Bi-weekly, Monthly/Quarterly Activity & Spending Report (Actual vs. Budgeted)

The contractor shall submit on a bi-weekly basis a report (log) describing the activities/repairs to include itemized expense, name, date and amount. The Contractor shall also submit on a monthly and quarterly basis, a variance report including the justifications for the variance(s).

k.

The contractor shall submit on a monthly basis an emergency services report to include the

Monthly Emergency Services Tracking Report

following:

i. Date, description, and cost of emergency repairs performed to any building equipment.

ii. Date, description, and cost of emergency repairs performed to the building (e.g., water cleanup, plumbing breakage, etc.). l.

A Facility Inspection and Audit Report shall be submitted within sixty (60) days of the date of the Notice to Proceed and shall include the estimated cost(s) of any anticipated repairs to the building and the approximate timeline in which the repairs may be completed. DART will provide a preliminary report of unknown conditions.

Facility Inspection and Audit Report

m.

The Contractor shall initially submit material safety data sheets (within 30 days of the Notice to Proceed date) for any chemical products proposed to be used under the contract. Approval from the Authority’s COTR or designee shall be obtained prior to use of any chemicals. All cleaning supplies (chemicals and trash bags) shall be “eco-friendly”. Eco-friendly means earth-friendly or not harmful to the environment. This term also means using products that contribute to green living or practices that help conserve resources like water and energy. Eco-friendly products also prevent contributions to air, water and land pollution.

Material Safety Data Sheets (MSDS)

n. New Material

Unless this contract specifies otherwise, the Contractor represents that the supplies and components (including any former property of the Authority identified in this contract) are new, including recycle (not used or reconditioned) and are not of such age or so deteriorated as to impair their usefulness or safety. If the Contractor believes that furnishing used or reconditioned supplies or components will be in the best interest, the Contractor shall so notify the Contracting Officer and shall include the reasons for the request along with a proposal for any consideration to the Authority if the Contracting Officer authorizes the use of used or reconditioned supplies or components.

III. STAFFING

A.

All engineering (one Chief Building Engineer/Project Manager and three Building Engineers) staff will be based and dispatched from DART Headquarters, 1401 Pacific Ave.

Building Management Services

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B.

Contractor personnel minimum qualifications and duties shall include, but are not limited to the following requirements:

Contractor Personnel Minimum Qualifications and Duties

1. Chief Building Engineer/ Property Manager Duties

The Chief Building Engineer/ Property Manager must have at a minimum fifteen (15) years of related building engineer experience, a SMA (systems maintenance administrator) designation, and a minimum of one year Leadership in Energy and Environmental Design (LEED) experience. Additional acceptable designation may include any of the following: FMA (Facility Building Administrator) designation, SMT (Systems Maintenance Technician) designation, and any building mechanical systems related certifications i.e., electrical, plumbing, HVAC, etc. The Chief Building Engineer shall perform tasks associated with, but not limited to:

a. administrative functions of property management b. develop project statements of work c. supervising operating and maintaining the central plant systems d. all mechanical, HVAC, plumbing, security systems, fire, life safety systems, and electrical

systems e. building automation systems f. elevator and escalator maintenance g. perform daily building inspections to check central plant and BAS systems operations and

building interior spaces h. coordinating and supervising all repairs and inspections deemed necessary for the

building systems i. ensuring the building systems are operated in compliance with all local, state and federal

regulations for safety, accessibility, etc. j. maintaining the building locksmith operations k. developing/planning projects to improve the facility’s operating efficiency l. supervising the Building Engineers, janitorial contractor and subcontractors m. performing other Services for facilities identified within this contract and other contractors

working on building inspections, renovations, modifications repairs and capital projects n. supervising and responding to the on-line service requests system, coordinating all

building modifications and/or renovations using the CAD software for floor plan design and specification for project solicitations

o. developing strategies and plans to accomplish short and long term goals and projects p. the contractor shall provide the Chief Building Engineer and Building Engineers a cell

phone compatible with DART’s communication system q. coordinate with all other contractors or subcontractors as necessary to ensure the

smooth operation of the building and the DART Facilities Services

2. Building Engineer The Building Engineer will report to the Chief Building Engineer and must have at a minimum five (5) years of related building engineering experience and as a core requirement a SMT (System Maintenance Technician) designation or any building mechanical systems operations related certifications, such as electrical, plumbing, HVAC, etc. The Building Engineer must also have a minimum of one year Leadership in Energy and Environmental Design (LEED) experience. The Building Engineer shall perform tasks associated with, but not limited to: daily building inspections to check central plant and Building Automation System (BAS) operations and building interior spaces. The Building Engineer shall perform tasks associated with, but not limited to:

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a. operating and maintaining the central plant systems b. all mechanical, HVAC, plumbing, security systems, fire, life safety systems and electrical

systems c. building automation systems: elevator and escalator maintenance; coordinating and

supervising, as directed by the Chief Building Engineer, all repairs and inspections deemed necessary for the building systems, ensuring the building systems are operated in compliance with all local, state and federal regulations for safety, accessibility, etc.

d. maintaining the building locksmith operations e. developing/planning projects to improve the Building’s operating efficiency f. responding to on-line service request, making concrete repairs and painting g. changing out light equipment, installing pictures, banners, white boards, etc, duplicating

office door keys and changing out door locks. h. Support the Chief Building Engineer, as directed, in supervising janitorial contractor,

contractors performing other Administrative Services for facilities identified within this contract; and other contractors working on building inspections, renovations, modifications repairs and capital projects.

IV. OPERATION SERVICES

The Contractor’s staff shall perform routine repairs and maintenance requiring the use of electrical meters and tools, HVAC maintenance equipment, basic hand and power tools, etc. The contractor shall be responsible for repairs items such as patching holes in walls, prepping and painting walls, unstopping drains and repairing lavatory, break room, toilet drips and leaks, electrical, lighting, plumbing, roofing, etc. Contractor’s staff shall also change door locksets and key cylinders, align doors, and other repairs deemed routine and minor in nature by the Authority.

A.

Operation Management Plan

Contractor shall assume full control of building operations and contractual responsibility, unless under warranty, for the Building on the date noted in the NTP letter.

1. The Contractor shall receive, file and maintain all manufacturer’s literature, drawings and related documentation relative to the maintenance and ongoing operation of the Building. All files shall be maintained at the DART Headquarters Building. The Contractor shall also obtain and retain, in these files, copies of all guarantees and warranties relating to Building repairs, equipment installations and/or renovations performed by the Contractor (or its subcontractors). The Contractor shall make duplicate copies of these files and provide copies to the Authority’s COTR upon the Authority’s request. Contractor shall make available the documents to the Authority for scanning into the official directory within the Authority’s electronic document retention system.

2. An operation management plan shall be submitted within fifteen (15) days of the date of the

Notice to Proceed and thereafter within fifteen (15) days of the Authority’s request and shall include the following at a minimum:

a. Detailed written plan that outlines how the activities specified in the Statement of Work (SOW) shall be accomplished.

b. A narrative description of the proposed approach to the work and program/cost control (i.e., evaluation of bids for services over $2,500 in cost).

c. Organization of the on-site management staff and coordination with the Authority’s staff.

d. Building operations transition plan, if necessary. e. Copies of Contractor’s service contracts with sub-contractors.

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3. At the DART Police Headquarters Building, the Elevators, HVAC System, emergency generator, fire suppression systems, fire detection systems, detection systems, plumbing systems, electrical systems, lighting systems, building surveillance systems and security systems will have manufacturer’s warranties associated with them. Reference Exhibit H – Warranties, Attachment 2.

B.

Central Plant Operation and Maintenance

1. The Contractor shall operate and maintain the building’s Central Plant Operation Systems (all mechanical, HVAC, plumbing, fire, life safety systems and electrical systems).

2. The Contractor shall operate and maintain all equipment associated with the Building’s

Central Plant. The Contractor shall provide all preventive and corrective maintenance, service and repairs to maintain the equipment in good operating condition consistent with manufacturer’s recommendations and shall maintain detailed records of such.

3. The Contractor shall coordinate all system repairs and warranty administration with the

provider/installer and equipment manufacturer while the equipment is under warranty. Ongoing operation and maintenance is the responsibility of the Contractor.

4. The Contractor shall administer any and all service contracts regarding on-call response

related to the Central Plant Operation and Building Automation System (BAS).

C.

Building Automation System (BAS) Operation and Maintenance

The contractor shall be responsible for the operation, maintenance, equipment installation, inspections and warranty administration of the building’s automation system and associated components including, but not limited to, all system programming, building monitoring and component trouble-shooting. Systems repair and warranty administration shall be coordinated with the provider/installer/maintenance contractor and equipment manufacturer.

D.

Life Safety Systems Operation and Maintenance

The Contractor shall be responsible for operation, maintenance, inspections and warranty administration of all life safety systems at the building, including but not limited to, fire detection (e.g., FM 200 system, Pyrotronics or other like system), fire alarm panel, fire suppression (wet/dry system) and fire sprinkler systems to include:

1. Annual inspections on the fire detection system (fire panel) 2. Annual inspections on the fire suppressions system (wet/dry) 3. Annual and monthly inspections on the fire extinguishers

The Contractor’s responsibility shall include, but not be limited to, test intervals, repairs and materials, documentation, etc., to comply with OSHA, Texas Department of Licensing and Regulation (TDLR), International Fire Code (IFC), National Fire Protection Agency (NFPA), Member Cities Fire Departments National Electrical Code (NEC) and ADA requirements for these systems and all Federal, State, or Local regulations as applicable.

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E.

Elevator / Escalator Operation and Maintenance

Table 3

DESCRIPTION DEFINITION Corrective Maintenance Maintenance of “failed or worn” items Predictive Maintenance Items identified which are going to fail and recognized

during preventive and corrective maintenance. Preventive Maintenance

Scheduled maintenance to prevent premature failures as required or recommended by the OEM and/or historical data.

OEM Original Equipment Manufacturer Qualified Technician

A mechanic meeting the definition of “Elevator Personnel’ in ASME A17.1, Section 3 and have verifiable evidence of training and experience.

Apprentice Mechanic not meeting the above requirement.

1.

General

The Contractor shall provide all necessary labor, tools, materials, supervision and equipment to provide full maintenance service and repair service, including inspections, test, and replacement of parts as specified for escalators and elevators covered under this contract. Other sites and units may be added during the course of this contract by mutual consent of both parties with subsequent changes in price as necessary.

a. The Contractor shall provide operation, inspections and maintenance services for all

elevators and escalators for the DART Headquarters and Police buildings. b. The Contractor shall ensure elevators/escalators are maintained per manufacturer’s

specifications. c. The Contractor shall perform services, inspections and repairs to elevators/escalators

for operation as mandated by Local, State, and Federal law.

d. The Contractor shall schedule the annual and five (5) year inspections such that these inspections are completed prior to current certificate expiration as determined by the Texas Department of Licensing and Regulations (TDLR) and or other applicable laws. At the DART Headquarters Building, Elevators #5 & #6 on Pacific Street will be due for a five year inspection in 2013. Elevators #1, #2, and #3 on Federal Street will be due for a five year inspection in 2015.

e. The Contractor shall notify the COTR in writing, if an elevator and/or escalator will be

out of service for more than 24 hours. The document shall include the reason for the outage, the course of action for repairs and the time frame for completion of the repairs.

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2.

Inventory of Spare Parts

DART will acquire and stock all parts that are not available to the Contractor or are of long lead time and would not ordinarily be an item of contractor’s inventory. The Contractor shall supply, install or repair all parts or components necessary as a result of ordinary wear and tear and considered consumable or of predictable life duration.

3.

Safety Standards

All lift equipment included under this contract shall be maintained in a safe and reliable operating condition. The Contractor shall be responsible for furnishing all material (except as noted above in §E - Elevator/Escalator Operation and Maintenance, §§2, Inventory of Spare Parts) and labor, and complying with all requirements of the current American Society of Mechanical Engineers, (ASME) Safety code for Elevators and Escalators ASME A17.1, latest edition or revisions. In the event of catastrophic equipment failures or injuries to persons caused by lift equipment malfunctions, the Contractor shall not access any equipment or any computer memory, except under conditions as noted in ASME A17.1, Chapter 74, until either a DART representative is present or the DART has granted permission to proceed. If permission to proceed is granted by DART, a law enforcement officer from DART shall be present to insure the integrity of the site and information is maintained. DART Quarantine Standard Operating Procedure No. NPA-0016 shall be implemented following a catastrophic equipment failure and is included as part of this statement of work in Exhibit H, DART Safety Program and Standard Operating Procedures Reference Documentation, Attachment 1.

4.

Uniforms

The Contractor shall provide uniforms, subject to approval by DART, for all employees. Uniforms shall reflect the name and logo of the Contractor on the back of the shirt, or over the left pocket along with the employees name above the right shirt pocket. The uniform shall consist of matching shirt and pants (construed as being of the same color and type material). Shirts shall have collars and sleeves. New uniforms shall be provided as required, based on normal wear and tear. The supervisor's uniform shall also have identification reflecting his/her position and the name of the Contractor. Adequate cleaning and mending services shall be provided by the Contractor to allow personnel to look neat at all times.

5.

Contractor Staff and Facilities Responsibilities

The Contractor shall provide the following:

a. Sufficient technician and apprentice personnel to satisfy maintenance requirements and appropriate backup capabilities. The Contractor shall use only skilled, competent lift equipment technicians on this project that are directly employed and supervised by the Contractor.

b. A Chief Building Engineer/Project Manager available to meet with the DART's project

manager and/or Contracting Officer’s Technical Representative (COTR) on a monthly basis and who shall make periodic scheduled and unscheduled visits to the site(s) to assess performance of the technical staff and equipment needs.

c. Sufficient supervisory personnel trained and experienced in the operation and

maintenance of DART lift equipment to direct and support maintenance technicians as required to maintain the optimum level of performance.

d. A shop facility, maintained by the Contractor, is required in order to supply material

and repair services in support of this agreement.

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e. An office staff and an organized after-business- hours capability for responding to

service requests 24-hours a day, seven (7) days per week, including holidays.

6.

Specific Job Requirements

a. The Contractor shall dispatch the necessary number of technicians to perform all necessary inspections, adjustments and repairs required to keep all vertical lift equipment in a safe, efficient, reliable operating condition.

b. The Contractor shall perform a visual check of all units each morning, Monday thru

Friday and verify that the data/time stamp, where this functionality is available, is performing correctly. This information is to be maintained in the maintenance records required by ASME A17.1 requirement 8.6.1. Additionally check the e-stop and e-phone operation and report status via voice mail to the COTR or designee by 7:30 a.m. Thoroughly examine elevators and escalators no less than monthly, and shall proceed to make all adjustments and repairs required to keep the equipment in proper operating condition and in compliance with AMSE A-17.1 safety code for vertical lift devices. All maintenance work performed (preventive, predictive or corrective) shall be recorded in detail noting the date, times, technician, problem found, work required, parts needed, arrival and departure time, and total time required to complete the repair. This information will be legible and provided in a format acceptable to and approved by DART.

c. The Contractor shall promptly correct any deficiencies discovered as a result of direct

examination or inspection reports issued by an authorized inspection agency, such as a state inspector. Upon completion of a routine or periodic inspection as required by code, the Contractor shall furnish a written report listing deficiencies, if any, to the COTR.

d. All service and repair work performed by the Contractor under this contract may be

subject to routine or periodic inspection by the DART or its authorized representative.

e. The Contractor, at their sole expense, hereby agrees to bear all costs for corrective work resulting from defective repairs to include, but not be limited to, necessary disassembly, transportation, storage, reassembly and repair or replacement of defective goods, supplies, systems, equipment and all adjacent facilities and structures of the agency damaged as a result maintenance activity or malfunction of replacement parts.

f. All maintenance and repairs shall be performed so that the equipment will not be out

of service during peak periods. Peak periods are defined as 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m. Predictive repairs and preventive maintenance will be performed between the hours of 9:00 a.m. and 4:00 p.m. unless authorization for other hours is approved by DART. Repairs and maintenance that do not require the equipment to be removed from service may be performed at any time.

g. The Contractor shall notify DART COTR/Project Manager at least 24 hours in

advance, when any equipment is to be taken out of service for maintenance, repair or service request. The Contractor will notify DART immediately when the unit is returned to service (COTR).

h. The extent of work under this contract includes, but is not limited to repair or

replacement of: motors, generators, windings, commutators, rotation elements, controllers, coils, relays, resistors, selectors, travel cables, worm gears, thrusts, bearings, brake coils, shoes, brushes, contacts, pump tanks, valves, packing,

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cylinder head and fastening, fitting assemblies, flexible coupling, belts, chains car and hoist way doors, tracks and guides, interlocks and assemblies, electronic tubes and semiconductors, fixtures, indicators, remote control panels, bulb replacement in signal and accessory equipment, step chains, wheels, rollers, governors, step combs, circuit boards, fuses, armatures, springs, hinges, pins, handrails, brush arms, step risers, tension rollers, controller cooling systems and all other equipment necessary to maintain the equipment in safe, reliable, efficient condition and in compliance with ASME/ANSI A-17.1 “Safety Code for Elevators and Escalators”

i. Repairs to the Hoist way structure, machine room structure repairs and smoke and

heat sensors shall be excluded from this agreement. 7.

Equipment and Property

a. All equipment shall be inspected and serviced as outlined in Section 12 on a regular and systematic routine schedule, cleaned, lubricated, adjusted and left in proper operating condition as specified in this contract. All lubricants must be of the type and grade in recommended by the manufacturer of the lift equipment for the purpose used. Lubricants in gear cases and bearing oil reservoir shall be drained, reservoirs flushed and then refilled with new lubricant as noted.

b. The Contractor shall remove from the property any and all trash and fluids from

elevator and escalator pits and shall keep equipment rooms clean of all trash, debris, and any combustible materials resulting from the work required under the terms of this agreement.

8.

Maintenance

a. The Contractor shall conduct the maintenance scheduled for elevators and escalators as prescribed and conduct annual testing of all safety devices making required adjustments to comply with the applicable version of ASME A17.1. The Contractor shall maintain the elevators and escalators and it’s safety equipment in accordance with the applicable version of ASME A17.1.

i. Clean sump pits under escalators and elevators. Check drains and/or pumps

for condition and proper function. Make any needed repairs or corrections.

ii. Motor and generator windings shall be periodically treated with an insulating compound recommended by the equipment manufacturer per Appendix A. The Contractor is responsible for updating and submitting revised circuit diagrams and/or schematics, including any changes to repaired and/or replaced electrical wiring.

iii. Service under the terms of this agreement shall be provided 24 hours per

day, 7 days per week. The Contractor shall respond, that is be on site, to service requests within one hour after notification between 6:00 a.m. and 6:00 p.m., and respond within two hours at other times. All equipment shall be returned to service as soon as possible. If repairs will take longer than 24 hours, the Contractor shall notify DART as soon as possible. Emergency Response will be immediate to any reports of entrapment, injury or potential injury.

iv. In the event that a service call is required, DART shall be invoiced at the

rates shown in the Price Schedule, for time on site, plus material. It shall be the responsibility of the Contractor to provide substantiation in writing to the COTR, of service calls deemed to be beyond their control.

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v. The Contractor shall ensure that service is performed in accordance with

OEM recommendations and National Standard Institute ANSI A-17.1 Code and will be subject to inspection by DART, State Inspectors and “site insurance” inspectors. The Contractor shall be responsible for scheduling State inspections and shall have qualified technicians available to perform safety tests and support state inspectors as part of regular scheduled maintenance for both elevators and escalators. The annual State inspection of the escalators shall include an inspection of the interior area while the steps are removed for the clean down and inspection. See Rules 1008.2i and 1206.6a of ASME A17.1 1996 or corresponding rule in the applicable edition. Forty-five (45) days prior to expiration of certificate of compliancy the Contractor shall arrange for a qualified QIE Inspector perform annual testing all safety devices of the elevators and escalators. The Contractor shall remove and reinstall sufficient steps for a thorough inspection of pans and steps, and shall make all necessary adjustments to make the equipment comply with the applicable version of ASME A17.1.

vi. The Contractor shall compile and submit all documentation required for renewal for a Certificate of Compliance to all appropriate government agencies along with a copy to DART’s COTR.

9.

Onboard Remote Monitoring (ORM)

a. The Contractor must have the capability to monitor ORM equipment installed by DART on any unit. The Contractor shall be responsible for responding to the data received by the ORM devices.

b. DART may require the Contractor to install ORM equipment on any unit that is not

currently equipped with such a device.

c. Monthly monitoring and historical storage data fees shall be paid by the DART.

10.

Safety Procedures

The safety procedures in the latest edition of “Elevator Industry Field Employees Safety Handbook” shall be followed as well at those required by OSHA.

11.

Submittals and Report Requirements

a. Within 10 days of contract award, the Contractor shall submit for DART's approval, a plan outlining all functions to be performed and their scheduled frequency. The Contractor shall use Section 12 below as a guide for the programmed maintenance plan with the work to be performed, including, but not limited to, the items listed. The Contractor shall establish a computerized database using Microsoft Access, or approved equal, that tracks the maintenance history of each and every escalator and elevator covered by this agreement. The database shall be updated as work is performed and remain current at all times. An updated copy of this data base, as well as PM sheets, service tickets, reports, etc, must be provided to the COTR at the time of invoicing. All performance functions, documentation and submittals must be complete and delivered for the invoice to be considered complete. Reports generated from this database shall be made available to the authority upon request. These reports shall include descriptions necessary for interpretation of the data.

b. The Contractor shall provide a monthly schedule, to the Contracting Officers

Technical Representative (COTR) of preventive and predictive maintenance a

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minimum of one month in advance. All completed PM and service documentation shall be provided with the monthly invoice along with the following:

i. Daily log identifying failure occurrence by unit

ii. Escalator reliability and maintainability analysis report

iii. Failure of each type of equipment components, i.e., sensors, rollers, etc.

All documentation required by code to be available on site shall be maintained and secured by the Contractor.

12.

Escalator Service

Escalators are located at the DART Headquarters Building and require routine maintenance examinations to be performed at a frequency of not less than monthly. The mechanics performing these examinations shall observe the operation of the equipment through its full range of movement, make corrections, adjustments, lubricate, etc. required to maintain the equipment per original manufacturer specifications.

a.

Daily Checks

All units will be visually checked each morning by 6:00 a.m. to insure proper operation. Ride each unit checking for vibration or noise. Test all e-stop buttons for full equipment stop.

b.

Monthly Services

The Semimonthly Services will be performed on the first of each month or the first working day thereafter if the first is on a weekend or holiday. These services include:

i. Ride unit and check operation for smoothness, unusual vibration or noise, and

examine handrails for damage. Examine comb plates for mesh with step treads and condition. Replace combplate segments that have one broken or damaged tooth.

ii. Examine step treads and risers for wear, damage or running condition that

indicates internal problems such as worn rollers or chain. Check for proper mesh with combplate.

iii. Examine operation of demarcation lights and side combplate step lights. Replace

lamps as needed.

iv. Examine all exterior surfaces including balustrades and skirt panels for loose screws and snag points.

v. Examine controller for loose/burnt wiring, burnt/pitted contacts, moisture, etc.

vi. Verify proper operation of controller cooling system and maintain to insure

effective operation.

vii. Check skirt panels for damage, clean skirt panel adjacent to steps and examine for damage. Lubricate skirt panels adjacent to steps per ASME A-17.1 to prevent dragging and grabbing of shoes, etc. (Use Montgomery KONE P-18180 or equivalent and funnel P-18181 to prevent over spray)

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viii. Check call buttons and start/stop switches.

ix. Provide semimonthly/biweekly inspection/maintenance report signed by the technician, supervisor and project manager along with the monthly invoice.

x. Run escalator in reverse direction for a short period.

xi. Operate stop buttons, handrail inlet switches, key start switches.

xii. Operate upper and lower curve skirt switches for proper operation.

xiii. Gage step to skirt clearance and adjust to 1/8” (1/16” to guides)

xiv. Examine, clean, lubricate, and adjust as necessary, handrail drive chains, main

drive chain, sprockets, reversal device, step chains, step wheels, bushings, pins, chain tension and switches. Service the step chain automatic oilers.

xv. Examine rollers for damage and deterioration.

xvi. Examine and clean handrails.

xvii. Provide monthly inspection/maintenance report signed by the technician,

supervisor and project manager along with the monthly invoice.

c.

Perform the following maintenance during February

i. Ensure monthly maintenance is performed.

ii. Clean and examine controller.

iii. Run diagnostics using service tool (if available) and correct all faults.

iv. Lubricate and adjust handrail drive chains. (Use Montgomery Kone 505660-032 or equivalent)

v. Visually examine main line breakers for signs of loose connections, and

overheating.

vi. Provide quarterly inspection/maintenance report signed by the technician, supervisor and project manager along with the monthly invoice.

vii. Examine operation of upper and lower switches (Access cover, Inspection, Pit)

viii. Adjust Novatex boards, replace if required.

ix. Examine and operate broken step, step level, step up-thrust switches. The step

level switch must open with a downward displacement of 1/8” of the step riser on either side.

x. Service Non-Reversing device

xi. Clean lower end pan up through 30° area.

xii. Examine lower station movement, spring length, Chain switch.

xiii. Clean Pan and tracks, upper half of truss.

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xiv. Lubricate upper station main bearing (4) Use P-23278 lubricant or equivalent.

Clean up all lubricant that was expelled from relief plug and replace relief plug.

xv. Examine gear oil for level and clean the breather.

xvi. Examine the brakes and record the torque reading.

Motor #1 Brake torque _______ft-lb Motor #2 Brake torque _______ft-lb. The breakaway torque must be between 400 and 600 ft-lb. When the escalator drive machine brakes activate the 70% wear indicator or if any escalator is found to have a brake torque setting outside the parameters of the original equipment manufacturer to be immediately removed from operation until corrective measures are taken.

xvii. Lubricate lower station bearing (2) with P-23278 lubricant.

xviii. Lubricate step flange (If applicable) Use P-18345 lubricant.

xix. Lubricate drive motor, use P23278 lubricant.

xx. Test combplate impact device for operation with both vertical and horizontal

forces.

xxi. Provide February maintenance report signed by the technician, supervisor and project manager along with the monthly invoice.

d.

Perform the following maintenance during June

i. Ensure monthly maintenance is performed.

ii. Clean and examine controller.

iii. Run diagnostics using service tool and correct all faults.

iv. Lubricate and adjust handrail drive chains. (Use Montgomery Kone 505660-032 or equivalent)

v. Visually examine main line breakers for signs of loose connections, and

overheating.

vi. Provide quarterly inspection/maintenance report signed by the technician, supervisor and project manager along with the monthly invoice.

vii. Examine operation of upper and lower switches (Access cover, Inspection, Pit)

viii. Adjust Novatex boards, replace if required.

ix. Examine and operate broken step, step level, step up-thrust switches. The step

level switch must open with a downward displacement of 1/8” of the step riser on either side.

x. Examine lower station movement, spring length, Chain switch.

xi. Clean inside of handrails, clean and wax guides as required.

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xii. Clean and adjust handrail speed sensors.

xiii. Clean pan and tracks, Lower half of truss.

xiv. Test combplate impact device for operation with both vertical and horizontal

forces.

xv. Examine the brakes and record the torque reading. Motor #1 Brake torque _______ft-lb Motor #2 Brake torque _______ft-lb. The breakaway torque must be between 400 and 600 ft-lb. When the escalator drive machine brakes activate the 70% wear indicator or if any escalator is found to have a brake torque setting outside the parameters of the original equipment manufacturer to be immediately removed from operation until corrective measures are taken.

xvi. Lubricate upper station main bearing (4) Use P-278 lubricant or equivalent.

xvii. Change gearbox oil and clean breather.

xviii. Provide June maintenance report signed by the technician, supervisor and

project manager along with the monthly invoice.

e.

Perform the following maintenance during October.

i. Ensure monthly maintenance is performed.

ii. Clean and examine controller.

iii. Run diagnostics using service tool and correct all faults.

iv. Lubricate and adjust handrail drive chains. (Use Montgomery Kone 505660-032 or equivalent)

v. Visually examine main line breakers for signs of loose connections, and

overheating.

vi. Provide quarterly inspection/maintenance report signed by the technician, supervisor and project manager along with the monthly invoice.

vii. Examine operation of upper and lower switches (Access cover, Inspection, Pit)

viii. Adjust Novatex boards, replace if required.

ix. Examine and operate broken step, step level, step up-thrust switches. The step

level switch must open with a downward displacement of 1/8” of the step riser on either side.

x. Service Non-Reversing device

xi. Change ring gear oil. Discard oil, thoroughly clean bucket and refill. Use

Lubricant P23317 or equivalent

xii. Clean lower end pan up through 30° area.

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xiii. Examine lower station movement, spring length, Chain switch.

xiv. Lubricate drive motors, use P-23278 Lubricant.

xv. Lubricate upper station main bearing (4) Use P-23278 lubricant or equivalent.

xvi. Change gearbox oil and clean breather. Use lubricant P-23309 or equivalent.

xvii. Examine the brakes and record the torque reading. Motor #1 Brake torque _______ft-lb.

Motor #2 Brake torque _______ft-lb. The breakaway torque must be between 400 and 600 ft-lb. When the escalator drive machine brakes activate the 70% wear indicator or if any escalator is found to have a brake torque setting outside the parameters of the original equipment manufacturer to be immediately removed from operation until corrective measures are taken.

xviii. Examine motor coupling Grommets.

xix. Lubricate lower station bearing (2) with P-23278 lubricant.

xx. Lubricate handrail drive sheave bearing if applicable.

xxi. Lubricate step flange (If applicable) Use P-18345 lubricant.

xxii. Test missing step detector.

xxiii. Test comb impact trip force _______ ft-lb. Horizontal; ___________ ft-lb.

Vertical.

xxiv. Provide October maintenance report signed by the technician, supervisor and project manager along with the monthly invoice.

g.

Annual Services

i. Ensure monthly, quarterly, and February, June & October maintenance is performed.

ii. Remove steps for a thorough inspection, lubricate and adjust equipment as

required. Inspect step welds. Slide step axles bushing to center of axle clean and lubricate. Coordinate this to allow the state inspector to inspect the unit interior in compliance with rule 1008.21 and 1206.6 of ASME A17.1c-1999.

iii. Clean truss, pan, and underside of steps.

iv. Examine track for wear, joints heal clearances, both laterally and vertically.

v. Examine step chain for wear and lubrication of sidebars and pin connector holes.

vi. Examine setting and operation of all safety devices, including skirt switches,

broken chain switches, tension devices, etc.

vii. Examine main sprockets for wear, tightness, and lubrication.

viii. Examine handrail chain tighteners, countershaft bearing, sprockets, step grades, for proper settings and wear.

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ix. Coordinate and support annual safety test and state inspection following

requirements as established by ASME code A-17.1 and adopted by the State of Texas Department of Licensing and Regulation. Tests may be witnessed by an inspector designated by DART.

x. Provide annual inspection/maintenance report signed by the technician,

supervisor and project manager and state inspection documentation along with the monthly invoice.

13. Elevator Service

Regular routine maintenance examinations shall be performed at a frequency of not less than monthly. The mechanics performing these examinations shall observe the operation of the equipment through its full range of movement, make corrections, adjustments, lubricate, etc. required to maintain the equipment per original manufacturer specifications.

a. All units will be visually checked each morning by 6:00 a.m. to insure proper operation. Ride each unit checking for operation of the alarm bell, door open buttons, lights and gongs, car and landing sills, emergency phone, photocell and safety edge operation.

Daily Checks

b. The monthly services will be performed on the first of each month or the first working day thereafter if the first is on a weekend or holiday. These services include:

Monthly Services

i. Rider unit, listen, look and feel for any unusual noises or abnormal operation.

Check emergency communications system. ii. Check elevator system event logs. iii. Examine machine room equipment iv. Correct any deficiency as necessary. v. Record all work completed. vi. Check expiration date on the first extinguisher in the machine room. Inform

COTR if it is past the expiration date. Verify proper operation of controller cooling system and maintain to insure effective operation.

vii.

Firefighter Service

1) Verify phase I and phase II service is operational. (Service function of the elevators exclusively for fire personnel use.)

2) Sign log sheets for month tested.

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viii. Controller

1) Check condition of line starter contactor (s), mountings and contracts. 2) Check relay contacts for excessive burning and proper contact wipe. 3) Check Cabinet cooling fan for operation.

ix. Car & hoist way 1) Check condition of glass, panels, handrails, car lighting and fixtures. 2) Check alarm bell. 3) Check emergency stop button. 4) Check operation of all signal lights, lanterns and gongs. 5) Check door open buttons. 6) Check pit switch and light for proper operation. 7) Check emergency phone 8) Check that pit light guard is in place and light operation. 9) Check stopping accuracy and door closure force. 10) Check hall button operation. 11) Clean pit

x. Hoist way door – Car top

1) Check operation of inspection station and light. Make certain light guard is in place.

2) Make certain emergency exit doors are secure. 3) Check operation and adjustment of interlock, hook and pickup roller assemblies. 4) Check condition and alignment of roller and lift rod. 5) Check hook to box clearance. 6) Clean tracks, sheaves/sprockets for wear and chain for stretch. 7) Check condition for relating cable. 8) Check door closed (reel, weight, and spring type) 9) Check door gibs, sills and struts. 10) Check for proper running clearance between door panel, door jams, and header. 11) Check eccentrics for .005” clearance.

c. Quarterly Services

i. Controller 1) Check peak and system clocks for correct time.

ii. Mechanical Selector Drive

1) Clean and apply light film of oil tape, cable or chains. 2) Check selector shoe for proper operation and wear, replace as necessary.

iii. Door Gate Operator

1) Check, clean, & lubricate operator. 2) Check cams & micro switches. 3) Check tightness of cam screws levers and fasteners.

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4) Check door torque. Settings must not exceed 30 ft ibs. 5) Check nudging operation. 6) Check door opening and closing speeds. All group cars must be equal. 7) Check belt tension and shaft bearings for wear. Make certain door operation

cover is securely fastened.

iv. Car Doors

1) Check door clutch and restrictive clutch operation, wear, clearance of alignment. 2) Make certain safety edge mountings are secure. Lubricate pivot points. 3) Dissemble and clean door (gate) contact. Check gate switch roller for water. 4) Check for proper running clearance between door panel, door jams, and header. 5) Check condition of gibs and sills. 6) Clean and check alignment of electric and reflector/receiver.

v. Hoist way doors – Car top

1) Clean car top. 2) Check leveling switches and timing. 3) Lubricate and clean car fan or blower. 4) Check oil reservoir level and rail lubricators.

vi. Hoist way – Car

1) Check car emergency light and fan for proper operation. 2) Check all sheave fasteners and grooves. 3) Check alignment of car shoes and/or roller guides. Lubricate guide shoe stems.

vii. Retiring Cam

1) Check cam for proper operation. 2) Lubricate pivot points

viii. Guide way and Counterweight

1) Check counterweight rollers and roller shaft for wear and damage and tightness.

Lubricate shafts and rollers. 2) Clean guide way.

d. Semi-Annual

i. Controller

1) Check all resistance tubes, grids and connections. ii. Mechanical Selector Drive

1) Check and clean switches, floor bar contracts, brushes and holders. 2) Check spring, shunts and fastenings. 3) Check condition if travel cable and rope.

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4) Check wire connections for tightness. 5) Check condition of selsyn motor brushes. 6) Check and lubricate selector sheaves and gearing. 7) Check condition of selector cable or tape and pitches. 8) Check operation of slack cable switches

iii. Hoist Way – Car Top

1) Check and clean track sheaves/sprockets and chains. 2) Check relating cable

iv. Hoist way – Car

1) Check limit switches by hand for proper operation. 2) Clean limit switch contacts, rollers and check for wear. 3) Check limit switch cam alignment. 4) Check oil levels in buffers. 5) Check alignment of buffer to strike plate. Insure fasteners are secure.

e. Annual Services

i. Controller

1) Check settings and operation of overloads. 2) Remove and clean fuses. 3) Clean fuse holders.

ii. Hoist way doors – Car top

1) Check all car mounted cams and switches 2) Check condition of each stabilizer.

iii. Hoist way – Car

1) Check terminal slowdown cam fastenings. 2) Insure piston and platen fastenings are secure. 3) Clean hoist way, rails and car sides. 4) Check travel cable and ropes for damage, twisting or chafing. Make certain

fastenings are secure. 5) Check guide rail clips, brackets and fastenings for tightness. 6) Check stiles for cracks, bends, rust and loose bolts. 7) Check slants rods and nuts for tightness.

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F. Emergency Operation Procedures

1. Emergency operation procedures plan shall be submitted within fifteen (15) days of the date of the Notice to Proceed and shall include, by name, the contractor’s staff and phone numbers (to include cell and/or pager numbers) listed in order of priority for contact and written directions on what the staff is expected to do in an emergency situation (including contacting the appropriate authorities, i.e., police, fire, ambulance, etc.) as directed by DART safety department.

2. The Contractor shall respond to any emergency situation by phone within thirty minutes

from the time the contractor’s staff is notified of an emergency, twenty-four hours a day, seven days a week, three hundred and sixty-five days a year. If the emergency situation requires contractor’s personnel to arrive at the building, the Contractor’s personnel shall physically respond within one hour from the time the contractor’s staff is notified of an emergency. The Contractor shall provide written Emergency Operations Procedures to the Authority or comply with the DART Emergency Plan as developed by DART’s Safety Department.

3. The Contractor shall provide input to DART staff in preparing emergency action plans as required by Local, State and Federal Codes, regulations or laws. These plans shall be detailed and shall include, but not be limited to fire, power failure, bomb threat, severe weather, building evacuation, hazardous material spills or emissions, elevator entrapments and critical equipment failures as it applies to building maintenance applications. This function will be in coordination with the DART Safety Department.

4. In the event of an emergency occurrence, the Contractor’s staff shall assist Authority

personnel in the implementation of the appropriate action plan(s). Contractor’s personnel shall take all reasonable action necessary to protect the safety and welfare of all individuals, employees, patrons, etc. in the Building at all times, as well as all of the Authority’s property.

G. Emergency Generator Operation and Maintenance

1. The Contractor shall be responsible for the operation, maintenance, inspections and warranty administration of all emergency generating systems and uninterruptible power supply (UPS) equipment throughout the Building. The following diesel fueled emergency generators are located at the DART Headquarters Building:

Location: P1 Manufacturer: Cummins Onan Model Number: DBAB-5585161 KW Rating: 230 Location: Roof Manufacturer: Cummins Onan Model Number: 60OBDYA-15R722218J KW Rating: 60 Location: Roof Manufacturer: Cummins Onan Model Number: DGFA-4476422 KW Rating: 150

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The following diesel fueled emergency generator is located at the DART Police Headquarters Building:

Location: Parking Lot Manufacturer: Cummins Model Number: DFAB-5585161 KW Rating: 230 Serial Number: L020444577 Phase: 3

2. The procedure of operation shall include as a minimum:

a. Operation of emergency generators at two week intervals with run time of fifteen (15) minutes after nominal operating temperature is reached;

b. Actual load transfer will be completed quarterly; and c. Transfer switches will be checked and calibrated by manufacturer, or

manufacturer’s representative, on a yearly basis.

3. Perform quarterly inspections on all emergency generators which shall include:

a. Checking fluid levels b. Checking wiring batteries and any other components necessary for operation. c. Check air filter and crankcase breathers. Replace with customer’s approval. d. Check and adjust belts required. e. Check genset for loose, bare broken wiring or connections. f. Check governor operation, stability linkage and oil. g. Check fuel tanks, pumps and lines for leaks or damage. h. Check engine, heaters, radiator, hoses and heat exchanger for leaks and

condition. i. Check inlet screen if water is supplied other than a radiator. j. Check condition batteries (load test) electrolyte level and charge rate. k. Start and run engine, check temperatures and pressures. l. Test engine safety shutdown systems. m. Check unit for proper frequency/speed, voltage and amperage. n. Submit a report to owner, and advise of any further work required

4. Perform semi-annual preventative maintenance on all emergency generators which shall

include checking fluid levels, wiring of batteries and any other components necessary for operation.

5. Perform annual preventative maintenance which shall include the quarterly services and the following additional services:

a. Replace engine-lubricating oil and properly dispose of used oil from premises. b. Replace oil, fuel and coolant filters and add corrosion inhibitor as needed. c. Replace lube oil in hydraulic governors (if applicable). d. Check ignition system and replace when necessary (with customer’s approval).

6. The following optional services may be requested by the Authority:

a. Load banks. b. Oil, fuel and coolant sample analysis.

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7. Contractor shall maintain inspections reports or other documents associated with the repairs and maintenance of such equipment in accordance with OEM procedures and recommendations.

8. The inspection and testing of the generator and UPS equipment shall be scheduled and

performed in a manner that that will not adversely affect DART operations.

H. Electrical/Plumbing/Roof Repairs

The Contractor shall administer any and all service contracts regarding on-call response related to electrical, plumbing and roof repairs. Contractor shall maintain inspections reports or other documents associated with the repairs and maintenance of such equipment.

I. Access Control System Operation and Maintenance

1. Contractor shall coordinate the installation, repairs and inspections of the building

security components with the DART Police Department and the subcontractor that handles this service for DART.

a. The Contractor shall coordinate equipment repair and inspections with the

provider/installer subcontractor during the warranty period through miscellaneous services expenditures.

J. HVAC Systems

1. The Contractor shall be responsible for the operation, maintenance, and warranty

administration of the Heating Ventilation and Air Conditioning (HVAC) systems.

2. The Contractor shall provide for preventative maintenance, inspections, service and repairs including parts, materials and supervision to maintain the equipment in operating condition consistent with the manufacturer’s recommendations. Preventative maintenance of the HVAC system includes, but is not limited to:

a. Lubricating equipment; b. Changing filters; c. Adjusting and replacing belts; d. Keeping equipment clean; and e. Systematic inspections, diagnostic testing and correction

3. The Contractor shall provide a preventative maintenance schedule and reports to DART’s

COTR or designee.

4. DART’s Police Headquarter’s equipment includes the following:

a. Air Handling Unit Fans (8) fans total: 4 each Supply Fans: 1 each 40HP, 1 each 30 HP & 2 each 25HP 4 each Return Fans : 1 each 15HP, 1 each 10 HP, 1each 7.5 HP and 1 each 5 HP motor and the unit heater which has 2 each fans: 1 each .08HP fan and 1 each .014HP fan.

b. Chiller, a 180 ton unit Model YCIV207VA46 c. Cooling towers. d. Split System DX unit [1 with (4) ¼ Hp fan motors]. e. Boiler, a 1.8mil BTU Lochinvar unit. f. Computer Room Air Conditioner CRAC Unit Fans (2 each) ½ HP & (1 each)

1-1/2 HP motor fans.

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g. Air terminal units with 6 fans, (1 each) 1/6 HP, (1 each) ¼ HP, (2 each) 1/3 HP, and (2) ¾ HP motor fans.

Inspection of equipment shall be conducted as follows:

a. Quarterly inspections b. Semi-annual inspection c. Annual inspection including tear down and check

4. DART’s Headquarters’ equipment includes the following:

a. AHU Fans (8 fans total, 6-50HP & 2-75HP) b. Two (2) Chillers (McQuay) c. Cooling towers (3 each) Valtimore Air Coil (VAC) d. HVAC Liebert units (3 ea) located inside the computer room e. HVAC Trane units (72 ton & 80 ton) f. Air compressors (2 each Quincy) g. DX Equipment

Inspection of equipment shall be conducted as follows:

a. Quarterly inspections b. Semi-annual inspection c. Annual inspection including tear down and check

6. The HVAC Maintenance shall be as follows: Quarterly and Semi-Annually:

a. Inspect blower for cleanliness b. Tighten / adjust belts (if applicable) c. Lubricate bearings (as applicable) d. Inspect isolation system e. Inspect drain pans

Annually - In addition to items a-d above, perform the following:

a. Perform vibration analysis b. Perform spike energy analysis on bearings c. Verify / record voltage d. Inspect electrical connections at unit for tightness e. Inspect heating elements f. Change belts g. Test for refrigeration leaks including relief valve piping outlets h. Check main starter and control panel i. Check relays, operating and safety controls j. Check condenser and evaporator flow switch operation and calibrate k. Check vane control setting, operation and adjust as required l. Check water side pressure drops across vessels for proper water flow m. Check refrigerant and oil levels n. Perform baseline vibration analysis o. Meg compressor and oil pump motors p. Clean oil cooler strainer, water cooled only q. Check oil sump / casting heater operation r. Perform spectrographic oil analysis for weak metals, moisture and acid s. Inspect vibration eliminators and inspect water piping for leaks

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t. Inspect and mechanically clean condenser water tubes (remove return heat only) u. Check head pressure control operation for tower fans or bypass valve v. Check minimum condenser water temperature operation w. Clean and paint external surfaces as determined by manufacturer x. Log chiller operating conditions, analyze performance y. Review chiller operation with COTR z. Notify COTR of any needed repairs aa. Review maintenance logs for trends bb. Test for refrigerant leaks including relief valve piping outlets cc. Inspect starter contacts for burns and discoloration dd. Run chiller and log readings, analyze performance ee. Check vane control operation ff. Check oil sump / casting heater operation gg. Record and report unusual noises and vibrations

In addition to the above criteria, Contractor shall follow all equipment specific maintenance requirements specified by equipment manufacturer.

7. The Contractor shall provide for water conditioning on all equipment associated with water treatment to ensure optimum heat transfer throughout the HVAC system. Monthly testing shall occur for water treatment chemicals to ensure the prevention of corrosive or otherwise detrimental conditions within the chillers, piping, heat exchangers and pumps is eliminated. Contractor shall take the necessary steps to minimize wasting water.

8. The Contractor’s building engineering staff shall respond on the same day of request to

operating complaints (i.e. hot/cold calls) upon receipt of a verbal directive, on-line service request from employees and/or the Authority’s COTR.

9. Contractor shall provide HVAC filters at the DART Police Department Headquarters Building meeting a Minimum Efficiency Reporting Value (MERV) of 13 (See Exhibit H – Attachment 5, Air Condition Filter Sizes).

K. Building Maintenance and Operations

1. Pest Control

The Contractor shall inspect the Building and provide for a pest control program for pest elimination of the entire inside premises and outside structure, including all areas adjacent to the Building. The COTR must approve all pesticides prior to implementation. Pest control program shall be conducted during normal business hours of 8 a.m. to 5 p.m. at the Police Department Building and after 5:00 p.m. at the DART Headquarters Building and shall include:

a. Use of effective and environmentally safe products to control pests.

b. Pesticide treatment to the exterior (building parameter) can be performed at

agreed upon time with the COTR.

c. Crawling insects and rodent control.

d. Fire ant and cricket control.

e. Gnats, excluding interior plants.

f. Fly control, wood destroying insects, ants, fleas, ticks, paper and carpet mite control.

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2. Fire Alarm Monitoring

The Contractor shall provide, on a monthly basis, building fire alarm monitoring in accordance with State and Local Codes.

3. Metal Maintenance

The Contractor shall provide metal maintenance services on a quarterly basis to include the cleaning and polishing of all exterior entrance door frames, atrium door frames and all elevator interior and exterior cabs.

4. Power Washing

The following work applies to the DART Headquarters Building:

The Contractor shall power wash the parking garage, the exterior building perimeter, the loading docks and gates, three (3) exterior DART signs and sweep the parking garage as follows:

a. Power wash the parking garage semi-annually (once every six months) – to include vacuuming and sweeping the garage during off hours. The schedule of this service shall be coordinated with the Authority’s COTR and internal departments. The Contractor shall remove all grease, oil, coolant, chewing gum, graffiti, paint, bird droppings, dirt and other foreign substances from the parking garage and exterior building parameter with the appropriate absorbent or cleaner. The contractor shall submit Material Safety Data Sheets (MSDS) to the Authority’s COTR for approval prior to use of any cleaner(s). The contractor shall deploy a containment barricade to prevent chemicals and contaminants from entering the storm drains. All vestiges of any soaps and cleaners shall be recovered and not allowed to enter a storm water conveyance system (ditches, gutters, drains, etc.). The recovered vestiges shall be disposed of in accordance with all local, state and federal law and regulations.

b. Power wash the exterior building perimeter once per month up to the building’s

columns on Pacific Avenue and Akard Street, and up to the curb on Federal Street.

c. Power wash DART’s exterior signs (3 each) on a quarterly basis to remove dust,

dirt and grime. The power wash of the DART sign on the Pacific side of the building shall include the back “inside of the sign”.

d. Sweeping of the parking garage (P1) and (P2) once per month to remove trash

and debris.

5. Interior Plants and Exterior landscape Maintenance.

a. The Contractor shall provide an interior plants maintenance program. The contractor shall be responsible for the care, maintenance, replacement and coordination with original installer for any warranty effort, as necessary, of all interior plants.

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b. The Contractor shall spray plants for gnats.

c. The contractor shall provide landscape maintenance for the outside planter

located on the Akard Street side of the building. The maintenance shall include repairs to irrigation lines, cleaning of flowerbeds and pruning shrubs.

d. The contractor shall provide 4 color plant changes per year. The color of the

plants to be coordinated with the COTR

6. Janitorial Services

a. Background

Contractor shall supply labor, transportation and all necessary supplies to maintain cleanliness of the DART Headquarters Building and the DART Police Headquarters Building. All other facilities listed in Exhibit H – Attachment 3 and shall be on a time and material basis. DART requires daily cleaning to include, but not limited to, building/facility offices, kitchens, restrooms, lobbies, hallways and auditoriums.

b. Scope

The purpose of this SOW is to provide the requirements for maintaining cleanliness of the DART building and facility as listed in Attachment 3.

c. Monthly Janitorial Services Report

The Contractor shall submit a monthly report, to the Authority’s COTR, of the janitorial services performed. The janitorial services report (the format of which will be decided upon contract award) must be submitted by the 5th

i. Reason(s) why a particular office, cubicle and/or area was not cleaned the previous night ( e.g., DART employee still working) including office or cubicle number(s)

day of each month and shall include, at a minimum, the following:

ii. Any building plumbing problems (particularly in the restrooms). E.G,

commodes not working properly, water not being dispensed from the sinks, water fountains not working, etc.

iii. Any suspicious activities

iv. Results of monthly janitorial walk-thru

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d. Abbreviations / Definitions Table 4

ABBREVIATION DEFINITION

ANSI American National Standards Institute

Bull Pen Bull Pen Area is the secured area at the Police Headquarters parking lot where the DART Police cars are parked.

Clean Unsoiled, free from dirt, stain, or impurities

COTR Contracting Officer’s Technical Representative

CO Contracting Officer

Deodorize To mask or neutralize the odor

DART Dallas Area Rapid Transit

Disinfect To cleanse to destroy or prevent the growth of disease-carrying microorganisms.

Disinfectant An agent, such as heat, radiation, or a chemical, that destroys, neutralizes, or inhibits the growth of disease-carrying microorganisms.

Etc. (et cet·er·a) A number of unspecified persons or things

HVAC Heating, Ventilation and Air Conditioning

Monroe Shop DART Police Headquarters Building is also known as this.

MSDS Material Safety Data Sheets

OSHA Occupational Safety and Health Administration

QAP

Quality Assurance Plan – Quality Assurance Plan – A general definition of a Quality Plan is given by ISO 8402. “Document setting out the specific quality practices, resources, and sequence of activities relevant to a particular product, project or contract”.

Sanitary Free from elements, such as filth or pathogens, that endanger health; hygienic.

Sanitize To make sanitary, as by cleaning or disinfecting

SOP Standard Operating Procedure

SOW Statement of Work

Spotless Free from blemish; impeccable

Vinyl Tile Resilient flooring available in flat pieces usually measuring 12" x 12" which can be installed as individual units.

Validated Incident

Any DART employee who observes unacceptable service, either incomplete or not performed and validated by the COTR and/or Field Inspector.

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e. Work Requirement

i. Technical Requirements

1) Contractor shall supply all resources to perform all services.

2) In all washing and/or cleaning operations where a wet and/or slippery cleaning condition could cause danger to the public, Contractor shall warn of this possible hazard and shall use OSHA approved signs. No area shall be left unattended until the condition that could cause the problem has been cleared and posses no further concerns.

ii. Contractor Cleaning Personnel

1) Minimum Requirements DART Headquarters Building:

a) The Contractor shall provide sufficient cleaning personnel (“Day Porters”), five (5) days per week, Monday through Friday from 7:00 a.m. through 5:00 p.m. The daily activities of these personnel will be directed by the Authority’s Contracting Officer’s Technical Representative (COTR) via the Property Management Contractor. At all times, the Contractor’s personnel shall be required to wear contractor-furnished uniforms with the company name on the uniform for identification purposes. The Contractor shall provide for the uniforms and any necessary cleaning of uniforms, at its own expense.

b) The Contractor shall provide sufficient evening (or “night”) cleaning

personnel for each of the four floors (1 through 4). The Contractor shall provide a minimum of one supervisor to manage and direct the activities of the evening cleaning personnel. The evening cleaning personnel minimum daily work schedule is Sunday through Thursday from 6:00 p.m. through 12:00 a.m., or until all cleaning requirements set out within this Statement of Work are completed.

2) Minimum Requirements for DART Police Headquarters Building:

a) The Contractor shall provide sufficient cleaning personnel (“Day

Porters”), five (5) days per week, Monday through Friday from 8:00 a.m. through 5:00 pm to complete the requirements listed in Table 6. The daily activities of these personnel will be directed by the Authority’s Contracting Officer’s Technical Representative (COTR) via the Property Management Contractor. At all times, the Contractor’s personnel shall be required to wear contractor-furnished uniforms with the company name on the uniform for identification purposes. The Contractor shall provide for the uniforms and any necessary cleaning of uniforms, at its own expense.

iii. Contractor Equipment and Supplies

1) All paper products for restrooms, kitchens and break rooms 2) Seat covers for commodes 3) Soap for dispenser in restrooms

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4) All necessary equipment and supplies (i.e. commercial grade mops, floor polishers, vacuums, brooms, buckets and all other necessary equipment and supplies to perform janitorial services)

5) Replacement of paper towel dispensers in kitchen and break rooms 6) The following is an estimated annual usage on paper products:

Table 5 – Estimated Annual Usage of Paper Products

Item Description

Unit of

Measure

DART

Headquarters

DART PD

Headquarters

Quantity per Unit

of Measure

Toilet Paper

Case

320

91

96 Rolls Per Case

Toilet Seat Covers

Case

61

20

20 Packs Per

Case Hand Soap

Gallons

220

85

Gallon Containers

Paper for Automatic Dispensers (hand towels)

Case

330

125

6 Rolls Per Case

7. Trash

The Contractor shall administer a contract to dispose of all trash and recycling materials taken from the buildings in accordance with applicable federal, state and local law and regulations. Trash dumpsters/compactors sizes must be coordinated with COTR. Dumpsters shall be closed type with compactors at the DART Headquarters Building. At the Police Department Building, dumpsters must have a lid top and must be pad locked. They are located within an enclosed pad measuring 28’-0” x 13’-0” (W x D).

a) Recycle Removal

The Contractor’s staff shall coordinate and manage recycling services for all these buildings. The coordination shall include:

i. Scheduling training for the janitorial staff by the Contractor’s recycling

vendor.

ii. Monitoring the recycling container to ensure that only recyclable items, such as paper, aluminum cans, light bulbs (disposal of lights bulbs to be coordinated with the Authority’s Environmental Department), etc., are deposited in the recycle container appropriately.

iii. The recycling compactor shall be emptied at least twice per month or as

required by the Authority. The recycling container shall be washed clean every 6 months.

iv. Any revenue generated from the removal of recycling by the Contractor’s

recycling vendor shall be made payable to the Dallas Area Rapid Transit and submitted to the following address on a monthly basis:

Dallas Area Rapid Transit (DART) PO Box 840009

Dallas, Texas 75284-0009

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Contractor shall submit a monthly report detailing amount of revenue generated and a breakdown of resources conserved by recycling. (e.g., trees, gallons of water, oil, cubic feet of landfill space averted, etc.)

b) Trash Removal and Disposal

i. Trash is never to be left out in bags overnight. All trash bags shall be removed and deposited in the dumpster (located outside of the building/facility) the same day it is collected.

ii. Contractor shall remove trash can liner bags and replace with a new transparent liner bag at each servicing.

iii. Contractor’s transparent trash can liner bags will be of an appropriate size to fit the trash can from the top to bottom with no more than six inches (6") left to roll over the top of the trash can.

iv. If the transparent trash can liner bag has been punctured and contents within the bag have contaminated the actual trash can interior, Contractor shall wash, disinfect and deodorize the interior of the trash can prior to installing a new transparent trash can liner bag.

v. After replacing the transparent trash can liner bag, Contractor shall wipe down the outside surface of the trash can, removing any dirt, grime, garbage or other foreign substances utilizing an approved cleaning/disinfectant product and fresh clean water.

vi. Contractor shall ensure that papers and/or boxes encountered during the cleaning of the building/facility and/or offices that are too large for a wastebasket or trashcan are plainly marked “Trash” before removal.

vii. Contractor shall collect all litter from the DART Police Department Building grounds and empty the trash cans in the Bull Pen area.

8. Dusting and Polishing

(a) Hand dust and wipe clean with treated cloth all office furniture, file cabinets, fixtures, plaques and other wall hangings, door to door frames, door knobs, thermostats, windowsills and all other horizontal surfaces.

(b) Clean all vertical surfaces including doors, door frames, around light switches, private entrance glass and partitions, elevator door jams, elevator interiors, escalators, and main entry glass (three entrances into lobby at the DART Headquarters Building).

(c) Dust and damp wipe all telephones including pay phones, paying special attention to ear and mouthpieces.

(d) Dust and remove debris from all metal door thresholds (including elevators and escalators).

(e) Dust light fixture lenses.

(f) Clean all low reach areas including but not limited to chair rungs, structural and furniture ledges, baseboards, window sills, door louvers, molding, etc. (weekly).

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(g) Dust all high reach areas including but not limited to tops of doors and frames, structural and furniture ledges, air conditioning duct, diffusers and return air grills, light fixtures, picture frames, top of cubicle frames and overhead storage compartments, etc.

(h) Dust all window blinds and wash windowsills (weekly).

(i) Dust and/or wash all directory boards to remove fingerprints and smudges.

(j) Contractor shall vacuum, dust and wipe all chairs.

9. Stairwells and Elevators

a. Stairwells and elevators shall be cleaned in accordance with the schedule in Table 6 and be kept litter and trash free.

b. Stair handrails, elevator grab rails, walls, light lenses and controls shall be wiped clean, using an approved cleaning/disinfectant product and fresh clean water removing any fingerprints or stains.

c. Elevator floors, stair landings, tread, and risers shall be swept clean and mopped to remove any dirt. These areas will be stripped and waxed in accordance with the schedule in Table 6.

10. Windows and Glass Doors

a. In accordance with the schedule in Table 6, all windows and glass doors shall be washed by Contractor with an approved cleaning/ disinfectant product and fresh clean water to produce a streak free surface.

b. Contractor shall wash all other inside surfaces, to include but not limited to windowsills, kick plates, doorframes, etc., utilizing an approved cleaning/disinfectant product and fresh clean water.

11. Remove Foreign Substances

a. The primary goal of cleaning the building/facility is to keep them as clean and in well-maintained condition. Contractor shall not perform or neglect any work or service, which may damage the appearance of the building/facility and/or its components.

b. Contractor shall remove all gum, candy, paint, grease and other miscellaneous foreign substances to include, but not limited to columns, walls, windows, doors, or other type surfaces as may be required. Metal and/or hard type scraping tools will not be used to remove these foreign substances from the building/facility structures or other non-glass surfaces. A suitable industrial grade cleaner may be used on these surfaces so as to protect their surfaces. The standard window glass type scraper devices may be used on glass window surfaces.

12. Refrigerator Cleaning

All refrigerators shall be cleaned one time every month on a schedule to be determined by DART’s COTR and may be modified from time to time. The beginning schedule will be determined upon award of the contract.

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a. Basic Requirements:

i. Remove all items in the refrigerator (food, ice and ice receptacle, removable shelves, all storage drawers, containers, etc.).

ii. Dispose of all food in the refrigerator in a trash container provided by DART. No

frozen items are to be thrown away unless specified to do so. iii. Using a sanitizing agent and method, completely sanitize the inside of the

refrigerator compartments, refrigerator door, freezer compartment, freezer door, outside of the refrigerator and freezer compartment doors, the exterior side and top panels, physically moving the refrigerator to gain access to the side and top panels.

iv. A copy of the refrigerator-cleaning schedule shall be posted at each refrigerator to

be cleaned. Contractor’s employees must write their initials on the schedule upon completion of the work.

v. Place all parts removed from the refrigerator back in their proper location. vi. Dispose of any cleaning agent and residue in a plastic trash bag of a minimum 3

millimeters in thickness. A separate bag must be used for each refrigerator.

vii. Remove all equipment and materials used in the sanitation process.

b. Refrigerator Count

i. DART Headquarters Building – 22 standard size, 2 small ii. DART Police Headquarters Building – 4 standard size, 10 under the counter type

13. Day Porters Procedures and Specifications

a. Daily (unless otherwise specified)

i. Vacuum carpeted areas as requested ii. Clean all vertical surfaces including doors, door frames, around light

switches, private and public entrance glass and partitions, elevator door jams, elevator interiors, escalators, and all glass entry doors.

iii. Sweep and damp mop hard surface floors using dust-control techniques. iv. Monitor all interior and exterior stairwells throughout the entire building and

keep in clean condition. v. Damp mop spillage in office and public areas when requested. vi. Dust and damp wipe all phones paying special attention to ear and

mouthpieces. vii. Clean all walk-off mats. viii. Clean, sanitize and polish all drinking fountains to include any side grills. ix. Dust and remove debris from all metal door thresholds (including elevators

and escalators). x. Sweep and pick up all trash from the exterior building parameter and

parking garage. See Exhibit H, Facilities Layout, Attachment 4 for parameter drawing of DART Police Headquarters Building.

xi. Daily re-stock kitchen break rooms paper towel dispensers.

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b. Break Rooms

i. Contractor shall remove all litter that is on or around the tables inside the break rooms.

ii. Contractor shall wipe with an approved cleaning/disinfectant product and fresh clean water (to include but not limited to) all tables, cabinets, chairs, vending machines, refrigerators exteriors, microwave exteriors, HVAC vents and ice machines that are located in the employee break rooms. Under no circumstances shall Contractor leave the break room area in an un-orderly manner at any time after completion of cleaning.

iii. Contractor shall not install lights of any kind at any DART building/facility.

iv. All lighting fixtures attached to, or a part of the building/facility less than fifteen feet (15') above ground level, having removable lenses, shall have their lenses cleaned by Contractor in accordance with the schedule in Table 6. Contractor shall remove and clean lens covers of any accumulations of insects and dirt. Lens covers are to be cleaned with an approved cleaning/disinfectant product and fresh clean water and then securely reinstalled.

14. Computer Room/Revenue Count Room/Secured Storage & Equipment Areas

The day porters shall clean these secured areas once daily. The Authority’s COTR will provide location information and the appropriate time of day for cleaning after award.

15. Restroom Cleaning

All bathroom fixtures (to include, but not limited to sofas, coat hangers, etc) shall be maintained by Contractor in a clean and sanitary manner as follows:

a. The day porters shall clean the Authority’s restrooms (male & female) two (2) times per day, Monday through Friday. The first cleaning shall occur between 8:00 a.m. and 12:00 p.m. and the second cleaning shall occur between 1:00 p.m. and 5:00 p.m. with at least four (4) hours between the first cleaning and the second cleaning.

b. All bathroom fixtures shall be cleaned and disinfected with an approved cleaning/disinfectant product and fresh clean water. This includes flushometers, piping, toilet seat hinges and other metal. Undersides of urinal rims and bowls, both sides of toilet seats and all exterior surfaces shall be cleaned and disinfected.

c. Commode brushes shall only be used to clean the inside of the commode bowls.

d. Mop, rinse and dry floors as needed.

e. Contractor shall use an approved cleaning/disinfectant product and fresh clean water on the exterior of commodes, commode seats, shower stalls (if applicable) and all other bathroom fixtures.

f. The lavatory sinks shall be properly cleaned with an approved cleaning/disinfectant product and fresh clean water. The hand soap

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dispenser shall be checked for soap and refilled with an approved hand sanitizer soap.

g. All stainless steel fixtures, ventilation grilles, stall partitions (including attachments), light lens, shelves, towel racks, tissue holders, shower stalls and curtains (where applicable) and paper towel dispensers shall be cleaned with a clean damp cloth and an approved cleaning/disinfectant product and fresh clean water. All fixtures shall be then wiped with a clean dry cloth to remove any streaks and spots. Shower curtains shall be replaced as needed.

h. Toilet paper, toilet seat covers and other paper supplies shall be checked and replaced as required. One (1) case of commercial grade toilet paper and paper towels used in the bathrooms shall be maintained at all times in the storage closets designated by DART at building. Contractor may be permitted to place an “approved” lockable container within the storage closet. Extra paper towels shall not be left lying on top of paper towel dispensers. Contractor’s personnel shall repair or replace any dispenser not operating properly.

i. Commercial grade bathroom deodorizers shall be maintained in all restrooms.

j. All urinals shall be cleaned and be supplied with commercial grade screened deodorizer tablets.

k. Agents, disinfectants, air fresheners and deodorants shall be submitted to the Authority’s COTR for approval prior to use. Disinfectant shall be odorless. Contractor shall maintain a record of all Material Safety Data Sheets (MSDS) at each facility for all items used.

l. Empty and sanitize all receptacles and sanitary stall waste containers; replace trash bags.

m. Clean all mirrors and counter tops.

n. The Contractor shall provide restroom air fresheners once per month in all building restrooms and other areas as may be required. The COTR will inform the Contractor of any other areas requiring air fresheners. All air fresheners must last a minimum of one month.

16. Floor Care

a. Contractor shall provide, on a quarterly basis, a floor care schedule to the COTR identifying the floor location and the date in which the floor care is to be performed. This schedule will also serve as an advance notice to the COTR who will communicate to DART personnel the date work will be performed in their areas.

b. Contractor upon completion of floor care work will send an email to the COTR indicating the work has been performed and identifying the floor care location.

c. Contractor will update and submit to the COTR the floor care schedule to include the actual date of the work performed by location and the floor care

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schedule for the next quarter, ten (10) work days prior to the start of the quarter.

d. All concrete, ceramic tile and vinyl floors shall be dust mopped with an approved cleaning/disinfectant product and fresh clean water treated dust mop daily.

e. All concrete, ceramic tile and vinyl floors shall be broom swept and wet mopped. Refer to Table 6 for the cleaning schedule. Mopping shall be accomplished with an approved cleaning/ disinfectant product and fresh clean water. Areas shall be mopped first with a wet mop and then a second time with a damp/dry mop to pickup all loose water and detergent. Repeat until the mopped area is free of dirt, water and streaks. When mopping, Contractor must mark the area with a “Slippery When Wet” OSHA sign until dry.

f. All concrete and vinyl tile floors in each building/facility shall be stripped and waxed using three (3) coats of a high quality floor wax. This wax shall be formulated for a high coefficient of friction to avoid accidental falls. Apply three (3) thin coats of floor finish using either a lamb’s wool applicator or a new mop. If a new mop is used it should first be soaked in water overnight in order to release any oily substance applied to the cotton fibers during the manufacture of the mop and which could interfere with the quality of the finish. Each separate coating should be applied in a crisscross manner and in a perpendicular direction to the previous coat.

g. The mixtures of polymers in the floor finish determine its drying time, durability, gloss, buffing ability, re-coat and blending ability. Contractor shall follow manufacturer’s instructions of drying time between each coat.

h. The mixture of finish and sealers in the wax determines the procedures used to apply and maintain the finish and what kind of surface can be coated with any given finish.

i. No buffing or burnishing between coats as this practice can backfire and the high friction caused by the rotation of the floor machine could result in annealing the finish.

j. Once the final floor finish coat has been applied allow the floor cure for a minimum of six (6) hours and preferably overnight, before buffing or burnishing. Floors shall be buffed weekly utilizing a polishing pad with an industrial grade floor-buffing machine. Floor gloss shall be enhanced using a spray wax during buffing. All wax products shall be approved by the COTR after award of the contract.

17. Public Areas

a. Sweep, wet mop and dry floors. (Daily) b. Buff, wash or scrub all vinyl and concrete floor surfaces. (Weekly) c. Hard floor surfaces (other than “Stone floors”) shall be stripped, cleaned and

sealer coat applied. d. Vacuum and spot remove stains in carpet in accordance with carpet

maintenance service specifications. (Sundays ONLY at DART Headquarters Building)

e. Wipe smudges from all hard surface walls and keep well shined. f. Clean all glass walls and doors using a non-streaking cleaner.

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g. Wipe off smudges and fingerprints on all stainless steel using the proper treatment leaving a high sheen with no residue or streaks.

h. Remove all spider and cobwebs. i. Dust, vacuum and clean all conference rooms and board rooms including

erasable marker boards, chalkboards, tables, chairs, counter tops and cabinets.

j. Clean light lenses. k. Dust all interior surfaces, clean and polish all metals (interior and exterior,

in/on all elevators and escalators), clean or vacuum all elevator floors, and clean all escalator treads.

l. Clean, sanitize and polish all drinking fountains to include any side grills. m. Sweep treads and remove any trash or debris from all stairs and landings. n. Dust all fire extinguishers. o. Remove smudges and/or fingerprints from all doors. p. Clean all building interior and exterior glass entrance doors including garage

entrances, vestibule areas, and glass panels. q. Clean all of the glass on doors and glass panels, inside and out, on elevator

and escalator lobbies throughout the building. r. Clean all break rooms, tables, chairs, counter tops, sinks, coffee brewers and

air pots. s. Secure all doors when cleaning of the offices or other rooms is completed. t. Upon completion of cleaning of each floor, turn off all the lights. Light

controls are located in the main lobbies by the Pacific side elevators on floors 2 through 4 at the DART Headquarters Building.

u. Return chairs and wastebaskets to proper positions. v. Empty and clean waste receptacles and remove waste paper and rubbish

from the premises. Wash receptacles as necessary and replace liners. w. Hand dust and wipe clean with damp or treated cloth office furniture, file

cabinets, fixtures, windowsills and other horizontal surfaces. x. Damp wipe and polish glass furniture tops.

18. Cleaning/Sanitizing Floors, Walls and Surfaces

Contractor shall clean, sanitize and disinfect floors and walls to a height of eight feet (8') above the floor surface and building/facility fixtures in the waiting areas and restroom using an approved cleaning/disinfectant product and fresh clean water guaranteed to kill all bacteria on contact.

19. Carpet Maintenance Specifications The goal of the following procedures is to protect and prolong the appearance of the modular roll or squares (loop pile) carpet installed at DART. These processes and procedures have been proven effective and are essential to ensure the life of the carpet.

New carpet installation – Contractor to comply with new carpet maintenance specifications. The contractor shall submit Material Safety Data Sheets (MSDS) on all chemicals and cleaning agents to the Authority’s COTR for review and approval prior to use. All chemicals and cleaning agents will be LEED certified.

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A. DAILY MAINTENANCE 1. Vacuum Daily Proper vacuuming is one of the most important parts of a total preventative maintenance program. Ineffective equipment or procedures will accelerate the appearance loss of the carpet by allowing dirt and grit to penetrate the pile surface. The accumulation of this dirt, especially the very smaller particles, can also lead to indoor air quality problems. The contractor is assigned the task of daily vacuuming and weekly spot cleaning. 2. Preventative Cleaning

a. Clear the area of chairs and small furnishings. b. Vacuum the entire area with the recommended equipment. c. Pile Lift heavily soiled and heavily trafficked areas. d. Spot clean entire area using appropriate spotting techniques. e. Power Spray the area with recommended cleaning agent. f. Agitate with recommend equipment in most heavily soiled and heavily

trafficked areas. g. Allow for appropriate chemical dwell time as recommended by chemical manufacturer. h. Extract the area with hot water. i. Continue extracting until clear water is being recovered from the carpet.

CAUTION – Do Not Over Wet the Carpet. j. Allow time for the area to completely dry. k. Additional pile lifting may be necessary in areas that still show signs of

crushing. l. Move chairs and small furnishings back to original positions. If furniture is

going to be put back in place before the carpet is completely dry, it should be blocked so that metal and wood are not exposed to the damp carpet.

3. Spot Clean Weekly

a. Inspect to determine the source of the spot. b. Area to be treated shall be vacuumed or free of any debris or trash.

Test the fabric being spotted with all solutions that may be used for color fastness before use.

i. In the case of a liquid spill, blot up as much of the spill as possible with a

clean, white absorbent towel or extract the area with the extraction machine.

ii. In the case of a hardened or dried spill or a solid material spill, remove as

much of the encrusted material as possible. Thoroughly dry vacuum the area before proceeding to spotting.

Step 1: General Spotter Apply the spotter (If spot is gum, skip to next step) 1. Apply the solution directly to the affected area sparingly. 2. Agitate the spot and the spotting solution with the spotting spatula. Working from

the outside of the spot toward the middle. 3. Tamp the spotting solution (never rub) into the fibers using a tamping brush and

a clean absorbent white towel.

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4. Extract or blot the affected area to remove the spot and spotting solution. 5. Inspect for effectiveness of removal procedure. 6. If spot is removed…STOP! 7. If further action is needed, proceed to one of the next three steps based upon the

source of the spot. a. If the spot is not removed and the spill is a common food or beverage,

proceed to the directions for applying ACID DETERGENT SPOTTER. b. If the spot is not removed and the spill is oil or grease based, proceed to

directions for applying the SOLVENT SPOTTER. c. If the spot is gum, proceed to directions for applying the CITRUS GEL

SPOTTER.

Step 2: Citrus Gel Spotter 1. Shake the gel well before using. Apply the gel sparingly to the top of the gum. 2. Allow the gel to set for three minutes. 3. Agitate the gum with the spotting spatula. Remove as much gum as possible. 4. Repeat the procedure if necessary. 5. If gum is removed, STOP! 6. If gum residue remains, apply COLVENT SPOTTER according to directions.

Step 3: Acid Detergent Spotter 1. Apply the solution directly to the affected area sparingly. 2. Agitate the spot and the spotting solution with the spotting spatula. Work from

the outside of the spot toward the middle. 3. Tamp the spotting solution (never rub) into fibers using the tamping brush and a

clean, absorbent white towel. 4. Allow the solution to set for three minutes. 5. Extract or blot the affected area to remove the spot and the spotting solution. 6. If discoloration remains, consult with your supervisor and DART.

Step 4: Solvent Spotter 1. Apply the solution to a spotting towel and apply the towel to the affected area. 2. Agitate the spot and spotting solution with the spotting spatula. Work from the

outside to the spot toward the middle. 3. Tamp the spotting solution (never rub) into the fibers using the tamping brush

and a clean, absorbent white towel. 4. Allow the solution to set for three minutes. 5. Extract or blot the affected area to remove the spot and the spotting solution. 6. If these procedures are ineffective, advanced spotting procedures may be

necessary. STOP! Consult with your supervisor.

Step 5: Coffee/Stain Remover 1. Pretest fabric to determine colorfastness. 2. Mix solution according to directions. 3. Apply with trigger sprayer by lightly misting on the area to be treated. 4. Allow the solution to dry. 5. Dry vacuum up the powder residue. 6. Rinse the affected area with clean water. 7. If these procedures are ineffective, it is very likely the stain is permanent. 8. STOP! Consult with your supervisor and DART.

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B. EQUIPMENT SPECIFICATIONS

1. Approved Vacuum Cleaner Any proposed vacuum cleaner must meet the following operating specifications:

a. Top fill retrieval airflow system. b. Dual motor commercial vacuum. One motor for the airflow and suction

and another separate motor to drive the nylon bristle brush. c. Filtration System, using HEPA filter (System refers to the combined effort

of both the vacuum unit and the containment system), which must be capable of filtering at least 99.97% of dust and contaminants to the .03-micron range.

Wattage 900 minimum Vacuum Motor 750 watts one horsepower Brush Motor 150 watts Brush Drive Non-slip timing belt with electronic safety clutch

and over-speed control. Water Lift 69 inches Air Volume 91 CFM Sound Level 65 dBA Cable 40 foot, 18 gauge Bag Fill Location Top Fill Bag Capacity 300 cubic inches Filtration System Minimum 99.97% or greater efficiency for dust

and contaminants to 0.03-micron in size Regular maintenance of vacuum cleaners should include checking the condition of the brushes and making sure that there is no material obstructing the airflow channel after each use. All machines must be emptied after each use and vacuum bag replaced with a new bag. Pile Lifting is a required supplement to routine vacuuming in high traffic areas, under chairs and in funnel areas and pivot points. 2. Approved Pile Lifter

Any proposed pile lifter must meet the following minimum operating specifications. Vacuum Motor ¾ horsepower Brush Motor ½ horsepower Brush Size 4” diameter, 15” length Brush Type Self-leveling, reversible, vegetable fill or solid core, nylon tufted Cable 50 feet Filtration System Clothe, zippered bag with a paper bag insert, this is a critical component of this system. The following procedures must be followed when operating the pile lifter:

a. Vacuuming should occur prior to pile lifting. b. Pile lifting should be performed on Sundays only to allow any agitated

dust to settle. c. Determine the direction of the carpet pile lay. On modular carpet, you

can look for an arrow on the back of the carpet tile.

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d. The pile brush must be pulled against the pile direction to be the most effective. Move the brush to the starting position.

e. Pull the brush backward, placing as much weight on the brush as possible, without lifting the rear wheels off the carpet.

f. Repeat until the entire has been lifted.

3. Approved Agitation Equipment All hot water extraction units, or equals, must meet the following minimum specifications. All cleaning must be done with a scrub want. “Walk be-hind” machines are not acceptable. Type of Unit Portable Water Pressure 450-psi minimum Vacuum System Three two stage blowers Water Lift 200 inches Air Movement 100 CFM Solution Tank 16 Gallon minimum Recovery Tank 16 Gallons Vacuum Hose 2.0” Wand/Floor Tool: Type: Scrub Want Width 19-11 inches Orifice Size ½” maximum Spray Jets Maximum tow (8002 to 8004) Heat Capable of achieving continuous cleaning

temperatures of 130 Fahrenheit degrees 4. Restoration Cleaning If required, this cleaning method must be approved by DART in advance of any of the following actions being taken.

a. Clear the area of chairs and small furnishings b. Vacuum the entire area with the recommended equipment. c. Pile lift the entire area with recommended equipment. d. Spot clean entire area using appropriate spotting techniques. e. Power Spray the area with recommended cleaning agent and

recommended equipment. f. Agitate all areas with recommended equipment. g. Allow for appropriate chemical dwell time as recommended by chemical

manufacturer. h. Extract the area with hot water. i. Continue extracting until the water being recovered from the carpet is

clear. CAUTION – Do not over wet the carpet. j. Allow time for the area to completely dry. If furniture is going to be put

back in place before the carpet is completely dry, it should be blocked so that metal and wood are not exposed to the damp carpet.

k. Move chairs and small furnishings back to original positions. 5. Cleaning Chemicals for Hot Water Extraction The contractor shall submit Material Safety Data Sheets (MSDS) on all chemicals and cleaning agents to the Authority’s COTR for review and approval prior to use.

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20. Approximate Square Footage of Buildings

DART Headquarters Building and DART Police Headquarters Building information regarding square footage and type of floor coverings with square footage of floor covering can be found on Exhibit H, Facilities Layout, Attachment 4.

21. Building/Facility Access

a. At the DART Police Headquarters Building, access to the building/facility as needed to perform the duties shall be restricted to the hours of 8:00 a.m. to 5:00 p.m. Monday thru Friday. There will not be an evening shift. Contractors’ access will be limited to open offices spaces, restrooms, locker rooms and break room areas. Access to any other areas within the building will be assigned, monitored and supervised by DART Police. Contractor, or their representatives, shall not unlock any doors or allow any person(s) access into any portion of the building or facility. Failure to comply shall be grounds for immediate termination of this contract.

b. Identification badges shall be issued only to those persons needing access to the work areas.

c. DART is not responsible for Contractor’s employees nor any subcontractor’s employee’s transportation.

22. Guidelines and Restrictions

a. While performing these services, Contractor shall not be permitted to interfere with building/facility operations and/or the natural flow of employee traffic. Contractor shall limit any inconvenience and/or interference with employee usage if and when such occurrences may be required. When DART employees or patrons obstruct Contractor in performing their duties Contractor may either wait until the area is cleared or re-direct their efforts in other areas until the problem clears. All correspondence from Contractor concerning janitorial matters must be through the COTR.

b. Contractor shall maintain the janitorial closets in a neat and odor-free manner. All mops shall be washed and rinsed at the end of each work shift and hung to dry. All paper supplies shall be stacked neatly in boxes or on shelves (if available). All chemicals shall be stored in a manner to prevent any spillage or leakage on the floor of the closets. It is Contractor’s responsibility to ensure that the janitorial closets are locked after each work shift.

c. Contractor shall remember they are representing DART and such will never argue or be disrespectful to a DART patron or employee. If questioned, Contractor and/or his personnel are to inform patrons or DART employees they are under contract to DART to supply services to that building/facility and any additional information should be supplied by the COTR.

d. All Contractor personnel assigned to service the DART facilities are required to pass an extensive background check administered by DART Police. Persons assigned to the DART Police and Headquarters building must not have been convicted of a felony, Class A misdemeanor or crimes of moral turpitude nor shall they have served any state jail time.

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e. Contractor’s personnel servicing the buildings/facilities shall be neat, well groomed and wear smocks or uniforms that have embroidered name patches located over the right pocket area and embroidered company insignias over the left pocket area. These shall be worn at all times. Contractor’s personnel will be issued DART security badges that shall be visibly worn at all times while servicing the building/facility. Contractor’s personnel will dress in accordance with the DART SOP NPG-0773. Proper shoes and other OSHA required safety equipment and/or clothing shall be used when performing work that could be harmful to the worker, DART employees, patrons or passers-by.

f. Contractor shall provide a person that understands and speaks English at all times in the building/facility when work is being performed under this contract.

g. The COTR shall be notified immediately if any problem that may occur at building/facility that could indirectly have an effect on DART’s employees.

h. Contractor’s employees and/or sub-contractors are prohibited from carrying or possessing weapons while on DART’s property.

i. Contractor shall maintain a daily log of personnel on DART property and assignments performed. Contractor shall provide copies of the log to the COTR on a monthly schedule or within twenty-four (24) hours if requested by the COTR no later than the fifth (5th

j. After each restroom, break room, and/or kitchen has been cleaned, the person performing this task will initial/sign and record the date and time on the log sheet once the cleaning function has been performed. The log sheets must be available upon request of the COTR.

) day of each month.

k. Contractor will provide monthly quality inspection reports to the COTR no later than the fifth (5th

23. Work Schedule

) day of each month.

a. Only the CO can make changes and/or adjustments to the work schedule.

b. Contractor shall require custodians to remain on site to perform housekeeping duties at the DART Police Headquarters Building. These duties shall include, but are not limited to, cleaning bathrooms, kitchens, break rooms, locker rooms, picking up trash in and around the facilities and elsewhere as stated in this SOW.

24. Communication with Custodians

Contractor shall provide all custodial supervisory personnel with either pagers or cell phones and shall provide the COTR with the current pagers or cell phone numbers immediately following contract award and as changes occur.

25. Quality Assurance Plan (QAP)

a. Contractor will provide DART with their QAP five (5) days a contract award. The QAP will assist DART in measuring Contractors performance.

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b. The QAP provides a systematic method to evaluate the services provided by Contractor.

c. This QAP is based on the premise that DART desires to maintain a quality

standard in maintaining building/facilities.

d. Contractor, not DART, is responsible for management and quality control actions to meet the terms of the contract. The role of DART is to ensure that the contract standards are achieved.

e. In this contract, the quality control program is the driver for the services

provided. Contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensure a "self-correcting" contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead Contractor to success.

f. Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a robust quality assurance program.

26. Performance Standards

a. Contractor shall be measured by the following standards and in accordance with Table 6.

b. Incidents and field inspection reports will be used as the primary method of monitoring performance. Periodic inspections by the COTR or designee will be another method of monitoring performance. In addition, the COTR or designee will perform monthly quality checks on all buildings/facilities.

c. Any DART employee who observes unacceptable service, either incomplete or not performed will immediately contact the COTR. The COTR will complete appropriate documentation to record the complaint and validate the incident. Contractor will be notified and allowed the opportunity to re-perform to a satisfactory standard. If Contractor fails to re-perform the work not completed, it will be considered unsatisfactory and will be documented and forwarded to the CO for appropriate action.

d. Unacceptable Standard

If more than five (5) incident reports are received within a calendar month, the COTR will follow the process outlined in paragraph 16- Performance Standards, Subparagraph “c” of this document.

i. Dull and dusty floor coverings, showing spots and marks.

ii. Waste containers full to overflowing.

iii. Area dusty and streaked.

iv. Dust and dust balls evident.

v. Furniture dusty, marked, and in disarray.

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27. Contractor’s Inspection Report

a. Contractor shall provide and maintain an internal inspection system acceptable to DART covering the services under this contract. Complete internal records of all inspection work performed by Contractor shall be maintained and made available to DART throughout the term of this contract.

b. Contractor shall submit (hand carry, e-mail or fax) a monthly report to the COTR reflecting the dates and times the cleaning began and ended for each building/facility cleaned. DART reserves the right of approval for the type and construction of the forms to be used.

28. Supervision by Contractor

At all times during performance of this contract and until the contract is completed and accepted, Contractor shall directly supervise the work assigned and/or have the work supervised by a competent supervisor who is satisfactory to the CO and has authority to act for Contractor.

29. Deliverables

a. Contractor Deliverables

i. Quality Assurance (QA) plan.

ii. Monthly quality inspection report.

iii. Quarterly floor care schedule.

iv. All pagers and/or cell phone numbers.

v. Daily log sheet of performance to COTR monthly.

vi. Lockable container within the DART supplied closet (if applicable).

vii. Contractor shall submit a list of green compliant products and the MSDS for these products that will be used in the performance of this SOW within five (5) days after award or as changes occur of the servicing of these facilities, which must be approved by the COTR for compliance with city, state and federal guidelines concerning their use and application. This shall include, as required, the licensing for the use and application of said materials. Disposal of these items must also comply with all city, state and federal regulations governing the proper disposal of the products used in the performance of this SOW.

30. DART Furnished Equipment

a. DART security badges.

b. Monitor customer complaints.

c. Cigarette receptacles.

d. Storage closet at building.

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e. Access will be supplied as necessary to perform cleaning duties.

f. Trash receptacles for each location DART wants managed.

31. Supporting Information

a. Security

i. Reasonable security shall be required of Contractor in order to protect DART assets from damage and theft.

ii. Contractor shall immediately notify the COTR if any of the keys and/or DART security badges are lost, stolen or misplaced.

b. Contractor will inform the COTR immediately when an employee is terminated and will return the DART security badge to the COTR with the notification.

c. Qualifications of Contractor’s Personnel

i. Contractor shall ensure that all personnel shall be of the appropriate skill level to perform the task as outlined in this SOW.

ii. Contractor shall have been in business of cleaning and custodial work for a minimum of three (3) years cleaning buildings/facilities of like or similar sizes contained within this SOW.

32. Verification

DART reserves the right to inspect Contractor’s work at any time.

TABLE 6 FREQUENCY OF CLEANING AND PERFORMANCE STANDARDS

JANITORIAL SERVICES TO BE PERFORMED

MINIMUM FREQUENCY PERFORMANCE STANDARD

LITTER, TRASH CONTROL AND CLEANING

Offices Once Daily and as Needed.

• Floors bright and clean • Waste containers clean • No dust on horizontal surfaces • Spotless and odorless

Break Rooms Twice Daily and as Needed.

• Floors bright and clean • Sinks clean and spotless • Counters clean • Waste containers clean • No dust on horizontal surfaces • Spotless and odorless

Stairwells and Elevators Once Daily and as Needed.

• Floors bright and clean • No dust on horizontal surfaces • Spotless and odorless

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Windows Per Price Schedule and as Needed. • Clean and spotless

Glass Doors Twice Daily and as Needed. • Clean and spotless

Counter Tops in Break Rooms

Twice Daily and as Needed. • Counters clean and spotless

Removal of Foreign Substances As Needed. • Clean and spotless

Clean Office and Furniture Once Daily and as Needed.

• Remove dust, dirt and grime • Clean and spotless

Light Lens Cleaning Monthly. • Clean and spotless

Bathrooms Minimum Twice Daily and as Needed.

• Clean sinks, urinals, toilets • Replace all paper products • Clean floors • Area must be clean, spotless and odorless • Shower • Soap • Toilet Seat Covers

FLOOR CARE

Vacuuming Once Daily and as Needed. • Carpet, clean spotless and odorless

Sweeping, Dusting, and Mopping

Minimum Once Daily, and as Needed

• Sweep floors • Dust furniture and all horizontal surfaces • Clean floor with a clean mop leaving no

streaks or stains

Stripping and Waxing Four Times Per Year and as Needed

• Clean and spotless • No scuffmarks and scratches

Stairwells, Landing Strips and Waxing

Monthly and as Needed

• Clean and spotless • No scuffmarks and scratches

Waxing and Buffing Weekly and as Needed

• Clean and spotless • No scuffmarks and scratches

Sanitizing Floors, Walls and Surfaces As Needed • Clean and spotless

Carpet Steam Cleaning Semi-annually and as Needed

• Clean with a professional carpet steam cleaning machine to remove visible stains, spots, water, dirt; detergent solvents shall be odor free.

Cleaning of unoccupied areas

Quarterly and as Needed

• Dust all horizontal surfaces • Clean floor with a clean mop leaving no

streaks or stains • Clean and spotless

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33. Miscellaneous Services and Expenditures

a. Provide Unscheduled Building Maintenance, Repair, Operations and Special Projects Expenditures at DART Rail Stations, Transit Centers, Transfer Centers, Maintenance Facilities and Passenger Transfer Locations. See Exhibit H, Attachment 3 for a list of site locations.

The Contractor shall perform special projects/miscellaneous services for building operations, maintenance and repairs. These services shall be performed in accordance with a service request approved by the Authority’s COTR and shall not exceed $50,000 in accordance with Exhibit D, paragraph (21) entitled Purchasing /Subcontracting/Competitive Bidding. All work exceeding the small purchase threshold (currently $50,000.00), shall be procured by the Authority and will not be purchased under this contract.

b. Special Projects/Miscellaneous Services may include, but is not limited to:

i. Major building repairs ii. Building capital improvements iii. Building renovations/space reconfigurations iv. Replacement of building equipment v. Minor construction (e.g. adding/removing walls, miscellaneous millwork,

tape bedding and painting) vi. Professional consulting services vii. Professional design services viii. Oversight of building’s capital improvements ix. Specialty cleaning services including pavement sweeping x. Pest control xi. Window glazing and repair/replacement xii. Elevator inspections and repairs xiii. Fencing xiv. Crane Inspections and certifications xv. Fire System Inspection & Certification xvi. Furniture moving and cubicle reconfiguration xvii. Event/activity set-up and breakdown

Refer to Exhibit H – Attachment 3 for a list of site locations. DART reserves the right to modify this list.

34. Warranties

The warranties listed in Exhibit H, Attachment 2 apply to the DART Police Headquarters Building unless otherwise specified. Any additional warranties that surface between the time the current contract expires and the new contract commences will be made known to the successful offeror after award of the contract.

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EXHIBIT H

ATTACHMENT 1

DART Safety Program and Standard Operating Procedures

Reference Documentation

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DALLAS AREA RAPID TRANSIT AUTHORITY

SYSTEM SAFETY PROGRAM PLAN

Revised: March 2010

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Table of Contents

Chapter 1 Executive Approval 5

Chapter 2 Purpose, Goals, and Objectives 6-7

Chapter 3 Management Structure 7-14

Chapter 4 Plan Review and Modification 14-16

Chapter 5 SSPP Implementation – Tasks and Activities 16-30

Chapter 6 Hazard Management Process 31-35

Chapter 7 Safety Certification 35-36

Chapter 8 Managing Safety in System Modifications 36-37

Chapter 9 Safety Data Acquisition 37-38

Chapter 10 Accident/Incident Notification, Investigation and Reporting 38-43

Chapter 11 Emergency Response Planning/ Coordination/Training 43-45

Chapter 12 Internal Safety Audit Process 45-48

Chapter 13 Rules Compliance/Procedures Review 49-50

Chapter 14 Facilities Equipment and Inspections 50

Chapter 15 Vehicle Equipment and Inspections 50-51

Chapter 16 Training Certification Review/Audit 51-53

Chapter 17 Configuration Management 53-54

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Chapter 18 Compliance with Local, State, and Federal Requirements 54-56

Chapter 19 Hazardous and Regulated Materials 56

Chapter 20 Drug and Alcohol Abuse 57

Chapter 21 Procurement 57-58

Appendix I DART Fleet Rolling Stock 60

Appendix II DART Facility Listings 61-65

Appendix III DART Safety Task Responsibility Matrix 66-69

Appendix IV Facilities and Equipment Subject to Inspection 70-79

Appendix V DART Vehicle Maintenance Matrix 80

Appendix VI TXDOT SSO Form 1 – Notification of Reportable Accident, Incident, or

Hazardous Condition 81

Appendix VII DART Report of Hazardous Condition 82

Appendix VIII TxDOT Final Report Form 2 83-84

Appendix IX TxDOT Checklist For Review of System Safety Program Plans 85-95

Appendix X DART Management Organizational Charts 96-97

Appendix XI DART Light Rail Transit System Maps 98-100

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DART's Mission Statement

The mission of DART is to build, establish, and

operate a safe, efficient and effective

transportation system that, within the DART

Service Area, provides mobility, improves the

quality of life, and stimulates economic

development.

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2.0 Purpose, Goals and Objectives

2.1 Purpose The purpose of the SSPP is to establish formal mechanisms used by all DART departments to:

• Identify hazards associated with DART’s transportation systems. • Eliminate, minimize or control these hazards.

The SSPP is used as a means of preventing injuries, accidents and other losses. It demonstrates DART’s commitment to safety and compliance through loss prevention programs. The plan is consistent with federal, state and local regulations where reasonably feasible. 2.2 Scope The SSPP applies to all organizational units affecting or affected by DART’s operations, throughout planning, design, construction, procurement, testing, operation, and maintenance. The Light Rail Transit (LRT) development phase (design, construction and testing) is covered in the LRT Safety and Security Management Plan (SSMP). The system safety for commuter rail (Trinity Railway Express) is governed by a separate System Safety Program Plan. 2.3 Goals The goals of the SSPP are as follows:

• Identify, eliminate, minimize, and/or control safety hazards and their risks. • Provide a superior level of safety in transportation operations. • Achieve and maintain a superior level of safety in the agency’s work

environment. • Comply with the applicable requirements for regulatory agencies. • Maximize the safety of future operations through design, procurement

process, construction and testing process. 2.4 Objectives The following objectives provide a means of achieving the SSPP goals and of measuring the effectiveness of DART safety initiatives:

• Establish safety policies, procedures and requirements that integrate safety into decision-making and operations.

• Hire and train qualified personnel. • Assign responsibilities related to safety policies, procedures and

requirements to qualified personnel. • Verify adherence to safety policies, procedures and requirements. • Thoroughly investigate all accidents, fires, injuries and incidents as

warranted. • Identify, analyze and resolve hazards in a timely manner. • Meet or exceed safety requirements in specifications; facility construction;

equipment installation; and system testing, operations and maintenance. • Meet or exceed safety requirements in vehicle operations and

maintenance. • Evaluate and verify operational readiness of new transportation systems.

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• Thoroughly evaluate the safety implications of all proposed modifications prior to implementation.

• Establish standards and procedures for safety training and performance. • Evaluate routes and scheduling from a safety perspective.

3.0 Management Structure

3.1 Overview 3.1.1 General Overview and History of Transit Agency The Transit System Plan for DART was originally adopted by the Board of Directors on June 27, 1989. The Board revised the Transit System Plan in 1995, 1997 and again in 2006. The Transit System Plan calls for a series of intermediate and long-range actions designed to improve mobility and public transit services in the metropolitan Dallas area. DART has also established a capital improvement program in order to expand its passenger amenities and facilities, and to upgrade and improve current operational facilities and equipment. The projects included in the System Plan and the capital program will have a major impact upon DART services, resulting in a redefinition of current services and an expansion to include new modes of transportation under DART’s operation. The Transit System Plan includes new service strategies for bus service that will coordinate bus service with rail, and expanded passenger facilities and amenities. The first segment of the 20-mile Light Rail Transit (LRT) starter system became operational on June 14, 1996. The Trinity Railway Express (TRE) is a commuter rail service providing transportation for Dallas, Fort Worth and the metroplex cities along the corridor. TRE is a joint service provided between DART and the Fort Worth Transportation Authority (The T). TRE commenced service between Dallas Union Station and the South Irving Transit Center on December 30, 1996.

3.2 Scope of Transit Services 3.2.1 The Transit System Plan includes 45 miles of light rail transit; 98

miles of high occupancy vehicle lanes designed for exclusive use of buses, carpools, vanpools and motorcycles; and 37 miles of commuter rail service. The plan includes service strategies for bus service that coordinates bus service with rail and expanded passenger amenities and facilities. 3.2.1.1 Light rail is electrically powered rapid rail service

generally operating at street level. It serves stations spaced approximately 0.5 to 1.5 miles. Headways provide service every 3.3 to 10 minutes on the trunk line and 10 to 20 minute departures on the branch lines, carrying over 60,000 passengers daily. The current 45 miles of revenue tracks connect South and West Oak Cliff, downtown Dallas, the Northwest Corridor to

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Victory Station, Garland, and the North Central Corridor as far north as Parker Road in Plano.

3.2.1.2 In designing the light rail system DART eliminated bus routes that duplicate or run parallel with the light rail system, and established feeder bus routes to bring passengers to the rail system.

3.2.1.3 The LRT system is double track with 845 volt, direct current, and overhead catenary. It operates over a wide range of rights-of-way including the Dallas Central Business District (CBD) transit mall, tunnels, aerial structures and reserved medians.

3.2.1.4 The light rail vehicles (LRVs) are manually operated. A signal system provides automatic train protection using wayside signals and trip stops on approximately 80% of the LRT system. There are 74 grade crossings protected by automatic warning devices. Controllers in the LRT Train Control Center monitor and coordinate operations. A Supervisory Control and Data Acquisition system electronically controls and monitors the trunk portion of the system between Oak Cliff Junction, Union and Victory Stations and all track north of the CBD.

3.2.1.5 The LRT system is operated with a fleet of 115 LRVs. Standard LRVs are 93 foot articulated cars weighing 107,000 pounds each and powered by 845 volts D.C. The standard cars are being converted to Super Light Rail Vehicles. The conversion adds a 30 foot section to the middle of each car, increasing capacity and offering level boarding for the mobility impaired. The converted LRVs are 124 feet long and weigh 139,000 pounds each.

3.2.1.6 The new 26.5 mile Green Line consisting of the Northwest Corridor and the Southeast Corridor is scheduled for completion in 2010. 3.2.1.6.1 The Northwest Corridor will add approximately

16.4 miles northwest from the West End Station to the Frankford Station in the City of Carrollton. The corridor is a combination of at- grade, aerial, and underground alignments. There are six at-grade stations and six aerial stations in the corridor.

3.2.1.6.2 The Southeast Corridor extends for approximately 10.10 miles southeast from the existing Pearl Station to the Buckner Station in the City of Dallas. The corridor is a combination of at-grade and aerial alignments. There are eight stations on the corridor, which

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are all at-grade stations. The Fair Park Station is scheduled to open in September of 2009.

3.2.1.6.3 Irving/DFW Corridor (Orange Line) – The Irving /DFW Corridor extends for approximately 13.2 miles northwest from the Bachman Station to the DFW North Station in the City of Irving. The corridor consists of three line sections, 1-1, 1-2, and 1-3. The corridor is a combination of at-grade, aerial, and underground alignments. There are ten stations on the corridor including, two aerial stations and eight at-grade stations. The funding for this corridor will be locally funded. The 1-1 section is scheduled to open in 2011.

3.2.1.6.4 Rowlett Corridor – The Rowlett Corridor extends approximately 4.8 miles from the Downtown Garland Station to the Rowlett Station in the City of Rowlett. The corridor consists of one line section, R-1. The corridor is a combination of at-grade and aerial alignments. There is one new station in the corridor, which is an at-grade station. This corridor is scheduled to open in 2012.

3.2.1.7 DART provides mass transit bus service to the residents of the metropolitan Dallas area, a service area which covers more than 698 square miles with a total population of nearly 1.7 million people. Bus service is provided 21 hours a day on both weekdays and weekends.

3.2.1.8 The DART bus route network includes approximately 137 bus routes that traverse over 1,300 miles of roadway in the service area, carrying 151,000 passengers daily. Bus and van operations are divided into four categories reflecting the different levels and types of service provided.

3.2.1.9 Local Fixed Route Service – Operated primarily in urban areas, characterized by reduced bus speeds and frequent stops to accommodate boarding and alighting of passengers. The service is operated directly by DART with DART-owned vehicles. In suburban areas most of these trips are operated between DART’s transit centers and rail stations where passengers can make transfers.

3.2.1.10 Express Bus Service – Operated primarily from suburban locations such as transit centers and park and ride locations into downtown Dallas, with most service being provided during weekday rush hours. This service is characterized by few stops and higher bus speeds since

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many of the routes travel over expressways. The service is operated directly by DART with DART-owned vehicles. A complete listing of service vehicle statistics may be found in Appendix I.

3.2.1.11 On Call Service – Contracted van service operated in designated areas to replace fixed route service that does not meet DART route efficiency standards for continuing operation of fixed routes.

3.2.1.12 Paratransit Service – Transit service for passengers with disabilities is available in all member city jurisdictions. It is contracted to a service provider to operate paratransit van and sedan service.

3.2.1.13 Trinity Railway Express (TRE) is a commuter rail train service providing transportation for Dallas, Fort Worth and the Metroplex cities along the corridor. It is a joint venture between DART and the Fort Worth Transit Authority (The T). It serves nine stations spaced approximately two to five miles apart with trains departing every 20 to 30 minutes during peak time and hourly service during off-peak hours. There is no service on Sundays or major holidays. Operation of the commuter service is contracted to a service provider. The contractor provides transportation, performs equipment maintenance, right-of-way maintenance and dispatches the corridor for freight and commuter rail traffic. DART is responsible for station maintenance and security in Dallas County and the T is responsible for station maintenance and security in Tarrant County.

3.2.1.14 The commuter rail system uses an existing freight railroad line. The line is owned jointly by DART and The T. The DART Commuter Rail Department manages all joint corridor issues. The line is a single track railroad with controlled sidings. Burlington Northern Santa Fe (BNSF), Union Pacific (UP), and Dallas, Garland and Northeastern (DGNO) freight trains share the track with the TRE commuter trains. The signal system, Centralized Traffic Control (CTC), along with the controlled sidings enable joint operations.

3.2.1.15 Commuter Rail service is provided by rail diesel cars as well as locomotives pulling bi-level coaches.

3.2.1.16 High Occupancy Vehicle (HOV) lanes are roadways reserved for exclusive use of buses, vehicles with two or more occupants and for motorcycles. Presently, DART operates and maintains 75 miles of interim HOV lanes carrying about 115,000 weekday passengers. The four areas in operation are: I-30 contra-flow HOV lane, I-35E

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concurrent flow HOV lanes, I-35E/US 67 concurrent flow HOV lanes, I-635 concurrent flow HOV lanes, and U.S. 75 concurrent flow HOV lanes. Personnel from the Mobility Programs Development Division provide safe and reliable daily operations on these roadways. The operations personnel also monitor the HOV lanes and their functions include providing assistance to stranded motorists, assisting DART and city Police during incidents and/or accidents on the HOV lane. DART operates the HOV lanes from the DalTrans Transportation Management Center located near I-30 and Loop 12. All dynamic signs, lane control signals, changeable message signs and cameras associated with the HOV lane are operated from the center.

3.2.2 Physical Plant 3.2.2.1 A listing of all DART facilities may be found in

Appendix II. 3.2.3 Transportation

3.2.3.1 Provides bus and LRT service to DART’s member cities. 3.2.3.2 Provides scheduled local and express bus services from

three divisions with approximately 1,230 full-time and part-time bus operators seven days a week over approximately 21 hours of each day.

3.2.3.3 Provides scheduled LRT services from one division with approximately 127 train operators seven days a week over Approximately 21 hours of each day. A second division (Northwest Operating Facility) will open April 2010.

3.2.3.4 Provide training for bus and rail operators and supervisory employees.

3.2.3.5 Monitors service and the performance of the bus operators to ensure safe, efficient, on-time delivery of scheduled bus service.

3.2.3.6 Provides evaluation of routes, schedules, bus stops, shelters and facilities to determine the effectiveness and condition of service and amenities.

3.2.3.7 Sustains two-way radio communication with all revenue and radio equipped non-revenue vehicles. Receives and relays information to the proper sources to provide assistance and coordination for the operation of bus and light rail transit.

3.2.3.8 Provides assistance to customers at each transit center or transfer station and monitors the maintenance and security of them.

3.2.3.9 Coordinates charter and flyer bus services and special event planning.

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3.2.3.10 Monitors service and performance of light rail operators to ensure safe, efficient on-time train service. Supports the integrated testing and preparation for the opening of future light rail line segments.

3.2.4 Maintenance 3.2.4.1 Performs preventive maintenance inspections and repairs,

corrective repairs, troubleshooting, running repairs, campaigns and modifications, body shop repairs, and vehicle servicing, fueling and cleaning of fixed route and express buses, LRVs, and non-revenue vehicles, with bus equipment garages at three major facilities and light rail equipment services at the Service and Inspection Facility.

3.2.4.2 Provide technical training for all maintenance employees. 3.2.4.3 Provides maintenance of all DART’s electronics, radio,

fare collection and communications equipment for bus and rail operations, HOV operations, and DART police.

3.2.4.4 Provides maintenance support for the Operations Control Center (OCC) and related equipment and support services and support equipment shops, including rebuilding major and small vehicle components.

3.2.4.5 Repairs and maintains operating facilities and equipment, including air compressors, pumps, vehicle washers, service stations and other structures.

3.2.4.6 Assists in monitoring the equipment maintenance requirements for contracted paratransit services.

3.2.4.7 Processes and administers all vehicle, equipment and facilities warranties.

3.2.4.8 Monitors fluids through wear, metal and contaminant analysis to prevent system or sub-system failures.

3.2.4.9 Reviews and monitors consumable goods and services for contractual compliance to technical specifications and quality.

3.2.4.10 Provides civil, electrical and mechanical engineering support. Troubleshoots all structural, electrical, pneumatic and mechanical systems, sub-systems and components to isolate cause of failure and identify corrective measures.

3.2.4.11 Develops and implements repair and maintenance procedures to ensure performance and service quality are maximized.

3.2.4.12 Develops specifications, procedures and requirements for the purchase, maintenance and improvement of vehicles, equipment and facilities.

3.2.4.13 Maintains technical information related to the vehicles, equipment and facilities to ensure that assets are

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maintained in accordance with the manufacturer’s recommended procedures.

3.2.4.14 Maintains all passenger amenities, including transit centers, park and ride locations, Dallas CBD, bus transfer centers, bus stops, passenger shelters and benches. Develops and administers programs for fabrication, installation and maintenance of bus stops, information signs, benches and shelters.

3.2.4.15 Manages contracts for groundskeeping, cleaning and janitorial services for all passenger amenities and operating facilities.

3.2.4.16 Inspects, maintains, repairs and replaces the LRT track, right-of-way, tunnels, bridges, track related structures, culverts, crossings and other rail related facilities along the right-of-way.

3.2.4.17 Monitors the corrosion control test stations, performs emergency repairs to maintain service and coordinates any maintenance that will impact vehicle traffic with the member cities.

3.2.4.18 Performs detailed tests, inspection and maintenance of LRT switches, signals, automatic and highway grade crossing warning signals, relays and other electromagnetic apparatus, insulation wires and train stop apparatus.

3.2.4.19 Performs inspections, tests, preventive maintenance, unscheduled maintenance, modifications and repairs of the traction electrification system, including catenary, conductors, cable, hardware, substations, and support structures which are used to supply propulsion power to the LRT vehicles.

3.3 Integration of Safety Function – General safety-related responsibilities of all DART personnel:

3.3.1 Department and Division Heads - Responsible for approving organizational safety policies, establishing safety goals and objectives, assignment of safety responsibility and authority, designing systems to measure safety performance, participation on the DART Safety Committee (DSC), and holding managers accountable for achieving safety goals and objectives.

3.3.2 Managers and Supervisors – Responsible for establishing appropriate budgets and allocating resources necessary to implement safety policies, monitoring and enforcing section compliance with safety standards and procedures, conducting accident investigations, participation in the hazard identification and resolution process for their sections.

3.3.3 Employees – ALL DART employees are responsible for working safely, following established rules, procedures, policies, safe work

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practices, obeying traffic and other health and safety related laws, and reporting unsafe conditions and behavior to management.

3.3.4 All organizational units are responsible for hazard identification and resolution as follows: 3.3.4.1 Maintain a hazard identification and reporting system in

the unit that encourages employees to communicate unsafe conditions to management.

3.3.4.2 Resolve hazards reported or identified through inspections, analysis, investigations, etc.

3.3.4.3 Utilize the hazard resolution process described in Chapter 6 for hazard resolution and proposed system modifications as appropriate.

3.3.4.4 Follow-up to ensure corrective actions are completed in a timely manner.

3.4 Lines of Authority for Safety 3.4.1 The Assistant Vice President, Risk Management has primary

oversight responsibility for safe operations throughout DART and manages the SSPP. The Safety Section develops and administers programs for safety audits and compliance, accident prevention, accident investigation and documentation, operations monitoring and coordination for TxDOT activities.

3.4.2 The Assistant Vice President Risk Management reports to the Executive Vice President, Administration, who reports to the President/Executive Director, DART.

3.4.3 The Safety Section performs Bus, Rail, Facility and Industrial Safety duties as well as Substance Abuse Programing. All Safety Section personnel are empowered to:

• Enter into and onto DART property and parts thereof on their own authority at any time while in the performance of their duties.

• Perform audits, field exercises, and inspections, both announced and unannounced.

• Obtain any and all data and/or evidential material upon request in the course of an investigation or other safety activity.

• Stop work where continuation, in the opinion of the safety employee, would immediately endanger life, health or cause significant damage to property.

4.0 Plan Review and Modification

4.1 Annual SSPP Review – The System Safety Program Plan is reviewed and updated on an annual basis.

4.2 SSPP Control and Update Procedures 4.2.1 After the annual and/or triennial audit cycle is complete, the SSPP

review begins. The final audit in the cycle is the annual rail audit that takes place in the last quarter of each year. The audit is

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completed by DART’s consultant and is forwarded to TxDOT no later than February 1 of each year after review, response and approval by the DART Safety Committee (DSC) with the signature of the President/Executive Director of DART.

4.2.2 By February 1 of each year, a certification is signed by the President/Executive Director, attesting that DART is in compliance with its SSPP and SSP (System Security Plan); (if the President/Executive Director can not make that certification the letter must include a plan describing the process that will be used to update the plans and a timeframe when this will occur.)

4.2.3 The Senior Manager, Safety (SMS) or his designee is responsible for initiating the review and update process. The SMS reviews all findings and responses taken from all internal and external audits and inspections and makes changes to the SSPP as appropriate.

4.2.4 The SMS then forwards the SSPP to all DSC members for their updates to statistical portions of the SSPP and review for changes in the respective department’s processes, procedures. It is the responsibility of the DSC members to ensure the SSPP is accurate with respect to their departmental related information.

4.2.5 After the SSPP has been reviewed and revised, the draft is forwarded to the DSC members for final approval that is decided by consensus of the DSC.

4.2.6 The DSC forwards the final draft to the President/Executive director for final approval and signature before the end of the fiscal year, September 30. The SSPP is then sent to TxDOT for review and approval.

4.2.7 The SMS and the AVP of Risk Management also are required to review and approve the System Security Plan.

4.3 SSPP Review and Approval by TxDOT – 4.3.1 After DSC and President/Executive approval of the SSPP has

taken place, the revised SSPP will be sent to TxDOT. 4.3.2 The SSPP will be forwarded on or before October 30 of each year.

The document will be sent electronically. The version sent to TxDOT will be in revision mode to facilitate ease in reviewing changes.

4.3.3 TxDOT will review the SSPP and revisions further requested will be made using the process described above in 4.2.

4.3.4 The process will then be repeated until TxDOT approves the SSPP, notifying the Agency through electronic means and through the U.S. Mail.

4.4 SSPP Change Management 4.4.1 The process for changing the SSPP is managed by the SMS. All

changes will be recorded through use of revision mode and a copy of the revision mode document will be maintained for reference.

4.4.2 The SSPP will be reviewed and revised, if needed, on an annual basis.

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4.4.3 The SMS will ensure that the most recent version of the SSPP is present on the DART computer network.

4.4.4 Hard copies of the plan may be distributed at the discretion of the DSC.

5.0 SSPP Implementation – Tasks and Activities

5.1 Overview 5.1.1 The President/Executive Director has delegated responsibility for

implementing the SSPP to the Assistant Vice President of Risk Management. This position oversees the Safety Section, which monitors SSPP implementation and maintenance.

5.1.2 The System Safety Program functions are carried out through a structure of three safety committees; the Bus Safety Committee (BSC), the Rail Safety Committee (RSC) and the DART Safety Committee (DSC).

5.1.3 The RSC and BSC are made up of management from the bus and rail operations and include employee representation. These committees meet monthly and review hazard identifications, analyze safety-related reports, recommend mitigations of hazards, and make safety-related decisions in accordance with their authority.

5.1.4 The DSC constituency consists of executive management and safety personnel as well as employee representatives. The RSC and BSC are subordinate to this committee. The DSC meets monthly to review the activities of the RSC and BSC, review issues requiring executive approval and make decisions requiring top level management approval.

5.1.5 The methodology is described below. 5.2 System Safety Function

5.2.1 DSC Staff Responsibilities 5.2.1.1 The Assistant Vice President Risk Management, chairs the

DSC: 5.2.1.1.1 Is responsible for scheduling committee

meetings, preparing agendas, requesting assistance from non-members and distributing DSC reports.

5.2.1.1.2 Maintains complete documentation of all DSC proceedings, including system modifications reviewed by the DSC.

5.2.1.1.3 Provides administrative, coordination and analysis support for DSC activities.

5.2.1.1.4 Reviews monthly reports from DSC members to ensure required system safety activities are carried out and issues reports.

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5.2.1.1.5 Sends the proceedings of the DSC, which also includes the minutes from the RSC and BSC meetings, to TxDOT officials.

5.2.1.2 DSC Member Responsibilities 5.2.1.2.1 All members are responsible for participating in

the DSC meetings and assisting in its activities as requested. During the scheduled DSC meetings, each member is responsible for apprising the committee of any safety issues, including proposed modifications involving their department. The members will also report on the level of compliance with safety requirements, including those pertaining to inspections, tests, maintenance, certification, procurement, training, employee communication, accident/incident investigations, and procedures.

5.2.2 Methodology – The DSC oversees the functions necessary to carry out the methodology used to achieve the SSPP goals and objectives. All DART personnel must consider the safety implications of their decisions. Specific safety related tasks of the DSC are as follows:

5.2.2.1 Coordinates safety activities of the agency. 5.2.2.2 Meets monthly to evaluate and resolve safety issues that

have not been resolved at the department level. 5.2.2.3 Conducts special meetings as necessary at the request of

Executive Management or the DSC chairperson. 5.2.2.4 Compiles pertinent safety data and perform analysis to

identify and assess operational risk. 5.2.2.5 Assigns its members and departments tasks as necessary to

address safety issues. 5.2.2.6 Assists in the investigation of accidents/incidents when

appropriate or as requested by Executive Management or a DSC member.

5.2.2.7 Ensures complete and immediate cooperation of all DART staff with Safety Section investigation personnel in the acquisition of evidential material deemed necessary by the investigators.

5.2.2.8 Performs analysis and resolves hazards submitted to the DSC by a DSC member, a subordinate safety committee (with pertinent department head approval) or Executive Management.

5.2.2.9 Evaluates proposed system modifications from a safety perspective.

5.2.2.10 Upon request, evaluates hazard resolutions proposed by other organizational units

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5.2.2.11 Utilizes committee consensus to develop DSC resolutions. 5.3 Safety Responsibilities of Departments

5.3.1 Risk Management Division – The Risk Management Division (RM), under the Executive Vice President, Administration, is responsible for the facilitation of programs to reduce risk, mitigate the extent of damages and reduce financial impact of loss. Functional areas of the division are Safety, Substance Abuse Prevention, Workers’ Compensation, Liability Claims and Insurance.

5.3.1.1 Bus and Rail Safety Committees 5.3.1.1.1 The Senior Manager, Safety chairs the Rail and

Bus Safety Committees. These management worker committees meet monthly to discuss safety issues related to the affected disciplines identified through the Hazard Identification process. Issues that cannot be resolved in these committees are elevated to the appropriate department head(s) for resolution or presentation to the DSC. If a department head’s decision is unsatisfactory to the majority of the subordinate committee, only then can the committee present their issues to the DSC directly. The methodology of these committees is the same as that for the DSC and is confined only by the parameters of authority at the mid-management level.

5.3.1.2 Audits of the system are performed by the Safety Section to ensure that departments are complying with their safety responsibilities as defined in the SSPP. DART departments may conduct audits of their own for the same purpose. Additionally, audits and inspections are conducted by consultants, insurance inspectors and TxDOT. Safety audits include:

5.3.1.2.1 Internal Safety Review – This review is conducted by a DART consultant to comply with the provisions of 49 Part CFR 659, State Safety Oversight of Rail Fixed Guideway Systems. Each year, the consultant reviews a minimum of seven of the SSPP’s required 21 elements so that each element is reviewed within a three year period. These audits utilize a format required by TxDOT. The audit, along with responses to all findings are assessed by the DSC and then forwarded to TxDOT as a part of the required annual safety report along with a formal letter of certification signed by DART’s

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President/Executive Director indicating that DART is in compliance with the SSPP. If the Assistant Vice President Risk Management determines from the findings of the annual Internal Safety Review that DART is not in compliance with the SSPP the President/Executive Director must identify the activities that will be taken to achieve compliance.

5.3.1.2.2 Oversight Three Year Reviews - At least every three years TxDOT is required by 49 CFR part 659 to conduct an on-site review of DART’s implementation of the SSPP. All 21 elements of the SSPP are reviewed. Alternatively, the on-site review may be conducted in an on-going manner over the three year timeframe. One of the main focuses of this effort is a review of the findings and responses from DART’s Internal Safety Reviews. This review utilizes a format prescribed by FTA. At the conclusion of the review the findings are communicated to DART and to the FTA. At a minimum the findings and recommendations must include an analysis of the effectiveness of the SSPP and a determination of whether the plan should be updated.

5.3.1.2.3 Safety Audits – DART voluntarily utilizes OSHA guidelines as a minimum safety standard for ensuring safe work practice. The internal program is predicated on 13 safe work practices standard operating procedures. Each year, the DART Safety Section performs compliance audits on two to three of these Standard Operating Procedures (SOPs) to measure agency compliance with the program. The results of these audits are presented to the affected department heads for review and response to findings. Safety follows-up on action items agreed upon by the department heads. DART utilizes the standard FTA format for consistency. The audits include bus, rail and other departments that are governed by the SOPs.

5.3.1.2.4 Monthly Safety Audits – Each Safety Specialist is required to conduct a safety-related audit each month. A safety rule is selected and a

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methodology for measuring compliance is proposed by the Safety Specialist to the SMS. Upon SMS approval, the audit is conducted in accordance with the approved methodology and the results are forwarded to the affected division management and their superiors for review. Depending on audit results, the audit may be repeated at intervals to monitor whether improvement is still needed.

5.3.1.2.5 Internal Audits– DART utilizes an internal audit process governed by the Internal Audits Department. The department reports directly to the DART Board of Directors and conducts audits on all facets of DART activity. Internal Audits periodically scrutinizes the activities of the Safety Section and the safety related activities of other departments, divisions or sections. Their safety related results are forwarded to Safety for review, response and corrective action, where appropriate. These activities are reported back to Internal Audits and, subsequently, to the Board of Directors.

5.3.1.2.6 Insurance Inspections – Prospective and existing insurance carriers periodically inspect DART property to determine risk potential and DART’s overall insurability. Their inspection findings are treated in the same manner as other safety audit findings, with the production of finding responses which are submitted to the insurance carrier and to upper management in the effected DART department. Follow-up is coordinated through the Safety Section in response to insurance carrier inquiry.

5.3.1.2.7 Ad Hoc Audits – On occasion, safety concerns are raised because of undesirable trending, public or agency perception, complaints, or other sources. Audits may be designed and conducted to measure the efficacy of the concern at the request of the SMS, RSC or BSC (by consensus) or any DSC member. Results of such an audit will be reported to the affected department and, if appropriate, to the requesting safety committee.

5.3.1.3 Other Safety Responsibilities – As part of the Safety Section’s responsibility to oversee safety compliance over

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all operational safety activities, they are responsible for the following activities: 5.3.1.3.1 Maintains Lead and Hexavalent Chromium

Program monitoring and properly distribute results to pertinent employees in compliance with health standards.

5.3.1.3.2 Acts as liaison between DART’s safety section and the Environmental Programs Section.

5.3.1.3.3 Assures that shop facilities and practices comply with all applicable local, state, and federal regulations in addition to DART’s internal policies and procedures.

5.3.1.3.4 Coordinates fire inspections as required and performs fire drills twice yearly at all DART operating facilities.

5.3.1.3.5 Act as a resource for all internal and external safety related inquiries.

5.3.1.3.6 Coordinates safety programming with emergency management programming.

5.3.1.3.7 Coordinate light rail activities with TxDOT. 5.3.1.3.8 Performs drivers license checks on all safety

sensitive employees at 24 month intervals or when requested by division management. The records are maintained in Transportation’s and Maintenance’s Employee Files.

5.3.1.3.9 Dispatches Bus and LRT operators for physicals in accordance with DART policy.

5.3.1.4 Insurance Program – DART manages the hazards and risk associated with both construction and operations through a combination of insurance coverage and self-insurance programs. The levels of coverage, programs terms and conditions, risk retention levels and appropriate financing of both premiums and self-insured retentions are based upon ongoing exposure identification and risk assessment. The current Insurance Program addresses the following areas:

5.3.1.4.1 Property: A master property program provides blanket coverage for all bus and rail property. The policy is subject to a $250,000 deductible.

5.3.1.4.2 Rail Operating Liability: This program provides $125 million in liability coverage for light rail and commuter rail operations, in compliance with operating agreements in the commuter rail corridor. The policy is subject to a $3 million dollar self-insured retention.

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5.3.1.4.3 Leased Location Liability: Primary and excess liability coverage for leased locations and hired-non-owned automobiles is furnished through a leased premises liability insurance policy.

5.3.1.4.4 Owner Controlled Insurance Program: A blanket program provides workers’ compensation, employers’ liability, builders’ risk and general liability coverage for all eligible contactors involved in the construction of the light rail build-out project.

5.3.1.5 Claims Management – Claims management oversees all aspects of the adjusting process for both rail and bus operations and they maintain loss data that can be used for identifying trends and training opportunities. The data is also used by the Safety Section in the hazard identification process.

5.3.1.6 Work-Related Injuries and Illnesses – Employees involved in a work related accident which results in injury or illness are required to report the accident to a department supervisor as soon as reasonably possible. The supervisor shall first obtain appropriate medical care. Within 24 hours of notification, they shall document and report the accident utilizing a state-approved reporting form. A Claims Management adjuster will be assigned to investigate the claim and initiate the appropriate benefits based upon the investigation. Reducing the frequency and severity of industrial accidents through training programs, procedural changes or recommendations for safety equipment is the joint responsibility of the Risk Management Division and the affected division.

5.3.1.7 Third Party Contracts – The Risk Management Division reviews all proposed contracts to ensure that all contractors performing work for DART have proper and adequate insurance coverage to protect against risks associated with that work. Certificates of insurance showing the required coverage are required prior to the beginning of contracted work.

5.3.1.8 Transportation Department – Transportation is responsible for all DART-operated bus and light rail service. The functional areas of responsibility are bus and light rail operations, Transit Operations Support, and Transportation Administration.

5.3.1.8.1 Safety Rules And Procedures – The Bus Operator Rule Book and the Light Rail System Book of Operating Rules defines rules and procedures and serves as the official handbook

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of DART rules for bus and rail operators. These documents are supplemented by SOPs that supply guidelines for operations personnel. The SOPs are focused on specific operational situations, such as emergencies. Document control is exercised over these rule books to ensure changes are distributed to all bus and LRT operators between complete rule book re-writes.

5.3.1.8.2 Safety Monitoring – Field Operations Supervisors monitor bus and rail operations for safety, performance, efficiency, and compliance with operating rules. Ride checks and speed checks are performed periodically by Field Operations Supervisors to monitor operator performance.

5.3.1.8.3 Accident Investigation – A Field Operations Supervisor conducts the initial investigation and serves as an On-Scene Coordinator, securing witness statements, preserving evidence, marking track, etc. as well as coordinating with DART Police on the accident scene. The Safety Section coordinates any follow-up investigation.

5.3.1.8.4 Training – Bus and LRT Operator training combine classroom and field operations components with training in rules, SOPs, trouble shooting, system orientation and communications. Examinations, both written and field, must be successfully completed before certification takes place.

5.3.1.8.5 Operations Control Center (OCC) – Bus and train movements are controlled through the Bus Dispatch and the Train Control Center. These units monitor schedule adherence, routing, emergency activities, and other immediate operating decisions. The OCC is responsible for summoning Fire Department, Police and other outside agencies and DART officials when required.

5.3.1.9 Maintenance Department – The Maintenance Department is responsible for maintenance of all DART operated property and equipment except the DART Police Headquarters.

5.3.1.9.1 Preventive Maintenance – Preventive Maintenance Inspections (PMI)are performed on a scheduled basis on all DART assets. PMIs

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comprise approximately 60% of the maintenance workload and are a key method in the prevention of failures that could result in safety-related incidents.

5.3.1.9.2 Correction of Defects – Another safety related task involving maintenance is the correction of defects, which can be discovered in five ways: 1) vehicle condition reports used by end-users to identify problems; 2) service interruptions such as service calls; (3) PMIs; 4) maintenance reviews; 5) Train Control Center logs; 6) Hazard IDs.

5.3.1.9.3 Inspection and Audit Programs – The Field Inspectors perform regular equipment, facility and systems inspections and audits to monitor the safety, reliability and cleanliness of both DART and contractor maintenance programs. Hazards that cannot be removed or altered through regular management procedures are referred to the DART Safety Committee (DSC) for an acceptable resolution.

5.3.1.9.4 Safety-Related SOPs – Maintenance personnel work with established safety related SOPs, including Lockout/Tagout, Hazardous Material Handling, Confined Space, Welding, Cutting and Brazing, and others. Safety-related SOPs are developed by the Maintenance Department in conjunction with the Safety Section and must be approved by the department management.

5.3.1.9.5 Maintenance Training Group – This group develops training programs for mechanics and supervisors. Training programs provide a career path for mechanics from entry level to technician level. All training programs are designed to imbed safety related information into the overall training element. The group also serves as a resource to other departments.

5.3.1.9.6 Accident Investigation – The supervisor performs the investigation of all industrial work-place accidents. Risk Management’s Safety Section will assist as necessary or upon request. When necessary, changes or additions to procedures, special communications, or supplemental training are initiated to prevent future incidents, if identified hazards cannot be controlled or eliminated by modifications or

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other engineering changes. Hazards identified through the investigation process may be forwarded to the appropriate safety committee.

5.3.1.9.7 Maintenance Document Control – Maintenance Document Control has responsibility for maintaining documentation on the configuration of all DART controlled assets, rail and non-rail not maintained by Engineering Document Control. This requires administration of the change control procedures, drawings, specifications and other configuration documents.

5.3.1.10 Rail Program Development – The Rail Program Development Department is responsible for engineering and construction of DART facilities and for the development phase of the LRT system, the TRE commuter rail system, as well as major bus facilities. The Light Rail Transit System Safety Program Plan describes major safety activities and responsibilities for the acquisition phase of the project. This safety program is effective through the design, construction, installation and testing stages of the project.

5.3.1.10.1 Safety Certification – All major elements of the LRT project are safety certified prior to revenue service. Checklists of safety requirements are developed and a safety and security certification review team systematically assures compliance to these requirements. A Safety and Security Certification Plan details this process.

5.3.1.10.2 Emergency Response – Interface with emergency response organizations including fire, police and FBI is facilitated through the Fire/Life Safety Committee (FLSC). Regular meetings are held with all involved emergency response organizations to inform them of important fire/life safety features, provide an informational forum and interface and address safety concerns associated with the LRT system.

5.3.1.10.3 Integrated Test Program – A detailed integrated test program is performed prior to revenue service that verifies all systems operate safely and as designed in their operating environment. These tests include readiness drills that simulate emergency conditions and are conducted jointly with emergency response organizations. Rail Start-up/Systems Integration operates a

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comprehensive Red Tag/Track Allocation program to assure the safety of contractors during test operations under energized conditions. All contractors working in test areas must attend a mandatory safety course and display proper identification.

5.3.1.10.4 Construction Safety and Security Program – Defines construction safety and security functions and responsibilities and other construction safety requirements such as safety equipment, documentation, training, badging, and project safety management personnel. All contractors and DART employees must comply with the requirements of the Construction Safety and Security Program.

5.3.1.10.5 Drug/Alcohol-Free Workplace Policy - All DART contractor personnel are considered safety sensitive positions and must comply with this policy. This policy requires drug/alcohol testing prior to working on a DART project, post accident, reasonable suspicion, and random tests thereafter.

5.3.1.10.6 The Construction Safety and Security Advisory Committee (CSSAC) meets monthly. This committee is comprised of construction “contractor”, consultant safety professionals, and agency safety professionals. This forum discusses project related safety/security management issues. These safety/security related issues/topics are presented to the DSC at that monthly meeting.

5.3.1.10.7 Owner Controlled Insurance Program (OCIP) – The Construction Management Division works closely with the Risk Management Division in the administration of the OCIP. The OCIP Administrator and insurance carrier provide on-site inspections of the LRT project to assure that all construction safety requirements are being followed. In addition, the OCIP Administrator and insurance carrier provide ongoing safety training to all contractors enrolled in the program.

5.3.1.10.8 Environmental Issues – The Environmental Compliance Section is responsible for addressing environmental issues including those related to hazardous and regulated materials.

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This includes analysis of hazardous and regulated materials, coordination of hazardous and regulated material removal, interface with contractors for environmental issues and securing environmental permits required.

5.3.1.10.9 Engineering Document Control – Engineering plans and specifications are managed through Engineering Document Control (EDC). EDC assures that all plans and specifications meet DART quality and formal standards and are properly sealed by a licensed professional engineer registered in the State of Texas. All changes must be clearly identified on engineering plans and specifications and submitted to EDC. In addition, as-built drawings by contractors are submitted and stored by the EDC.

5.3.1.11 Paratransit Services Department – This department is responsible for oversight of the contracted paratransit and on-call operations.

5.3.1.11.1 Performance Monitoring – Contracted service is monitored for performance standards and safety. The contractor is required to implement a safety program and to maintain specified training and employee qualifications.

5.3.1.11.2 ADA Compliance – The paratransit system complies with the requirements of the Americans with Disabilities Act. Procedures are developed for interface of paratransit with bus, light rail and commuter rail.

5.3.1.11.3 Accident Reports – The service provider is responsible for submitting accident reports to the Risk Management Division. Paratransit Services coordinates with Safety and Maintenance Technical Services as necessary.

5.3.1.12 Commuter Rail & Railroad Management Department 5.3.1.12.1 This department is responsible for all commuter

rail and DART-owned railroad right-of-way issues.

5.3.1.12.2 Trinity Railway Express (TRE) is contracted service jointly operated by DART and the “T” (FWTA) in Fort Worth.

5.3.1.12.3 TRE provides oversight of the contracted service provider including monitoring for performance standards and safety. In addition, the Federal Railroad Administration (FRA) has

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regulatory responsibilities for legislated standards regarding equipment and operation.

5.3.1.12.4 The contractor is required to implement an ongoing safety program and maintenance quality program. Accident reports are forwarded to the Risk Management Division, the Commuter Rail Department and the “T” by the contractor.

5.3.1.13 Planning and Development Department – This Department plans, develops, implements and evaluates bus and rail operating schedules. Other responsibilities include:

5.3.1.13.1 Evaluating ridership and develop spread of service, running time, service frequency and recovery time. Ensure schedules allow safe operation and adequate recovery time for operators; respond to operator complaints concerning schedules.

5.3.1.13.2 Conducts site inspections as necessary to identify unsafe operations.

5.3.1.13.3 Coordinates bus/rail interface, plans/schedules feeder lines to rail stations, develops contingency plans for substituting bus service in case of rail system closures.

5.3.1.13.4 Plan, develop and operate High Occupancy Vehicle (HOV) lanes in conjunction with member cities and TxDOT.

5.3.1.13.5 Meet FTA accident data reporting requirements. 5.3.1.13.6 Oversees Van Pool Operations.

5.3.1.14 DART Police Department – This Department provides police service to passengers and employees on the bus, LRT, commuter rail, paratransit and HOV systems.

5.3.1.14.1 Provide security for agency assets. 5.3.1.14.2 Serve as liaison with other law enforcement

agencies regarding security of agency customers and assets. Maintains interfaces with local police agencies through appropriate inter-local agreements.

5.3.1.14.3 Responds to emergency calls involving DART vehicles, initiates investigations and detains suspects prior to arrival of local authorities.

5.3.1.14.4 Assists at accident and emergency scenes as necessary, ensuring the care of the injured.

5.3.1.14.5 Provide crowd control as necessary to prevent further harm to individuals and to prevent the

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handling or moving of evidence by persons not having authority.

5.3.1.14.6 Conducts security inspections and develops crime prevention measures and programs.

5.3.1.14.7 Oversees operation of emergency phone system, responds to bomb threats, conducts necessary searches and coordinates evacuations.

5.3.1.14.8 Oversees the activities of the Emergency Preparedness Manager, which is detailed in DART’s System Security Program Plan.

5.3.1.15 Human Resources Department – The Human Resources Department is responsible for recruiting, compensation and benefits, employee relations, training and development. The department provides oversight for the following safety functions:

5.3.1.15.1 Performs background checks on all applicants deemed candidates for employment, including work history, worker’s compensation record, criminal records and driving records.

5.3.1.15.2 Arranges for pre-employment physicals and drug tests.

5.3.1.15.3 Verifies that bus and train operator applicants meet or exceed guidelines mandated by the uniform commercial driver licensing standards of the federal government as adopted by the Texas Department of Motor Vehicles.

5.3.1.15.4 Denies employment to applicants for positions that require operation of a DART vehicle if the applicant has a record of excessive moving violations or illegal substance related convictions.

5.3.1.16 Marketing and Communications Department – The Marketing Department is responsible for the following safety-related activities:

5.3.1.16.1 Customer service, marketing, audio/visual graphics, public outreach and community affairs.

5.3.1.16.2 Provides safety-related information to the public through advertising, flyers and posters.

5.3.1.16.3 Staffs the telephone information center that is responsible for disseminating service and schedule information. Any safety related problem or complaint reported by a customer is forwarded to responsible departments for response and action.

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5.3.1.16.4 Organizes public meetings related to the Service Plan, new projects or in response to requests from the community on specific issues. Community Affairs is actively involved in the development of the light rail transit system, including responding to citizen concerns regarding safety issues.

5.3.1.16.5 Provides educational efforts for school children regarding safety around light rail construction sites and LRT operations. To assist in this effort, a mascot program has been instituted.

5.3.1.16.6 Distributes safety information to riders and the public and provides a feedback mechanism on potential hazards.

5.3.1.17 Legal Department – The General Counsel’s office works closely with the Risk Management Division in the defense of all lawsuits arising from tort and worker’s compensation claims and, where reasonably feasible, defends DART in all other areas. Reviews and approves all agency contracts and proposed changes or responses to legislative issues.

5.3.1.17.1 Monitors legislation, regulatory and case information in order to provide legal advice as to whether DART procedures are in compliance with applicable law.

5.3.1.17.2 When reasonably feasible, notifies department manager when safety issues are identified in the course of case investigation and litigation.

5.3.1.18 Procurement Department – This department performs the following safety-related activities:

5.3.1.18.1 Ensures procurement process complies with DART’s established policies and procedures.

5.3.1.18.2 Enforces procurement restrictions and other procurement procedures relating to hazardous materials and equipment.

5.3.1.18.3 Adheres to safety procedures related to hazardous substance acquisition, handling, labeling, storage, disposal, and record keeping.

5.3.1.18.4 Ensures that contractors meet requirements related to the safety of DART employees, property and the public.

5.4 Safety Task Responsibility Matrix – The Safety Task Responsibility Matrix is located in Appendix III.

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6.0 Hazard Management Process 6.1 Hazard Identification and Resolution Process – The process of identifying

and resolving hazards in the system is based on the U.S. military standard, MIL-STD-882C. It involves four stages: Hazard Identification, Hazard Assessment, Hazard Resolution and Follow-up on resolution effectiveness.

6.2 Hazard Identification – Hazard identification is a process whereby an attempt is made to discover conditions in the system that, if not altered, has the potential to cause accidents, injuries or other losses. Sources for identifying hazards include but are not limited to the following:

6.2.1 Reports from passengers and other individuals through contact with customer service, field personnel or management personnel.

6.2.2 Reports from operators and other field personnel regarding hazards associated with agency vehicles, schedules, routes, policies and procedures.

6.2.3 Reports from maintenance personnel regarding equipment and facilities hazards.

6.2.4 Investigation and review of accidents/incidents by Safety Section personnel.

6.2.5 Collection and analysis of accident statistics and risk management information system data regarding safety-related items.

6.2.6 Audits performed by knowledgeable safety personnel. 6.2.7 Checklist audits performed by DART supervision.

6.3 Hazard Assessment – Hazard assessment involves determining whether assuming some or all of the risk associated with a particular hazard would be acceptable and whether corrective action is warranted. It involves hazard severity, hazard probability and risk assessment.

6.3.1 Hazard Severity – Hazard severity is a subjective measure of the worst credible mishap that could be expected to result from human error, environmental conditions, design inadequacies, subsystem or component failure or malfunction and/or procedural deficiencies. The DSC or other safety committee assigns one of 4 severity categories after a Failure, Modes, Effects, and Criticality Assessment (FMECA) is completed by members of the committee as appropriate for the nature of the hazard or Project Management.

HAZARD SEVERITY TABLE

Category Description 1- Catastrophic Death, life changing injury or major system loss 2 – Critical Severe Injury, severe occupational illness or major system

damage. 3 – Marginal Minor injury, occupational illness or system damage. 4 – Negligible Less than minor injury, occupational illness or system

damage.

6.3.2 Hazard Probability – The likelihood that a hazard will be experienced during the planned life expectancy of the system can

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be estimated. The probability may be derived from research, analysis, and evaluation of historical safety data. Hazard probabilities are ranked as shown in the following table:

HAZARD PROBABILITY TABLE Probability Level Description A - Frequent Likely to occur frequently. Continually experienced in the

fleet/inventory. B – Reasonably Probable

Likely to occur several times in the life of an item. Likely to occur frequently in the fleet/inventory.

C – Occasional Likely to occur sometime in the life of an item. Likely to occur several times in the fleet/inventory.

D – Remote Unlikely, but possible to occur in the life of an item. Reasonably expected in the fleet inventory.

E – Improbable So unlikely, occurrence is not expected. Unlikely to occur, but possible in the fleet/inventory.

6.3.3 Risk Assessment – After assessment of the severity and probability

of a hazard, and where reasonably feasible, the key departments and the DSC will make a standard analysis. A determination will be made regarding acceptance of the risk or taking corrective action. Risk assessment issues of significant impact or those where there is a lack of consensus will be submitted to the Executive Leadership Team (ELT) for resolution. The ELT is comprised of the President/Executive Director, The Executive Vice Presidents of Administration and Operations. The ELT will reach a consensus to accept, modify or reject the recommendation. Upon final approval by the ELT the resolution is presented to the responsible department(s) for implementation of the resolution.

RISK ASSESSMENT PROBABILITY/SEVERITY MATRIX

Severity Frequency 1

Catastrophic 2 Critical

3 Marginal

4 Negligible

A - Frequent 1/A 2/A 3/A 4/A B – Probable 1/B 2/B 3/B 4/B C- Occasional 1/C 2/C 3/C 4/C D- Remote 1/D 2/D 3/D 4/D C - Improbable 1/E 2/E 3/E 4/E

6.3.4 When the risks are assessed, a plan may be developed for resolution. There are four choices in the hazard resolution process:

• Design for Minimum Risk – Design to eliminate hazards through design selection.

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• Safety Devices – Hazards that cannot be eliminated or controlled through design selection shall be controlled to an acceptable level through the use of fixed, automatic or protective safety design features or devices. Provisions shall be made for periodic function checks of safety devices.

• Warning Devices – When either design or safety devices cannot effectively eliminate or control an identified hazard, devices shall be used to detect the condition and to generate an adequate warning signal to correct the hazard or provide for personnel evacuation. Warning signals and their application shall be designed to minimize the probability of incorrect personnel reaction to the signals and shall be standardized within like types of systems. Procedures and Instruction – Where it is impossible to

eliminate or adequately control a hazard through design selection or use of safety and warning devices, procedures and training shall be used to control the hazard. Procedures may include the use of personal protective equipment. Precautionary notations shall be standardized as specified by management. Safety critical tasks and activities may require certification of personnel.

6.4.1 Hazard Resolution – Where feasible, a hazard that has been

submitted for review and resolution (if necessary) shall be handled as follows: 6.3.5.1 A written Hazard I.D. will be submitted either through

the Hazard ID Workflow (an in-house designed, web based automated task distribution program), submitted to the Safety Section or to employee’s management for input into the Hazard I.D. Workflow. If the initiator is not an employee, the workflow item will be forwarded to the Sr. Manager, Safety or a Safety Specialist for input into the Workflow System.

6.3.5.2 Once input, either by the initiator themselves, by Safety

personnel or by employee’s management, the Workflow item will be forwarded to the immediate supervisor who shall initiate a resolution if possible.

6.3.5.3 If unable to resolve, the supervisor shall forward the Hazard I.D. form and their response to the SMS, BSC, RSC or DSC, as appropriate, for review and resolution. The decision on where best to forward the Hazard I.D. will be based on the best judgment of the supervisor/manager.

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6.3.5.4 Upon assignment, the appropriate committee shall review and initiate a recommendation (if necessary) for resolution whenever feasible.

6.3.5.5 If the submitting employee is not satisfied with the response from the supervisor or the RSC/BSC level, the committee shall forward the Hazard I.D., along with all recommendations and evaluations, to the DSC for further consideration. The DSC may either accept the recommendations as presented or may initiate their own resolution to the hazard. The DSC decision is final.

6.3.5.6 Open Hazard I.D.s will be reviewed and updated at all pertinent safety committees on a monthly basis.

6.3.5.7 When planning the resolution of an assessed hazard, the actions of the resolving body are guided by the following resolution guidelines.

HAZARD RESOLUTION TABLE

Severity/Frequency Resolution 1/A, 1/B, 1/C, 2/A, 2/B, 3/A Unacceptable 1/D, 2/C, 2/D, 3/B, 3/C Undesirable 1/E, 2/E, 3/D, 3/E, 4/A, 4/B Acceptable with DSC review. 4/C, 4/D, 4/E Acceptable without review.

6.3.5.8 To verify that a proposed resolution has been implemented and has achieved the desired results requires follow-up.

6.3..8.1 Follow-up is the responsibility of both the DSC and the responsible departments using statistical analysis and audits as the primary methods.

6.4 Other Hazard Management Processes 6.4.1 Hazards may be discovered in the process of engineering a new

element of the system or when making changes to the existing system.

6.4.2 Hazards identified in the Maintenance change management process (see Chapter 8 of this document) are also evaluated using a FMECA form. Such hazards may be mitigated during this process at which time the mitigation is recorded as part of the report(s) submitted for configuration management (see chapter 17 of this document).

• 6.5 Coordinating with TxDOT

6.5.1 To ensure the on-going role in the oversight of the rail transit agency’s hazard management process, DART will utilize a hazard-tracking log that reflects the consolidation of information in the hazard management process. The hazard-tracking log contains all hazards identified through the various methods applied. The

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hazard-tracking log is a function of the Hazard ID Workflow and is organized by hazard identification number. Open hazard IDs will be submitted to TxDOT monthly through the DART Safety Committee minutes packet that is sent at the beginning of each month.

6.5.2 TxDOT will review the monthly hazard activity and forward any questions or requests for information to the rail agency. TxDOT is sent the minutes of all safety committee meetings once each month after the DART Safety Committee Meeting has taken place.

6.5.3 In addition, DART will conduct meetings with TxDOT upon request and will maintain electronic contact on a regular basis.

6.5.4 During application of the hazard management process, for any hazard identified as an “unacceptable hazardous condition”, the safety section will notify TxDOT designated point-of-contact within 24 hours by use of the “TxDOT Notification of a Reportable Accident/Incident, or Hazardous Condition” form. In addition, the appropriate safety committee will conduct an investigation, lead by the Safety Section. At the conclusion of the investigation, the final investigation report will be provided to TxDOT for review and comment. Any corrective action plans developed as a result of the investigation will be reviewed and approved by TxDOT. The state oversight agency retains the authority to request a status briefing on any unacceptable hazardous condition investigation.

6.5.5 An unacceptable hazardous condition is defined as a condition that will present an immediate and serious threat to life and/or property.

7.0 Safety Certification – A formal process of Safety Certification is used to ensure that

a newly built system meets the established system safety requirements and industry safety guidelines.

7.1 The DART Safety and Security Certification Plan, LRT Build-Out Phase II-A, (System Safety Certification Plan, Rail Program Development) is a formal process that verifies that the system, as designed and constructed, meets or exceeds the stated requirements for safe operation, maintenance, and use. This includes activities in three sequential steps for the start-up of light rail operations. These steps include Equipment/facilities certification, Systems certification and Procedures/training certification.

7.2 A formal verification/sign-off document is required for each item identified in the SSCP as a certifiable element of the system. The System Integration Consultant (SIC) shall initiate Safety and Security checklists for each of these elements. These forms identify the item number, source and description of the element. Rail Program Development’s Manager, Rail Systems Safety will ensure that all required checklists and certificates are accurately completed and signatures of appropriate authority are affixed.

7.3 Phase IIB shall be constructed using the Design-Build delivery concept, Design responsibilities are similar to Phase IIA except that the contractor

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will assume final design responsibilities. The Design-Builder shall provide DART an interim and final design. Each design submission shall include a “safety and security certification checklist” for review and approval by DART’s Safety and Security Certification Review Team (SSCRT).

8.0 Managing Safety in System Modifications- DART utilizes a comprehensive system

for ensuring that safety concerns are addressed when modifications must be made to existing systems, facilities or equipment. No safety-related system modifications are initiated without use of this process.

8.1 Safety System modifications may be proposed for many reasons. These reasons include but are not limited to: 8.1.1 Response to an identified hazard for mitigation. 8.1.2 The desire or need to update technology. 8.1.3 Discontinued manufacture of presently used equipment. 8.1.4 Remodeling of facilities. 8.1.5 Equipment design or materials improvement. 8.1.6 Cosmetic adjustment. 8.1.7 Changes in the operating environment.

8.2 The Safety System Modification Process 8.2.1 All proposed changes to the existing safety system must be

submitted to Technical Services for evaluation. Technical Services utilizes a change management process that includes evaluation, testing, recommendations and document control for the proposed change.

8.2.1.1 With respect to Safety Committee recommendations for modifications, the appropriate safety committee deliberates the merits of the modification until a consensus is reached. A proposal is then recorded in the minutes of the meeting.

8.2.1.2 The recommendation is submitted to Maintenance Technical Services Division by the Safety Section.

8.2.1.3 Maintenance Technical Services Division evaluates the recommendation with respect to safety enhancement. The proposal is assessed using Failure, Modes, Effects, and Criticality Assessment discipline. The modified or new equipment is then tested in the field or by other means as appropriate.

8.2.1.4 After testing, Maintenance Technical Services Division will produce a report that includes the findings of the process as well as an opinion on the effectiveness of the proposed change in mitigating the hazard or enhancing the safety aspects of the pertinent portion of the system.

8.2.1.5 This report is reviewed in the appropriate safety committee. A decision is then made by consensus of the committee on whether or not to proceed with the modification.

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8.2.1.6 If the decision to proceed is made, the proposal, along with documentation of the assessment findings are forwarded to the affected department head(s) for approval.

8.2.1.7 Upon approval by the department head(s), a Standard Campaign Bulletin is produced specifying the change and how it is to be made. The modification is then completed.

9.0 Safety Data Acquisition – The acquisition of safety data occurs from many sources.

The sources and a general description of their use follows 9.1 Data Acquisition Process, Sources – Derived data acquisition includes, but

is not limited to, the following sources. 9.1.1 Risk Management Information System (RMIS) – RMIS is a

massive database that includes all accident and incidents that have occurred at DART since 1987. Accident reports from the day before are input into RMIS each workday by the Claims Management Section. Worker’s Compensation data is also input monthly into the system. All of the Safety Section’s monthly reports regarding accident activity and that of the Workers’ Compensation Section are derived from this data.

9.1.2 Daily Accident Report – This report is generated by the Maintenance Department. It lists all buses that have been forwarded to the body shop for damage repair. It is used by the Safety Section staff to locate damage not reported on an Accident/Incident report. Safety, in conjunction with division management determine the source of the damage.

9.1.3 Hazard Identification Workflow System – See Chapter 6 of this document.

9.1.4 Condition Assessments – When an undesirable event occurs (fire, equipment failure, etc.) a condition assessment is performed by Maintenance Technical Services Division. Maintenance Technical Services Division investigates the failure from a configuration compliance point of view and attempts to determine if there was a lack of configuration compliance contributed to the accident and produces a Condition Assessment Report. The report is distributed to all pertinent parties including the Safety Section. Any hazardous findings may be entered into the Hazard ID process and an action plan will be attached. The finding is then tracked via the Hazard ID process. The action plan is also recorded and tracked within Maintenance. Maintenance produces an Accident Incident Report monthly that shows the progress made on each action plan.

9.1.5 Customer Service Input – Complaints and safety related suggestions are taken and action tracked through the Customer Service group. Hazards thus reported are input into the Hazard ID

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system and are also tracked in this function if review and assessment warrants.

9.1.6 Unusual Occurrence Logs – Daily logs generated by Dispatcher and Train Controllers are available for review by Safety, Transportation, and Maintenance personnel as needed. Hazards identified through this means are corrected in the field or entered into the Hazard Identification System.

9.1.7 Audits – See Chapter 6 of this document. 9.1.8 Other sources – These include operator and supervisor reports,

other maintenance data, employee input of all kinds, media accounts, environmental testing, observation and others.

9.2 Access to Data – The Safety Section is specifically given authority to obtain any and all data required to carry out the safety function. 9.2.1 The Hazard Identification system resides in the Safety Section and

any hazard identifications input automatically come to safety after review by supervision. Only the SMS can permanently close a Hazard ID.

9.2.2 Maintenance and Maintenance Technical Services Division documentation is automatically forwarded to safety via the Document Control Section.

9.2.3 All Accident/Incident reports are sent to the Risk Management Division and are entered into the RMIS. The Safety Section has access to this data through the RMIS safety screen.

9.2.4 Field Supervisor reports are forwarded to the appropriate Safety Specialist in each division and to Risk Management for input into the RMIS.

9.2.5 Police Reports are requested from and received through the Claims Management Section of Risk Management who also put the reports into RMIS.

9.2.6 Customer Service sends complaints and safety related suggestions to Safety through their automated Customer Service Workflow System. Additionally, other DART management may forward customer service requests to the Safety Section if, in their opinion, the complaint or suggestion contains a safety component.

9.2.7 Executive Management also supplies data when appropriate from Board Meeting activity or concerns brought to their attention from the public or government sources.

10.0 Accident/Incident Notification, Investigation and Reporting

10.1 Accident/Incident Investigation Criteria 10.1.1 The Safety Section has overall responsibility for accident and

incident investigations as defined by the accident investigation procedure. The definition of an accident or incident is defined in DART’s Hourly Employment Manual, Chapter 9, 9.

10.2 Accident/Incident Investigation Procedures

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10.2.1 A Supervisor who is first on scene is designated as the On-Scene Coordinator (Rail) or as the Investigating Supervisor (Bus and other) initially investigates accidents/incidents. Depending on the severity of the accident, the SMS and/or a qualified Safety Specialist may participate in the on-site investigation. Preservation of evidence is accomplished through documentation, involved employee interviews and accident/incident report forms, photographs, and impoundment of DART equipment. On-scene activities are coordinated with DART Police who also investigate as well as control the accident scene.

10.2.2 Safety Section personnel are responsible for consolidating all evidentiary material into an accident/incident investigation file. Where appropriate, the SMS will call upon other DART departments and resources to assist in the investigation effort. The SMS or his assigned investigator(s) is authorized to obtain, immediately upon his/her request, any documentation, whether written, recorded or photographical for the purpose of completing an investigation.

10.2.3 The SMS or the assigned investigator shall make a conclusion regarding the preventability of each accident/incident in accordance with National Safety Council guidelines for determining such preventability in vehicular accidents/incidents. Neither the term “preventable” nor “non-preventable” shall have any bearing on the negligence determination of an accident. The determination of whether an accident involves negligence is a matter for a court of law with appropriate jurisdiction to determine.

10.2.4 If an accident is classified as preventable, the employee’s manager or their designee will make a decision regarding appropriate corrective or disciplinary action. Guidelines for making these decisions are outlined in the Hourly Employment Manual and other written guidelines.

10.2.5 In personnel injury accidents/incidents, the primary investigation of the occurrence is accomplished by the employee’s supervisor with assistance from Safety as required. The supervisor will make a determination regarding the involved employee’s compliance with Safety rules, procedures and work instructions and take corrective/disciplinary action as appropriate after review of the investigation work product by Safety personnel.

10.2.6 The assigned investigator will provide a final report for occurrences when instructed to provide one by the SMS or a DSC member. Such reports will be produced in the event of complex, or very serious occurrences at the discretion of the SMS or DSC.

10.2.7 When produced, the final report will include a summary of the occurrence, list of collected data, an analysis, a probable cause and recommendations.

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10.3 Internal Notification Procedure

10.3.1 DART utilizes an internal notification procedure that uses two separate pager companies for redundancy. Post accident/incident notification is initiated by Bus Dispatch or Train Control utilizing four primary levels of notification within the network system. These levels are designated by the severity of the occurrence.

10.3.2 Supplemental notifications by phone may be initiated at the discretion of Dispatch or Train Control, if more detail needs to be included in the notification or if a critical responder does not acknowledge notification.

10.4 External Notification Procedure – DART Police are responsible for making initial notification to government entities as required by regulation or law for Light Rail Vehicle accidents/incidents. Follow-up reporting is the responsibility of the Safety Section. The Safety Section is also responsible for reporting bus related fatalities to TxDOT. 10.4.1 National Transportation Safety Board (NTSB) Reporting will

occur under the following circumstances: 10.4.1.1 Within two hours for any occurrence involving a

passenger/employee fatality, 2 or more injuries to employees or passengers requiring admission to a hospital, an evacuation on the mainline, or a fatality at a rail grade crossing.

10.4.1.2 The NTSB will be notified within four hours for any occurrence that totals or exceeds $25,000.

10.4.2 TxDOT will be notified within 2 hours if the following thresholds exist upon DART rail transit owned property:

10.4.2.1 A fatality (death at scene or where an individual is confirmed dead within 30 days.

10.4.2.2 Two or more injuries requiring immediate attention away from the scene.

10.4.2.3 Property damage in excess of $25,000. 10.4.2.4 Any evacuation due to life safety reasons. 10.4.2.5 Any collision at a grade crossing, regardless of injuries

or property damage. 10.4.2.6 Any main line derailment. 10.4.2.7 Any collision with an individual on a rail right-of-way. 10.4.2.8 Any collision between a rail transit vehicle and another

rail transit vehicle or a rail non-revenue vehicle. 10.4.3 Methodology for Notification – DART Police Dispatch will be

notified of the occurrence requiring notification of the NTSB and/or TxDOT. Notification will be made within the required timeframes. The NTSB notification will take place by telephone. TxDOT notification will be accomplished by use of the “TxDOT Notification of a Reportable Accident/Incident, or Hazardous Condition” form attached to an email.

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10.4.3.1 The Safety Section will complete and forward all required follow-up documentation within 30 days or as otherwise required by TxDOT.

10.5 Accident/Incident Reporting and Documentation 10.5.1 All accidents are reported to Safety Staff through DART’s

notification system. Safety staff are responsible for contacting Train Control, Dispatch and/or on-scene personnel to determine whether an on-scene investigation by safety personnel is warranted.

10.5.2 DART Safety staff will respond to all fatalities, LRV mainline derailments and complex accident/incidents.

10.5.2.1 A complex accident/incident is defined as an unintended event in which one or more of the following exist:

10.5.2.1.1 More than one agency and/or political jurisdiction is involved.

10.5.2.1.2 There are complex management and communications issues.

10.5.2.1.3 Management and highly qualified supervisory personnel are required on-scene.

10.5.2.1.4 Multiple victims with injuries, fatalities or illnesses are involved.

10.5.2.1.5 Widespread damage to property/environment is involved.

10.5.2.1.6 The occurrence spans multiple operation periods.

10.5.2.1.7 Extensive recovery efforts are required. 10.5.3 When an accident occurs on the system, accident/incident reports

are produced by the involved DART employee, the field supervisors and the DART Police.

10.5.4 The initial reports are forwarded to the Safety Section to support the accident/incident investigation.

10.5.5 The Safety Section reviews the available reports and plans a course of action to obtain further information to complete the investigation.

10.5.6 The depth of investigation is a product of the complexity and severity of the accident/incident. It is the responsibility of the Safety Section to determine the depth of investigation required in conjunction with the management of the involved disciplines.

10.5.7 When required to determine the preventability and cause of an accident, Safety is authorized to obtain any information related to the investigation and to request reports from various divisions and sections until adequate information is available to determine cause and preventability.

10.5.8 10.5.9 Accidents require the preparation, by the Safety Section, of a

final report, which isdeveloped and mandated by TxDOT. After

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the preparation of a formal final report, the report is reviewed by the RSC and is revised as needed regarding fact. When the accident report has been approved by consensus of the RSC, and includes corrective action plans, it is forwarded to the Maintenance and Transportation Department heads for concurrence and signature.

10.5.10 The approved final report is forwarded to TxDOT for review and comment. All accident/incident investigation reports are maintained in the Safety Section.

10.6 Corrective Action Plan Resulting from Accident Investigation – Investigation findings and recommendations are reviewed by all appropriate safety committees. After acceptance of the report by executive management, responses to recommendations are provided by the pertinent department(s) to the Safety Section. The responses are configured into action plans that must include a description of the action to be taken, the person(s) responsible for implementing the action and an expected time of completion. Upon TxDOT request, the action plan will be displayed on a Corrective Action Plan matrix. The Safety Section monitors the progress of the action plan from receipt to completion and closure. This activity is documented in safety committee meeting minutes and supplemental reports.

10.7 Coordination with TxDOT – DART will develop corrective action plans and submit them to TxDOT, using the “TxDOT Notification of a Reportable Accident, Incident, or Hazardous Condition ” form, within 30 calendar days after the need for the corrective action plan has been identified for the following: 10.7.1 Results from investigations in which identified causal factors are

determined by DART or TxDOT as requiring corrective actions. 10.7.2 Findings from safety reviews performed by TxDOT 10.7.3 Hazards and deficiencies identified from internal safety audits

performed by DART or TxDOT or from the hazard management process.

10.8 Each corrective action plan shall identify: 10.8.1 The hazard or deficiency. 10.8.2 Planned activities or actions to resolve the hazard or deficiency. 10.8.3 DART department(s) responsible for implementing corrective

actions. 10.8.4 Scheduled completion dates for implementation.

10.9 In the event that the NTSB conducts an investigation, DART and TxDOT shall review the findings and recommendations to determine if a corrective action plan should be developed by DART. If a corrective action plan is required by either the NTSB or TxDOT, DART shall develop it following the process specified in TxDOT’s Program Standard.

10.10 TxDOT will notify DART of its approval or rejection of a corrective action plan no later than 30 calendar days of receipt. In the event of a rejection,

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DART will submit a revised action plan no later than 15 calendar days following the rejection notification.

10.11 In the event of a dispute concerning TxDOT’s decision related to a corrective action plan, no later than 30 days after receipt of the written decision, DART shall submit an application for administrative review to:

Texas Department of Transportation Director, Public Transportation Division 125 E 11th Street Austin, Texas 78701-2483

10.11.1 The division director shall decide whether to grant, grant in part, or deny the application. If DART does not provide information sufficient to evaluate the application, the application shall be denied. The applicant is not entitled to a contested case hearing and there is no right to appeal the decision of the division director.

11.0 Emergency Response Planning/Coordination/Training

11.1 Responsibilities for Emergency Preparedness – The DART Emergency Preparedness program uses an all-hazards approach. This concept acknowledges that most responsibilities and functions performed during an emergency are not hazard-unique. The emergency service provided is essentially the same regardless of whether the emergency is caused by a natural, technological, or man-made hazard. By following this concept, duplication and confusion can be kept to a minimum and the ability to conduct coordinated, comprehensive operations is enhanced. The responsibilities of Emergency Preparedness section also include coordination of emergency requirements with member cities and establishment of an Emergency Operations Center.

11.2 Coordinated Schedule – DART Emergency Preparedness section maintains a calendar of regularly scheduled meetings. Action items from these meetings are submitted up the Emergency Preparedness section’s chain-of-command to the appropriate level. Interaction with local and regional emergency managers and responders has enabled DART Emergency Preparedness personnel to be nominated and approved as the regional representative of transit emergency preparedness concerns for the Regional Emergency Preparedness Advisory Committee. 11.2.1 The Emergency Preparedness section participates in emergency

response groups in the region and member cities. Monthly standing meetings include Local Emergency Planning Committees, Downtown Emergency Response Team, Auto Theft Committee of North Texas Crime Commission, Metroplex Emergency Managers, and Regional Emergency Managers. These meetings are held to keep emergency managers and responders apprised of current issues and to address Federal and State requirements such as State mandates for coordination between the local region and coastal cities for evacuation and shelter planning. These groups also

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develop local and regional exercises in which DART participates as a support agency.

11.2.2 The Emergency Preparedness Manager also coordinates directly with the Emergency Management Coordinators in our member cities and counties. Through these interfaces the Emergency Preparedness team has been able to educate and inform jurisdictions, agencies and businesses on the priorities of mass transit and on the preferred procedures for requesting DART support during an emergency.

11.3 Emergency Exercises – DART Emergency Preparedness section coordinates within the agency and with local responders for effective joint training exercises and drills involving DART bus and light rail operations, DART Police and external agencies including local police, fire, and other emergency responders. Additionally, the Trinity Railway Express is required by the FRA to have a full-scale exercise every two years. Types of exercises are: tabletop, functional, and full-scale. Specific exercise objectives will be created before an exercise scenario is developed. 11.3.1 General exercise objectives include:

11.3.1.1 Practicing group problem solving. 11.3.1.2 Familiarizing DART senior officials with

emergency plans, procedures and policies. 11.3.1.3 Evaluate effectiveness of standard operating

procedures.

11.3.1.4 Familiarizing local jurisdictions with DART’s emergency plans, procedures and policies.

11.3.1.5 Familiarizing local jurisdictions with DART’s capabilities and limitations.

11.3.1.6 Conducting and analyzing a specific scenario. 11.3.1.7 Examining personnel contingencies. 11.3.1.8 Testing group message interpretation. 11.3.1.9 Participating in information sharing. 11.3.1.10 Assessing interagency coordination.

11.3.2 The Federal and State governments have emphasized regional cooperation and exercising. The State of Texas conducts statewide and regional exercises for hurricane response, evacuation and sheltering, pandemic flu and weapons of mass destruction. DART participates as a regional partner in these exercises. The hurricanes in 2005 demonstrated the importance of transportation and the need to ensure local emergency plans have adequate transportation resources identified.

11.3.3 After action reviews are conducted to ensure lessons learned are adequately and accurately captured and evaluated for incorporation into the DART emergency preparedness program and departmental procedures as appropriate.

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11.4 Emergency Procedures – Careful, thorough advanced planning is required in order to respond to an emergency in a timely manner. All employees must know their roles and responsibilities during an emergency. Each department is responsible for developing and maintaining their emergency procedures and ensuring their employees are adequately trained. DART’s written emergency procedures and agreements with other organizations specify jurisdictional boundaries, chain of command, coordinated communications and training, and provide management with the tools necessary for effective response. Departmental procedures are to be reviewed by DART Emergency Preparedness Manager to ensure consistency and coordination within the agency.

11.5 Familiarization/Emergency Response Training – DART routinely conducts familiarization training for local responders concerning the system in general and equipment during emergency operations. Training is conducted as requested and is coordinated with the necessary departments such as: Safety, Light Rail Control Center, Bus Operations and TRE Chief Operating Officer. Familiarization training has been provided to local tactical teams, International Association of Bomb Technicians and Investigators and canine explosive detection teams from the Transportation Security Administration and the Federal Protective Service. Dallas Fire Rescue requires all shifts with primary responsibility for a response to the underground portion of the light rail system receive familiarization training or participate in a response drill annually. Records for familiarization training are maintained by the receiving organization. After action reports for drills are written and maintained by the Emergency Preparedness section.

11.6 On-board security brochures in English and Spanish are provided in revenue vehicles and on-line which educate passengers on what to consider suspicious and how to report the incident. Passenger information programs incorporate information provided by the FTA.

11.7 Management and employees are notified of any special emergency conditions such as weather warnings or health alerts. All DART employees are also provided the NTI Emergency Preparedness Guide for transit Employees.

12.0 Internal Safety Audit Process

12.1 Overview – An internal safety audit program is established and performed by or on behalf of the Safety Section to measure the effectiveness of the SSPP in achieving the objectives of the plan and compliance with its requirements.

12.2 Scope of Activities – Program activities include the following: • Ensure supervisory safety surveillance during system maintenance,

operation and modification. • Determine compliance with management safety policies as contained

in the SSPP. Determine compliance with operating rules, regulations, standards, codes and procedures.

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• Recommend corrective action plans to eliminate or minimize the effects of any deviations from compliance.

12.3 Audit Process 12.3.1 Integrity of Audit Process – The Safety Section’s audit program is

designed to provide a monitoring function that is independent of the affected department. All operating departments are expected to conduct audits to measure their own performance, but all audits originating with the Safety Section are independently developed and conducted within the guidelines recommended by the FTA and/or TxDOT.

12.3.1.1 The Assistant Vice President Risk Management will be responsible for ensuring the conduct of safety audits. All organizational units are required to cooperate with the audits.

12.3.2 Internal Safety Review – This review is conducted by a DART consultant to comply with the provisions of 49CFR part 659, State Oversight of Rail Fixed Guideway Systems. Each year, the consultant reviews a minimum of seven of the SSPP’s required 21 elements so that each element is reviewed within a three year period.

12.3.2.1 These reviews utilize a format required by TxDOT. 12.3.2.2 After the review, findings are forwarded to the affected

department(s). The departments are responsible for identifying and implementing action plans to address review findings and recommendations. Each action plan must include a summary of the action to be taken, the name of the person(s) responsible for overseeing the completion of the action plan and the timeframe anticipated for completion. The action plan is then monitored by Safety to completion with progress recorded on the Due Diligence List.

12.3.2.3 The review, along with responses and action plans for each finding are assessed by the DART Safety Committee and then forwarded to TxDOT as a part of the required annual safety report along with a formal letter of certification signed by DART’s President/Executive Director indicating that DART is in compliance with the SSPP.

12.3.2.4 If the Assistant Vice President, Risk Management determines from the findings of the annual Internal Safety Review that DART is not in compliance with the SSPP, the President/Executive Director must identify the activities that will be taken to achieve compliance.

12.3.3 Cycle/Schedule – The cycle and schedule of DART’s audit program are related in detail in Chapter 5.3.1.2. The Executive Vice President, Chief of Operations shall ensure the full support

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and participation of each department. The Safety Section will announce audits in advance. The audit may include components that are unannounced if approved by the EVP Administration.

12.3.4 Checklists and Procedures – All internal audits originating in the Safety Section are designed and performed using the DART approved checklist A list of items to be audited will be developed in advance, using approved checklists that address both quantitative and qualitative aspects of performance. The checklists will be shared with department management prior to the beginning of the audit and will be submitted to TxDOT not less than 30 days prior to the conduct of the safety audit. Organizational units will be provided time to produce documentation related to checklist items.

12.3.5 Audit Reporting – After a Safety Section-originated formal audit is completed, an audit report is prepared. DART utilizes the checklist approved by DART to compile the audit report. The sections of the report intended for comments and recommendations are prepared by the auditor for each element audited. For Safe Work Practices and Annual Rail Audits, the draft report is circulated among DSC members for review and comment. Discussion of any disputed checklist findings may be discussed between the Safety Section and the affected department. If agreement cannot be reached, the DSC may be used to reach consensus on a response and action plan. However, the pertinent department head has final decision-making authority with respect to recommendations. Should the Assistant Vice President Risk Management consider the final decision of the department head to be in conflict with the precepts of the SSPP, he may appeal the decision to the Executive Vice President, Chief of Operations for review. The EVP, Operations will then have final decision-making authority.

12.3.6 Internal Safety Review – After the review of the audit checklists, including the final findings, comments and recommendations, the affected departments and other organizational units are responsible for identifying and implementing action plans directly addressing approved audit recommendations. The responses and action plans are added to the Due Diligence List and are again reviewed by the DSC. Each action plan must include a summary of the action to be taken, the name of the person(s) responsible for overseeing the completion of the action plan and the timeframe anticipated for the completion. The action plan is then monitored to completion and the progress is documented on the Due Diligence List by the Safety Section.

12.3.6.1 The Internal Safety Review will be submitted to DART’s President/Executive Director for review upon approval

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of the audit, recommendations and action plan completion and approval.

12.3.6.2 The Assistant Vice President, Risk Management will maintain audit documentation, including reports to the EVP and to individual departments.

12.3.7 Coordination with TxDOT – The annual rail audit will be forwarded to TxDOT upon final approval no later than February 1 of each year. A copy of the Due Diligence List will also be forwarded at this time.

12.3.8 All DART internal audits are available to TxDOT upon request along with whatever supporting documentation is requested. DART will further supply periodic updates regarding the status of recommendation action plans upon TxDOT request.

12.3.9 Audit Completeness – The annual rail audit will be designed and conducted so as to address the 21 elements of the SSPP within a span of 3 years. Other DART internal audits will be designed and conducted in accordance with schedules established by the DSC and the Safety Section.

12.3.10 The 21 elements of the SSPP are as follows: 12.3.10.1 Executive approval 12.3.10.2 Purpose, Goals and Objectives 12.3.10.3 Management Structure 12.3.10.4 Plan Review and Modification 12.3.10.5 SSPP Implementation – Tasks and Activities 12.3.10.6 Hazard Management Process 12.3.10.7 Safety Certification 12.3.10.8 Managing Safety in System Modifications 12.3.10.9 Safety Data Acquisition 12.3.10.10 Accident/Incident Notification, Investigation and

Reporting 12.3.10.11 Emergency Response

Planning/Coordination/Training 12.3.10.12 Internal Safety Audit Process 12.3.10.13 Rules Compliance/Procedures Review 12.3.10.14 Facilities Equipment and Inspections 12.3.10.15 Vehicle Equipment and Inspections 12.3.10.16 Training Certification Review/Audit 12.3.10.17 Configuration Management 12.3.10.18 Compliance with Local, State, and Federal

Requirements 12.3.10.19 Hazardous and Regulated Materials 12.3.10.20 Drug and Alcohol Abuse 12.3.10.21 Procurement

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13.0 Rules Compliance/ Procedures Review 13.1 Overview – DART has developed and maintains SOPs, work instructions

and rulebooks for the operation and maintenance of LRVs, buses and ways and structures. Operating rules and procedures are created to assure safe, efficient and timely transit operations. Adherence to these operating rules, procedures and work instructions is necessary to achieve these objectives. Therefore, rules compliance programs have been developed by the Transportation and Maintenance departments.

13.2 Review of Rules and Procedures – Existing rules and procedures are reviewed by the Transportation and Maintenance Departments as needed to evaluate the continued effectiveness of the procedures prescribed. Additionally, the Safety Section reviews and audits procedural documentation as part of the audit process. 13.2.1 Changes in operations rules can occur because of technology

changes, incident experience, system expansion, new equipment, hazard identification or other reasons.

13.2.2 The Rail Operations rules are reviewed on an annual basis by DART’s Rules committee. The committee is made up of Transportation, Maintenance and Safety personnel.

13.2.3 Interim rules changes, when necessary, are documented using bulletins for permanent changes and notices for temporary changes. The bulletins and notices are distributed to operations personnel and to the rules committee members who have the responsibility of writing the changes into their existing rulebook. Annually all permanent changes are incorporated into the rulebook.

13.2.4 Standard Operating Procedures (SOP) and Work Instructions (WI) are reviewed on an as-needed basis. Changes are incorporated into revisions that are recorded in Document Control. The new SOP/WIs are then made available to all personnel. Significant changes are relayed through safety meetings and other educational events as needed.

13.3 Process for Ensuring Rules Compliance 13.3.1 In Transportation, rules compliance is assured through the process

of efficiency testing. Efficiency testing is a means of ensuring compliance with Operating rules, Bulletins, SOPs and to promote safety awareness.

13.3.1.1 Transportation conducts a minimum of 3 efficiency tests per month.

13.3.1.2 The tests are scenarios created with the cooperation of Central Rail Operations management, supervisors and train controllers utilizing the Efficiency Testing SOP (104.06).

13.3.1.3 The tests are performed at random times and involve scenarios to test operations personnel’s response to the scenario as it relates to specific rules.

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13.3.1.4 The tests may be conducted by field supervisors and/or train controllers or Safety personnel.

13.3.2 Maintenance also utilizes a rules compliance SOP. Maintenance has implemented an efficiency testing program whereby maintenance supervisors periodically perform a set number of efficiency tests by observing their staff perform assigned tasks and documenting their compliance with DART SOPs, rules and manufacturer guidelines. These tests are conducted and recorded according to existing SOPs and record management systems.

13.3.3 Compliance Techniques – Operations and Maintenance Personnel 13.3.3.1 Personnel authorized to perform efficiency testing are

indicated in the SOP. All testing must be approved by Transportation and Maintenance management prior to performance.

13.4 Compliance Techniques – Supervisory Personnel 13.4.1 All efficiency testing will be documented regarding the persons

tested and the personnel performing the tests. This documentation will be reviewed by the appropriate management to ensure that the testing is accomplished in accordance with the governing SOP.

13.5 Documentation– Documentation of each test will be produced by the personnel performing the testing in accordance with the requirements of the governing SOP. The testing documentation will be reviewed by appropriate management as well as by the Safety Section. The documentation will be maintained in the offices of the department that did the testing.

14.0 Facilities, Equipment and Inspections

14.1 Facilities and Equipment Subject to Inspection – A summary of the types of facilities and equipment subject to inspection are listed in Appendix IV of this document.

14.2 Regular Inspection and Testing – A summary of the facility inspection schedules may be found in Appendix IV of this document. Inspections are accomplished on a time based system and repairs are accomplished on a condition based system.

14.3 Checklists– Checklists for specific inspections are located in the Spear computer system and are accessed and utilized electronically.

14.4 Coordination with Hazard Management Process – Hazards that are found during inspection are subject to the Hazard Management process where replacement or repair does not adequately mitigate the hazard. The hazard management process is described in Chapter 6 of this document.

15.0 Maintenance Audit Inspection Program

15.1 Vehicles Subject to Maintenance Program –A summary of systems may be found in Appendix V of this document.

15.2 Resolution of Audit/Inspection Findings – Inspection findings are monitored by DART Maintenance management and supervision. When a

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resolution other than simple replacement or repair is required, Safety, in conjunction with Maintenance Technical Services Division, opens a Hazard ID and handles through the Hazard Management Process.

15.3 Checklists – Checklists for the PMI program are located on the Spear computer software.

15.4 The Spear Computer Program is a system for tracking and managing inventory, preventive maintenance, running repair and other activities pertinent to Maintenance.

16.0 Training Certification Review/Audit

16.1 Safety Training – Safety training is, to the extent practical, integrated into all training, Agency-wide. Safety components of any policy, procedure or guidelines are incorporated into the training curriculum as a matter of course. The training records are maintained in the department conducting the training. Where necessary, however, safety specific training is conducted either by Safety Section personnel or by trained instructors within the department conducting the training. Additionally, safety training is conducted for outside agencies, such as city fire and police departments and for contractors performing work for the Agency. Safety specific training includes the following: 16.1.1 Rail Safety Awareness Training – This training is required

for all employees and contractors associated with the light rail division. Rail Safety maintains a permanent record of all such training. All DART employees and contractors that potentially will work on or near the rail right-of-way or yard are required to successfully complete the 2 hour safety awareness training conducted by the DART Rail Safety subsection. The attendance of this class is mandated before working on or near the DART rail line. It is a one time requirement.

16.1.2 Fire Department Training – Advanced rail safety training is provided when requested by member city fire department personnel. Permanent training records are maintained by the Rail Safety subsection.

16.1.3 DART Police Training – Advanced right of way training is provided to all DART Police new-hires. DART Police and Safety maintain permanent records of the training.

16.1.4 Operation Lifesaver – This course is nationally recognized as a means of reducing the number of collisions between rubber tired vehicles and trespassers with rail vehicles. It is taught periodically to DART employees as well as to the general public by DART Safety personnel and other trained DART employees.

16.1.5 Quarterly Safety Training – Mandatory quarterly safety training meetings are conducted by Safety personnel on various safety related topics for both bus and rail to Transportation and Maintenance personnel. Training is scheduled for October,

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January, April and July each year. The Safety Section determines the topics covered and writes the curriculum, based on current events and recurrent training required by law or training spawned by changes in safety related laws, regulations, guidelines, DART policy, SOPs, and work instructions. Permanent records of the training are maintained in the Safety Section.

16.1.6 Collision Avoidance – A course taught by the Transportation Training Section to employees who have had a preventable accident or have otherwise been identified as being high risk operators. The Transportation Training Section maintains the permanent records of these classes.

16.1.7 Defensive Driving – This National Safety Council sponsored course is instructed by qualified personnel in both the Safety and Transportation Training Sections. Records are maintained in the Transportation Training Section. This course is also offered periodically to DART employees at large by the Transportation Training Section.

16.1.8 Environmental and Health Training – This training includes instruction required for compliance with EPA and OSHA (voluntary) guidelines and regulations. It includes training on topics such as the lead and asbestos programs, hazardous material communication, spill response and other environmental issues. The training is accomplished jointly by the Safety Section and DART’s Environmental Compliance Section personnel. Records are maintained in the Safety Section.

16.2 Overview – DART safety training is performed over all operating disciplines. For the most part, safety training is integrated into the task specific training associated with each departmental discipline by the training units of the department. General safety training is performed by the Safety Section on stand-alone topics. Additionally, contractors to DART are required to receive safety orientation instruction pertinent to their involvement with the agency, especially as it relates to the light rail system right-of-way.

16.3 Employee Safety – Employee training is detailed in Chapter 5 of this document.

16.4 Contractor Safety – All contractor employees performing construction activities shall attend formalized construction safety training/orientation prior to entering jobsite. Bi-Lingual training programs integrate statutory requirements i.e., OSHA and FRA, Agency requirements and regional (industry) best practices and methodologies. Each employer maintains documentation and provides to Agency upon demand. Periodic on-site audits coupled with on-site visits verify training accomplishment, employee participation and course content. Detailed requirements for contractor personnel are addressed in DART’s formal Construction Safety and Security Program, which is incorporated into all construction contracts as Exhibit “M”.

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16.5 Record Keeping – Record keeping processes are described in Chapter 5 of this document.

16.6 Compliance with Training Requirements – Elements of the training process are periodically audited by the Safety Section and are a regular component of the annual rail audit. Training syllabuses and records are requested and reviewed to ensure that the elements of training are consistent with governmental and DART policies, procedures, regulations, standard operating procedures and work instructions as identified and detailed in Chapter 12 of this document.

16.7 Rail Operator Training – Rail Operators are required to be DART certified to operate the LRVs. Each operator must successfully complete an 8 week comprehensive in-house training program. Each operator must be attend and pass recertification via an in-house training class annually.

16.8 LRV Train Controllers – TCC controllers are required to complete and pass the aforementioned DART LRV operator certification program. Each controller must also complete and pass a 13 week controller class for the controller certification program. Each controller must recertify annually by way of a 3 day recertification class.

16.9 The Maintenance Training Department provides training to the maintenance sections of DART. All maintenance employees are required to successfully complete training according to established career plans. The career plans are tailored specifically to each discipline within the maintenance department in order to promote expertise and efficiency in equipment maintenance as well as safety for DART employees, our customers and the general public. Some examples of career plans are: LRV Mechanic, Communication Technician, Traction Power Maintainer and Signal Maintainer. All career plans require a specific number of core classes to be completed during the employee’s first six months of employment. These classes are required and an employee who does not complete the required training is subject to discharge. In addition, employees are required to attend other classes to improve skills and knowledge within their discipline in order to receive pay upgrades. Refresher courses are required for some classes at periodic intervals.

17.0 Configuration Management

17.1 Safety system changes must be submitted to Maintenance Technical Services Divisionfor evaluation. Maintenance Technical Services Division utilizes a change management process that includes evaluation, testing, recommendations and document control of the proposed safety system change. 17.1.1 With respect to Safety Committee recommendations for

modifications, the appropriate safety committee deliberates the merits of the modification until a consensus is reached. A proposal is then recorded in the minutes of the meeting.

17.1.2 The recommendation is submitted to Maintenance Technical Services Division by the Safety Section.

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17.1.3 Maintenance Technical Services Division evaluates the recommendation with respect to safety improvement. The proposal is assessed using Failure Modes and Engineering Assessment discipline. The modified or new equipment is then tested in the field or by other means as appropriate.

17.1.4 After testing, Maintenance Technical Services Division produces a report that includes the findings of the process as well as an opinion on the effectiveness of the proposed change in mitigating the hazard or enhancing the safety aspects of the pertinent portion of the system.

17.1.5 This report is reviewed and discussed in the appropriate safety committee. A decision is then made by consensus of the committee on whether or not to proceed with the modification.

17.1.6 If the decision to proceed is made, the proposal, along with documentation of the assessment findings are forwarded to the affected department head(s) for approval.

17.1.1 Upon approval by the department head(s), a Standard Campaign Bulletin is produced specifying the change and how it is to be made. The modification is then completed.

17.2 Maintenance Document Control has responsibility for maintaining documentation on the configuration of all DART controlled assets. This requires administration of the configuration management procedures, drawings, specifications and other configuration documents.

17.3 Process for Safety System Changes – Maintenance Technical Services Division has responsibility for review and approval of any configuration changes to assure there is no detrimental impact on safe operation. Maintenance Technical Services Division also provides condition assessment of the equipment for accidents that have been referred by the Safety Office due to potential mechanical defects. Maintenance Technical Services Division also performs publication review to assure compliance with equipment and facility safety requirements.

17.4 Authority for Change– Configuration change is managed through Maintenance Document Control staff that ensures signoff of senior level departmental management for approval of configuration change and that such change is properly documented and distributed.

18.0 Compliance with Local, State and Federal Requirements

18.1 Working on or near Rail Transit Controlled Property - All DART personnel and contractors who work on or near the light rail right-of-way are required to adhere to the rail system rules. Each person is required to attend the Rail Safety Awareness Class.

18.2 Compliance with Required Safety Programs – DART personnel and contractors are expected to comply with OSHA standards and DART rail rules when working on or near the right-of-way. The Train Control Center must be contacted and permission given to work on the right-of-way. In

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this way, DART is kept aware of the location of workers and may deploy other personnel to observe activities for compliance.

18.3 The following are the major local, state, and federal agency interfaces which affect safety for DART: 18.3.1 Local – Local interfaces are specified with all 13 member cities

18.3.1.1 Fire Department – performs fire protection and emergency medical services role. Primary agency responding to emergency situations. Reviews plans for new facilities.

18.3.1.2 Police Department – provides support to DART Police in security of the DART system. Enforces traffic laws applying to DART operations.

18.3.1.3 Code Compliance – Reviews plans and inspects new and existing facilities to assure compliance with City codes.

18.3.1.4 Office of Emergency Preparedness – coordinates City planning and response for major emergencies or catastrophes.

18.3.1 State 18.3.2.1 Texas Department of Transportation (TxDOT) –

responsible for planning, design, construction, operation and maintenance of state highways in Texas. Also responsible for state safety and security oversight of local fixed guideway transit systems, including DART.

18.3.2.2 Texas Department of Transportation – responsible for state regulations affecting railroads in Texas.

18.3.2.3 Texas Commission on Environmental Quality (TCEQ) – responsible for developing and enforcing environmental regulations regarding air, water, and noise pollution and hazardous materials regulation.

18.3.2.4 Texas Department of State Health Services (TDSHS) – responsible for developing and enforcing public health, medical care, mental health, and substance abuse regulations.

18.3.1 Federal 18.3.3.1 Department of Transportation (DOT) – issues

regulations affecting transit operations including those related to Americans with Disabilities Act (ADA) and drug/alcohol testing of employees.

18.3.3.2 Federal Transit Administration (FTA) – an agency of DOT which is responsible for federal funding (capital and operating) of transit authorities and oversight of those expenditures. Compiles safety data on all transit agencies.

18.3.3.3 Federal Railroad Administration (FRA) – responsible for developing and enforcing federal regulations governing safety of the intrastate railroad network. Commuter rail

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does fall within FRA jurisdiction. DART LRT operated in shared railroad corridors may be regulated by FRA dependent on the specifics of the corridor and operating plan.

18.3.3.4 Occupational Safety and Health Administration (OSHA) – responsible for developing and enforcing federal regulations related to workplace safety including maintenance shops, offices, and field activities which serve as guidelines to DART operation.

18.3.3.5 Environmental Protection Agency (EPA) – responsible for developing and enforcing federal regulations related to air, water, and noise pollution and hazardous materials regulations.

18.3.3.6 National Transportation Safety Board (NTSB) – an independent federal agency responsible for investigating transportation accidents and making recommendations to prevent similar accidents from occurring.

19.0 Hazardous and Regulated Materials – The Environmental Compliance Section

of Rail Program Development is responsible for addressing environmental issues including those related to hazardous and regulated materials. These may include analysis of hazardous and regulated materials, coordination of hazardous and regulated material removal, and the interface with contractors for environmental issues and securing environmental permits, as required by local, state, and federal law. Responsibilities of the Environmental Compliance Section include: 19.1 Coordinating and monitoring of agency-wide environmental compliance

programs, to include program implementation. 19.2 Provision of analysis and technical interpretations of environmental

compliance legislation, regulations, rules and policies. 19.3 In conjunction with General Counsel, representing DART’s interests on

environmental issues before government agencies. 19.4 Performing workplace inspections to identify environmental hazards and

making recommendations to address any situations that do not meet standards.

19.5 On request provide assistance with labeling, storage, handling and disposal of substances based on local, state and federal regulations.

19.6 Investigating reportable spills and other incidents involving the misuse of hazardous and/or non-hazardous substances at DART facilities.

19.7 Maintaining and ensuring employee access of Material Safety Data Sheets (MSDS).

19.8 Collecting and maintaining data for reports required for the use of hazardous materials at DART facilities.

19.9 Performing environmental site assessments. 19.10 In conjunction with the Safety and Maintenance Sections, providing

employee training on environmental areas.

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19.11 Providing technical support to other DART departments. 19.12 Closely coordinating with other ongoing environmental and hazardous

materials programs as described in the Safety Section. 19.13 Documenting and controlling environmental records.

20.0 Drug and Alcohol Abuse

20.1 Bus and train operators, field supervisors, bus dispatchers, station office supervisors, train controllers, police officers and maintenance personnel who operate revenue vehicles on the road or on the rail line must pass a pre-employment drug test and are subject to random and post-accident drug and alcohol testing as defined in the DART Substance Abuse Policy. DART’s program complies with all federal drug and alcohol testing laws and regulations for transportation workers in safety sensitive positions. The Risk Management Division administers this program. The program is in compliance with 49 CFR Parts 40 and 655. The Substance Abuse program also complies with the Drug Free Workplace Act. 20.1.1 Through the Employee Assistance Program (EAP), DART

employees are provided the opportunity to deal with personal issues including drug and alcohol-related problems. The EAP is available to all agency employees and their families. Any employee who voluntarily requests assistance in dealing with a personal drug/alcohol problem may do so through the EAP in complete confidence and without jeopardizing his/her employment with DART. Other treatment programs are available through the health and welfare providers selected by DART. The immediate discontinuation of any involvement with alcohol or drugs is an essential requisite for participation in any treatment program. Although employees are encouraged to receive help for drug and alcohol problems, participation in the EAP will not excuse an employee’s failure to comply with the requirements of DART’s Drug and Alcohol prevention programs.

21.0 Procurement – The Procurement Department participates in the safety process by ensuring that contracted services and procured goods align with DART’s safety guidelines and requirements. Procurement interfaces with the Environmental Section, the Safety Section, the Technical Services Division, Maintenance, Project Management and others to verify those guidelines when necessary. Duties include:

21.1 Enforcing procurement restrictions and procedures relating to hazardous materials and equipment.

21.2 Adhering to safety procedures relating to hazardous substance acquisition, handling, labeling, storage, disposal and record keeping.

21.3 Ensuring contractors meet requirements and procedures related to the safety of DART employees, property and the public.

21.4 An example of how the Procurement Department interacts with other divisions follows: Technical Services has the responsibility for providing

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specifications for the purchase of new revenue busses. They work closely with Procurement on issues such as warranties, retainage and contractual support. This joint effort involves developing contractual provisions to ensure: 21.4.1 Delivery and acceptance of all contract deliverables, including

training, manuals and other all other documentation. 21.4.2 Correction of any deficiencies (including fleet defects) found

during vehicle acceptance and post-delivery throughout the vehicle warranty period.

21.4.3 Verification and compliance with all applicable certifications as required by law or regulations – including regulatory compliance of National Highway and Traffic Safety Administration (NHTSA) processes.

21.4.4 Completion of all post delivery audits required under the contract. 21.4.5 A fleet defect is defined as the failure of identical items covered

by the warranty period on twenty percent of the buses in revenue service under this contract. These percentages apply to each fleet type in revenue service.

21.4.6 Occasionally DART may encounter a situation where a hidden or dormant defect in the delivered asset (in-service, but beyond the warranty period) was not discovered by observation or inspection. These are called “Latent Defects”. In these instances, Technical Services prepares a written summation of the defect equipment or system and its safety impact to operations. Procurement then makes notification to the contractor or manufacturer of their obligations to correct the deficiency under the terms of the contract.

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Appendix Page 59 of 100

59

APPENDICES

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Appendix I Page 60 of 100

60

DART FLEET ROLLING STOCK

DART Light Rail Fleet

Year Manufacturer Total Number

1996 Kinkisharyo 40 1999 Kinkisharyo 34 2000 Kinkisharyo 21 2005 Kinkisharyo 20

Fleet Total 115

DART Bus Fleet

Year Manufacturer Total Number

1998 Nova 243 1999 Nova 142 2000 Nova 110 2001 Champion 44 2001 Champion 32 2002 Nova 89 2003 NABI 80

Fleet Total 744

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Appendix II Page 61 of 100

61

DART PASSENGER FACILITY LISTING

NAME FACILITY TYPE FACILITY ADDRESS CITY ZIP CODE

8th / Corinth LRT at Grade Rail Platforms 1740 East 8TH Dallas 75203

Addison Transit Center 4925 Arapaho Addison 75001

Akard LRT at Grade Rail Platforms 1405 Pacific Dallas 75202

Akard Crew Quarters 303 North Akard Dallas 75202 Arapaho Center / Richardson

LRT at Grade Rail Platforms

1051 North Greenville Richardson 75081

Arapaho Center / Richardson Transit Center 200 North Woodall Richardson 75081

Bernal / Singleton

Passenger Transfer Location 5151 Singleton Dallas 75212

Bush Turnpike LRT at Grade Rail Platforms

1300 President George Bush Hwy Plano 75074

CBD East Transfer Center 2110 Live Oak Dallas 75201 CBD West Transfer Center 202 North Lamar Dallas 75202

Cedars LRT at Grade Rail Platforms 1112 Bellview Dallas 75215

Cityplace LRT Sub Surface Platform 2701 North Central Expressway Dallas 75204

Cockrell Hill Passenger Transfer Location 4430 West Jefferson

Cockrell Hill 75211

Convention Center

LRT at Grade Rail Platforms 727 South Lamar Dallas 75202

Convention Center Crew Quarters 727 South Lamar Dallas 75202 Downtown Garland / Garland Central

LRT at Grade Rail Platforms 430 West Walnut Garland 75040

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62

DART PASSENGER FACILITY LISTING (continued)

NAME FACILITY TYPE FACILITY ADDRESS CITY ZIP

CODE Downtown Garland / Garland Central Transit Center 530 North Fifth Garland 75040 Downtown Garland / Garland Central Crew Quarters 430 West Walnut Garland 75040 Downtown Plano

LRT at Grade Rail Platforms 1001 16TH Plano 75074

Farmers Branch Park and Ride 2677 Carrick

Farmers Branch 75234

Forest Lane LRT Aerial Platforms 8210 Forest Lane Dallas 75243

Forest / Jupiter LRT at Grade Rail Platforms 3232 Forest Lane Garland 75042

Galatyn Park LRT at Grade Rail Platforms

2500 North Central Expwy Ste 870 Richardson 75082

Glenn Heights Park and Ride 1200 East Bear Creek

Glenn Heights 75115

Hampton LRT at Grade Rail Platforms 2007 South Hampton Dallas 75224

Illinois LRT at Grade Rail Platforms 2111 South Corinth Dallas 75216

JB Jackson Transit Center 1425 JB Jackson Blvd Dallas 75215

Kiest LRT at Grade Rail Platforms 1518 East Kiest Dallas 75203

Lake June Transit Center 6400 Lake June Dallas 75217 Lake Ray Hubbard Transit Center 6151 Duck Creek Garland 75043

LBJ / Central LRT at Grade Rail Platforms 8902 LBJ Freeway Dallas 75243

LBJ / Central Crew Quarters 8902 LBJ Freeway Dallas 75243

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Appendix II (continued) Page 63 of 100

63

DART PASSENGER FACILITY LISTING (continued)

NAME FACILITY TYPE FACILITY ADDRESS CITY ZIP

CODE

LBJ / Skillman LRT at Grade Rail Platforms 9939 Adeleta Dallas 75243

LBJ / Skillman Crew Quarters 9939 Adeleta Dallas 75243

Ledbetter LRT at Grade Rail Platforms 2006 East Ledbetter Dallas 75216

Ledbetter Crew Quarters 5551 South Lancaster Dallas 75216

Lovers Lane LRT at Grade Rail Platforms 5603 Milton Dallas 75206

Medical / Market Center Commuter Rail Station 1419 Motor Dallas 75207

Mockingbird LRT at Grade Rail Platforms

5465 East Mockingbird Dallas 75206

Morrell LRT at Grade Rail Platforms 1363 MORRELL Dallas 75203

North Carrollton Transit Center 2533 Dickerson Carrollton 75006 North Irving Transit Center 5601 O'Connor Irving 75062

Park Lane LRT Aerial Platforms 8169 Park Lane Dallas 75231 Park Lane Crew Quarters 8169 Park Lane Dallas 75231 Parker Road / East Plano

LRT at Grade Rail Platforms 805 East Park Blvd. Plano 75075

Parker Road / East Plano Transit Center 905 East Park Blvd. Plano 75075 Parker Road / East Plano Crew Quarters 805 East Park Blvd. Plano 75075

Pearl LRT at Grade Rail Platforms 2300 Bryan Dallas 75202

Red Bird Transit Center 4831 South Hampton Dallas 75232 Richland College Park and Ride 12800 Abrams Road Richardson 75243 Rowlett Park and Ride 4100 Industrial Rowlett 75088 Sante Fe Crew Quarters 1100 Parker Street Dallas 75215

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DART PASSENGER FACILITY LISTING (continued)

NAME FACILITY TYPE FACILITY ADDRESS CITY ZIP

CODE South Garland Transit Center 4051 Leon Garland 75041

South Irving Commuter Rail Station 201 Rock Island Irving 75060 South Irving Transit Center 201 Rock Island Irving 75060

Spring Valley LRT Aerial Platforms 100 West Spring Valley Richardson 75080

St. Paul LRT at Grade Rail Platforms 1802 Bryan Dallas 75201

Tyler/Vernon LRT at Grade Rail Platforms 1225 South Tyler Dallas 75208

Union Commuter Rail Station 453 South Houston Dallas 75201

Union LRT at Grade Rail Platforms 453 South Houston Dallas 75201

Union Crew Quarters 453 South Houston Dallas 75201 VA Medical Center

LRT at Grade Rail Platforms

4510 South Lancaster Dallas 75216

Victory LRT at Grade Rail Platforms 2500 Victory Avenue Dallas 75204

Walnut Hill LRT Aerial Platforms 8150 Walnut Hill Lane Dallas 75231

West End LRT at Grade Rail Platforms 201 North Austin Dallas 75202

West Irving Commuter Rail Station 4200 Jackson Irving 75061 West Plano Transit Center 4040 West 15TH Plano 75093

Westmoreland LRT at Grade Rail Platforms

2646 South Westmoreland Dallas 75211

Westmoreland Crew Quarters 2646 South Westmoreland Dallas 75211

White Rock LRT at Grade Rail Platforms

7333 East Northwest Hwy. Dallas 75214

Zoo LRT at Grade Rail Platforms 614 South Ewing Dallas 75203

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DART OPERATING FACILITIES

NAME FACILITY ADDRESS CITY ZIP CODE

Northwest Bus Operations 2424 Webb Chapel Ext. Dallas, TX

East Dallas Bus Operations 4127 Elm Street Dallas, TX

South Oak Cliff Bus Operations 3422 E. Kiest Blvd. Dallas, TX 75233

Central Rail Operating Facility 3021 Oak Lane

Dallas, TX

Paratransit 8998 Senate Dallas, TX 75218

Trinity Railway Express: Commuter Rail Operations 4801 Rock Island

Irving, TX

Materials Management 2212 E. Pioneer Dr. Irving, TX 75061

Non-Revenue Vehicle Facility 1200 E. Jefferson Dallas, TX 75203

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Appendix III Page 66 of 100

66

DART SAFETY TASK RESPONSIBILITY MATRIX T A S K R E S P O N S I B I L I T Y

Syst. Safety

Section

Para Transit Dept.

Transp. Dept.

Maint. Dept.

Risk Mgmt.

Div.

Human Res. Dept.

Legal Dept.

Plan. Dept.

Rail Progra

m Development.

DART Police

Mrktg. Dept.

Safety Committee Member P P P P P P P P

Accident Investigation P P S Accident Classification P S Safety Ride Checks P S P Personal Emphasis Training P

Industrial System Safety P S Hazardous Material Training P S

Spill Response P S S Shop Accident Investigation P S S S

Bus Operator Training S P Bus Operator Audits P P Statistical Safety Database S P

Environmental Compliance P

Maintain MSDS P S Noise Quality Analysis P Monitor Chemical Exposure P

Bus Operator Rulebook S P Implement Rules and Procedures P P P

Safety Incentive Programs P P Bus Roadeo S P License Checks P P P P Medical Checks S S S S P S Direct Emergency Response S P S S

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T A S K R E S P O N S I B I L I T Y Syst.

Safety Section

Para Transit Dept.

Transp. Dept.

Maint. Dept.

Risk Mgmt.

Div.

Human Res. Dept.

Legal Dept.

Plan. Dept.

Rail Progra

m Development.

DART Police

Mrktg. Dept.

Preventive Maint. Program P

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T A S K R E S P O N S I B I L I T Y Syst.

Safety Section

Para Transit Dept.

Transp. Dept.

Maint. Dept.

Risk Mgmt.

Div.

Human Res. Dept.

Legal Dept.

Plan. Dept.

Rail Progra

m Development

DART Police

Mrktg. Dept.

Bus Maintenance Audits S P Bus Safety Manual S P Shop Safety Procedures P S Shop First Aid Supplies P Bus Maint. Advisory Comm. S P

LRT Operating Rules S P P LRT Emergency Proc. S P LRT Operator Training S P LRT Maintenance Training S P LRT Ridechecks S P LRT Safety Committee P P P LRT Safety Oversight P S LRT Safety Message P P Insurance Programs P Claims Management P Insurance Risk Assess P Risk Mgmt. Info System New Employee Screening S P S P Drug/Alcohol Program P S P State Oversight Liaison P S Tort and Legal Rep. P Review Regulatory Legis. P S Enviro. Compliance Strat. P Enviro. Expert Analysis P Enviro. Interagency Coord. P

Environmental Training P LRT System Safety P S P

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T A S K R E S P O N S I B I L I T Y Syst.

Safety Section

Para Transit Dept.

Transp. Dept.

Maint. Dept.

Risk Mgmt.

Div.

Human Res. Dept.

Legal Dept.

Plan. Dept.

Rail Progra

m Development

DART Police

Mrktg. Dept.

LRT Safety Certification S S P LRT Fire/Life Safety Committee P S

LRT Hazards Analysis P Construction Safety S P Contractor Drug Free Workplace S P

Route Planning S P S P Scheduling S P S P Security S S S S S S S S S P S

Customer Service S S S S S P

Safety Training-Contractors S S P

Safety Public Education P

Safety Audits P SSPP Update P Establish Safety Goals P S S S S S S S S S S Hazard ID Assessment P Hazard Resolution P HOV Lane Operational Safety Analysis P

HOV Lane Hazardous Situation Assessment P S

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Appendix IV Page 70 of 100

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DART FACILITY MAINTENANCE MATRIX

Maintenance Type Time Based

Transit Center Inspections P.M. inspection - once a month LRT at Grade Platform Inspections P.M. inspection - once a month LRT Aerial Platform Inspections P.M. inspection - once a month LRT Subsurface Platform Inspections P.M. inspection - once a month Commuter Rail Platform Inspections P.M. inspection - once a month Park and Ride Inspections P.M. inspection - once a month Passenger Transfer Location (PTL)

Inspections P.M. inspection - once a month

Transfer Center Inspections P.M. inspection - once a month Enhanced Shelter Inspections P.M. inspection - once a month Crew Quarter Inspections P.M. inspection - once a month Other Properties - e.g. Corridor

Improvements, Turn Arounds, Special Use Shelter - CBD, North Central Facility

P.M. inspection - once a month

Tunnel Equipment Inspections P.M. inspection - once a month Bus Shelter Inspections P.M. inspection - once a month Bench Inspections P.M. inspection - once a month Bus Stop Inspections P.M. inspection - once a month Heating Ventilation A/C (H.V.A.C.)

Inspections P.M. inspection - once a month

Condition Based

Building Repairs All structural and mechanical systems within and affixed to building except where noted

Platform Repairs Rail passenger boarding areas Facility Exterior Repairs Pavers, walk areas, parking lots, drives,

structures, etc. Electrical and Lighting Repairs Buildings, parking lots and tunnel Heating Ventilation A/C (H.V.A.C.) Repairs Building H.V.A.C. and tunnel ventilation Wayside Facility Repairs Tunnel, sub stations, signal houses and ROW Bus Shelter Maintenance Repairs, additions and deletions Bench Maintenance Repairs, additions and deletions Bus Stop Signage Maintenance Repairs, additions and deletions (including

route identification) Pylon Maintenance Repairs, additions and deletions Guide A Ride Maintenance Repairs, additions and deletions Trash Can Maintenance Repairs, additions and deletions

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71

Track & ROW Assets Management Plan FY 2009

Updated 2/2/2007

Maintenance Work Order Type Frequency TIME BASED

Track Inspection - Mainline Inspection - Walking twice weekly Track Inspection - Yard Inspection - Monthly Rail Lubrication Lubricate Rails - twice weekly Switch Lubrication Lubricate Track Switches - Weekly Track Ultrasonic Testing Test Rail for defects - Annual Geometry Car Test Rail for defects - Annual Rail Grinding Equipment used to profile the running rails - Annual

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Passenger Amenities Assets Management Plan FY 2009

Updated 1/31/07

Maintenance Work Order Type Frequency

Time Based

Transit Center Inspections P.M. inspection - eighteen per year1

LRT at Grade Platform Inspections P.M. inspection - eighteen per year

LRT Aerial Platform Inspections P.M. inspection - eighteen per year

LRT Subsurface Platform Inspections P.M. inspection - eighteen per year

Commuter Rail Platform Inspections P.M. inspection - eighteen per year

Park and Ride Inspections P.M. inspection - eighteen per year

Passenger Transfer Location (PTL) Inspections P.M. inspection - eighteen per year

Transfer Center Inspections P.M. inspection - eighteen per year

Enhanced Shelter Inspections P.M. inspection - once per quarter

Crew Quarter Inspections P.M. inspection - eighteen per year

Patron Plaza P.M. inspection - eighteen per year

Other Properties P.M. inspection - once per quarter

Tunnel Equipment Inspections P.M. inspection - eighteen per year

Bus Shelter Inspections P.M. inspection - once per quarter

Solar Powered Shelter Inspection P.M. inspection - once per month

Bench Inspections P.M. inspection - once per quarter

Bus Stop Inspections P.M. inspection - once per year

I-Stop Inspections P.M. inspection - once per quarter

Heating Ventilation A/C (H.V.A.C.) Inspections P.M. inspection - eighteen per year

1 The inspection rate of "eighteen per year" equates to twelve monthly, four quarterly

and two semi-annual preventive maintenance inspections.

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73

Traction Electrification System Assets Management Plan FY 2009

Updated 05/26/2009

Maintenance Work Order Type Frequency

SUBSTATIONS

TIME BASED AC Substations Circuit Breakers P.M. Inspection - Performed Monthly Load Interrupter Switches P.M. Inspection - Performed Monthly Transformers P.M. Inspection - Performed Monthly Relays P.M. Inspection - Performed Monthly DC Substations Power Control Room P.M. Inspection - Performed Quarterly

AC Vacuum Breakers P.M. Inspection - Performed Triennially

DC Cathode Breakers P.M. Inspection - Performed Triennially

Rectifier Transformers P.M. Inspection - Performed Triennially

Rectifiers P.M. Inspection - Performed Triennially

DC Breakers- Front Cub P.M. Inspection - Performed Triennially

DC Breakers - Rear P.M. Inspection - Performed Triennially

a. 13.2Kv/120/240 P.M. Inspection - Performed Triennially

b. 13.2Kv/480 P.M. Inspection - Performed Triennially

PT compartments-13.2Kv P.M. Inspection - Performed Triennially

Batteries P.M. Inspection - Performed Quarterly

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Fire Alarm Test/Repair P.M. Inspection - Performed Quarterly

ETS P.M. Inspection - Performed Triennially

Lighting P.M. Inspection - Performed Quarterly

Auxiliary Equipment P.M. Inspection - Performed Quarterly

S&I Shop-Stinger Reels P.M. Inspection - Performed Monthly

S&I Shop-Pringle Switchgear P.M. Inspection - Performed Monthly

SCADA –Complete Test P.M. Inspection - Performed Annually

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Traction Electrification System Assets Management Plan (continued)

FY 2009

Updated 2/1/2007

Maintenance Work Order Type Frequency

OVERHEAD CATENARY SYSTEM TIME BASED

EOS P.M. Inspection - Performed Annually a. Pole Mounted- MOS P.M. Inspection - Performed Semiannually b. Pad Mounted-MOS P.M. Inspection - Performed Semiannually DC Lightning Arrestors P.M. Inspection - Performed Annually Yard - Trolley Door Bridges P.M. Inspection - Performed Annually Section Insulators P.M. Inspection - Performed Annually Headspan Insulators P.M. Inspection - Performed Annually Headspan Assemblies P.M. Inspection - Performed Annually Poles P.M. Inspection - Performed Annually Counter Weight Assemblies P.M. Inspection - Performed Annually Fixed Tension P.M. Inspection - Performed Semiannually Constant Tension P.M. Inspection - Performed Semiannually Visual Inspection P.M. Inspection - Performed Monthly Manholes/power P.M. Inspection - Performed Annually

OVERHEAD LIGHTING TIME BASED

Station Canopy Lighting P.M. Inspection - Performed Monthly Tunnel Lighting P.M. Inspection - Performed Monthly

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Signal Systems Assets Management Plan

FY 2009

Updated 1/31/2007

Maintenance Work Order Type Frequency

TIME BASED

Vital Biased Relays Inspection - Performed every four years

Grade Crossing Inspections Inspection - Performed Annual

T-21 Maintenance Inspection - Performed Monthly

CIH Inspection - Performed Monthly

YM-2000 Maintenance Inspection - Performed Monthly

Grade Crossing Inspections Inspection - Performed Monthly

M-23A Maintenance Inspection - Performed Monthly

Generator, Bucket Truck. Inspection - Performed Monthly

Signal Power Distribution Centers Inspection - Performed Monthly

Train Coming Signs Inspection - Performed Monthly

T-21 Maintenance Inspection - Performed Quarterly

TWC Interrogators Inspection - Performed Quarterly

YM-2000 Maintenance Inspection - Performed Quarterly

M-23A Maintenance Inspection - Performed Quarterly

Cases Inspection - Performed Quarterly

Signals / Indicators Inspection - Performed Quarterly

CIH Testing - Performed every two years

AC Vane Relays Testing - Performed every two years

Track circuits Testing - Performed every two years

Interlocking Tests Testing - Performed every two years

Impedance Bonds Inspection - Performed every ten years

U/Cable Insul.Res.Testing-Performed every ten years

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77

Communication and Control Systems Asset Management Plan

FY 2009 Updated 2/5/2007

Maintenance Work Order Type Frequency TIME BASED INSPECTION Phones

Wayside Phone Monthly Inspection Inspection - Monthly Elevator Phone Monthly Inspection Inspection - Monthly Fire Phone Monthly Inspection Inspection - Monthly Wayside Phone 6 Month Inspection Inspection - 6 Month Elevator Phone 6 Month Inspection Inspection - 6 Month Fire Phone 6 Month Inspection Inspection - 6 Month

CIC Monthly Inspection -Station CIC Inspection - Monthly -TPSS CIC Inspection - Monthly -Vent CIC Inspection - Monthly -FMP CIC Inspection - Monthly

Communications House Monthly Inspection Inspection - Monthly Tunnel Charger CP2 to CP6 Quarterly Inspection Inspection - Quarterly Tunnel Charger CtyPlc to CP21 Quarterly Inspection Inspection - Quarterly CH Fire Alarm 6 Month Inspection Inspection - 6 Month 460MHZ UPLINK ALIGNMENT Inspection - 6 Month 460MHZ DOWNLINK ALIGNMENT Inspection - 6 Month 800MHZ UPLINK ALIGNMENT Inspection - 6 Month 800MHZ DOWNLINK ALIGNMENT Inspection - 6 Month 460MHZ OPERATIONAL CHECK Inspection - Monthly RADIAX CABLE INSPECTION Inspection - 6 Month Base Station Quarterly Inspection Inspection - Quarterly BARCO Unit Quarterly Inspection Inspection - Quarterly Rail Operations Console Quarterly Inspection Inspection - Quarterly Bus Operations Control Console Quarterly Inspection Inspection - Quarterly PA/VMB System Monthly Inspection Inspection - Monthly CityPlace Emergency Intercom System Monthly Inspection Inspection - Monthly CityPlace CCTV System Monthly Inspection Inspection - Monthly Tunnel 800MHZ Station Alignment Inspection - 6 Month CTU Quarterly Inspection Inspection - Quarterly Bank Site Controller Quarterly Inspection Inspection - Quarterly Annual Comm House FAP Certification Inspection - Annual Portal 460 MHz Air Iface Align Inspection - 6 Month

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Communication and Control Systems Asset Management Plan (continued) FY 2009

Updated 2/5/2007

Maintenance Work Order Type Frequency TIME BASED INSPECTION BARCO Yearly Filter Replacement Inspection - Annual 800MHz Radio Receiver Tower Inspection Inspection - 6 Month Dark Fiber Testing Inspection - Annual Energen Fire Supression System Certification Inspection - 6 Month OCC Daily System Checks Inspection - Daily TVM Server Maintenance Inspection - Monthly Remote Radio Receiver PMI Inspection - 6 Month DACR PMI Inspection - Monthly Microwave System Annual PMI Inspection - Annual

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79

Bridge Inspection – to be added upon completion of revision. Person Responsible is Glenn Shankle, Maintenance Department

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DART VEHICLE MAINTENANCE MATRIX

Maintenance Type

Buses Daily Pre-Trip & Post –Trip by Operator Program is based on an increasing level 6,000 miles of operation of effort for each incrementally larger 12,000 miles of operation mileage threshold inspection. Each 18,000 miles of operation vehicle type has a documented 6,000 miles of operation inspection manual detailing the incremental 12,000 miles of operation differences between each inspection level 36,000 miles of operation 6,000 miles of operation 12,000 miles of operation 18,000 miles of operation 6,000 miles of operation 12,000 miles of operation 72,000 miles of operation 144,000 miles of operation (NABI only) Additional vehicle component change outs are

scheduled on a predetermined multi-year basis and included in the DART capital program

Light Rail Vehicles Daily Pre-Trip by Operator Program is based on an increasing level 10,000 miles of operation of effort for each incrementally larger 20,000 miles of operation mileage threshold inspection. Each 10,000 miles of operation vehicle type has a documented 20,000 miles of operation inspection manual detailing the incremental 10,000 miles of operation differences between each inspection level 60,000 miles of operation

Additional vehicle component change outs are scheduled on a predetermined multi-year basis and included in the DART capital program

Non-Revenue Vehicles Inspection is based on 30 & 90 day intervals with program based on an increasing level of

effort for each incrementally larger mileage threshold inspection. Each of the classifications of vehicles has an inspection manual detailing the incremental differences between each inspection level

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81

TxDOT SSO – FORM 1 (5/06) FAX NO. 512.416.2830 TELEPHONE NO. 512.416.2833

TxDOT NOTIFICATION OF A REPORTABLE ACCIDENT, INCIDENT, OR HAZARDOUS CONDITION ACCIDENT – check all that apply

A fatality at the scene; or where an individual is confirmed dead within thirty (30) days of a rail transit-related incident;

Injuries requiring immediate medical attention away from the scene for two or more individuals;

Property damage to rail transit vehicles, non-rail transit vehicles, other rail transit property or facilities, and non-transit property that equals or exceeds $25,000;

An evacuation due to life safety reason; A collision at a grade crossing; A main-line derailment; A collision with an individual on the rail right-of-way;

or A collision between a rail transit vehicle and a second

rail transit vehicle, or a rail transit non-revenue vehicle

SECURITY INCIDENT HAZARDOUS CONDITION Rail Transit Agency: Name and Job Title of Person Reporting Incident: Date and Time of Event: Location: Name and Contact Telephone # for Follow-up Information: Fatalities: Injuries: Property Damage Estimate: Rail transit vehicle(s) involved (type, number): Other vehicle(s) involved (type, number): NTSB reportable YES NO FRA reportable YES NO RTA person conducting the investigation (name, title, phone numbers, email address): Brief Description of the Event: Implemented and/or planned corrective actions:

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82

Report of Hazardous Condition

Instructions: Submit this report to your Supervisor Employee's Name Job Title Badge

Vehicle No. Bus Run No. Line Direction Division Location of condition believed to be unsafe or hazardous:

Description of unsafe condition or hazard:

What changes would you recommend to correct the condition or hazard:

Signature of Employee (Optional) Date

DART Safety Committee Response Name of person investigating this report:

Result of the investigation (What was found? Was the condition unsafe or hazardous?) Attach additional sheets if necessary:

Action taken to correct hazard or unsafe condition, if appropriate (or, in the alternative, information provided to employee as to why condition was not unsafe or hazardous). Attach additional sheets if necessary.

Signature of person submitting this report Date

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Appendix VIII Page 83 of 100

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DALLAS AREA RAPID TRANSIT – LIGHT RAIL DIVISION FINAL REPORT: R00000 occurring DATE

The investigation and summary that follows indicates the following course of

events based upon reports, LRV datalog, and evidence recorded at the location where the event occurred.

SUMMARY OF FACTS RELATED TO A TRAIN AND (description of other party involved, location, and date).

DESCRIPTION OF OCCURRENCE

Description of Occurrence listed here.

INJURIES

Description of injuries listed here.

FATALITIES

If a fatality is involved list here.

PROPERTY DAMAGE

Description of Property Damage listed here.

STREET CHARACTERISTICS

Description of Street Characteristics listed here.

Description of Track Characteristics listed here.

TRACK CHARACTERISTICS

SPEED AND SIGNAL RESTRICTIONS

Description of Speed and Signal Restrictions listed here.

ENVIRONMENTAL CONDITIONS

Description of Environmental Conditions listed here.

CIRCUMSTANCES

Description of the Circumstances listed here.

CAUSE

Description of the Cause listed here.

CONTRIBUTING FACTORS

Description of Contributing Factors listed here.

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DALLAS AREA RAPID TRANSIT – LIGHT RAIL DIVISION

FINAL REPORT: R00000 occurring DATE

DRUG AND ALCOHOL TESTING

Results of any Drug/Alcohol Testing listed here.

ACTION TAKEN

Description of Action Taken (with LRV and/or other unit) listed here.

RECOMMENDATIONS

Description of Recommendations (preventability) listed here.

CORRECTIVE ACTION PLAN

Description of Corrective Action Plan listed here.

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Appendix IX Page 85 of 100

85

TxDOT CHECKLIST FOR REVIEW OF SYSTEM SAFETY PROGRAM PLANS

RAIL FIXED GUIDEWAY SYSTEM:

SAFETY PLAN TITLE: PLAN DATE: REVISION NO: REVIEWER: REVIEW DATE:

NO. CHECKLIST ITEM

SSPP REQUIREMENTS INCLUDED PAGE NO.

COMMENTS

YES - NO 1.0 Policy Statement • A policy statement is developed for the System

Safety Program Plan (SSPP).

• The policy statement describes the authority that establishes the SSPP.

• The policy statement is signed and endorsed by the

rail transit agency’s chief executive.

2.0 Purpose, Goals, and Objectives

• The purpose of the SSPP is defined.

• Goals are identified to ensure that the SSPP fulfills its purpose.

• Objectives are identified to monitor and assess the

achievement of goals.

• Stated management responsibilities are identified for the safety program to ensure that the goals and objectives are achieved.

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3.0 Management Structure

• An overview of the management structure of the rail transit agency is provided including an organization chart.

• Organizational structure is clearly defined and

includes:

o History and scope of service, o Physical characteristics, and o Operations and Maintenance.

• A description of how the safety function is integrated

into the rest of the rail transit organization is provided.

• Clear identification of the lines of authority used by the rail transit agency to manage safety issues is provided.

4.0 Plan Review and Modification

• An annual assessment of whether the SSPP should be updated is specified.

• The process used to control changes to the SSPP is

described.

• Specific departments and persons responsible for initiating, developing, approving, and issuing changes to the SSPP are identified.

• Required coordination with the oversight agency

regarding plan modification, including timeframes for submission, revision, and approval, is addressed.

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5.0 Plan Implementation

• A description of the specific activities required to implement the SSPP is included.

• Tasks to be performed by the rail transit safety

function, by position and management accountability, are identified and described.

• A description of the methodologies used by the

system safety function to achieve their safety responsibilities should be provided.

• Safety-related tasks to be performed by other rail

transit departments, by position and management accountability, are identified and described.

• A task matrix (or an equivalent narrative description)

showing: all identified safety responsibilities, interfaces among all rail transit units responsible for each task, and the key reports or actions required, should be provided

6.0 Hazard Management Process

• The process used by the rail transit agency to implement its hazard management program, including the role of the oversight agency in providing on-going communication is described.

• The hazard management process includes activities

for: hazard identification, hazard investigation, evaluation, and analysis, hazard control and elimination, hazard tracking.

• Requirements for on-going reporting to the oversight

agency relating to hazard management activities and status are specified.

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7.0 Safety Certification Process

• A description of the safety certification process required by the rail transit agency to ensure that safety concerns and hazards are adequately addressed prior to the initiation passenger operations for New Starts and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment.

8.0 Safety Modifications

• The process used by the rail transit agency to ensure that safety concerns are addressed in modifications to existing systems, vehicles, and equipment, which do not require formal safety certification, but which may have safety impacts, is described.

9.0 Safety Data Acquisition

• The process used to collect, maintain, analyze, and distribute safety data is clearly defined.

• The management process for ensuring that the safety

function within the rail transit organization receives the necessary information to support implementation of the system safety program is clarified.

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10.0 Accident-Incident Notification, Investigation, and Reporting

• A description is provided regarding the process used by the rail transit agency to perform accident notification, investigation, and reporting.

• Criteria for determining what accidents/incidents

require investigation, and who is responsible to conduct specific investigations are developed.

• A description of the procedures for performing

investigations, including proper documentation and reporting of findings, conclusions reached, use of hazard resolution process to develop corrective action recommendations, and follow-up to verify corrective action implementation is provided.

• Notification thresholds for internal departments -

functions are defined.

• Criteria are specified for notifying external agencies (NTSB, state oversight agency) of accidents and incidents.

• Procedures are established for documenting and

reporting on accident investigations.

• Process used to develop, implement, and track corrective actions that address investigation findings is specified.

• Coordination with the oversight agency is specified.

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11.0 Emergency Management Program

• The agency’s emergency planning responsibilities and requirements are identified.

• A description of the process used by the rail transit

agency to develop an approved, coordinated schedule for emergency management program activities is provided.

• Required meetings with external agencies regarding

the emergency management program are specified.

• The process used to evaluate emergency preparedness, such as annual emergency field exercises, is documented.

• After action reports and implementation of findings

are required.

• The process is explained to be used by the rail transit agency for the revision and distribution of emergency response procedures.

• The agency’s responsibilities for providing employee

training are identified.

• The agency’s responsibilities for providing familiarization training to local public safety organizations are identified.

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12.0 Internal Safety Audit Program

• A description of the process used by the rail transit agency to ensure that planned and scheduled internal safety audits are performed to evaluate compliance with the SSPP is included.

• Identification of departments and functions subject to

audit is performed.

• Auditors must be independent from the first line of supervision responsible for the activity being audited.

• A three-year audit schedule must be developed,

reviewed, maintained, and updated to ensure that all 21 SSPP elements are reviewed during the audit cycle.

• The process for conducting audits, including the

development of checklists, and procedures for conducting audits and issuing of findings is described.

• The SSPP must describe the requirement of an

annual audit report that summarizes the results of individual audits performed during the previous year and includes the status of required corrective action items. This report must be submitted to the state oversight agency for review and approval.

• The process for resolving problems and

disagreements, report distribution, and follow-up on corrective action procedures is described.

• The ISAP process and reporting must be coordinated

with the state oversight agency.

• The ISAP process should be comprehensive.

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Appendix IX (continued) Page 92 of 100

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13.0 Rules Compliance

• Operating and maintenance rules and procedures that affect safety are identified.

• Operating and maintenance rules and procedures that

affect safety are reviewed for their effectiveness and determinations are made regarding their need to be updated.

• Description of process for developing, maintaining,

and ensuring compliance with operating and maintenance rules and procedures.

• Techniques used to assess the implementation of

operating and maintenance rules and procedures by employees, such as performance testing/compliance checks.

• Techniques used to assess the effectiveness of

supervision relating to the implementation of operating and maintenance rules.

• Process for documenting results and incorporating

them into the hazard management program.

14.0 Facilities and Equipment Inspections

• Identification of the facilities and equipment that are subject to regular safety related inspection and testing is provided.

• A description of how safety-related equipment and

facilities are included in a regular inspection and testing program is provided.

• Use of a written checklist for conducting facility

inspections.

• Descriptions of how identified hazardous conditions are entered into the Hazard Resolution Process.

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15.0 Maintenance Audit and Inspection Program

• A list of systems and facilities subject to a maintenance program, along with established maintenance cycle and required documentation of maintenance performed for each item, is provided.

• A description of the process for tracking and

resolving problems identified during inspections is provided.

• Use of a written checklist for conducting

maintenance audits is required.

16.0 Training and Certification Program

• A description of the training and certification program for employees and contractors is provided.

• Categories of safety-related work requiring training

and certification are identified.

• Description of the training and certification program for employees and contractors in safety-related positions is provided.

• Description of the training and certification program

for contractors is provided.

• The process used to maintain and access employee and contractor training records is described.

• The process used to assess compliance with training

and certification requirements is described.

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17.0 Configuration Management Process

• A description of the configuration management control process is provided and appropriate references are made to other rail transit agency documents governing this process.

• Process for making changes is described.

• Authority to make configuration changes is

described and assurances are provided for formal notification of all involved departments.

18.0 Compliance with Local, State, and Federal Safety Requirements

• A description of the safety program for employees and contractors that incorporates the applicable local, state, and federal requirements is provided.

• Safety requirements that employees and contractors

must follow when working on, or in close proximity to, rail transit agency controlled property are identified.

• Processes for ensuring the employees and contractors

know and follow the requirements are described.

19.0 Hazardous Materials Program

• A description of the hazardous materials program, including the process used to ensure knowledge of and compliance with program requirements is provided.

20.0 Drug and Alcohol Program

• A description of the drug and alcohol program and the process used to ensure knowledge of and compliance with program requirements is provided.

21.0 Procurement • A description of the measures, controls, and assurances in place to ensure that safety principles, requirements, and representatives are included in the rail transit agency procurement process.

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Appendix IX (continued) Page 95 of 100

95

ADDITIONAL REVIEWER COMMENTS:

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Appendix X Page 96 of 100

96

AVP Construction

Mgmt

Gollhofer

AVP Facilities

Eng

Ehrlicher

AVP Real Estate

Grounds

AVP Systems

Eng & Int Hernandez

VP Rail

Planning Salin

DDAARRTT MMAANNAAGGEEMMEENNTT OORRGGAANNIIZZAATTIIOONNAALL CCHHAARRTT

VP Econ Opp & Gov Rel Franklin

AVP Econ Opp & Gov Rel

Muhammad

Sr. VP Rail Prog Dev

McKay

Board of

Directors

President/ Executive Director

G. Thomas

General Counsel

H. Simmons

Director Board Support

N. Johnson

Director Internal Audit

A. Bazis

Exec Vice President Administration

B. Gomez

Exec Vice President/ Chief of Operations

V. Burke

VP Chief of Police

Spiller

VP Commuter

Rail Friesner

VP Maintenance

Hubbell

VP Transportation

Jennings

VP Paratransit

Douglas

VP Procurement

Adler

AVP Contracts

Pritchett

AVP Procurement

Vacant

VP Marketing &

Communications

Bauman

VP Finance Leary

AVP Commuter

Rail Navarro

AVP Service

Planning Smith

AVP Mobility

Programs Olyai

AVP Fleet

Services Coker

AVP Ways,

Structures & Amenities Archibald

AVP Technical Services Rogers

AVP Paratransit Mgmt. Srv. Haenftling

AVP Rail

Operations Gaul

AVP External Affairs

Pena

AVP Marketing Advertising

Mochon

AVP Treasurer

Hallett

AVP Paratransit Operations Thompson

AVP Materials

Mgmt Sadberry

AVP Operations

Admin. Hetrick

AVP Info

System Jarrett

AVP Bus

Operations Newby

Chief of Staff Vacant

Media Relations Morgan Lyons

VP Planning &

Development (Interim)

Kline

VP Human

Resources Jackson

VP CIO

Steele

AVP Risk

Management Redding

Sr. VP CFO

Leininger

AVP Rail Prog

Supp Masters 12/08

AVP Budget & Financial Planning Levitan

EEO Officer Gamez

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Appendix X (continued) Page 97 of 100

97

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Appendix XI Page 98 of 100

98

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Appendix XI continued Page 99 of 100

99

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Appendix XI continued Page 100 of 100

100

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SOP NUMBER REVISION EFFECTIVE DATE PAGE

NPG-0758 4 October 17, 2008 1 of 6

STANDARD OPERATING PROCEDURE

DALLAS AREA RAPID TRANSIT MAINTENANCE DEPARTMENT

BLOOD-BORNE PATHOGENS AND BIOHAZARD CLEAN-UP

PROCEDURE

4 10/03/08 ADD HEPATITUS “B” VACCINCATION NOTIFCATION DCA-1327 DJ

3 1/30/08 UPDATE TO CLARIFY RESPONSIBILITIES AND REMOVE CIRCULAR REFERENCES DCA-1233 DJ

2 08/17/05 REVISED TRAINING SECTION TO MEET OSHA MINIMUM REQUIREMENTS DCA-0420 RH

1 03/26/01 UPDATE DCA-0209 SM 0 09/05/00 INITIAL RELEASE DRA-0494 SM

REV DATE DESCRIPTION RLSE NO. INIT

ORIGINATED BY: __________________________________

Donna Johnson, Safety Specialist

DATE: ____________

APPROVED BY:

Mike Hubbell, V.P. of Maintenance Original Signed Document on File in MDC

DATE: ____________

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SUBJECT: BLOOD-BORNE PATHOGENS AND BIOHAZARD CLEAN-UP PROCEDURE

SOP NUMBER REV PAGE

NPG-0758 4 2 of 6

TABLE OF CONTENTS

SECTION

1.0 SCOPE ............................................................................................ 3

PAGE

2.0 PURPOSE ....................................................................................... 3 3.0 DEFINITIONS / ABBREVIATIONS ................................................. 3 4.0 REFERENCES ................................................................................ 3 5.0 FORMS ............................................................................................ 4 6.0 REQUIRED SAFETY EQUIPMENT OR SPECIAL TOOLS ............ 4 7.0 PROCEDURE ................................................................................. 5, 6

7.1 Training ..................................................................................... 5 7.2 Employee Exposure ................................................................. 5 7.3 Contaminated Vehicles, Equipment, or Facilities .................. 5, 6

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SUBJECT: BLOOD-BORNE PATHOGENS AND BIOHAZARD CLEAN-UP PROCEDURE

SOP NUMBER REV PAGE

NPG-0758 4 3 of 6

1.0

This Standard Operating Procedure (SOP) applies to all Dallas Area Rapid Transit (DART) Maintenance personnel.

SCOPE

2.0

This SOP establishes guidelines and procedures to be followed in the event an employee or equipment is exposed to potential Blood-borne Pathogens (BBP) and provide instructions for cleaning DART equipment contaminated with such.

PURPOSE

3.0

BBP

DEFINITIONS / ABBREVIATIONS

Blood-borne Pathogens - Disease-causing microorganisms that may be present in blood. They may be transmitted by exposure to blood or other potentially infectious materials.

Biohazards

Harmful microorganisms that can be transmitted by viruses, bacteria, insects, plants, birds, animals and humans. These microorganisms can cause a variety of health effects, ranging from skin irritation and allergies to infections or cancer.

Exposure Broken skin, eye, mucous membranes, mouth, or other skin piercing contact with: blood, potentially infectious material, or biohazards.

4.0

MDC

REFERENCES

MANUAL AND/OR DOCUMENT DESCRIPTION SECTION PAGE

N/A OSHA 29 CFR 1910.1030 Blood-Borne Pathogens N/A Complete

Document

APL-0837 Standard Operating Procedure,

Documenting Safety Meetings and Safety Training

N/A Complete Document

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SUBJECT: BLOOD-BORNE PATHOGENS AND BIOHAZARD CLEAN-UP PROCEDURE

SOP NUMBER REV PAGE

NPG-0758 4 4 of 6

5.0

FORM DESCRIPTION

FORMS

FORM LOCATION AND/OR MDC NUMBER

First Report of Injury Form DARTNET

6.0

Safety equipment required for cleaning up contaminated equipment or facilities includes but is not limited to:

REQUIRED SAFETY EQUIPMENT OR SPECIAL TOOLS

DESCRIPTION DART STOCK NUMBER Bleach 27-010-108 Disinfectant 07-E-1702

Disposable Coveralls 07-E-1649 – Medium 07-E-1648 – Extra, Extra Large 07-E-3066 – Extra, Extra, Extra Large

Disposable Gloves 07-E-2079 – Medium 07-E-2077 – Large 07-E-2078 – Extra Large

Disposable Towels 07-E-2012 Eye Protection:

Safety Glasses 07-E-2034 Goggles 07-E-1413 Face Shield Lens 07-E-2086 Face Shield Bracket 07-E-2087

Mop Supplies: Mop Bucket 07-E-1694 Mop 07-E-0151 Mop Handle 07-E-1720 Plastic Trash Bags 07-E-1712 Respiratory Protection:

Disposable Dust Mask 07-E-1361

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SUBJECT: BLOOD-BORNE PATHOGENS AND BIOHAZARD CLEAN-UP PROCEDURE

SOP NUMBER REV PAGE

NPG-0758 4 5 of 6

7.0

7.1 TRAINING

PROCEDURE

A. Maintenance employees shall receive their initial Blood-borne Pathogens and Biohazard Awareness Training during New Employee Orientation.

B. Employees will review this SOP as required to ensure understanding and compliance and will refer all questions or concerns regarding the application of this SOP to their immediate supervisor for clarification.

C. Employees may be required to attend refresher training:

1. When they have been observed not complying with this SOP.

2. When changes in duty assignments render previous training obsolete.

3. Refresher training shall be delivered and recorded according to SOP APL-0837.

7.2 EMPLOYEE EXPOSURE

A. Any employee who suspects they have been exposed to a potential BBP or biohazard must report the incident to their supervisor immediately.

B. The Supervisor shall make medical care available to the affected employee.

C. DART shall make available the hepatitis “B” vaccination series to all employees that have the potential for occupational exposure. Notice of availability is provided during training listed in 7.1.A.

D. The Supervisor must complete a First Report of Injury form within 24 hours of the incident. A copy of the report shall be forwarded to Safety and Risk Management.

7.3 CONTAMINATED VEHICLES, EQUIPMENT, OR FACILITIES

A. Vehicles, equipment, or facilities contaminated with a potential BBP or other biohazard material shall immediately be taken out of service.

B. Isolate the contaminated area within a vehicle and evacuate all passengers.

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SUBJECT: BLOOD-BORNE PATHOGENS AND BIOHAZARD CLEAN-UP PROCEDURE

SOP NUMBER REV PAGE

NPG-0758 4 6 of 6

7.3 CONTAMINATED VEHICLES, EQUIPMENT, OR FACILITIES (continued)

1. Vehicles shall be removed from service and returned to the service center for cleaning.

C. The contaminated area of a facility shall be cordoned off and shall remain isolated until properly cleaned.

1. Evacuate and isolate the contaminated area using barriers to prevent persons from walking through the area.

D. Vehicles, equipment, and facility areas may be returned to normal service after they have been cleaned and inspected by the supervisor.

E. Contaminated Area Clean-up and Waste Disposal

1. Any employee involved in the Clean-up of contaminated vehicles or facilities shall wear appropriate PPE (as outlined in SOP NPG-0773). See section 6.0 of this document.

2. A supervisor will oversee the cleaning of the vehicle or facility to ensure SOP compliance and employee safety.

3. Spray the area to be cleaned with a germicide disinfectant:

a. 10% solution of household bleach and water, or

b. Disinfectant 07-E-1702

4. An absorbent should be used to reduce liquid to a dry form.

5. Wipe up material with disposable towels or mop and collect dried materials.

6. Place all contaminated cleaning materials in a doubled plastic bag.

7. Tie the open end of the doubled bag with a knot to seal the bag closed.

8. The doubled bag can be placed in the trash dumpster for disposal.

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SOP NUMBER REVISION EFFECTIVE DATE PAGE NPG-0769 3 April 06, 2009 1 of 6

STANDARD OPERATING PROCEDURE DALLAS AREA RAPID TRANSIT

MAINTENANCE DEPARTMENT

HAZARDOUS COMMUNICATION (HAZCOM)

SAFETY PROCEDURES

3 10/7/08 CLARIFIED RESPONSIBILITIES, CLARIFIED

INSTRUCTIONS AND REMOVED UNNECESSARY REFERENCES

DCA-1334 DJ

2 03/09/06 REVISED TRAINING PROCEDURES DCA-0842 RH 1 02/02/04 UPDATE PROCEDURE DCA-0422 RS 0 10/01/00 RECORD RELEASE DRA-0505 KCM

REV DATE DESCRIPTION RLSE. NO. INIT

Originated By: _____________________________________ Donna Johnson, Safety Specialist

DATE: ___________

Approved By: Mike Hubbell, V.P. of Maintenance

Original Signed Document on File in MDC DATE: ___________

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SUBJECT: HAZARDOUS COMMUNICATION (HAZCOM) SAFETY PROCEDURES

SOP NUMBER

REV PAGE

NPG-0769 3 2 of 6

TABLE OF CONTENTS

SECTION PAGE

1.0 SCOPE ............................................................................................ 3 2.0 PURPOSE........................................................................................ 3 3.0 DEFINITIONS/ABBREVIATIONS .................................................... 3 4.0 REFERENCES ................................................................................. 3 5.0 FORMS ............................................................................................ 3 6.0 REQUIRED SAFETY EQUIPMENT / SPECIAL TOOLS ................. 3 7.0 PROCEDURE .................................................................................. 4 - 6

7.1 Material Safety Data Sheets ................................................. 4 7.2 Container Labeling ............................................................... 4, 5 7.3 Pipe Labeling ........................................................................ 5 7.4 Training .................................................................................. 5, 6

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SUBJECT: HAZARDOUS COMMUNICATION (HAZCOM) SAFETY PROCEDURES

SOP NUMBER

REV PAGE

NPG-0769 3 3 of 6

1.0 SCOPE

This Standard Operating Procedure (SOP) is applicable to all DART Maintenance personnel.

2.0 PURPOSE

The purpose of this SOP is to minimize risk to human health by communicating proper handling of chemicals in the workplace to employees who use them.

3.0 DEFINITIONS/ABBREVIATIONS

Hazard Any substance, situation, or condition that is capable of doing harm to human health, property, or system functions.

MSDS Material Safety Data Sheet.

4.0 REFERENCES

Referenced OSHA regulations are available at www.OSHA.gov

MDC MANUAL AND/OR DOCUMENT DESCRIPTION

SECTION PAGE

N/A OSHA CFR 29 1910.1200, Hazard Communication Standard N/A Complete

Document

APL-0837 Standard Operating Procedure,

Documenting Safety Meetings and Safety Training

N/A Complete Document

5.0 FORMS

FORM DESCRIPTION FORM LOCATION AND/OR MDC NUMBER

Hazard Determination Profile Request Form AZD-1085

6.0 REQUIRED SAFETY EQUIPMENT / SPECIAL TOOLS

None.

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SUBJECT: HAZARDOUS COMMUNICATION (HAZCOM) SAFETY PROCEDURES

SOP NUMBER

REV PAGE

NPG-0769 3 4 of 6

7.0 PROCEDURE

7.1 Material Safety Data Sheets (MSDS)

A. The Environmental Compliance Section will review and approve all MSDSs for chemical use on DART property in accordance with DART Risk Management’s Hazard Communication Program.

B. Absolutely no hazardous chemical will be distributed into the workplace and used without an MSDS on file and the Hazard Determination Profile completed.

C. To access MSDS online: from the DARTnet home page, select Safety from the main application bar and then select DART’s MSDS under the Safety Related Websites section at the bottom of the page.

D. Any Maintenance Supervisor may request a Hazard Profile be completed by Environmental Compliance for any unknown chemical by submitting a Hazard Determination Profile Request Form AZD-1085.

7.2 Container Labeling

A. All containers of chemicals must be labeled as to their content including stationary process containers such as cleaning vats. The only exception to this rule is when an employee transfers chemicals from a storage container into a container for immediate and individual use; the container does not need to be labeled in this instance.

B. When an employee uses an authorized, unmarked container as described in Section 7.2.A above; all leftover chemicals must be returned to their original, marked container or otherwise properly disposed of before the end of the employee’s shift.

C. Any container of chemicals left in a common area to be shared by more than one person must be labeled as to its contents.

D. Unlabeled containers of chemicals should not be used and must be reported to the immediate supervisor for identification.

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SUBJECT: HAZARDOUS COMMUNICATION (HAZCOM) SAFETY PROCEDURES

SOP NUMBER

REV PAGE

NPG-0769 3 5 of 6

7.2 Container Labeling (continued)

E. Storage Container Labels: 1. Must identify the hazardous chemical, provide appropriate

warnings, and provide instructions in case of exposure. 2. Must include manufacturer contact information. 3. Manufacturer's labels must remain on all original containers. 4. Labels and other forms of warnings shall be legible, in English,

and prominently displayed.

F. Labels on individual use containers only need to indicate the name of the chemical.

7.3 Pipe Labeling

A. Maintenance shall identify which pipes require labeling and the appropriate identification or marking to be applied.

B. Pipe labels shall be easy to read and concise.

C. The words Danger, Warning, and Caution shall be used only to warn against potential hazards associated with the contents of the pipe.

7.4 Training

A. All Maintenance Employees shall receive their initial HazCom training during New Employee Orientation.

B. Training Requirements: 1. All employees will be trained in the proper use, storage,

handling, protection, and disposal of hazardous materials. 2. All employees will be trained on how to locate and read the

MSDS and container labels.

C. Employees shall review this SOP as necessary to ensure understanding and compliance and shall refer all HazCom questions to their immediate supervisor.

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SUBJECT: HAZARDOUS COMMUNICATION (HAZCOM) SAFETY PROCEDURES

SOP NUMBER

REV PAGE

NPG-0769 3 6 of 6

7.4 Training (continued)

D. Employees may be required to attend refresher training: 1. When they have been observed not complying with proper

HazCom procedures. 2. When changes in a work area render previous training obsolete

or incomplete. 3. Refresher Training shall be delivered according to SOP APL-

0837, Documenting Safety Meetings and Safety Training.

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SOP NUMBER REVISION EFFECTIVE DATE PAGE

NPG-0770 0 February 05, 2001 1 of 12

STANDARD OPERATING PROCEDURE

DALLAS AREA RAPID TRANSIT

MAINTENANCE DEPARTMENT

HEARING CONSERVATION

0 09/19/00 INITIAL RELEASE DRA-0506 TS REV DATE DESCRIPTION RLSE NO. INIT

ORIGINATED BY: __________________________________ Thurman Schweitzer, Sr. Mgr. Insurance & Safety

DATE:_____________

APPROVED BY: __________________________________ Ben Gomez, V.P. of Human Resources

DATE:_____________

APPROVED BY: Mike Hubbell, V.P. of Maintenance Original signed Document on file in MDC DATE:_____________

APPROVED BY: __________________________________ Chris Poinsatte, Chief Financial Officer

DATE:_____________

APPROVED BY: __________________________________ Gary Thomas, Sr. V.P. of Project Mgmt.

DATE:_____________

APPROVED BY: __________________________________ Weldon Ginzel, V.P. Procure. & Matl. Mgmt.

DATE:_____________

APPROVED BY: __________________________________ Doug Allen, V.P. Planning & Development

DATE:_____________

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TABLE OF CONTENTS

SECTION

PAGE

1.0 SCOPE ................................................................................................ 3 2.0 PURPOSE ........................................................................................... 3 3.0 DEFINITIONS ...................................................................................... 3 4.0 REFERENCES .................................................................................... 4 5.0 FORMS................................................................................................ 4 6.0 REQUIRED SAFETY EQUIPMENT OR SPECIAL TOOLS ................ 4 7.0 RESPONSIBILITIES ........................................................................... 4, 5 8.0 PROCEDURE ...................................................................................... 5 - 9

ATTACHMENTS

ATTACHMENT 1 - Noise Control Area Form ......................................... 10 ATTACHMENT 2 - Engineering Control/Administrative

Practice Form 10 ....................................................... 11 ATTACHMENT 3 - Personal Protective Equipment (PPE)

Result Form 11 .......................................................... 12

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1.0 SCOPE

This Standard Operating Procedure (SOP) develops operational controls to implement the requirements of 29 CFR 1910.95, Occupational Noise Exposure Standard. This standard applies to all employees at DART, who by the nature of their employment are exposed to occupational noise at or above 85 decibels as measured on the A-weighted scale (dBA), Slow Response. For those employees, this standard implement’s the Hearing Conservation Program outlined in the DART Safety and Health Guidelines Manual.

2.0 PURPOSE

The purpose of this procedure is to protect employees from acquiring a hearing loss resulting from exposures to industrially related noise exposures. This purpose is accomplished through the following elements: Recognition; Evaluation; and Control

3.0 DEFINITIONS

Decibel (dB): A non-dimensional unit used to express sound levels. In audiometry, a level of zero decibels represents roughly the weakest sound that can be heard by a person with good hearing.

A-Scale dB(A): Where a weighted network filter is employed in making sound

pressure measurements, this is indicated by a suffix added to the unit symbol. For example, a sound-level reading in decibels made on the A-Weighted Network of a sound level meter is designated as “dBA.”

Noise: Unwanted sound at or above 85 dB(A) as measured on the A-Weighted

Scale, Slow Response. Time-Weighted Average: That sound level, which if constant over an 8-hour

exposure, would result in the same noise dose as is measured. OSHA takes all the frequencies given in the audiogram and measures them as one reading by averaging the frequencies together. The average is “weighted” by placing more emphasis in those frequencies related to speech. This one measurement is called decibels – A-weighted or dBA.

Hearing Conservation Program (HCP): The HCP includes five (5) basic

components: Exposure Monitoring; Audiometric Testing; Hearing Protection; Employee Training; and Record Keeping.

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4.0 REFERENCES

DART Hearing Conservation Program. OSHA 1910.95 Occupational Noise Exposure Standard. Texas Administrative Code, Title 25, Part 1, Chapter 295.103, Subchapter D. DART Sound Level Survey/Environmental Exposure Monitoring Worksheets. DART Annual Audiometric Tests. OSHA Log 200. (EMT shall decide if this Log is to be completed by DART and maintained. It is a standard log used for exposure assessments etc.)

5.0 FORMS See Attachments, pages 10, 11 & 12. 6.0 REQUIRED SAFETY EQUIPMENT OR SPECIAL TOOLS Hearing Protection. 7.0 RESPONSIBILITIES

7.1 Risk Management Division A. The Risk Management Division will maintain the DART Hearing

Conservation Program (HCP). B. The Division will perform initial monitoring and at the request of DART

Departments shall monitor noise exposures. Training will be provided and equipment shall be evaluated for its effectiveness.

C. Audits will be performed. 7.2 Department Management/Supervisory Staff

A. Enforce the Hearing Conservation Program (HCP) and procedures outlined in this SOP and attachments. A copy of the HCP shall be maintained in the respective department.

B. Provide employees with appropriate protection. C. Inform contractors of any areas of potential exposure and in areas where

employee exposure may equal or exceed the action level of 85 dBA. D. The Department will also perform representative area and personal

monitoring and will assist in the application of results to appropriate employees based on area worked, job classification or type of work performed.

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E. Provide to the Risk Management division a list of job activities and list of

employees exposed (or suspected to be) to noise sufficient to require audiometric testing.

F. Ensure employees working in noise hazard areas or with equipment which generates high noise levels, use the required hearing protection. Identify those areas and operations in which noise levels are sufficiently high to warrant personnel working therein to be included in the HCP.

G. Inform the Risk Management Division of all process changes or installation of new equipment and tools that may generate sound pressure levels exceeding the action level of 85 dBA. Inform the Division of hearing- related job injuries.

H. Ensure that all employees requiring training attend training as scheduled. 7.3 Employees

A. Each employee has the responsibility to protect his/her hearing by properly using hearing protection when exposed to high intensity noise.

B. Employees are also responsible for properly testing and maintaining the hearing protection devices used in compliance with this SOP.

7.4 Contractors A. Each contractor on DART property has the responsibility to protect their

employees hearing by using hearing protection when exposed to high intensity noise.

B. When areas of concern are noted consult the “applicable” DART safety manager e.g., Bus, Construction, Rail, etc. If there is no site safety manager contact the Risk Management Division for direction.

8.0 PROCEDURE

8.1 Recognition

A. DART’s approach to noise mitigation and as applicable, regulation, is to evaluate each work area and job description in terms of the noise generated by the operations and the resultant noise exposure to the operator of the equipment or to the noise in the general area of the employees. Once areas are evaluated, comparisons are made to an eight-hour time-weighted average (TWA) exposure to noise.

B. It is the responsibility of the DART Risk Management Division to develop a “DART Sound Level Survey”. The survey procedure must follow the requirements as outlined in the Hearing Conservation Program Section IV-C.

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C. This survey will be initially conducted for these noise sources at DART

departments: 1. Department - Facilities:

a. Air-powered wrenches. b. Air compressors. c. Air-driven equipment - air chisels; air impact gun. d. Vehicles. e. Electrical motors. f. Generators. g. Fans; blowers. h. Lathes. i. Vehicles.

2. Department - Construction: a. Diesel engines b. Construction and excavation equipment. c. Electrical motors. d. Generators. e. Fans; blowers. f. Drilling rigs; air/rotary percussion. g. Vacuum trucks.

D. DART Departments will be reevaluated: 1. At least every two years, or; 2. When there is a change in the production, process equipment, or; 3. Upon receiving an employee complaint.

E. The Risk Management Division will maintain records of the DART Sound Level Survey.

F. DART departments planning or engaging in a new activity, may request a Sound Level Survey by contacting the Risk Management Division.

8.2 Evaluation A. Evaluation of the potential/real problems identified in the work place is

critical to understanding the program(s) that need to be implemented. Noise exposures are evaluated in terms of OSHA/Texas Code regulations.

B. It is the responsibility of the Risk Management Division to evaluate and verify the survey results and identify particular DART departments; areas; and jobs that are covered by the Hearing Conservation Program (HCP).

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1. Employees shall be covered by the (HCP), if working in an area where

the Sound Level Survey indicates that: a. The noise level is at or above the 8-hour TWA of 85 dBA, or; b. The impulse noise exceeds 115 dBA for any duration of time.

2. Areas where noise levels require the implementation of the HCP are identified in ATTACHMENT A: Noise Control Area Form. (Currently being measured by the Risk Management Division)

3. Employees will be notified of the Noise Hazard Source Survey results using the Employee Sound Level Survey Results Form.

4. For employees participating in the HCP, audiometric screening must be performed annually in accordance with the Hearing Conservation Program Section V. a. Results must be recorded on the Audiometric Testing Results form. b. Risk Management Division will schedule this testing.

8.3 Control A. Control is defined as follows:

1. Engineering Controls. 2. Administrative Controls. 3. Personal Protective Equipment.

B. Control covers the following areas: 1. Engineering controls shall be used to reduce noise intensities below

the permissible noise exposure limits. If these controls are not fully effective, then it will be necessary to implement administrative controls and the possible use of personal hearing protection.

2. All areas identified as a Noise Control Area from the HCP, shall be posted as follows:

DART HEARING CONSERVATION PROGRAM AREA

ENGINEERING CONTROLS,

ADMINISTRATIVE PRACTICES AND AS- REQUIRED HEARING PROTECTION MUST

BE WORN AT ALL TIMES

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3. Engineering Controls and Administrative Practices have been identified

for DART Departments. Refer to ATTACHMENT B: Engineering Control and Administrative Practice Form for a listing of those departments. (Currently being completed by the Risk Management Division).

4. Hearing protection is evaluated according to Section VI of the Hearing Conservation Program. Personal Protective Equipment (PPE) has been studied to certify it’s effectiveness. Refer to ATTACHMENT C: Personal Protective Equipment Result Form for equipment references. (Currently being completed by the Risk Management Division).

C. Enforcement of Controls: 1. The HCP will be observed and enforced in the DART departments by

the DART department management. 2. The Risk Management Division will conduct periodic audits to ensure

all aspects of the program and the SOP are being followed. Audits consist of: a. Review of the written HCP. b. Observing actual operations to determine if items are being

followed. c. Discrepancies identified and documented.

3. Any documented discrepancies will be reviewed by Risk Management Division with the affected Department Manager.

8.4 EMPLOYEE TRAINING A. The training program for employees exposed to noise at or above an 8-

hour TWA of 85 dBA or equivalently, a dose of 50%, shall receive the following information through a formal program that includes: 1. The effects of noise on hearing. 2. The purpose of hearing protectors, the advantages, disadvantages,

and attenuation of various types, with instructions on selection and use.

3. The purpose of audiometric testing and an explanation of the test procedures.

B. Training is required annually through the Risk Management Division.

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8.5 RECORD KEEPING

A. All records shall be maintained by the Risk Management Division for a period of 30 years and shall include the following information: 1. Environmental Exposure Monitoring – Safety:

a. Employee name, Social Security Number, and Employee Number. b. Date the monitoring was performed. c. Employee’s job assignment and/or work location(s). d. Noise levels, exposure duration and/or other appropriate

measurements of the work area(s). e. Equipment calibration records.

2. Audiometric Testing – Medical: a. Employee name, Social Security Number, and Employee Number b. Date the monitoring was performed c. Employee’s job assignment and/or work location(s) d. Manufacturer, model, serial number and calibration date of

audiometer used to perform the test e. Name of person performing and evaluating the audiometric test

3. OSHA Record Keeping: The Risk Management Division will document hearing loss on the OSHA Log 200 log, within six days of notice of an individual who has a work related hearing impairment (considering age adjustment) of a 25 dBA average loss at 500, 1000, 2000 & 3000Hz.

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Attachment A

NOISE CONTROL AREA FORM

Areas where noise levels require the implementation of the HCP: DART Department & Job/Areas

Exposure Durations/days Hearing Protection Required (decibels) A-Scale, Slow response

Action Level Participation in the Hearing Conservation Program

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Attachment B

ENGINEERING CONTROL AND ADMINISTRATIVE PRACTICE FORM

Engineering Controls and Administrative practices have been identified for these DART Departments: DART Department & areas/jobs

Engineering Control(s) Administrative Control(s)

Special Requirements

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Attachment C

PERSONAL PROTECTIVE EQUIPMENT RESULT FORM

Personal Protective Equipment has been studied to certify it’s effectiveness. Results are listed below: DART Department & areas/jobs

Manufacturer/Reference # Approval and Testing Special Requirements

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SOP NUMBER REVISION EFFECTIVE DATE PAGE

NPG-0773 2 July 01, 2008 1 of 6

STANDARD OPERATING PROCEDURE

DALLAS AREA RAPID TRANSIT

PERSONAL PROTECTIVE EQUIPMENT SAFETY PROCEDURES

2 01/3/08 UPDATE TO CLARIFY RESPONSIBILITIES AND REMOVE CIRCULAR REFERENCES DCA-0823 DJ

1 01/20/06 UPDATE TRAINING SECTION TO COMPLY WITH MINIMUM OSHA REQUIREMENTS DCA-0426 RH

0 09/21/00 INITIAL RELEASE DRA-0508 SM REV DATE DESCRIPTION RLSE NO. INIT

ORIGINATED BY: __________________________________

Donna Johnson, Safety Specialist

DATE: _____________

APPROVED BY:

Mike Hubbell, V.P. of Maintenance Original Signed Document on File in MDC

DATE: _____________

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TABLE OF CONTENTS

SECTION

1.0 SCOPE ............................................................................................ 3

PAGE

2.0 PURPOSE ....................................................................................... 3 3.0 DEFINITIONS / ABBREVIATIONS ................................................. 3 4.0 REFERENCES ................................................................................ 3 5.0 FORMS ............................................................................................ 4 6.0 REQUIRED SAFETY EQUIPMENT / SPECIAL TOOLS ................ 4 7.0 PROCEDURE ................................................................................. 4 – 6 7.1 Introduction ............................................................................. 4 7.2 Responsibilities ....................................................................... 4 - 5 7.3 Training .................................................................................... 5 7.4 Eye and Face Protection ......................................................... 5 7.5 Head Protection ....................................................................... 5 7.6 Foot Protection ........................................................................ 5 7.7 Hand and Body Protection ..................................................... 6 7.8 Respiratory Protection ............................................................ 6 7.9 Hearing Protection .................................................................. 6 7.10 Protection from Electrical Shock Hazards ........................... 6 7.11 Fall Protection ........................................................................ 6

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1.0

This Standard Operating Procedure (SOP) applies to all Dallas Area Rapid Transit (DART) Maintenance personnel.

SCOPE

2.0

The purpose of this SOP is to establish guidelines to protect employees from risk of injury through the use of Personal Protective Equipment (PPE). More detailed work instructions may be developed to address job hazards as identified by a Job Safety Analysis. Those work instructions may contain PPE requirements specific to the duties of the job.

PURPOSE

3.0

Personal Protective Equipment (PPE) - Personal Protective Equipment is any equipment worn by an employee to prevent injury or impairment in the function of any part of the body through absorption, inhalation or physical contact as necessary by reason of hazards of processes or environment, chemical hazards, biological hazards, or mechanical irritants. It includes equipment to protect the eyes, face, head, hands, feet, and extremities, such as but not limited to: protective clothing, respiratory devices, and protective shields and barriers.

DEFINITIONS/ABBREVIATIONS

4.0

MDC

REFERENCES

MANUAL AND/OR DOCUMENT DESCRIPTION

SECTION PAGE

APL-0837 Standard Operating Procedure,

Documenting Safety Meetings and Safety Training

N/A Complete Document

NPA-1562 Standard Operating Procedure, Guidelines for Administration of

Corrective and Disciplinary Action N/A Complete

Document

NPS-0039 Standard Operating Procedure, Respiratory Protection Safety

Procedures N/A Complete

Document

NPG-0770 Standard Operating Procedure, Hearing Conservation N/A Complete

Document

NPG-0771 Standard Operating Procedure, Electrical Safe Work Practices N/A Complete

Document

NPG-0753 Standard Operating Procedure, Fall Protection Procedure N/A Complete

Document

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5.0

FORM DESCRIPTION

FORMS

FORM LOCATION AND/OR MDC NUMBER

Maintenance Division Hourly Employee Time Record, Labor Distribution and

Class Attendance Form EUROPA\MDC\FORMS\AZD-1027

6.0

As prescribed by Standard Operating Procedures and Work Instructions per identified tasks.

REQUIRED SAFETY EQUIPMENT / SPECIAL TOOLS

7.0

7.1 General/Introduction

PROCEDURES

PPE devices such as: eye, face, head, foot, hearing, and hand protectors are not to be solely relied upon to protect against hazards and shall be used in conjunction with guards, engineering controls, and safe work practices. DART will provide PPE to employees as required. Employees who provide their own PPE must ensure the PPE offers the same level or better protection as that provided by DART.

7.2 Responsibilities

A. Managers will ensure employees attend required training for the use, limitations, care and maintenance of PPE.

B. Supervisors will ensure their employees are provided with and understand how to use PPE as appropriate for their assigned jobs and will enforce the use of specified PPE in required areas.

C. Employees will review this SOP as required to ensure understanding and compliance and will refer all questions or concerns regarding the use of PPE or the application of this SOP to their immediate supervisor for clarification.

D. Employees are responsible for wearing, cleaning, and testing PPE as required.

E. Employees must report any damage or failure of PPE to their supervisor immediately and request repair or replacement.

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F. Employees who do not comply with safety rules or procedures will

be corrected or disciplined according to the guidelines set forth in SOP NPA-1562.

7.3 Training

A. Training shall be provided to all employees who are or may be expected to use PPE while performing their jobs.

1. Training will include how to determine when and what type of PPE is necessary and how to wear, adjust, care, and maintain PPE.

2. Employees must demonstrate their understanding of all training provisions before they are allowed to use PPE.

3. Training will be recorded according to SOP, APL-0837.

B. Employees may be required to attend Refresher Training:

1. When they have been observed not complying with the proper use of PPE.

2. When changes in a work area or type of PPE render previous training obsolete.

3. Refresher Training shall be delivered and recorded according to SOP APL-0837.

7.4 Eye and Face Protection

Employees are required to wear eye and face protection when exposed to eye or face hazards from flying particles, molten metal, liquid or powder chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light energy such as generated by welding.

7.5 Head Protection

Employees are required to wear head protection when working in areas where there is a potential for injury to the head from falling objects. Employees qualified to work on exposed electrical energy are required to wear head protection designed to reduce electrical shock hazard.

7.6 Foot Protection

Employees are required to wear appropriate protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where employees’ feet are exposed to electrical hazards.

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7.7 Hand and Body Protection

Employees are required to wear appropriate hand and body protection when the employees’ are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes. Employees qualified to work on exposed electrical energy are required to wear hand and body protection designed to reduce electrical shock hazard.

7.8 Respiratory Protection

Employees are required to wear appropriate Respiratory Protection when performing specified tasks exposing them to identified breathing hazards according to DART’s Respiratory Protection SOP, NPS-0039.

7.9 Hearing Protection

Employees are required to wear appropriate Hearing Protection when working in areas identified as hazardous noise level areas according to DART’s Hearing Conservation SOP, NPG-0770 or while performing any task that generates high noise levels.

7.10 Protection from Electrical Shock Hazards

Employees are required to wear appropriate PPE to protect from Electrical Shock Hazards when working with hazardous electrical circuits as follows and according to DART Electrical Safe Work Practices SOP, NPG-0771.

A. Foot protection designed to reduce electrical shock hazards when employees’ feet are exposed to electrical hazards.

B. Head protection designed to reduce electrical shock hazard when working with exposed electrical energy.

C. Hand and body protection designed to reduce electrical shock hazard when working with exposed electrical energy.

7.11 Fall Protection

Employees are required to wear appropriate Fall Protection Harnesses attached to designated fall protection systems when performing any work 6 feet or more above lower levels or otherwise protected from falling according to DART’s Fall Protection SOP, NPG-0753.

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SOP NUMBER REVISION EFFECTIVE DATE PAGE

NPA-0016 8 October 16, 2006 1 of 10

STANDARD OPERATING PROCEDURE DALLAS AREA RAPID TRANSIT MAINTENANCE DEPARTMENT

POST ACCIDENT VEHICLE/SYSTEM IMPOUND/QUARANTINE

INVESTIGATION PROCEDURE

8 08/21/06 ADDED PROCEDURE TO SECITON 7.2, SPEAR

UPDATE INSTRUCTIONS WHEN A VEHICLE OR EQUIPMENT IS PLACED IN IMPOUND

DCE-0928 NF

7 06/02/05 ADD CONDITION ASSESSMENT CRITERIA,

REMOVED FORMS FROM SOP AND ADD NEW FORM LOCATION

DCE-0662 CWD

6 10/04/04 ADD DATA EXTRACTION REQUIREMENT DCE-0562 RKR 5 03/22/04 REVISE IMPOUND PROCESS DCE-0468 RKR 4 09/04/01 IDENTIFY CONTRACT SERVICE PROVIDER DCE-0241 DGW

REV DATE DESCRIPTION RLSE NO. INIT

ORIGINATED BY: __________________________________

Nathan Fuller, Sr. Manager Fleet Services

DATE: _____________

APPROVED BY:

Frank Jennings, V.P. of Transportation Original Signed Document on File in MDC

DATE: _____________

APPROVED BY: ___________________________________

Robert Redding, A.V.P. of Risk Management

DATE: _____________

APPROVED BY: ___________________________________

Mike Hubbell, V.P. of Maintenance

DATE: _____________

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NPA-0016 8 2 of 10

TABLE OF CONTENTS

SECTION

1.0 SCOPE ............................................................................................ 3

PAGE

2.0 PURPOSE ....................................................................................... 3 3.0 DEFINITIONS / ABBREVIATIONS .................................................. 3, 4 4.0 REFERENCES ................................................................................ 4 5.0 FORMS ............................................................................................ 4 6.0 REQUIRED SAFETY EQUIPMENT OR SPECIAL TOOLS ............ 4 7.0 PROCEDURE .................................................................................. 5 – 10

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NPA-0016 8 3 of 10

1.0

A. This Standard Operating Procedure (SOP) is applicable to all areas of the DART Maintenance Department or Contracted Service Providers.

SCOPE

B. It applies to any vehicle, system, structure or facility whenever the vehicle, system, structure or facility is involved in: a safety related incident; an accident; a fire; a personal injury; or when an equipment failure is suspected of being the cause of the incident, accident, or injury.

C. A Contracted Service Provider shall be responsible for adherence to this SOP as defined herein, utilizing equivalent staff within their organization to fulfill all responsibilities for their assigned vehicles or systems.

1. Contracted Service Providers shall be responsible for identifying to the DART COTR, their contact and the persons (and their phone numbers) responsible for Safety and Technical Services.

2. Final reporting by the Contracted Service Provider shall be sent to the V.P. of the Maintenance Department for vehicle/system release from Quarantine.

2.0

A. To standardize the procedure for placing a vehicle/system into impound/ quarantine, investigation and release for service; whenever the vehicle has been involved in an accident or incident, or when an equipment failure is suspected of being the cause of the incident, accident or injury.

PURPOSE

B. To set forth the procedure for post-accident contributor substance abuse testing as required by DART Policy.

3.0

COTR

DEFINITIONS / ABBREVIATIONS

Contracting Officer’s Technical Representative.

ECM Electronic Control Module.

ECU Electronic Control Unit.

FMECA Failure Modes, Effects and Criticality Analysis.

IMPOUNDMENT A state of enforced isolation initiated by any DART Management or Supervisory Personnel or Contracted Service Provider equivalent. (Vehicle or system access controlled by Safety.)

MDC Maintenance Document Control.

OEM Original Equipment Manufacturer.

Spear Dart Maintenance Data Base

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3.0

QUARANTINE

DEFINITIONS (continued)

A state of enforced isolation initiated by the Safety Officer or Safety Specialist or Contracted Service Provider equivalent. (Vehicle or system controlled by Maintenance Technical Services or Contracted Service Provider equivalent.)

SSPP DART’s System Safety Program Plan.

TCC Train Control Center. TSE Technical Services Engineering. WSA Way, Structure and Amenities.

4.0

MDC #

REFERENCES

MANUAL AND/OR DOCUMENT DESCRIPTION SECTION PAGE

N/A Administrative Employment Manual,

http://dartnet/resource/resourceRoom.asp?switch=displayResource&resource

ControlNum=2141170001

Chapter 8.0

Complete Chapter

N/A DART Hourly Employment Manual,

http://dartnet/resource/resourceRoom.asp?switch=displayResource&resource

ControlNum=2141171083

Chapter 10.0

Complete Chapter

N/A DART System Safety Program Plan,

http://dartnet/resource/doclib/948330755/sspp_final.pdf

N/A Complete Document

NNB-1142 Standard Practice Bulletin, Procedure for Calibration and use of Varicom V-3000 Brake Meter, SPB #GEN-12-07

N/A Complete Document

WIK-0918 Work Instruction, Accident / Incident Condition Assessment Procedures N/A Complete

Document

5.0

None.

FORMS

6.0

Yellow Plastic Security Ribbon.

REQUIRED SAFETY EQUIPMENT OR SPECIAL TOOLS

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SUBJECT: POST ACCIDENT VEHICLE/SYSTEM IMPOUND/QUARANTINE INVESTIGATION PROCEDURE

SOP NUMBER

REV PAGE

NPA-0016 8 5 of 10

7.0

7.1 VEHICLE IMPOUNDMENT/QUARANTINE PROCEDURE

PROCEDURE

A. Any DART Management/Supervisory Official may request that the vehicle or system be placed in Impoundment. Vehicles/systems are to be impounded for accidents, fire, personnel injury, police investigations or safety related incidents.

B. Maintenance/Safety/Transportation shall be notified (as applicable) through Bus Dispatch or Train Control Center (TCC). Bus dispatch or TCC shall also notify the affected shop and Transportation Facility Office of a request to impound a piece of equipment or system.

C. Impounded vehicles/systems shall be the responsibility of Safety.

D. After review of the operational conditions that contributed to the accident/incident, the Safety Specialist or the Safety Official shall quarantine to Technical Services any vehicle or system that does not meet the requirements in section 7.3. Or if a determination was made that a formal Vehicle/System Condition Assessment needs to be performed to determine if any mechanical defects contributed to the accident (or safety related incident).

E. Vehicle or system equipment incidents resulting in fire shall be quarantined by Safety to Technical Services or Contracted Service Provider equivalent.

7.2 IMPOUNDMENT

A. Upon notification, Fleet Services or Way Structures and Amenities (WSA) or Contracted Service Provider equivalent shall dispatch a mechanic to retrieve or assist in retrieval of the vehicle or secure the system involved in the accident (or incident).

B. A SPEAR work order shall be created stating “Impound” within the title and placed in an out of service status. The vehicle and/or equipment shall remain out of service until official release notification is received.

C. No repairs, adjustments or modifications are to be made except those absolutely necessary to move the vehicle, or restore the track, signals, traction power or communications for rail operations.

D. Any parts removed from the vehicle must be tagged and kept with the vehicle. All track, signals, traction power system parts and communication equipment replaced during service restoration must be tagged and retained for Technical Services Engineering or Contracted Service Provider equivalent.

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SUBJECT: POST ACCIDENT VEHICLE/SYSTEM IMPOUND/QUARANTINE INVESTIGATION PROCEDURE

SOP NUMBER

REV PAGE

NPA-0016 8 6 of 10

E. The vehicle shall be towed or driven to the assigned section for

further inspection. (Bus/LRV data extracted and farebox removed [if applicable] as coordinated with Safety.)

F. The vehicle shall be parked in an area away from routine traffic, when possible, whether inside or outside of a building. Systems shall be secured to prevent unauthorized access.

F. The Safety Officer or Contracted Service Provider equivalent shall review the accident to determine the hazard severity or potential hazard severity. For any accidents with a severity of one (1) or two (2), according to the DART SSPP, the Safety Officer will direct the on-duty Maintenance Supervisor to download any operational data available that is pertinent to determining the vehicle or system operating conditions at the time of the accident.

1. Notification of download shall be provided to V.P. of Maintenance and AVPs of Fleet Services, WSA and Technical Services.

2. The Safety Officer is to be present during the download procedure.

3. Maintenance personnel shall download the data in a format as close to its stored format as possible.

4. If possible, the data should not be extracted into report format.

5. If possible, the data on the vehicle or system ECM / ECU shall not be cleared after the download.

6. The data storage media shall be placed in an appropriate container and sealed.

a. The seal shall be signed and dated by the Safety Specialist or the Safety Officer or Contracted Service Provider equivalent and the personnel performing the data extraction.

b. The seal shall be signed and dated by the person receiving the data at each exchange of custody.

7. The data shall be provided to the Legal Department prior to the seal being broken.

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SUBJECT: POST ACCIDENT VEHICLE/SYSTEM IMPOUND/QUARANTINE INVESTIGATION PROCEDURE

SOP NUMBER

REV PAGE

NPA-0016 8 7 of 10

G. Based on the judgment of the Safety Specialist or Safety Officer,

he/she may request assistance from Fleet Services to validate a bus’s braking performance or parking brake performance while still in impound.

1. This validation shall be limited to:

a. Performance of service brake check per MDC #NNB-1142, SPB #GEN-12-07;

b. Air system leak check per the current vehicle preventive maintenance inspection manual requirements, and/or;

c. Parking brake check per the current vehicle preventive maintenance inspection manual requirements.

2. All validation inspections by Fleet Services shall be conducted in the presence of a Safety Specialist or the Safety Officer.

7.3 CONDITION ASSESSMENT

A. Under no circumstance is the vehicle or system to be touched by anyone until the Safety Specialist or the Safety Officer or Contracted Service Provider equivalent completes his or her assessment of the operational conditions that contributed to the accident/incident unless directed by the Safety Specialist or the Safety Officer or Contracted Service Provider equivalent.

B. At this time, the Safety Specialist or the Safety Officer will make a determination of whether to quarantine the vehicle or system for completion of a Vehicle/System Condition Assessment form, (as outlined in Work Instruction, WIK-0918) by TSE or Contracted Service Provider equivalent.

IF AFTER AN ASSESSMENT OF THE OPERATIONAL FACTORS, THE SAFETY SPECIALIST OR THE SAFETY OFFICER OR CONTRACTED SERVICE PROVIDER-

EQUIVALENT DETERMINE THAT A MECHANICAL DEFECT COULD NOT HAVE CONTRIBUTED TO THE ACCIDENT, AND THEY HAVE NO OTHER REASON

NOTE:

TO KEEP THE SYSTEM/VEHICLE IMPOUNDED, THEY SHALL NOTIFY SECTION MAINTENANCE MANAGEMENT THAT THE

VEHICLE/SYSTEM MAY BE REPAIRED FOR RETURN TO SERVICE.

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SUBJECT: POST ACCIDENT VEHICLE/SYSTEM IMPOUND/QUARANTINE INVESTIGATION PROCEDURE

SOP NUMBER

REV PAGE

NPA-0016 8 8 of 10

7.4 QUARANTINE

A. If the Safety Specialist or Safety Officer or Contracted Service Provider equivalent determines the vehicle/system is to be quarantined, Fleet Service or WSA Division or Contracted Service Provider equivalent shall obtain yellow plastic security ribbon and wrap around the vehicle/system to warn everyone to stay away.

B. After the vehicle/system has been placed into Quarantine, the Safety Officer or Contracted Service Provider equivalent must immediately notify the following officials:

1. VP of Maintenance;

2. AVP Fleet Services;

3. AVP Technical Services;

4. AVP Ways, Structures and Amenities (for right-of-way incidents);

5. AVP Risk Management;

6. Affected Maintenance Section Senior Manager.

7.5 INVESTIGATION

A. Once the vehicle is quarantined, the condition assessment of the equipment shall be the responsibility of the Technical Services Division or Contracted Service Provider equivalent.

B. Either the AVP of Technical Services or Contracted Service Provider equivalent initiates the condition assessment by notification to the applicable Engineering section.

C. Technical Services Maintenance Support and Training or Contracted Service Provider equivalent shall support TSE in the investigation; providing operational, procedural, data accumulation and training analysis (as required).

D. TSE or Contracted Service Provider equivalent responsibility:

1. Shall lead the vehicle/system condition assessment, using the (Vehicle, Facility, Structure and/or System Condition Assessment Report, as outlined in WIK-0918) guidelines and complete the final report.

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SUBJECT: POST ACCIDENT VEHICLE/SYSTEM IMPOUND/QUARANTINE INVESTIGATION PROCEDURE

SOP NUMBER

REV PAGE

NPA-0016 8 9 of 10

2. During condition assessments, if a component or equipment

failure mode is such that removal and/or disassembly is required, the following criteria shall be used:

a. If technical information is documented in current maintenance manuals and/or other information is available to TSE for the component/equipment in question, then (with approval of the AVP of Technical Services) TSE should proceed with the removal and/or disassembly of the item (as required) in order to complete a proper condition assessment.

b. If this technical information is not documented in current maintenance manuals (or other information TSE does not have access to) for the component/ equipment in question, then TSE should contact the component/equipment manufacturer (OEM) to provide them the first opportunity to inspect the complete and intact components/equipment/system, in order to have a proper Failure Analysis performed by the OEM in conjunction with TSE's condition assessment.

c. If the accident resulted in severe injury, loss of life or damage that would take longer than one hundred (100) man-hours to return the system/vehicle to service, then TSE should not proceed with the removal and/or disassembly of the item. Any exceptions must be approved by the AVP Technical Services prior to commencing work.

3. Provide recommendations to the AVP Technical Services or Contracted Service Provider equivalent for release for necessary repairs or service.

4. Document any equipment discrepancies noted during the investigation for Maintenance, for corrective action, before release into service.

E. The AVP of Technical Services (or designee) shall recommend release for necessary repairs or service, to the VP of Maintenance.

F. The Vehicle/System Condition Assessment Report and necessary back-up information shall be forwarded to Risk Management/Safety or Contracted Service Provider equivalent for inclusion in the accident investigation file. Any equipment incidents resulting in fire shall require completion of a FMECA or similar form (as outlined in WIK-0918). Submit to AVP of Technical Services prior to release.

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SUBJECT: POST ACCIDENT VEHICLE/SYSTEM IMPOUND/QUARANTINE INVESTIGATION PROCEDURE

SOP NUMBER

REV PAGE

NPA-0016 8 10 of 10

7.6 RELEASE

A. Only the VP of Maintenance may release equipment from Quarantine. No vehicle or system component may be repaired, altered in any way, or removed from quarantine without prior written authorization from the VP of Maintenance.

B. Technical reports shall be distributed by MDC with copies provided to the Safety Officer/Manager and other designated personnel, as required.

7.7 CONTRIBUTOR TESTING

A. Once the Safety Officer or Contracted Service Provider equivalent has determined that Quarantine is necessary, the Safety Officer shall also notify the applicable Maintenance Department Section Senior Manager or Contracted Service Provider equivalent (refer to Section 7.4.B, for complete notifications’ list).

1. The applicable Senior Manager or Contracted Service Provider equivalent shall implement a review of the maintenance records for the affected vehicle or related right-of-way equipment and provide a copy to TSE.

2. Any employee, who worked on the potentially failed system of the vehicle or related right-of-way equipment within the previous twenty-four (24) hour period prior to the accident, will be tested in accordance with the DART Substance Abuse policy.

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EXHIBIT H

ATTACHMENT 2

WARRANTIES

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Exhibit H - Warranties, Attachment 2
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EXHIBIT H

ATTACHMENT 3

SITE LOCATIONS

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Page 1 of 2

Exhibit H – Attachment 3

OPERATIONS LOCATIONS AND SIZE OF BUILDINGS*

LOCATION ADDRESS SQUARE FOOTAGE (APPROXIMATELY)

FACILITY / FLEET

1.

East Dallas Bus Fleet Services, Bus Lot, Shop, Storeroom, Equipment Dispatcher’s Office and Body Shop

4127 Elm Street Dallas, Texas 75225 6,000 Facility and

Fleet

2. East Dallas Central Support, Storeroom and Administration Building

4209 Main Street, Dallas, Texas 75226 25,000 Facility and

Fleet

3. South Oak Cliff Transportation Building

3422 East Kiest, Dallas, Texas 75204 12,750 Facility Only

4.

South Oak Cliff Fleet Services, Bus Lot, Equipment Dispatcher’s Office Shop, and Storeroom

3422 East Kiest, Dallas, Texas 75204 5,000 Facility and

Fleet

5. Northwest Transportation Building

2424 Webb Chapel Ext. Dallas, Texas 75220 14,200 Facility Only

6. Northwest Fleet Services, Bus Lot, Shop, Equipment Dispatcher’s Office and Storeroom

2424 Webb Chapel Ext. Dallas, Texas 75220 6,000 Facility and

Fleet

7. Paratransit Administration Building

101 North Peak Street, Dallas, Texas 75226 16,000 Facility Only

8. East Dallas Transportation Administration Building

201 North Peak Street, Dallas, Texas 75226 19,000 Facility Only

9. 312 Peak Maintenance Building

312 North Peak Street, Dallas, Texas 75226 1,162 Facility Only

10. Pioneer Warehouse 2212 East Pioneer Drive, Irving, Texas 75061 12,000 Facility Only

11. Central Rail Service and Inspection Building, Rail Lot, and Storeroom

3021 Oak Lane, Dallas, Texas 75226 91,000 Facility and

Fleet

12. Ways, Structures and Amenities Building, Storeroom and Annex

3021 Oak Lane, Dallas, Texas 75226 22,000 Facility Only

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Page 2 of 2

OPERATIONS LOCATIONS AND SIZE OF BUILDINGS* (Continued)

LOCATION ADDRESS SQUARE FOOTAGE (APPROXIMATELY)

FACILITY / FLEET

13. HOV Administration Building

1200 East Jefferson, Dallas, Texas 75203 7,000 Facility Only

14. Oak Cliff Fleet Services Shop, and Storeroom

1200 East Jefferson, Dallas, Texas 75203 5,000 Facility and

Fleet

15. NWROF Rail Maintenance / Administration Building and Storeroom

9717 Abernathy, Dallas, Texas 75220

19,500 Facility and Fleet

16.

NWROF Ways, Structure, and Amenities Maintenance / Administration Building and Storeroom

9717 Abernathy, Dallas, Texas 75220

12,000 Facility Only

17. Light Rail Vehicle Storage Lot

805 E. Park Plano, Texas 75074 N/A Fleet Only

18. Parker Station 805 E. Park Blvd Plano, Texas 75075

N/A Facility Only

*NOTE: This table is current as of the time of this contract award. The Contractor shall be notified in writing of any changes.

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EXHIBIT H - ATTACHMENT 3 PASSENGER SERVICE

LOCATIONS

Line NAME FACILITY TYPE FACILITY ADDRESS CITY ZIP CODE MAPSCO1 8th / Corinth LRT at Grade Rail Platforms 1740 East 8TH Dallas 75203 55-C2 Addison Transit Center 4925 Arapaho Addison 75001 14-C3 Akard LRT at Grade Rail Platforms 1405 Pacific Dallas 75202 45-K4 Akard Crew Quarters 303 North Akard Dallas 75202 45-K5 Arapaho Center / Richardson* LRT at Grade Rail Platforms 1051 North Greenville Richardson 75081 7-Y6 Arapaho Center / Richardson* Transit Center 200 North Woodall Richardson 75081 7-Y7 Baylor LRT at Grade Rail Platforms 2900 Junius Dallas 75226 45-M8 Bachman LRT at Grade Rail Platforms 9739 Denton Dr. Dallas 75220 33-B9 Bernal / Singleton Passenger Transfer Location 5151 Singleton Dallas 75212 42-Q10 Buckner LRT at Grade Rail Platforms 8008 Elam Dallas 75217 58-U11 Bush Turnpike LRT at Grade Rail Platforms 1300 President George Bush Hwy Plano 75074 8-B12 CBD East Transfer Center 2110 Live Oak Dallas 75201 45-L13 CBD West Transfer Center 202 North Lamar Dallas 75202 45-K14 Carrollton Square LRT Aerial Platforms 1013 Denton Dr. Carrollton 75006 12-C15 Cedars LRT at Grade Rail Platforms 1112 Bellview Dallas 75215 45-U16 Cityplace LRT Sub Surface Platform 2701 North Central Expressway Dallas 75204 35-Y17 Cockrell Hill Passenger Transfer Location 4430 West Jefferson Cockrell Hill 75211 52-M18 Convention Center LRT at Grade Rail Platforms 727 South Lamar Dallas 75202 45-P19 Convention Center Crew Quarters 727 South Lamar Dallas 75202 45-P20 Deep Elum LRT at Grade Rail Platforms 450 North Good Latimer Dallas 75226 45-M21 Downtown Garland / Garland Central* LRT at Grade Rail Platforms 430 West Walnut Garland 75040 19-V22 Downtown Garland / Garland Central* Transit Center 530 North Fifth Garland 75040 19-V23 Downtown Garland / Garland Central Crew Quarters 430 West Walnut Garland 75040 19-V24 Downtown Plano LRT at Grade Rail Platforms 1001 16TH Plano 75074 659-S25 Fair Park LRT at Grade Rail Platforms 3710 Parry Avenue Dallas 75226 46-K26 Farmers Branch Park and Ride 2677 Carrick Farmers Branch 75234 12-Q27 Farmers Branch LRT at Grade Rail Platforms 12800 Denton Dr. Farmers Branch 75234 12-Q28 Forest Lane LRT Aerial Platforms 8210 Forest Lane Dallas 75243 16-Y29 Forest / Jupiter LRT at Grade Rail Platforms 3232 Forest Lane Garland 75042 18-Z30 Frankford Station LRT at Grade Rail Platforms 1717 W. Frankford Rd. Carrollton 75007 2-E31 Galatyn Park LRT at Grade Rail Platforms 2500 North Central Expwy Ste 870 Richardson 75082 7-M32 Glenn Heights Park and Ride 1200 East Bear Creek Glenn Heights 75115 84-U33 Hatcher LRT at Grade Rail Platforms 4003 Hatcher St. Dallas 75210 47-N34 Hampton LRT at Grade Rail Platforms 2007 South Hampton Dallas 75224 53-R35 Illinois LRT at Grade Rail Platforms 2111 South Corinth Dallas 75216 55-P36 Inwood/Lovefield LRT Aerial Platforms 5627 Denton Dr Dallas 75235 34-P37 JB Jackson Transit Center 1425 JB Jackson Blvd Dallas 75215 46-P38 Kiest LRT at Grade Rail Platforms 1518 East Kiest Dallas 75203 55-X39 Lake Highlands LRT at Grade Rail Platforms 9393 Whistle Stop Place Dallas 75231 27-K40 Lake June LRT at Grade Rail Platforms 6410 Lake June #A Dallas 75217 57-M

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EXHIBIT H - ATTACHMENT 3 PASSENGER SERVICE

LOCATIONS

Line NAME FACILITY TYPE FACILITY ADDRESS CITY ZIP CODE MAPSCO41 Lake June Transit Center 6400 Lake June Dallas 75217 57-M42 Lake Ray Hubbard Transit Center 6151 Duck Creek Garland 75043 39A-H43 Lawnview LRT at Grade Rail Platforms 5900 Scyene Rd. #B Dallas 75227 47-T44 LBJ / Central LRT at Grade Rail Platforms 8902 LBJ Freeway Dallas 75243 16-V45 LBJ / Central Crew Quarters 8902 LBJ Freeway Dallas 75243 16-V46 LBJ / Skillman LRT at Grade Rail Platforms 9939 Adeleta Dallas 75243 27-D47 LBJ / Skillman Crew Quarters 9939 Adeleta Dallas 75243 27-D48 Ledbetter LRT at Grade Rail Platforms 2006 East Ledbetter Dallas 75216 65-M49 Ledbetter Crew Quarters 5551 South Lancaster Dallas 75216 65-M50 Burbank LRT at Grade Rail Platforms 8851 Denton Dr. Dallas 75235 33-B51 Lovers Lane LRT at Grade Rail Platforms 5603 Milton Dallas 75206 36-B52 Market Center LRT at Grade Rail Platforms 4301 Harry Hines Blvd. Dallas 75219 44-D53 Martin Luther King Jr. LRT at Grade Rail Platforms 1412 South Trunk Dallas 75210 46-P54 Medical / Market Center Commuter Rail Station 1419 Motor Dallas 75207 34-X55 Mockingbird LRT at Grade Rail Platforms 5465 East Mockingbird Dallas 75206 36-J56 Monroe Shop Retail/Museum 2111 South Corinth Dallas 75203 55-K57 Morrell LRT at Grade Rail Platforms 1363 MORRELL Dallas 75203 55-F58 North Carrollton Transit Center 2533 Dickerson Carrollton 75006 2-N59 North Central Office Facility 12433 N. Central Expwy Dallas 75243 16-Q60 North Irving Transit Center 5601 O'Connor Irving 75062 21B-R61 Parkland LRT Aerial Platforms 2101 Medical District Dallas 75235 34-Y62 Park Lane LRT Aerial Platforms 8169 Park Lane Dallas 75231 26-T63 Park Lane Crew Quarters 8169 Park Lane Dallas 75231 26-T64 Parker Road / East Plano* LRT at Grade Rail Platforms 805 East Park Blvd. Plano 75075 659-N65 Parker Road / East Plano* Transit Center 905 East Park Blvd. Plano 75075 659-N66 Parker Road / East Plano Crew Quarters 805 East Park Blvd. Plano 75075 659-N67 Pearl LRT at Grade Rail Platforms 2300 Bryan Dallas 75202 45-L68 Rosa Parks Patrons Plaza 901 Elm St. Dallas 75202 4-K69 Red Bird Transit Center 4831 South Hampton Dallas 75232 63-M70 Richland College Park and Ride 12800 Abrams Road Richardson 75243 17-T71 Royal Lane LRT Aerial Platforms 11310 Denton Dr. Dallas 75229 23-J72 Rowlett Park and Ride 4100 Industrial Rowlett 75088 30-D73 Sante Fe Crew Quarters 1100 Parker Street Dallas 75215 45-V74 South Garland Transit Center 4051 Leon Garland 75041 29-S75 South Irving* Commuter Rail Station 201 Rock Island Irving 75060 31B-X76 South Irving* Transit Center 201 Rock Island Irving 75060 31B-X77 Spring Valley LRT Aerial Platforms 100 West Spring Valley Richardson 75080 17-J78 St. Paul LRT at Grade Rail Platforms 1802 Bryan Dallas 75201 45-L79 Trinity Mills LRT at Grade Rail Platforms 2525 Blanton Dr. Carrollton 75006 2-N80 Tyler/Vernon LRT at Grade Rail Platforms 1225 South Tyler Dallas 75208 54-K

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EXHIBIT H - ATTACHMENT 3 PASSENGER SERVICE

LOCATIONS

Line NAME FACILITY TYPE FACILITY ADDRESS CITY ZIP CODE MAPSCO81 Union* Commuter Rail Station 453 South Houston Dallas 75201 45-N82 Union* LRT at Grade Rail Platforms 453 South Houston Dallas 75201 45-N83 Union Crew Quarters 453 South Houston Dallas 75201 45-N84 VA Medical Center LRT at Grade Rail Platforms 4510 South Lancaster Dallas 75216 65-G85 Victory LRT at Grade Rail Platforms 2500 Victory Avenue Dallas 75204 45-E86 Walnut Hill/Denton LRT Aerial Platforms 2811 Walnut Hill Su. A Dallas 75229 23-N87 Walnut Hill LRT Aerial Platforms 8150 Walnut Hill Lane Dallas 75231 26-P88 West End LRT at Grade Rail Platforms 201 North Austin Dallas 75202 45-K89 West Irving Commuter Rail Station 4200 Jackson Irving 75061 31A-S90 West Plano/Jack Hatchell Transit Center 4040 West 15TH Plano 75093 657-T91 Westmoreland LRT at Grade Rail Platforms 2646 South Westmoreland Dallas 75211 53-U92 Westmoreland Crew Quarters 2646 South Westmoreland Dallas 75211 53-U93 White Rock LRT at Grade Rail Platforms 7333 East Northwest Hwy. Dallas 75214 37-B94 Zoo LRT at Grade Rail Platforms 614 South Ewing Dallas 75203 55-E

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EXHIBIT H

ATTACHMENT 4

FACILITIES’ LAYOUTS

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PARKING LOT AREA: 206,078.97 SQ. FT.

SCALE (IN FEET)

0 20 40 80

S CORINTH STREET RD

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DART POLICE DEPARTMENT - PARAMETER SITE
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DART POLICE DEPARTMENT BUILDING
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GROUND FLOOR

STEPS

1481

1480

1701 1702 1671 1672 1660 1631 1632 16201580

1570

1610

16341633

1635 1636 1611

161316121638165516861685

1691

16901721

1723

16931714

1670

1622

1485 1481

1474 1471

1466 1462 1459 1453

1452

1450

1500

1503

1470

1511

1390 1402

1403

1409

1380

1340

1339

1337

1335

1040

1051

1061

1050

1121

1130

1191

1012

1192

1243

1268

1290

1350

1351

1523

1522

1521

1464

1510

1460

1461

1454

1301

1531

1533

PARKING ENTRY

PARKING EXIT

1652 16511650

1683 1684

1033

1035

1544

1543

1542

15521551

1545

15

41

1532

1451

1503

1338

1184

1215

1214

1213

1212

1216 1207

1203

1204

1205

1206

1223

1219

1222

1221

1218

1231

12321233

1234

1235

1227

1228 1230

1229

1226

13231225

12591257

1258

1260

1261

1265

1266

1262

1267

1263

1264

12521256

1255

1254

1253

1307

1308

1304

1305

1306

1312

1316

1315

1322 1317

1314

1313

1311

1324

1251

1318

1319

1321

1393

CONF "B"

DINING

KITCHEN

1131

WORKROOM

BOARD

CONF "D"

RR

RR

#5

ELEV

#6

ELEV

1055

1032

1036

Room

Break

RR RR

RR RR

Store

DART

Room

Break

Room

File

1694

1696

1332

1333

1334

1330

1331 1325

1326

1327

1328

1329

Window

1013

1182

1270 1269

1309

1341

1501

1483

1483

139413921391

RR

Space

HR

STAIR #3

STAIR #4A

STAIR #1

STAIRS

#2A #2B

SERVICES CENTER

ADMINISTRATIVE

DART HEADQUARTERS

1323

#3

ELEV.

#2

ELEV.

#1

ELEV.

Revised: 06-12-12

FLOOR TYPE

CARPET

CONCRETE

CERAMIC TILE

VINYL TILE

SQ/FT

34593.09

1454.30

10236.88

10191.71

F:\P

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Current as of 3-22-12\

Ground Floor.dgn

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MEZZANINE

RR

Dock

Dock

Vestibule

Sprinkler Central Valve

#1

Elev

#2

Elev

#3

Elev

Above 1st Floor Ceiling Plenum Space

D100 D101

Storage

DART HEADQUARTERS

STAIR #4A

STAIR #1

Revised: 06-12-12

FLOOR TYPE

CARPET

CONCRETE

CERAMIC TILE

VINYL TILE

SQ/FT

-

7539.52

-

-

F:\P

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Mezzanine2d.dgn

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2051 2022

2708 2707 2672

2611 2610 26062560

2052

2053

2061

2023 2015

20142013

2006

2012

2352

2351

2343

2342

2291

2290

2281

2280

2274

2272

2161

2151

2150

2131A

26502651

2686

26882689

27312732

2741

2730

2663 2662 2661 2632 2631 2626

2484

2485

2486

24922466

2581

2465 2456

2533

2444

2445

2446

2453

2455

2522

2524

2532

2536

2542

2543

25512552

2585

2534

2571 2545

2391

2332

2356

2354

2173

2183 2184

2315

2381

2383

2460

2010

2641

2293

2644 2643

2018

2174

2199

2220 2221

2251 2252

2311 2312

23142313226622642262

2353

2770

2303 2302

2295

2344

2345

2346

2401

2404

2704

2703

2693

2231

2201

2215

2214

2210

2211

2202

2187

2186

2180

2181

2191

2172

2171

2123

2394

2393

2392

2652

2654

2722

2421

2479

2482 2475

2476

2477

2424

2443

2458

2457 2454

24402432

2461

2468 2462

2467 24632474

2473

2431

2491 2503

2521

2523

2531

2464

2505

25902591

2535

2541

25402572

2584

2582

26842685

26662667

26652673

2692

2705

27052701

2695

2711

2706

SECOND FLOOR

2131

26532655

2706

2017

2144 2187

2192

2254 22552253

2355

24512459

2573

Room

Break

2664

2670

Room

Break

RR

StorageStorage

IT

RR

Break Room

24692472

Room

Break

RR

RR

2003

RR

#2

ELEV

#1

ELEV

#3

ELEV

STAIR #3

STAIRS

#2A #2B

STAIR #1

STAIR #4A

DART HEADQUARTERS

2130

2452

2623

2613

2612

26012614

2594

25932592

2620

2619

2618

Revised: 06-12-12

FLOOR TYPE SQ/FT

CARPET

CONCRETE

CERAMIC TILE

VINYL TILE *

Operations Center Is A Raised Tile.

* The Tiled Area Inside The Network

46259.08

918.51

7282.46

7838.98

2710

F:\P

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Current as of 3-22-12\Second Floor2d.dgn

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RR

RR

3240

3241

LOBBY

3199

3551

35523554

3542

3540

3538

3534

3533

3526

3525

3456

3455

3446

3445

3444

3404

3401

3390

33873382

3381

3383

3470

3373

3355

3353

3352

3351

3344

3343

3292

3291

3282

3270

3266

3162

3161

3153

3152

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3136

3126

33223321

33133312

32523251

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3211

3182318131743142

3102

3101

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3009

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3004

3037 3034

3481

3482

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3491

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3584 3536

362736313665366636713672370137033710

3010

3003

3742

3740

3741

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36883686

3687

3651 3647 3646 3611 3612 3606 3560

3432

3689

3053

30553056

30573053

30243023

30213020

3066

3068

30673059

3061

3060

3063

30643065

3803

3113

3112

3124

3125

3110

3111

3123

3104

3103

3135

31343140

3141 3143

3144 3145 3172

3173

3183 3184

3186

3191

3192 3205 3204

32033206

3231

3233

3232

3242 3261

3262

3264

3283 3284

3285

3265

3263

3301

3304

3306

3307

3305

3302 3331

3341

3342

3362 3361

3364

3354

3521

3454

35233512

352835133502

35113510

35863587

353235313588

3618

36143613

36403641

3645 3616 3604

3617 3602

35933623

35913624

35953628

36213635

3637363236623663

363436603661

364436523653

36543655 3642

3722

3721 3696

36843682

3683

36913692

36933697

3676

3674 3675

3704

3706 3705

37023711

3712 3707

3708

3589

3583

3581

3572

3594

3601

3592

3550

THIRD FLOOR

Herrera

Tony

Wood

Russ

Hearn

Clyde

Edwards

ReneeHebisen

Debra

Gault

John

Chavez

Oscar

Hale

Vivien

Taylor

John

Dao

Tan

Gaines

Crystal

Rawls

Brent

Massey

Adrienne

Masters

Chris

Starkes

CarmenMcKay

Tim

Monserrate

Patricia

Arbuckle

Jeri

Rinard

Jacob

Weatherrall

Carolyn

Hamilton

Cathy

Ball

Mark

Lyons

Morgan

Turner

D. Maxon

Shaw

Michael G.

Delgado

Letty

Althoff

Greg

Grounds

Cleo

Tafalla

Jesse

Deregge

Andrew

Brown

Doug

Manley

Kory

Haynes

Jeffrey

Sedoma

Jeffrey

Orr

David

Alam

Mohammad

Carter

Linda

Burton

Jeff

Johnson

Stuart

Bosse

Chris

Allman

Terry

Vazquez

Patricia

Nicholas

Donna

Beago

Chuck

Koetting

Bart

Cavazos

Janet

Bembery

Katina

Touchstone

Sheryl

Holman

Bradforf

Wooten

Jimmie

Heimburger

Tad

Swinton

Carla

Norman

Jalene

Haverstick

Michael

Griffin

Steven

Hodo

Randall

Chisenhall

Luke

Miller

Joseph

Kane

Bart

Almand

Mahvash

Crawford

Benjamin

Morgan

Jim

3374 3375

Young

David

Rosenbaun

Jerry

Elam

Elizabeth

Duke

Kenneth

Sherels

Stephanie

Kennedy

Austaucia

Samples

Connie

Forrest

Yolanda

3527Moore

Salima

Cabrera

Juan

Bluitt

Chris

Alba

Jesse

3451

Madzima

Ellen

Tovar

Jeniffer

Deborah Hendrix

Nancy Allexander Edwards

Arthur

Rudolph

Timothy

Jackson

Larry

Peruski

Marvin

Kroner

Eric

Kenneth

Clark

Smith

Mac

McCullough

Steve

Stinson

William

Jimenez

Teruka

Smith

Steve

McGuire

Joy

3332

Temple

Patti

Neill

Jo Ellen

3323

Moore

Amy

Anderson

James

Saif

OmarMason

Melinda

Varela

Juana

Richter

Milton

Bourn

Steven

Avalos

George

Shirmanesh

Reza

Ehrlicher

David

Beard

Jean

Davis

Ken

Matula

Genia K.

Ashley

Scott

Kessler

Doug

Hail

Tiffany

Godlove

Ken

West

Daron

Arnette

Debi

CONF "B" CONF "A"

CONF "D"

CONF "E"

CONF "F"

BREAKROOM

PLOT ROOM

IDF

BREAKROOM

ROOMBREAK

CONFERENCE ROOM

(WAR ROOM)

LRT SCHEDULE

3054

Storage

RRRR

Room

Break #1ELEV

#2ELEV

#3ELEV

Beene

(Bud)

Allen

COPIER

Waller

PeterHogan

James

Jolly

Patrick

DOCUMENT CONTROL

STAIR #3

STAIR #4A

STAIR #1

STAIRS

#2B#2A3404

3078

3122

3171

3185

3234

3677

3622

3596

3524

3522

3453

3441

DART HEADQUARTERS

3681

Davis

Ken

3027

3026

3025

David

Rebecca

Knox

Mike

Aguirre

Ino

Revised: 06-12-12

FLOOR TYPE

CARPET

CONCRETE

CERAMIC TILE

VINYL TILE

SQ/FT

53112.38

1076.23

1118.93

4967.49

F:\P

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Current as of 3-22-12\Third Floor2d.dgn

DART, all rights reserved, 1987-2012c

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FOURTH FLOOR

DART HEADQUARTERS

Revised: 06-12-12

FLOOR TYPE

CARPET

CONCRETE

CERAMIC TILE

VINYL TILE

SQ/FT

53287.87

944.14

1193.97

4465.56

4182

4212

4130

4131

4151

4152

4161

4271

4282

4283

4291

4292

4343

4351

4352

4134

4072

4079

LOBBY

LOBBY

RR

RR

RRRR

STOR

4314

4102

CLST

CL.

4061

4065

4078

4041 4037 4036

40514053

4000

4013 4004

4073

4076

4077

4101

4103

4142 4145 4172

4012

4006

4010

4003

4742

4741 4743 4690

4689 4688 4686

4612 4611 46034560 4553

4552 4551

4543

4542

4536

4571

4602A4601

4535

4541

4537

453445334621

4641

4657

4671467247094710 4624 4622

4590

4512 45314527

4526

4425

4458

4453

4451

4442

44014393

4392

4391

4423442244214412

4474 44644482

447544734483

4484

4481

4491

4483

4381

4370 4371

4363

4353

4284

4304

4303

4321 4322

4301

4251

4181

4696 46824693

4705

4701 4674

4673

4775

4631

4692

4706

46914722

4722

4715

4715 4704

4669 4668 4667 4631

4635

4652 4648 4647

4644

4633

4645

4642

4613 4614

4616

4654

4656

4661

4663

4666

452445234511

4515 4513 4522

44564457

44544455

4452

4441

44764492

4472 4476

4440

4254

42324231

4234 4233

41834185

41844186

41734171

41744186

4162

4207

4209

4211

4263

4261

4264

4266

4265

4323

4324 4325

4333

4334

4344

4361

4141

4147

4403

4341

4355

4402

45144471

BREAKROOM

4345

4235

BRK

4220 4250

BREAKROOM

4744

STORAGE

4632

4713 4703

4665

4668

BREAKROOM

4252

4354

STAIR #3

STAIR #4A

STAIR #1

#2A

STAIRS

#2B

4521

4532

#3

ELEV.#2

ELEV.

#1

ELEV.

LOBBY

SERVICE

#5

ELEV.

#6

ELEV.

F:\P

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Current as of 3-22-12\Fourth Floor2d.dgn

DART, all rights reserved, 1987-2012c

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EXHIBIT H - ATTACHMENT 5DART POLICE DEPARTMENTBUILDING - AIR CONDITION

FILTERS

24 20x20x2 2 inch Pleated48 20x24x2 2 inch Pleated12 24x24x2 2 inch pleated

24 20x20x12 MERV - 14 Box Vericel Aluminum48 20x24x12 MERV - 14 Box Vericel Aluminum12 24x24x12 MERV - 14 Box Vericel Aluminum

Quantity Description

Replacement HVAC Filters for Air Handler Units (4)

24 16x20x1 1 inch Pleated24 20x20x1 1 inch Pleated24 14x24x1 1 inch Pleated24 17x20x1 1 inch Pleated

Replacement Filters for Main Penthouse, Trane Units and Liebert's in Computer Room

Fuel Charge

Main Penthouse144 20x24x2 180 24x24x2

Liebert Units24 18x24x2 12 18x24x4

Trane Units24 20x20x224 20x25x2

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P-1022206

FORM 33.253 (08/04) Page 1 of 4 Exhibit L

Dallas Area Rapid Transit

EXHIBIT L BUSINESS QUESTIONNAIRE

(SUPPLIES AND SERVICES)

This questionnaire, the requested list of references, and the authorization to release financial information are used in part to assist in determining a potential contractor’s responsibility. Offerors shall submit the Exhibit L information within two (2) work days from the date of notification by the Authority, or with the offer, if so indicated in the Table of Contents page 2 of the Solicitation, Offer and Award Form, and in accordance with applicable provision(s) in Exhibit B, if any. All information must be current and traceable. Each venturer of a joint venture must submit a separate signed form. DART reserves the right to make additional inquiries based on information submitted, or the lack thereof. Questions concerning this questionnaire or the authorization form should be directed to the contact person identified on the Solicitation, Offer and Award Form. 1. Name of Offeror ("Business"): ___________________________________________________

2. List name(s) and business address of officers and directors for corporations, partners for

partnerships, and venturers for joint ventures (attach additional pages as necessary). ___________________________________________________________________________

___________________________________________________________________________ ___________________________________________________________________________

3. Number of years in business under present business name: _________ 4. If applicable, list all other names under which the Business identified above operated in the last

5 years. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

5. Annual Gross Revenue (Past year): (M represents millions, K represents thousands)

$100K or less $100K-$500K $500K-$1M $1M-$5M $5M-$10M $10M-$16M $16M or Over

6. Number of current employees: __________ 7. Has the Business, or any officer or partner thereof, failed to complete a contract? Yes No 8. Is any litigation pending against the Business? Yes No 9. Has the Business ever been declared "not responsible" for the purpose of any governmental

agency contract award? Yes No 10. Has the Business been debarred, suspended, proposed for debarment, declared ineligible,

voluntarily excluded, or otherwise disqualified from bidding, proposing, or contracting? Yes No 11. Are there any proceedings pending relating to the Business' responsibility, debarment,

suspension, voluntary exclusion, or qualification to receive a public contract? Yes No 12. Has the government or other public entity requested or required enforcement of any of its rights

under a surety agreement on the basis of a default or in lieu of declaring the Business in default? Yes No

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P-1022206

FORM 33.253 (08/04) Page 2 of 4 Exhibit L

13. Is the Business in arrears on any contract or debt? Yes No 14. Has the Business been a defaulter, as a principal, surety, or otherwise? Yes No 15. Have liquidated damages or penalty provisions been assessed against the Business for failure to

complete work on time or for any other reason? Yes No 16. If a "yes" response is given under questions 7 through 15, please provide a detailed explanation

including dates, reference to contract information, contacts, etc. (attach additional pages as necessary).

___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

I, individually and on behalf of the business named in this Business Questionnaire, do by my signature below, certify that the information provided in this questionnaire is true and correct. I understand that any false statements or misrepresentations regarding the Business named above may result in: 1) termination of any or all contracts which DART has or may have with the Business; 2) disqualification of the Business from consideration for contracts; 3) removal of the Business from DART’s bidders’ list; or/and 4) legal action(s) applicable under federal, state, or local law. Name: ________________________________________ Title: ____________________________ Signature: _____________________________________ Date: ________________________ (Owner, CEO, President, Majority Stockholder or Designated Representative)

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P-1022206

FORM 33.253 (08/04) Page 3 of 4 Exhibit L

LIST OF REFERENCES FOR SIMILAR PROJECTS

Use additional pages as necessary. 1. Project: Date of Completion (if applicable): Contact Person: Company Name: Address: Telephone Number: Fax Number: E-mail Address:

2. Project: Date of Completion (if applicable): Contact Person: Company Name: Address: Telephone Number: Fax Number: E-mail Address:

3. Project: Date of Completion (if applicable): Contact Person: Company Name: Address: Telephone Number: Fax Number: E-mail Address:

4. Project: Date of Completion (if applicable): Contact Person: Company Name: Address: Telephone Number: Fax Number: E-mail Address:

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P-1022206

FORM 33.253 (08/04) Page 4 of 4 Exhibit L

Dallas Area Rapid Transit

AUTHORIZATION FOR RELEASE OF FINANCIAL INFORMATION This authorization will be used to obtain information to assist DART in determining a potential contractor’s financial responsibility. Your signature authorizes the release of financial information to the DART Procurement Department for this purpose. All information must be current and traceable. Each venturer of a joint venture must submit a separate signed form. This authorization form shall be submitted in accordance with the applicable provision(s) in Exhibit B, or as otherwise requested. DART reserves the right to make additional inquiries based on information submitted, or the lack thereof. Name of Bank/Financial Institution Account Number Address Account Type: e.g., Savings, Checking, Other (Identify) City, State, Zip Code Name of Bank Officer Familiar with the Account Telephone Fax Email Address Name of Business Address City State Zip Code I, individually and on behalf of the Business named above, do by my signature below, certify that the information provided is true and correct, and authorize the release of financial information for verification of financial responsibility. I understand that any false statements or misrepresentations regarding the Business named above may result in: 1) termination of any or all contracts which DART has or may have with the business; 2) disqualification of the Business from consideration for contracts; 3) removal of the Business from DART’s bidders list; or/and 4) legal action(s) applicable under federal, state or local law. Name: Title: Signature: Date: (Owner, CEO, President, Majority Stockholder, or Designated Representative)

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P-1022206

Form 33.210 (06/98) Page 1 of 3

DALLAS AREA RAPID TRANSIT DALLAS, TEXAS

EXHIBIT Q

PAYMENT BOND PRINCIPAL (Legal name and business address) Date Bond Executed:

(must be same as or later than contract date) Type Of Organization ("X" one)

Individual Partnership Joint Venture Corporation

State of Incorporation

SURETY(IES) (Name(s) and business address(es)) PENAL SUM OF BOND

$

CONTRACT DATE CONTRACT NO.

that we, the Principal and Surety(ies) hereto, are firmly bound to the Dallas Area Rapid Transit Authority (hereinafter called the Authority) and to all persons, firms, and corporations who may furnish materials for, and perform labor under the contract referred to above, in the above penal sum for the payment of which we bind ourselves, heirs, executors, administrators, and successors, jointly and severally; provided, that, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or action against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sums only as it is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

KNOW ALL MEN BY THESE PRESENTS,

whereas the Principal has entered into the contract identified above, THE CONDITION OF THIS OBLIGATION IS SUCH THAT,

if the Principal shall promptly make payment to all persons supplying labor and/or material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modification(s) to the Surety(ies) being hereby waived, then this obligation shall be void and of no effect; otherwise, it shall remain in full force and effect. This bond is given to pursuant to the provisions of V.T.C.A., Government Code, Chapter 2253, as amended, all of the requirements of which are fully incorporated by reference herein. If any legal action be filed upon this bond, venue shall lie exclusively in Dallas County, Texas.

NOW, THEREFORE,

The entity identified as the RESIDENT AGENT of the Surety is hereby designated by the Surety as the Resident Agent in Dallas County to whom any requisite notices may be delivered and, on who service of process may be had in matters arising out of such suretyship. IN WITNESS WHEREOFthe Principal and Surety(ies) have executed this payment bond and have affixed their seals on the date set forth above.

,

PRINCIPAL Signature(s) Typed Names and Titles

Corporate Seal 1. (seal)

1. 2. (seal)

2. CORPORATE SURETY(IES)

(Surety A) Name & Address

State of Incorporation

Corporate Seal Liability Limit $

1. (seal) 2. (seal) Signature(s) Name(s) & Title(s) (Typed)

1. 2.

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P-1022206

Form 33.210 (06/98) Page 2 of 3

The RESIDENT AGENT of the surety in Dallas County, Texas, for the delivery of notice and service of process is: Name: _______________________________________ Address:______________________________________________________ _________________________________________________________

CORPORATE SURETY(IES)

(Surety B) Name & Address

State of Incorporation

Corporate Seal

Liability Limit $

1. (seal) 2. (seal) Signature(s)

Name(s) & Title(s) (Typed)

1. 2. The RESIDENT AGENT of the surety in Dallas County, Texas, for the delivery of notice and service of process is: Name: _______________________________________ Address: _______________________________________________________ ___________________________________________________________ (Surety C) Name & Address

State of Incorporation

Corporate Seal

Liability Limit $

1. (seal) 2. (seal) Signature(s)

Name(s) & Title(s) (Typed)

1. 2. The RESIDENT AGENT of the surety in Dallas County, Texas, for the delivery of notice and service of process is: Name: _______________________________________ Address: _______________________________________________________ __________________________________________________________ (Surety D) Name & Address

State of Incorporation

Corporate Seal

Liability Limit $

1. (seal) 2. (seal) Signature(s)

Name(s) & Title(s) (Typed)

1. 2. The RESIDENT AGENT of the surety in Dallas County, Texas, for the delivery of notice and service of process is: Name: _______________________________________ Address: _______________________________________________________ ___________________________________________________________

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P-1022206

Form 33.210 (06/98) Page 3 of 3

INSTRUCTIONS

1. This form is authorized for use in connection with construction work or the furnishing of supplies or services. There shall be no deviation from this form without approval by the Authority. 2. The full legal name and business address of the Principal shall be inserted in the space designated "Principal" on the face of this form. The bond shall be signed by an authorized person. When such person is signing in a representative capacity (e.g., an attorney-in-fact), but is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved, a certified copy of the Power of Attorney must be attached . If the amount of the bond exceeds $100,000, the surety(ies) shall be approved for the amount of the bonds, and must hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a Treasury listed insurer, in accordance with the requirements of Article 7.19-1, Vernon's Texas Insurance Code, as amended. 3. The bond shall be executed by a corporate surety or corporate sureties duly authorized to do business in the State of Texas and licensed by the State of Texas to issue surety bonds. 4. Where more than a single corporate surety is involved, their names and addresses (City and State) shall be inserted in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of this form, only the letter identification of the Sureties shall be inserted. 5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Seal." 6. The name and title of each person signing this payment bond should be typed in the space provided.

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P-1022206

DART Form 33.254(04/04) Page 1 of 2

DALLAS AREA RAPID TRANSIT AUTHORITY DALLAS, TX

EXHIBIT V

EMPLOYEE INFORMATION REPORT

SECTION A - TYPE OF REPORT

Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX).

Single Establishment Employer Report Multi-Establishment Employer, Consolidated Report (Required) Multi-Establishment Employer, Headquarters Unit Report (Required) Multi-Establishment Employer, Individual Establishment Report (submit one for each

establishment with 50 or more employees) Multi-Establishment Employer, Special Report

Total number of reports being filed by this company (answer only if consolidated report).

SECTION B-COMPANY IDENTIFICATION (To be answered by all)

Parent Company Name & Address:

Establishment Completing Report

Name & Address (Omit if same as above)

Employer ID Number:

SECTION C - ESTABLISHMENT INFORMATION (Omit on the Consolidated Report)

1. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale plumbing supplies, title insurance, etc. Include the specific type of product or type of service provided, as well as the principal business or industrial activity.)

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P-1022206

DART Form 33.254(04/04) Page 2 of 2

SECTION D-EMPLOYMENT DATA

Employment at this establishment -- Report all permanent full-time and part-time employees including apprentices and on-the-job trainees unless specifically excluded as set form in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be considered zeros.

JOB CATEGORIES

NUMBER OF EMPLOYEES

Overall Totals

(Sum of Col. B

Thru K)

MALE

FEMALE

White (Not of

Hispanic Origin)

Black (Not of

Hispanic Origin)

Hispanic Asian or Pacific

Islander American Indian

or Alaskan Native

White (Not of

Hispanic Origin)

Black (Not of

Hispanic Origin)

Hispanic Asian or Pacific

Islander American Indian

or Alaskan Native

Officials/Managers Professionals Technicians Sales Workers Office & Clerical Craft Workers (Skilled)

Operatives (Semi-Skilled)

Laborers (Unskilled)

Service Workers TOTAL Answer if not consolidated report: Dates of Payroll Period

Used

Does the establishment employ apprentices?

SECTION E - CERTIFICATION (See Instructions concerning certification in Exhibit G)

Check One: All reports are accurate and were prepared in accordance with the instructions (check on consolidated only)

This report is accurate and was prepared in accordance with the instructions.

Name/Title of Certifying Official

Signature Date:

Contact Name

Address (Number & Street)

Title City & State

Zip Code Telephone Extension