attachment 9 project and construction management - eroom

RTD FasTracks Eagle Project

CONFIDENTIAL DELIBERATIVE PROCESS MATERIALS NEED-TO-KNOW RESTRICTED

RFP No. 18FH012 Volume II Interim Draft - August 14, 2009 Attachment 9

Attachment 9

Project and Construction Management




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CONTENTS Section Page

1. DEFINITIONS ....................................................................................................................... 1 2. PROJECT MANAGEMENT AND CONTROLS ........................................................................ 8

2.1 OVERALL MANAGEMENT PROGRAM AND ORGANIZATION ................................................. 8 2.2 CORRESPONDENCE AND DOCUMENT MANAGEMENT ......................................................... 9 2.3 MEETINGS .......................................................................................................................... 11 2.4 MONTHLY PROGRESS REPORTS ........................................................................................ 14 2.5 RECORD DOCUMENTATION AND RECORD DRAWINGS ...................................................... 15 2.6 SCHEDULE MANAGEMENT ................................................................................................ 16

3. DESIGN MANAGEMENT .................................................................................................... 23 3.1 DESIGN CONTROL .............................................................................................................. 23 3.2 CONCESSIONAIRE DESIGN REVIEW ................................................................................... 23 3.3 RTD DESIGN REVIEW ........................................................................................................ 24 3.4 CONCESSIONAIRE DESIGN SUBMITTALS PROCESS ............................................................ 24

4. CONSTRUCTION MANAGEMENT ...................................................................................... 25 4.1 CONSTRUCTION CONTROL PRINCIPLES ............................................................................. 25 4.2 CONSTRUCTION IMPACT MITIGATION ............................................................................... 25 4.3 CONSTRUCTION SITE MANAGEMENT ................................................................................ 26 4.4 ENVIRONMENTAL MITIGATION ......................................................................................... 26 4.5 CONSTRUCTION AROUND WETLANDS AND WATER RESOURCES ...................................... 27 4.6 DISCOVERY OF HISTORIC, ARCHEOLOGICAL OR PALEONTOLOGICAL RESOURCES .......... 27 4.7 DISCOVERY AND PROTECTION OF THREATENED OR ENDANGERED SPECIES .................... 27 4.8 PROTECTION OF MIGRATORY BIRDS ................................................................................. 27 4.9 NOXIOUS WEED MANAGEMENT ........................................................................................ 28 4.10 SITE RESTORATION ............................................................................................... 28 4.11 RELEASE FOR CONSTRUCTION ............................................................................. 28

5. INTEGRATION MANAGEMENT ......................................................................................... 28 5.1 INTEGRATION MANAGEMENT PRINCIPLES ........................................................................ 28 5.2 INTERFACE MANAGEMENT ................................................................................................ 29 5.3 INTEGRATION TESTING ...................................................................................................... 29

6. SYSTEM ASSURANCE ........................................................................................................ 29 6.1 SYSTEM ASSURANCE APPROACH ...................................................................................... 29 6.2 SYSTEM ASSURANCE PROGRAM PLAN – DESIGN/BUILD .................................................. 29




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6.3 RELIABILITY ANALYSIS REPORT ....................................................................................... 30 7. QUALITY MANAGEMENT ................................................................................................. 30

7.1 GENERAL ........................................................................................................................... 30 7.2 STAFFING ........................................................................................................................... 30 7.3 DESIGN PHASE ................................................................................................................... 31 7.4 CONSTRUCTION PHASE ...................................................................................................... 31 7.5 COMMISSIONING ................................................................................................................ 32 7.6 RTD QUALITY MANAGEMENT OVERSIGHT PROGRAM ..................................................... 32

8. SAFETY MANAGEMENT ................................................................................................... 33 8.1 SAFETY AND SECURITY MANAGEMENT PLAN .................................................................. 33 8.2 SYSTEM SAFETY PROGRAM PLAN ..................................................................................... 33 8.3 HAZARD MANAGEMENT .................................................................................................... 34 8.4 SAFETY AND SECURITY CERTIFICATION ........................................................................... 35 8.5 SYSTEM SECURITY PROGRAM ........................................................................................... 35 8.6 THREAT AND VULNERABILITY ANALYSIS AND RESOLUTION ........................................... 35 8.7 CONSTRUCTION SAFETY REQUIREMENTS ......................................................................... 36 8.8 SECURITY PROCEDURES .................................................................................................... 42

9. PUBLIC INFORMATION ..................................................................................................... 44 9.1 OBJECTIVES ....................................................................................................................... 44 9.2 BACKGROUND ................................................................................................................... 44 9.3 PUBLIC INFORMATION PLAN ............................................................................................. 44 9.4 PUBLIC INFORMATION TEAMS ROLES AND RESPONSIBILITIES ......................................... 46 9.5 ADDITIONAL REQUIREMENTS ............................................................................................ 50

10. FACILITIES ........................................................................................................................ 51 10.1 OFFICES AND OFFICE FACILITIES ......................................................................... 51 10.2 PROJECT VEHICLES ............................................................................................... 53


RFP No. 18FH012 Volume II Interim Draft - August 14, 2009 1 Attachment 9

1. DEFINITIONS

Unless the context requires otherwise, capitalized terms used in this Attachment 9 shall have the meanings given to them in Section 1.1 (Definitions) of the Agreement. In addition, the following capitalized terms shall have the meanings set out below:

Accident/Incident Investigation Form means an established procedure for the investigation of an unforeseen event or occurrence which causes death, injury or damage to property.

Activity means a solitary work task with specific scope, duration, and budgeted cost and resources.

Activity Codes means the codes assigned to Activities for purposes of grouping and sorting by common attributes (see Primavera Enterprise Manual).

Activity Description means a brief description of scope of each Activity in the Project Schedule (see Primavera Enterprise Manual).

Activity ID means a unique identifier for each Activity in the Project Schedule (see Primavera Enterprise Manual).

Activity Name means a unique name for each Activity in the Project Schedule (see Primavera Enterprise Manual).

As-Built Schedule has the meaning given to it in Section 2.6.3(f).

Audit means a systematic, independent review of a management system or process against a set of requirements.

Audit Records means the documentation describing the scope and results of an Audit.

CHA has the meaning given to it in Section 8.3.

CITRIX means the software application provided by RTD for remotely accessing the RTD FasTracks Schedule Database.

Concessionaire PI Liaison has the meaning given to it in Section 9.4.

Concessionaire PI Team has the meaning given to it in Section 9.4.

Configuration Management Plan means a plan which describes the processes, procedures, roles and responsibilities for management and authorization of documents which establish configuration control information, as well as how the Concessionaire will execute configuration control.

Cost Accounts (FTA) Code means the Standard Cost Categories (SCC) coding required by FTA.

Construction Management Plan has the meaning given to it in Section 4.1.



CPM means "Critical Path Methodology"; a common industry practice for planning and modeling logically deterministic project work schedules.

CPR means cardiopulmonary resuscitation.

Critical Activity means an Activity in the Project Schedule having no more than 20 Business Days or less of Float.

Critical Path Write-up means the narrative describing the basic logic flow of Activities and critical events for WBS elements which are on the Critical Path(s) of the Project Schedule.

Current Baseline Schedule has the meaning given to it in Section 2.6.3(b).

Data Date means the "Time Now" date set in the schedule to signify the end of progress (to date) period, which is also used as the base date (day 0) for calculating the forward pass of schedule data for all remaining work to complete.

DCS means the document control system described in Section 2.2.

Design Basis Manual has the meaning given to it in Section 5.8 (Concessionaire's Design Basis) of Part A (General Requirements) of Attachment 7 (Design, Construction and Rolling Stock Requirements).

Design Interface Management Plan or DIMP has the meaning given to it in Section 5.2.

Design Management Plan has the meaning given to it in Section 3.1.

Design Review means a design verification activity conducted at appropriate stages of the design, whereby design outputs are reviewed against design inputs to ensure that requirements are met, design is constructable, operable, and maintainable, and there are no conflicts with other aspects of the design.

Document Control Plan has the meaning given to it in Section 2.2.

Duration Type means the basis for calculating Activity durations in Primavera schedules (see Primavera Enterprise Manual).

Earned Value means the budgeted cost of work performed.

Evidence of Registration means, as it relates to ISO Registration, a certificate of registration provided by an accredited registrar identifying the entity to which the registration applies, the entity awarding the certificate of registration, the standard to which the registration applies, the scope of the registration, the certificate number, the effective date, the expiration date, and the registrars accreditation seal.

Executive Safety and Security Committee or ESSC has the meaning given to it in Section 2.3.5.

FasTracks PI Program has the meaning given to it in Section 9.2.

FasTracks Website means http://www.rtd-fastracks.com.



Final Hazard Log and Analysis or FHLA has the meaning given to it in Section 8.3.

Final Threat and Vulnerability Analysis or FTVA has the meaning given to it in Section 8.6.

Fire and Life Safety Committee or FLSC has the meaning given to it in Section 2.3.4.

Float means the amount of time between the early finish date and the late finish date for each and every Activity in the Project Schedule.

FTA Project and Construction Guidelines means the document developed under Federal Transit Administration (FTA) sponsorship to assist those involved in advancing transit capital projects to achieve implementation success in terms of the project scope, function, schedule, cost, and quality.

FTA System Safety and Security Requirements means any safety or security requirement contained in any FTA Safety or Security publication or rule.

Global Activity Codes means Activity Codes which apply to all projects in RTD's enterprise-wide management tools.

Global Calendar means calendar(s) which apply to all projects in RTD's enterprise-wide management tools.

Hot Work Permits means an established permit program designating areas of work which require open flame, cutting, welding, brazing, abrasive cutting and temporary heating. This permit is prepared by the Contractor performing the work and signed off for approval by the Project Safety Manager.

Initial Project Meeting has the meaning given to it in Section 2.3.1.

Inspection Records means a quality record identifying the requirements for an element of work, the work that was examined, the conformance or nonconformance thereof, the date and time of the inspection, the identification of the inspector, a certification of an authorized representative of the quality assurance entity performing the inspection, and any other relevant information related to the inspection.

Inspection Report means a formal report issued subsequent to an examination of constructed or fabricated work, which identifies conformance or nonconformance to a set of requirements.

Level of Effort Activity or LOE Activity means an Activity which spans a duration or period of continuous level of effort, as with professional services (see Primavera Enterprise Manual).

Manufacturer Certificates of Compliance means a certified document, provided by a manufacturer, attesting that the material complies with requirements that can not be verified otherwise.

Materials Safety Data Sheets or MSDS means data sheets providing information to the workers about the hazardous chemicals they are, or may be, exposed to on the jobsite. This is accomplished by labels on containers, Material Safety Data Sheets (MSDS), hazardous chemical jobsite survey, and training programs.



Materials Test Reports means a quality record identifying the requirements or standard for a construction material, the work that was tested, the results of the test, the date and time of the test, the identification of the tester, a statement as to whether the test results passed or failed, a certification of an authorized representative of the testing agency, and any other relevant information to the test.

Monthly Progress Report has the meaning given to it in Section 2.4.

Monthly Progress Schedule has the meaning given to it in Section 2.6.3(d).

Monthly Schedule Variance has the meaning given to it in Section 2.6.3(d).

Nonconformance Notice means a notification by RTD that non-fulfillment of a requirement has been observed during examination of constructed or fabricated work.

Original Baseline Schedule has the meaning given to it in Section 2.6.3.

Percent Complete Type means the basis for calculating Activity percent complete in Primavera schedules (see Primavera Enterprise Manual).

Periodic Design Review Meetings has the meaning given to it in Section 3.2.

Personal Protective Equipment or PPE means specific safety equipment designed and worn to provide protection for employees. Examples of PPE are safety glasses, reflective vests, hard hats, gloves, safety shoes, etc. and must comply with applicable OSHA standards.

PI means public information.

PI Plan has the meaning given to it in Section 9.3.

PI Program has the meaning given to it in Section 9.1.

Preliminary Hazard Log and Analysis or PHLA has the meaning given to it in Section 8.3.

Pre-Task and Job Hazard Analyses means a Pre-task Safety Planning meeting, conducted by the Concessionaire and attended by all workers at the beginning of each work shift, the purpose of which is to discuss safety and upcoming daily work activities (i.e., specific work tasks, equipment to be utilized, hazards associated with the work tasks, safety procedures, etc.).

Primavera or Primavera Enterprise means the project portfolio management cost/schedule software tool produced by Primavera Systems.

Primavera Enterprise Manual means the 'user manual' providing instructions and guidance for configuring Primavera Enterprise software.

Progress Meeting has the meaning given to it in Section 2.3.2.

Project Construction Safety Manager has the meaning given to it in Section 8.7.3.



Project Controls Request means the subject line in a formal letter to RTD's project controls manager requesting a change in the RTD FasTracks Schedule Database's global codes, dictionaries, calendars or other configuration control settings.

Project Directory has the meaning given to it in Section 2.1.2.

Project ID means a unique identifier assigned to each project in RTD's Primavera project structure (see Primavera Enterprise Manual).

Project Management Plan or PMP has the meaning given to it in Section 2.1.

Project Quality Assurance Manager has the meaning given to it in Section 7.2.

Project Records means all project information created, received and maintained as evidence and information in pursuance of legal obligations or in the transaction of business, regardless of media type. This may include data output from computer systems if a standalone document is not created by such system.

Project Schedule means each of the project schedules referred to in Section 2.6.3.

PTVA Report has the meaning given to it in Section 8.6.

QMO Database has the meaning given to it in Section 7.6(a).

Quality Assurance or QA means all of the planned and systematic activities implemented within the quality system, and demonstrated as needed, in order to provide adequate confidence that a given product will fulfill quality requirements and will satisfy given needs.

Quality Control or QC means operational techniques and activities that are used to fulfill a set of quantitatively or qualitatively stated requirements.

Quality Management Plan has the meaning given to it in Section 7.1.

Quality Management System has the meaning given to it in Section 7.1.

Quality Training Records means evidence of quality-related training detailing the scope of the training, the trainer, the date, the training participants, and results of any testing or examination, if applicable.

RBS means "Resource Breakdown Structure", a hierarchical organization of project resources (usually broken down by resource function or discipline, followed by labor, material, equipment, vendor, and so on).

Record Documents has the meaning given to it in Section 2.5.

Registered Design Professional means a professional licensed by the State of Colorado for the practice of engineering, architecture or surveying.

Recovery Schedule has the meaning given to it in Section 2.6.3(e).



Reliability Analysis Report has the meaning given to it in Section 6.3.

Resource Unit Rates means applied cost (rate) per unit of resource.

Return to Work Program means an established program to provide "light duty" or "restricted duty" work for workers who are injured on a project and cannot perform their normal daily work duties, as outlined in Section 8 of the RTD FasTracks Construction Safety Guidelines.

Revised Baseline Schedule has the meaning given to it in Section 2.6.3(c).

Revolving Owner Controlled Insurance Program or ROCIP has the meaning given to it in Attachment 12 (Insurance).

RTD FasTracks Construction Safety Guidelines means the construction safety guidelines adopted by RTD in connection with the FasTracks Plan1.

RTD FasTracks Project Controls means RTD's policies, procedures, practices and staff governing FasTracks Plan scope, schedule, budget and configuration change controls.

RTD FasTracks Schedule Database means RTD's master schedule database (Primavera Enterprise) for facilitating coordination and delivery of all FasTracks projects.

RTD FasTracks WBS Elements means work elements defined in the RTD FasTracks Schedule Database and respective controlled FasTracks master WBS.

RTD Loss Control Safety Manager means the person designated as such by RTD as notified to the Concessionaire.

RTD Offices has the meaning given to it in Section 10.1.

RTD Office Facilities has the meaning given to it in Section 10.1.

RTD On-track Safety Orientation means RTD's program for on-track safety.

RTD PI Liaison has the meaning given to it in Section 9.4.

RTD PI Team has the meaning given to it in Section 9.4.

RTD Quality Management Oversight Program means a management Activity performed by RTD, who is ultimately responsible for quality, where other organizations have been assigned Quality Assurance and Quality Control responsibilities.

Safety and Security Certification Plan means has the meaning given to it in Section 8.4.

Safety and Security Management Plan or SSMP has the meaning given to it in Section 8.1.

Safety and Security Working Group or SSWG has the meaning given to it in Section 2.3.3.

1 NOTE TO PROPOSERS: RTD's current FasTracks Construction Safety Guidelines is included in the

Reference Data as Reference Data Item No 6GCP.



Safety Open Items List or SOIL means a list of safety or security items that have yet to be resolved to an acceptable level.

Safety Program has the meaning given to it in Section 8.7.2.

Software Requirements Manual has the meaning given to it in Section 2.5(c)(1).

Stakeholder has the meaning given to it in Section 9.3(a).

Stakeholder List has the meaning given to it in Section 9.4.

Standard Cost Categories or SCC means standardized capital project cost categories used for the purpose of reporting to FTA.

Start and Finish Milestone Activities means (key) events with zero duration which occur at the beginning and end of a logical path of sequential activities, usually representing a go/stop controlling decision or delivery achievement.

Stop Work Notices means an order by the Project Quality Assurance Manager (or designee) to cease work, typically issued when production is currently producing or at risk of producing nonconforming work.

Superintendent means a designated and authorized representative of the Concessionaire, who will be responsible for overall work site activity including production, manpower, scheduling, quality control and safety.

System Assurance Program Plan – Design/Build has the meaning given to it in Section 6.

TVA has the meaning given to it in Section 8.6.

Underwriters Laboratory Inc. or UL means a U.S. based, non-profit, independent, product safety certification organization that has been testing products and writing Standards for Safety since 1894.

Vendor Quality Plans means a quality management plan submitted to the Concessionaire by one of its subcontractors or suppliers.

WBS means Work Breakdown Structure; a hierarchical breakdown of work scope by location, type and task.

WBS Pricing Form means the WBS pricing form submitted by the Concessionaire as part of the Concessionaire's Technical Proposal, and attached to Attachment 8 (Construction Payment Schedule) as Annex 1.

WBS Summary means summary information at specific hierarchical levels of the WBS.

Zero Lost Time means that after the occurrence of an accident on any Site, no workers missed any days away from work as a result of such accident.



2. PROJECT MANAGEMENT AND CONTROLS

2.1 OVERALL MANAGEMENT PROGRAM AND ORGANIZATION

The Concessionaire shall be responsible for the management of the Work, including establishing the necessary organization and procedures and providing personnel and supporting equipment and facilities.

The Concessionaire shall submit for review and approval, a plan (the Project Management Plan or PMP), which shall describe the Concessionaire's strategy for effectively managing the Eagle Project during the Design/Build Period, include the topics and requirements presented in this Attachment 9 and be consistent with FTA Project and Construction Guidelines. [CDRL]

The Concessionaire shall manage the Work in accordance with the approved Project Management Plan. The Concessionaire shall update the Project Management Plan as necessary, but not less than annually, to ensure that it remains current throughout the Design/Build Period. [CDRL]

2.1.1 Organization and Staffing

The Concessionaire shall address the following topics in the PMP:

(a) the executive structure for each phase of the Design/Build Period, including any external board of directors or management committee for the Eagle Project;

(b) how executive decisions will be made, communicated and implemented within the Concessionaire's organization;

(c) the proposed interfaces and relationships with RTD for issues such as project management, quality assurance, system safety, community relations, systems integration, security, marketing and customer relations;

(d) organization chart(s), which shall:

(i) identify participants responsible for major functions to be performed during the Design/Build Period;

(ii) show the functional structure of the organization down to the task leader level, and where possible, identify lead individuals by name;

(iii) identify Key Personnel;

(iv) be accompanied by a brief description of significant functional relationships among participants.

If significant changes to the Concessionaire's organization are planned for different phases of the Design/Build Period, the Concessionaire shall provide separate charts for each phase;



(e) the address and telephone number of the major office(s) or facilities of each firm in the Concessionaire's organization and the number of staff assigned to the Eagle Project at each of those locations. The Concessionaire shall describe the geographic location, size, role and capabilities of the office(s) assigned to the Eagle Project in Colorado.

2.1.2 Project Directory

The Concessionaire shall maintain and furnish to RTD a directory listing the names, addresses and telephone (office and cellular) numbers of the Key Personnel and critical support staff of the Concessionaire and each Material Subcontractor (the Project Directory) [CDRL]. The Concessionaire shall update the Project Directory quarterly for the duration of the Design/Build Period.

2.2 CORRESPONDENCE AND DOCUMENT MANAGEMENT

All correspondence between the Concessionaire and RTD and its representatives in respect of the Agreement shall be in compliance with Section 58 (Notices, Etc.; Language) of the Agreement and shall be serialized, and the Concessionaire shall maintain separate incoming and outgoing correspondence logs. All correspondence shall refer to the Eagle Project by name, contract name and number, along with the specific subject of the letter. All replies shall refer specifically to prior correspondence to which it relates. The Concessionaire shall also maintain a serialized log for requests for information and all submittals. The Concessionaire shall make available, when requested by RTD, copies of its logs indicating RTD's outstanding items.

The Concessionaire shall submit all details of the software application required by Table 2.2 below and all details of the platform and/or system to be used by the Concessionaire for document control (DCS) to RTD [CDRL]. The Concessionaire shall make available, when requested by RTD, evidence of backups and disaster recovery planning of the software system and any supporting backup/restore tests. The Concessionaire shall provide access to the DCS and software training for designated RTD and FTA personnel throughout the Design/Build Period, so that such personnel may have immediate and unrestricted access to Project Records.

Table 2.2

Criteria for a Document Control Application

Criteria Yes No

GENERAL REQUIREMENTS:

Is the document control software a proprietary application?

If yes, are the specifications documented?

Can the document control metadata be easily mapped to another application?

If yes, has this been tested?

Is it a retail license with application support?



Criteria Yes No

If yes, is the version current with the application support requirements?

Does the application provide version control?

Does the application allow document workflow processing – e.g., review packs and/or work packs?

SECURITY:

Does the application allow security assignments?

By user?

By role?

By group?

Does the application provide reports showing who has modified and/or deleted data and when?

Does the application allow security restrictions to be set to individual records?

If yes, explain how these records are maintained.

SCAN & IMAGE QUALITY:

Does the application capture scanned images?

Does the application import native files?

Are there any file size limitations for scanned files?

Are there any file size limitations for native files?

Are there any limitations to the type of native files?

Does the application have full-text searching?

Are all documents OCR?

If no, explain which documents are excluded?

Does the scan module have sophisticated scan settings – e.g., despeckle, descew, autorotate?

Does the application automatically remove blank sheets?



Criteria Yes No

RECORDS MANAGEMENT & DOCUMENT LIFECYCLE:

Does the application provide revision control / history?

Does the application track the lifecycle of the document?

Does the application allow records management assignment based on record / document type?

The Concessionaire shall submit the document control plan describing policy, processes and procedures to be utilized by the Concessionaire's DCS (the Document Control Plan) to RTD for RTD's review and approval [CDRL]. Subsequent to RTD’s approval of the Document Control Plan, RTD may semi-annually audit the Concessionaire’s compliance with the Document Control Plan.

2.3 MEETINGS

The Concessionaire shall convene the following meetings during the Design/Build Period:

(a) Initial Project Meeting;

(b) Progress Meetings;

(c) Project Third Party Coordination Meetings;

(d) Utility Meetings;

(e) Safety and Security Working Group Meetings;

(f) Fire/Life Safety Committee Meetings;

(g) Executive Safety and Security Committee Meetings;

(h) Safety and Security Management Plan Committee(s) Meetings; and

(i) Periodic Design Review Meetings.

RTD may require the Concessionaire to attend any other meetings necessary to facilitate the progress of the Work, and shall provide reasonable advance written notice of all such meetings. The Concessionaire shall attend such meetings, as required by RTD. RTD and the Concessionaire may mutually agree to modify, add or change the meeting requirements in this Section 2.3.



2.3.1 Initial Project Meeting

The Concessionaire shall schedule and invite RTD to attend an initial meeting (the Initial Project Meeting) as soon as practicable after the Effective Date. The agenda for the Initial Project Meeting shall include at least the following items:

(a) Project Schedule;

(b) Quality Assurance;

(c) safety and security;

(d) DBE and SBE participation plan;

(e) the plan for submittals of Contract Data in the first 60 days following the Effective Date; and

(f) mobilization status.

The Concessionaire shall prepare and distribute copies of minutes to the attendees. Attendees shall have five Business Days to submit comments or additions to minutes. Once any reasonable comments received within five Business Days have been incorporated by the Concessionaire, such minutes shall constitute the results of the meeting and will be part of the Project Records.

2.3.2 Progress Meetings

The Concessionaire shall schedule and hold a meeting (a Progress Meeting) with RTD no less than once per month throughout the Design/Build Period. The Concessionaire shall prepare and distribute copies of minutes to the attendees. The Concessionaire and RTD's Representative (or designee) shall mutually agree to the meeting structure, agenda, and meeting frequency.

2.3.3 Project Third Party Coordination Meetings

The Concessionaire shall schedule and hold meetings with Project Third Parties at RTD’s request. RTD shall have the right to attend any and all Project Third Party Coordination Meetings. The Concessionaire shall prepare and distribute copies of minutes prepared in relation to such meetings to RTD and to all attendees. 2.3.4 Utility Meetings

The Concessionaire shall schedule and hold a meeting with Utility Owners no less than once per month throughout the Design/Build Period. The Concessionaire shall prepare and distribute copies of minutes to the attendees. The Concessionaire and RTD's Representative (or designee) shall mutually agree to the meeting structure, agenda and meeting frequency. 2.3.5 Safety and Security Working Group Meetings

The Concessionaire shall initiate and maintain a separate working group (a Safety and Security Working Group or SSWG) for each of the Commuter Rail Projects, the CRMF and the DUS Rail Segment, including representatives of the Design/Build Contractor and RTD. Each SSWG shall



meet for the first time within 90 days of Effective Date and continue through construction, integrated testing and revenue service until open items (certifiable items, Safety Open Items List (SOIL) items) have been mitigated to an acceptable conclusion.

The Concessionaire shall chair each SSWG, maintain meeting minutes and distribute meeting schedules and notifications. The chairman of each SSWG shall provide updates on the Safety and Security Certification Plan, the PHLA (and subsequently the FHLA), SOIL, as well as progress on identified issues relating to system safety and security. An RTD system safety and security representative will be a full time member of the SSWG. The SSWG shall convene no less than every two months, more often if meeting agenda items (action items) or design and construction items warrant.

2.3.6 Fire/Life Safety Committee Meetings

The Concessionaire shall initiate and maintain a separate working group (a Fire/Life Safety Committee or FLSC) for each of the Commuter Rail Projects, the CRMF and the DUS Rail Segment, including representatives of the Concessionaire, the Design/Build Contractor, community emergency first responders and RTD. The FLSC shall meet for the first time within 90 days of the Effective Date and continue through construction, integrated testing and revenue service until all open items raised by the FLSC and first responders have been mitigated to an acceptable conclusion.

The Concessionaire shall chair the FLSC, maintain meeting minutes and distribute meeting schedules and notifications. The chair of the FLSC shall provide updates to emergency first responder concerns through design updates and status. An RTD system safety and security representative will be a full time member of the FLSC. The FLSC shall convene no less than every three months, more often if meeting agenda items (action items) or design and construction items warrant.

The Concessionaire, through the FLSC, shall coordinate emergency first responder drills to help familiarize the first responder community with the operational characteristics of the Eagle Project during an emergency. The drill coordination process will be a joint effort consisting of members from the Concessionaire, RTD and the emergency first responder community. The Concessionaire, in consultation with the FLSC, shall produce an emergency evacuation plan and diagrams for each Commuter Rail Project, including each station, identifying primary and secondary evacuation routes and points of safety, emergency exits points along the right of way and other details the FLSC deems appropriate. Additionally, the Concessionaire shall develop emergency preparedness documents required by the FRA. [CDRL]

2.3.7 Executive Safety and Security Committee Meetings

The Concessionaire shall initiate and maintain a separate working group (an Executive Safety and Security Committee or ESSC) including representatives of the Design/Build Contractor and RTD. The ESSC shall function as the safety and security authority for Concessionaire for the Eagle Project. The ESSC shall have the following authority and responsibilities:

(a) to set and implement safety and security policies;

(b) to review and approve rules and procedures pertaining to safety and security;



(c) to ensure safety and security goals and objectives are achieved;

(d) to ensure that the Eagle Project meets established safety and security criteria;

(e) to monitor, review, and approve final safety and security certification/acceptance of major project components; and

(f) to assure the implementation of the Concessionaire's System Safety Program Plan, System Security Plan, and the Safety and Security Management Plan.

The ESSC shall recommend actions for safety and security and shall have final decision-making authority regarding safety and security issues. The ESSC shall also serve as the Concessionaire's authority on configuration management, safety and security certification processes and activation of major project components. The Concessionaire shall chair the ESSC, maintain meeting minutes and distribute meeting schedules and notifications. An RTD system safety and security representative will be a full time member of the ESSC. The ESSC shall convene no less than every two months, more often if meeting agenda items (action items) or design and construction items warrant.

2.3.8 Safety and Security Management Plan Committee(s) Meetings

The Concessionaire shall initiate and maintain any specific committees required by the Safety and Security Management Plan in accordance with the FTA Final Circular, August 1, 2007 or any later version and any FTA System Safety and Security Requirements for specific committees. The Concessionaire shall prepare and distribute copies of minutes to the attendees.

2.3.9 Periodic Design Review Meetings

Refer to Section 3.2 for details.

2.4 MONTHLY PROGRESS REPORTS

On or before the fifth day of each month, the Concessionaire shall prepare and submit to RTD a report detailing the progress of the Work (a Monthly Progress Report), containing the following information (as applicable) [CDRL]:

(a) Executive summary;

(b) a Monthly Schedule Variance and Critical Path Write-up;

(c) Relief Events, Force Majeure Events and Changes (if any);

(d) cash flow payment curve;

(e) forecast of future Construction Payment requests over the next six months;

(f) updated time impact evaluation highlighting revisions;

(g) updated WBS highlighting revisions;



(h) status of Concessionaire's action items resulting from previous Progress Meetings;

(i) Activities planned for the next month;

(j) identification of Quality Assurance issues (updated status log of non-conformances and corrective actins, including those identified by both the Concessionaire and RTD);

(k) design, construction and manufacturing critical issues;

(l) status of identified hazardous items;

(m) status of inspections, testing and acceptance Activities;

(n) prints of digital progress photographs;

(o) DBE and SBE status including DBE and SBE work done as a percentage of the total cost of the ACP Qualifying Work (in the case of DBEs ) or MCP Qualifying Work (in the case of SBEs);

(p) releases of liens from Subcontractors;

(q) status of the Contract Data Requirements as specified in Attachment 6 (Contract Data Requirements List);

(r) status of third party submittals, negotiations, permits and approvals.

Additionally, the Concessionaire shall provide to RTD promptly upon request any further documents or reports as may be required by RTD for the purposes of RTD's compliance with the all FTA requirements for periodic reporting.

2.5 RECORD DOCUMENTATION AND RECORD DRAWINGS

The configuration of final design, assembly, construction, hardware and software of the Eagle Project shall be documented in detailed drawings, as-builts, reports, calculations, specifications, schedules, notes and other descriptive material as specified herein (the Record Documents). The Concessionaire shall submit for review and approval by RTD, a Configuration Management Plan [CDRL]. The Eagle Project configuration, including applicable subsystems and equipment, shall be base-lined and change-controlled in accordance with the procedures and process established in the Configuration Management Plan. The Record Documents shall be signed and sealed (where required by Colorado law and other Applicable Requirements) by the Concessionaire's Registered Design Professional to certify that they show complete and exact as-built conditions, stating dimensions, sizes, kinds of materials and similar matters. (a) Record Documents. During the Design/Build Period the Concessionaire shall keep

complete and accurate Record Documents, including field and manufacturing plant records of changes or deviations from the Design, Construction and Rolling Stock Requirements, the Concessionaire's subsystem and equipment procurement



specifications, the Concessionaire Design Submittals and any comments thereon by RTD, the Project Third Parties, or any Relevant Authority, right of way maps, the Concessionaire's approved construction, manufacturing, equipment assembly, and as-built drawings, and similar documents, indicating the Work as actually constructed, fabricated and installed. This set of Record Documents shall be kept (in hard copy or .pdf electronic file format, and native electronic file format) at the Concessionaire's offices, manufacturing plant and job site during fabrication/construction. RTD shall have access to the Record Documents immediately upon request.

(b) Mark-up procedure. During the Design/Build Period, the Concessionaire shall maintain a black-line set of Record Documents, with a mark-up of actual Work that varies substantially from any previous Concessionaire Design Submittal relating to such part of the Work. The Concessionaire shall mark whatever document is most capable of showing the actual condition, fully and accurately. Mark-ups shall include important additional information that was either shown schematically or omitted from original drawings. Particular attention shall be given to information on Work canceled, which would be difficult to identify or measure and record at a later date. The Concessionaire shall note version numbers, change order numbers and similar methods of identification.

(c) Software documentation

(i) The Concessionaire shall submit to RTD for review a manual (a Software Requirements Manual) indicating its proposed methods and procedures for software documentation [CDRL].

(ii) For software unique to the Eagle Project, the Record Documents shall include, as a minimum, all of the information necessary to make revisions in the software program applications for the Eagle Project for changes and/or expansions or extension of the Eagle Project, such as functional, performance and interface requirements; descriptions of the supervisory, control, and operating software; source listings code; flow charts; configuration control documentation; and programmer and user manuals incorporating appropriate modification and control procedures, including the name of any Subcontractors if employed for preparation of this software.

(iii) For any software used in the Eagle Project which constitutes Third Party Material, the Record Documents shall include all of the documentation that is available from the supplier of such software, together with one reproducible master and two copies of programmer and user manuals and other similar material, and a complete and fully documented listing of all such software programs (one electronic copy).

2.6 SCHEDULE MANAGEMENT

The Project Schedules set out in this Section 2.6 shall represent a practical plan to complete the Work for the Design/Build Period by the Revenue Service Target Dates, and no later than the Revenue Service Deadline Date. The Project Schedules shall show the planned execution of the Work in accordance with the Agreement. The Concessionaire shall develop and update the Project Schedules in coordination with the Design/Build Contractor, RTD, Utility Owners,



Project Third Parties, governmental personnel, third party transit oriented developers, engineers, architects, and material suppliers.

All Project Schedules which will update or revise the current RTD FasTracks Schedule Database shall be submitted for review, acceptance and/or approval by RTD in accordance with the CDRL. Review and approval by RTD of the Project Schedules does not imply, warrant, acknowledge or admit the reasonableness of the logic, durations, cost and resource loading of these Project Schedules or constitute any waiver by RTD of any of its rights under the Agreement.

2.6.1 Schedule and Term Definitions

(a) Schedule and Software Requirements

The Work shall be planned and scheduled using Primavera's latest enterprise software (Primavera Enterprise). Version control of the software will be maintained by RTD and will not be changed unless directed by RTD. The Concessionaire shall be provided with five Primavera licenses to access the RTD FasTracks Schedule Database.

Upon entry into the Agreement, RTD shall grant the Concessionaire access to the RTD FasTracks Schedule Database, through a CITRIX interface. All schedule updates and modifications will be performed by the Concessionaire in the RTD FasTracks Schedule Database.

(b) General Scheduling Constraints

The Concessionaire shall implement the RTD FasTracks WBS Elements in the Project Schedules for the design and construction of the Eagle Project. The RTD FasTracks WBS Elements shall not be changed for any reason unless directed or approved by RTD.

(c) Activity IDs and Descriptions

The Concessionaire shall ensure that the Activity Descriptions shall begin with an action verb so as to address direction to assigned Activity resource(s). The only exception to this requirement shall be applied to any activities set as either Level of Effort (LOE) Activities or WBS Summary. Activity Descriptions shall also begin with an action verb as well (i.e. Start, Begin, Finish, Complete, Submit, and Receive).

Each Activity ID for a specific Activity Name created in any Project Schedule, shall remain unchanged and connected to its original Activity Name throughout the Design/Build Period. The Concessionaire shall identify each Activity in accordance with this nomenclature. An Activity's name may only be changed to clarify an Activity's scope. The scope or purpose of an Activity in any previously accepted or approved schedule shall not be materially changed without the approval of RTD.

(d) General Activity Settings

Activity Type settings in Primavera have a direct effect on the results of earned progress (Earned Value) calculations. Therefore, the Concessionaire must comply with the following configurations in Primavera:



The Concessionaire may use any of the Activity Type settings available for the purposes of building their schedule (with minimal use of LOE Activities and WBS types). Duration Type settings may also be used at the discretion of the Concessionaire. However, the Concessionaire must set the Percent Complete Type to "Physical" for all activities (if Steps are used on Activities in the project and the project level settings are set to "Activity percent complete based on Activity steps"; then the Start and Finish Milestone Activities must be set to "Duration" Percent Complete Type). This will require a physical entry for all LOE Activities and WBS Summary Activities.

(e) Activity Calendars

Custom calendars (designating work/non-work periods) shall be created and maintained by the Concessionaire at the project level for each Project Schedule in Primavera. The Concessionaire shall not have access to RTD's Global Calendars. Calendars shall be created using the following naming convention: Project ID, followed by a dash (-) and then Concessionaire's discretion (e.g., Calendar name = 'EC0001-5 day workweek').

(f) Durations and Constraints

In general, no Activity (other than LOE Activities) within the Concessionaire's schedule shall have a duration exceeding 60 calendar days without the prior approval of RTD.

RTD shall require Activities (other than LOE Activities) containing a duration greater than 30 calendar days to contain no less than two steps within the Activity to demonstrate scope decomposition and granular progress reporting.

The only constraints permitted to be included in the Project Schedules are contractual deadline ("latest completion") dates for interim delivery milestones or key interface milestones with other elements of the FasTracks Plan2. There shall be no intermediate start or completion constraints for other elements of the Work, which will be CPM driven.

(g) Activity Codes

Any Activity Codes created by the Concessionaire must be applied at the project level (not at the RTD enterprise-wide or enterprise project structure level (see Primavera Enterprise Manual)). RTD shall establish standard project and Global Activity Codes, which will be provided to the Concessionaire 30 days after the Effective Date. The Concessionaire shall assign values to each project, Activity and resource assignment for RTD's use. These Activity Codes shall be maintained by the Concessionaire throughout the Design/Build Period.

2 NOTE TO PROPOSERS: RTD is in the process of identifying any interfaces with the construction of

other elements of the FasTracks Plan that may result in requirements for the Concessionaire to meet interim milestones. Any such interim milestones will be communicated to Proposers in Addenda prior to the Final Proposal Due Date.



Activity Codes that are not specified by RTD shall be created using the following naming convention: Project ID, followed by a dash (-) and then Concessionaire's discretion (e.g., EC0404-xxxxxxxxx).

(h) Resource, Role and Cost Account Settings/Attributes

The Concessionaire shall use the "Role" dictionary as defined by RTD. By default, none of these "Roles" shall carry rates as the "Roles" will be used by all RTD contractors (globally). These "Roles" may not be modified in any way without prior approval from RTD. If the Concessionaire deems it necessary to add a "Role", they must first seek approval from RTD.

A Cost Accounts (FTA) Code will be assigned to each resource per the direction of RTD.

Major material quantities shall be tracked in Primavera. These resources shall be added as material resources beneath the Concessionaire's top RBS node (the exact branch level may be determined by the Concessionaire). All units of measurement that can be applied to material resources will be controlled by RTD's project controls team for the FasTracks Plan. If the Concessionaire finds it necessary to add a unit of measure to the database, a request should be made to RTD, identified as a Project Controls Request.

The Concessionaire must load all Activities with estimated units on resources (which have associated unit rates identified in the resource dictionary to calculate the cost). Standard Roles will also be assigned by the Concessionaire to each resource (construction discipline). The Concessionaire shall input Resource Unit Rates with two decimals.

The Concessionaire shall add resources under a Concessionaire's top RBS node approved by RTD.

2.6.2 Critical Path Method Requirements

(a) Network Logic

With the exception of the Effective Date and the end of the Design/Build Period, all Activities must have at least one predecessor and one successor, unless otherwise approved by RTD. The use of lag within logic ties is permitted, but lag may not be used as a means of artificially forcing a Critical Activity by eroding Float. No negative lags are permitted.

If any logic is changed after approval of the Original Baseline Schedule, a narrative for each affected Activity must accompany the Monthly Progress Schedule stating the reason the logic changed and the benefit to RTD.

After receipt of such justification and supporting evidence, RTD shall review the facts and advise the Concessionaire in writing of RTD's decision.



(b) Schedule Output Format

The Concessionaire shall submit Project Schedules, charts, graphs, and monthly reports, and write-ups in an electronic format specified by RTD in accordance with the CDRL. A Primavera .XER file type is the current monthly file format.

The Concessionaire shall also submit paper copies of Project Schedules in a format and quantity specified by RTD.

2.6.3 Project Schedules

The following schedules shall comprise the Project Schedules: (a) Original Baseline Schedule

The Original Baseline Schedule is the proposed schedule for all capital projects that includes detailed Activities describing the Work at the approved WBS level. These Activities shall contain quantities and costs that will roll up to the top level of the Eagle Project and reflect the total quantities and costs in accordance with the WBS Pricing Form. This will be the basis for measurement of earned value percent complete and for projected cash flow.

The Concessionaire must submit the Original Baseline Schedule to for RTD review and approval [CDRL].

(b) Current Baseline Schedule

The Current Baseline Schedule is the Original Baseline Schedule or the most recently approved Revised Baseline Schedule including executed cost and schedule changes from approved Changes and Work Orders that have been incorporated.

(c) Revised Baseline Schedule

The Revised Baseline Schedule is a schedule submitted by the Concessionaire on October 1 of each year and otherwise at RTD's request [CDRL], showing actual progress to date. The Concessionaire shall reflect the planned execution of the Work for the remainder of the Design/Build Period in such schedule together with a re-spread of the remaining resources to represent the estimate to complete the Work. The Revised Baseline Schedule shall include approved Changes and work orders and the approved time impacts of Relief Events and Force Majeure Events (if any).



(d) Monthly Progress Schedule

The Original Baseline Schedule or the Revised Baseline Schedule (if one has been approved) shall be used by the Concessionaire to establish a schedule that shall be updated every month to show the actual progress of Work and the earned value of Work accomplished, including approved Changes and Work Orders (the Monthly Progress Schedule). The Data Date used for calculating the Monthly Progress Schedule shall be the first day of the following month at 12:00 AM (i.e., progress through March shall have a Data Date of April 1 at 12:00 AM). A draft Monthly Progress Schedule, curves, charts and graphs shall be submitted by the Concessionaire to RTD by the fifth day of the month following the month to which such draft Monthly Progress Schedule relates [CDRL]. RTD shall review, and as necessary comment on, earned progress and actual start and finish dates within 10 days of receipt of each draft Monthly Progress Schedule. If RTD has not provided any comments by the tenth calendar day following receipt of any draft Monthly Progress Schedule, such draft Monthly Progress Schedule shall be deemed to have been accepted by RTD. Any RTD comments will be reviewed and resolved by the Parties at the relevant Progress Meeting. RTD shall not approve any Monthly Construction Payment until all comments raised on the Monthly Progress Schedule relating to such Monthly Construction Payment are resolved. Within five calendar days of any such Progress Meeting, the Concessionaire shall submit a final Monthly Progress Schedule, containing any amendments agreed at any such meeting, to RTD for verification. The RTD accepted final Monthly Progress Schedule will be used as supporting basis for the Earned Value Construction Payments under Attachment 8 (Construction Payments).

The Concessionaire shall provide RTD with performance curves for both labor and material resources at the same time as the Monthly Progress Schedule showing period and cumulative performance and histograms for earned resources versus planned resources, hours and material quantities, by month, by role, for resource and resource code for material quantity. These resource charts shall include the Design/Build Contractor's and the Design/Build Contractor's Material Subcontractors' estimated manpower and quantities, by role or resource code from the Effective Date through to the end of the Design/Build Period. The resource loading charts shall be in the form of a histogram and shall include a legend for each role showing the number of persons in each position (planned, actual, and estimate to complete) for each monthly period of contract performance. Actual units and dollars shall be reported by the Concessionaire at the project level.

An overall project S-curve (cumulative profile curve depicting the total project cost over time) shall also be prepared by the Concessionaire showing the original baseline plan (for both early and late planned schedule dates), actual to date, earned to date and forecast to complete and shall be provided by the Concessionaire to RTD at the same time as the Monthly Progress Schedule.

The Concessionaire shall reflect actual start and actual completion dates in the Monthly Progress Schedule. If the Concessionaire proposes to change or correct any actual dates



in any following month, the Concessionaire shall provide a narrative explanation to RTD, with a request for RTD's permission to change such dates prior to making changes or corrections.

The Concessionaire shall include a Monthly Schedule Variance and Critical Path Write-up in the Monthly Progress Report with columns showing the schedule dates for the immediate prior month and for the current month and a column with the schedule variance of the past month, with a written explanation about any item that changes by 20 or more work days from the prior month schedule dates. The reasons for these schedule slippages or improvements must be explained. The Critical Path Activities must be addressed as to the status of any changes to the Critical Path(s), why such changes have occurred, and a corrective action plan.

(e) Recovery Schedule

If RTD considers that the Monthly Progress Schedule fails to reflect the actual plan and method of operation or any projected Revenue Service Commencement Date or Final Completion Date is behind the date as indicated by the Monthly Progress Schedule, RTD may require the Concessionaire to submit a Recovery Schedule for completion of the remaining Work by the Revenue Service Deadline Date [CDRL].

(f) As-Built Schedule

The last Monthly Progress Schedule submitted shall be identified by the Concessionaire as the As-Built Schedule. The As-Built Schedule shall reflect the exact manner in which the Work was actually executed (including actual start and completion dates, Activities, actual durations, sequences, resources, roles, and logic), and shall be signed and certified by the Concessionaire's project director or senior executive and the Concessionaire's scheduler as being a true reflection of the way in which the Work was actually executed at the time of Final Completion. The Concessionaire shall submit the certified As-Built Schedule as a condition to the Final Completion Date [CDRL].

(g) Float

Consistent with Sections 38 (Relief Events) and 39 (Force Majeure) of the Agreement, Float shall be for the benefit of both Parties and not for the exclusive benefit of the Concessionaire. Float shall be used by each Party on a first-come first-served basis.

The goal for the Original Baseline Schedule and Revised Baseline Schedules is to not contain more than 20% Critical Activities. If this goal is not met, RTD may request a Recovery Schedule. Each Critical Activity shall have pure logical sequence or resource constraints as a basis for determining Float. No artificial or arbitrary date constraints or lags may be applied to any schedule Activities to drive a critical path or use/reduce Float.



3. DESIGN MANAGEMENT

3.1 DESIGN CONTROL

The Concessionaire shall develop and maintain a plan (the Design Management Plan) showing how design responsibility is shared amongst team members and how it will be coordinated and integrated. [CDRL]

The Design Management Plan shall clearly identify the manner of Concessionaire oversight and third party design reviews, and shall be appropriately cross referenced to the Quality Management Plan, the Project Management Plan, the Design Review Schedule and the Design Interface Management Plan. Each version of the Design Management Plan shall be submitted to RTD.

The Concessionaire shall establish and maintain documented procedures to control and verify the design portion of the Work. The Concessionaire shall ensure that designs are fully integrated and that Concessionaire Design Submittals are prepared in accordance with the Current Baseline Schedule and in compliance with this Attachment 9 and this Agreement. Additionally, the Concessionaire shall establish procedures for the identification, documentation, review, and approval of design changes prior to or during construction.

The Concessionaire shall determine the quantity and content of design documentation and submittals that are necessary to be produced by the Design/Build Contractor(s) and Subcontractors and submitted to the Concessionaire for third party review, (i.e. review by a party that is independent from the designer) and interdisciplinary review during Periodic Design Review Meetings (as defined in Section 3.2) in addition to the Concessionaire Design Submittals to be submitted to RTD as specified in this Agreement and in Attachment 6 (Contract Data Requirements List).

The Concessionaire shall provide for independent review of design submittals consistent with the requirements of ISO 9000 and the Quality Management Plan. RTD will carry out design oversight and will review Concessionaire Design Submittals as detailed in Section 19 (RTD Review) of the Agreement and Attachment 6 (Contract Data Requirements List).

3.2 Concessionaire Design Review

At appropriate stages of the Design/Build Period, the Concessionaire shall plan and conduct formal documented reviews of the design and related issues described below (Periodic Design Review Meetings). Periodic Design Review Meetings shall be performed at project, system, and subsystem levels, as appropriate, to verify and demonstrate: (a) safety for construction, operation and maintenance;

(b) compliance with the relevant codes, specifications and the Agreement;

(c) fitness for purpose, fulfilling the necessary operational functionality and performance; and

(d) integration and interfacing within the Work and to external elements.



The Concessionaire shall develop, submit to RTD and maintain a schedule for carrying out Periodic Design Review Meetings that defines the scope and timing of the Periodic Design Review Meetings. [CDRL] Dates for Periodic Design Review Meetings shall subsequently be incorporated into the Current Baseline Schedule. The Concessionaire shall ensure the participation at Periodic Design Review Meetings of representatives of all necessary functions, disciplines and parties concerned with the element of review and the stage being reviewed. Those representatives responsible for integration, system safety, quality, construction and operations, as well as qualified representatives from the third party design review function are required to attend all Periodic Design Review Meetings. RTD reserves the right to attend and participate in any and all Periodic Design Review Meetings, and shall receive agendas and notices regarding such meetings. The Concessionaire shall submit the agenda and subject matter specific progress review documents, which at a minimum shall include those design documents specifically identified for such reviews in Attachment 7 (Design, Construction and Rolling Stock Requirements), to RTD detailing the design elements to be addressed at least 10 days in advance of each Periodic Design Review Meeting. [CDRL] Within 15 days after the date of each Periodic Design Review Meeting, the Concessionaire shall submit minutes thereof to RTD detailing all issues raised during the Periodic Design Review Meeting, and their resolution, or ongoing status. [CDRL]

3.3 RTD Design Review

RTD may, at any time throughout the Design/Build Period, carry out design reviews of the Concessionaire, its Project Contractors and Subcontractors, as deemed necessary by RTD in order to verify compliance with the Agreement. Such design reviews will generally cover overall system performance, integration, construction and operation issues, resolution of stakeholder concerns and commitments, and detail design issues in so far as they have not been satisfactorily addressed in Periodic Design Review Meetings and are therefore considered necessary by RTD. The Concessionaire shall provide the documentation and personnel participation reasonably requested by RTD to enable these RTD design reviews to be carried out. The Concessionaire shall, within 15 days of the date of each RTD design review meeting, submit to RTD for review and approval, minutes thereof detailing all issues raised during the audit, and their resolution, or ongoing status. [CDRL]

3.4 Concessionaire Design Submittals Process

Concessionaire Design Submittals shall be submitted for RTD review, as specified in Part 6 of the Agreement and Attachment 6 (Contract Data Requirements List).

The Concessionaire is responsible for the completion of all design elements of the Work, including the timely distribution of Concessionaire Design Submittals to RTD and appropriate Project Third Parties, together with confirmation of acceptance by the third-party reviewer.

Should the Concessionaire fail to demonstrate to RTD's satisfaction that any Concessionaire Design Submittal satisfies the requirements of the Agreement, or fail to demonstrate that it has fulfilled its review and approval responsibilities, RTD may require the Concessionaire to revise



and/or supplement and resubmit the relevant Concessionaire Design Submittal until such level of satisfaction is achieved. RTD may ask the Concessionaire to provide copies of any design or construction documents, prepared by or in the possession of the Concessionaire or its Project Contractors which may assist in its understanding and confidence in Concessionaire Design Submittals and the Concessionaire shall provide such documents promptly.

The Concessionaire shall ensure that all final design documentation is sealed by a Registered Design Professional.

4. CONSTRUCTION MANAGEMENT

4.1 Construction Control Principles

The Concessionaire shall submit a plan (the Construction Management Plan) [CDRL] to establish and maintain documented procedures for construction sites that are consistent with the quality management, construction management and construction safety requirements defined in this Attachment 9 and in Attachment 7 (Design, Construction and Rolling Stock Requirements). Such procedures shall be consistent with all applicable Environmental Requirements, and minimize the adverse impact on the community during the Design/Build Period.

The Concessionaire's construction approach shall comply with the requirements of this Section 4 and shall include development of, and compliance with, such plans and procedures, including those identified below.

4.2 CONSTRUCTION IMPACT MITIGATION

The Concessionaire shall, for each Site or segment of a Site, prepare a plan (the Construction Mitigation Plan or CMP) that specifies public communications, and construction means and methods to reduce or mitigate the inconveniences of construction such as noise, dust, visual blight, construction traffic and preservation of access to homes, businesses, and community facilities. [CDRL]

The Concessionaire shall implement, and shall procure that the Design/Build Contractor implements, the Construction Mitigation Plan throughout the Design/Build Period. The Concessionaire and the Design/Build Contractor shall work cooperatively with RTD and local communities and businesses to ensure that temporary access is provided during normal business hours, wherever possible, and that traffic maintenance plans are developed to maintain access and circulation. Clear signage and directions shall be provided for alternate access routes.

Where construction activities require closure of trails, adequate trail detours shall be provided, with advanced notice and signage prior to commencement of construction. Where trails are open below bridge construction, the Concessionaire shall provide temporary overhead safety structures.



4.3 CONSTRUCTION SITE MANAGEMENT

The Concessionaire shall manage each Site in accordance with the Concessionaire's construction site management procedures. The Concessionaire shall employ best management practices for site management that, as a minimum, meet the following requirements: (a) Construction material staging areas shall be fenced and screened.

(b) Water or wetting agents shall be used to manage dust from temporary excavated materials, and a binding agent shall be used for long-term excavated materials.

(c) Wind barriers and wind screens shall be installed to minimize the spreading of dust in areas where large areas of materials are stored.

(d) The Concessionaire shall comply with all local noise ordinances or shall seek the appropriate waivers.

(e) Wheel wash stations and/or large-diameter cobble aprons at egress/ingress areas shall be used to minimize dirt being tracked onto public streets.

(f) Where dirt is tracked onto streets, vacuum-powered street sweepers shall be used for clean-up within a reasonable timeframe.

(g) Dump trucks leaving the site shall be covered.

(h) Construction-related traffic shall comply with all local ordinances and permit requirements and shall, to the maximum extent possible, be routed along roadways that will cause the least disturbance to residents.

(i) Diesel-powered construction equipment shall be run on fuel mixes as required by U.S. Environmental Protection Agency regulations.

(j) The Concessionaire shall also develop and implement a stormwater pollution prevention plan. [CDRL]

4.4 ENVIRONMENTAL MITIGATION

The Concessionaire shall perform all necessary environmental mitigation and remediation actions. This shall include implementing environmental mitigation measures required by the Environmental Requirements and performing remediation, abatement and clean-up activities required at the Sites. The Concessionaire may, at its own risk but subject to RTD's prior approval (not to be reasonably withheld or delayed) elect to develop designs that deviate from the Environmental Requirements. In this case, the Concessionaire shall be responsible for obtaining all permits and approvals required for variations to the applicable Environmental Requirements. The Concessionaire shall not be entitled to a Relief Event in respect of any delays and/or cost consequences resulting from any such deviation from the Environmental Requirements.



4.5 CONSTRUCTION AROUND WETLANDS AND WATER RESOURCES

The Concessionaire shall employ erosion and sedimentation control best management practices to protect water quality in streams, in accordance with municipal and state regulations, and following the practices recommended in the Urban Storm Drainage Criteria Manual, Volume 33 published by the Urban Drainage and Flood Control District for the Denver metropolitan area.

The Concessionaire shall place temporary fencing and sediment control measures to protect existing wetlands that are located outside the planned area of disturbance. During construction, the Concessionaire shall limit vehicle operation to the designated construction area and fence the limits of the construction area where they are adjacent to sensitive habitats including riparian areas, wetlands, and upland trees and shrubs.

When practicable, the Concessionaire will conduct construction operations in waterways during low-flow or dry periods. The Concessionaire shall not implement any equipment staging, storage of materials, use of chemicals (such as soil stabilizers, dust inhibitors, and fertilizers), or equipment refueling within 50 feet of wetlands or other water features.

The Concessionaire shall prepare and implement project-specific temporary and permanent water quality plans and stormwater management plans. [CDRL] The Concessionaire shall develop and, if necessary, implement in a timely manner, a spill, prevention, control, and countermeasure plan. [CDRL]

4.6 DISCOVERY OF HISTORIC, ARCHEOLOGICAL OR PALEONTOLOGICAL RESOURCES

In the event that historic, archeological or paleontological resources are discovered during construction, the Concessionaire shall cease activity in the area and notify RTD of the discovery.

4.7 DISCOVERY AND PROTECTION OF THREATENED OR ENDANGERED SPECIES

In the event that previously unidentified threatened or endangered species of plant or animal, as defined by the Endangered Species Act (16 U.S.C. 1531 - 1544) and Title 33, C.R.S., Article II, Nongame and Endangered Species Conservation, are discovered during construction, the Concessionaire shall cease activity in the area and notify RTD and the US Fish and Wildlife Service of the discovery. Work shall not recommence until authorized by the US Fish and Wildlife Service.

4.8 PROTECTION OF MIGRATORY BIRDS

Raptor nest surveys shall be conducted annually during an appropriate season (generally May 1 through June 1) to determine the presence of active raptor nests. If an active nest is located, season buffers shall be established and coordinated with the Colorado Division of Wildlife to prevent disturbance to nesting birds during construction.

3 NOTE TO PROPOSERS: This manual is available for download on the UDFCD website at

http://www.udfcd.org/downloads/down_critmanual.htm.



Survey and protection of migratory birds shall be performed as required by the Migratory Bird Treaty Act (16 U.S.C. 703-711); 50 CFR Parts 10, 13, 14, 20, 21; and C.R.S.-33-02 – Nongame and Endangered Species Conservation.

4.9 NOXIOUS WEED MANAGEMENT

The Concessionaire shall comply with state laws and regulations regarding noxious weed management.

4.10 4.10 DIA SOLAR FACILITY

The Concessionaire shall comply with the construction plan agreed to by RTD and MMA Renewable Ventures, LLC related to impacts on the solar facility at Denver International Airport

4.11 SITE RESTORATION

After completion of construction at each Site, the Concessionaire shall restore ground surfaces outside of the trackway to their original condition, and replace any vegetation removed during the construction process with like-kind vegetation. The Concessionaire shall seed areas of temporary disturbance with an appropriate mixture of native grasses and forbs and plant shrubs where appropriate. Restoration of disturbed riparian habitats shall include seeding native grasses, forbs, and shrubs, and planting native trees and shrubs.

4.12 RELEASE FOR CONSTRUCTION

The Concessionaire shall ensure that no construction Work is undertaken without design plans that have been formally approved and marked "Released for Construction" by a Registered Design Professional.

5. INTEGRATION MANAGEMENT

5.1 INTEGRATION MANAGEMENT PRINCIPLES

The Concessionaire shall establish and maintain a systematic, documented, comprehensive, and verifiable system integration process throughout the Design/Build Period. This process shall ensure that interfaces and interaction between infrastructure, facilities, subsystems, software, and operating and maintenance personnel have been identified and engineered to function together as a system.

The Concessionaire's system integration process shall:

(a) systematically identify and formally document all design and construction interfaces between elements of the Commuter Rail Network (including personnel) and the project and external systems, other facilities, traffic, drainage, utilities and neighbors likely to affect or be affected by the Commuter Rail Network elements;



(b) provide a mechanism, and assign project responsibility, for interface management and control, such that every identified interface has a defined resolution process which can be monitored;

(c) define methods to confirm compatibility between project elements, and carry out integration tests to demonstrate that every element functions and performs properly, both individually and as part of the complete network;

(d) ensure that on-time performance, availability, and safety requirements are addressed in the design process and that the reliability and maintainability of all project elements will enable service performance and safety criteria to be met; and

(e) be suitable for independent audit.

5.2 INTERFACE MANAGEMENT

The Concessionaire shall prepare and submit for review and approval, a plan (the Design Interface Management Plan or DIMP), which defines how the Concessionaire will systematically identify and document technical interfaces, and how the DIMP shall be used as a management tool for the resolution of all technical interfaces, and as such, shall be regularly updated as technical interfaces are identified, progressed and resolved. [CDRL] The DIMP shall be consistent with the Design Management Plan and the Quality Management Plan.

5.3 INTEGRATION TESTING

The Concessionaire shall develop and perform a program of integration testing to demonstrate the correct operation and performance of subsystems and systems together, including necessary testing of the entire Commuter Rail Network to demonstrate the readiness for revenue service of the system and the operating and maintenance personnel. Specific requirements for such testing are defined in Part D (Verification and Demonstration) of Attachment 7 (Design, Construction and Rolling Stock Requirements).

6. SYSTEM ASSURANCE

6.1 SYSTEM ASSURANCE APPROACH

The Concessionaire shall perform the Work in a manner that enables operation and maintenance of the Commuter Rail Network with consistently high levels of safety, reliability and availability. Measures shall be implemented throughout the Design/Build Period to ensure focus on this requirement is maintained and reflected in the performance of the Work.

6.2 SYSTEM ASSURANCE PROGRAM PLAN – DESIGN/BUILD

The Concessionaire shall prepare and submit to RTD a plan (the System Assurance Program Plan – Design/Build) that documents its proposed methodology for ensuring appropriate system assurance activities by the Concessionaire and its Project Contractors. This shall include principles focused on tracking back from service availability performance requirements, into the setting of reliability targets for assets, systems, subsystems, assemblies and components. [CDRL] The System Assurance Program Plan – Design/Build shall be consistent with the Quality Management Plan.



6.3 RELIABILITY ANALYSIS REPORT

The Concessionaire shall prepare and submit to RTD a report (the Reliability Analysis Report) that establishes goals for each of the major project elements to support the overall system performance measures defined in Attachment 10 (O&M Specifications). [CDRL]

The Reliability Analysis Report shall include mean time between failures (MTBF), mean mileage between failures (MMBF), and mean time to restore (MTTR), as appropriate, for each of the major subsystems of the Work. The report shall be maintained throughout the Design/Build Period and, to the extent possible, validated during the performance demonstration period defined in Part D (Verification and Demonstration) of Attachment 7 (Design, Construction and Rolling Stock Requirements).

7. QUALITY MANAGEMENT

7.1 GENERAL

The Concessionaire shall be responsible for all quality management, quality assurance and quality control of the Work. The Concessionaire shall develop and implement a quality management system for the Design/Build Period based on RTD's Quality Assurance Program Plan4 and the international quality standard ANSI/ISO/ASQ Q9001-2008 (or latest revision), Quality Management Systems – Requirements (the Quality Management System). This Quality Management System shall be documented in a plan (the Quality Management Plan) [CDRL], which shall be submitted to RTD for approval. The approved Quality Management Plan shall be implemented across the Concessionaire's organization, to include Design/Build Contractor and Subcontractors. Evidence of compliance to ANSI/ISO/ASQ Q9001-2008 shall be further documented through registration by an accredited registrar within twelve months of the Effective Date. The Concessionaire shall maintain ISO ANSI/ISO/ASQ Q9001-2008 registration until the last Final Completion Date. Evidence of Registration shall be submitted to RTD.

7.2 STAFFING

The Concessionaire shall ensure that quality is achieved and maintained by those responsible for performing the Work, and quality is verified by persons or organizations not directly responsible for such performance.

Quality Assurance shall be managed by a representative of the Concessionaire (the Project Quality Assurance Manager). The Project Quality Assurance Manager shall be considered Key Personnel, and shall serve in this capacity subject to RTD's approval. The Project Quality Assurance Manager shall be supported by such staff as is necessary to provide independent verification of compliance with the Design, Construction and Rolling Stock Requirements throughout the Design/Build Period. Inspectors and technicians engaged in the inspection and/or testing of the Work shall be qualified in accordance with ASTM E329. Records of personnel qualifications for inspectors and technicians shall be maintained as quality records, subject to audit by RTD.

4 NOTE TO PROPOSERS: RTD's current Quality Assurance Manual is included in the Reference Data

as Reference Data Item No 3MP.



7.3 DESIGN PHASE

The Concessionaire shall be responsible for performing and documenting all required design quality control activities necessary to control the design development. Technical checking of design outputs (reports, calculations, plans, etc.) against the required design inputs described in the Design Basis Manual shall be accomplished by persons with equal (or higher) qualifications to that of the designer, independent from the design of the Work being checked. Technical checking procedures and records shall be described in the Quality Management Plan. Records shall be maintained and available for RTD review upon request.

At scheduled intervals, the Concessionaire shall perform and document Design Reviews, including but not limited to interdisciplinary review, constructability review, quality assurance records review, and owner reviews. The Quality Management Plan shall describe each type of review, as well as the process and records generated for comment resolution. Design Reviews shall be included in the Current Baseline Schedule, as described in Section 3.

7.4 CONSTRUCTION PHASE

The Quality Management Plan, including inspection procedures and records, shall extend to all permanent and temporary Work.

The Concessionaire shall be responsible for ensuring performance and documentation of construction quality control activities necessary to control the production of the Work. The Quality Management Plan shall include and describe templates of forms, reports, records, etc. that are to be generated for quality control purposes.

The Concessionaire shall be responsible for performing and documenting construction quality assurance activities necessary to verify that the Work is being performed with appropriate quality control, consistent with the requirements of the Agreement. The Quality Management Plan shall include and describe templates of forms, reports, records, etc. that are to be generated for quality assurance purposes.

The Quality Management Plan shall include a detailed inspection and test plan identifying the types and frequency of all inspection and testing that will be performed to document the quality of the Work. Frequency of testing shall be consistent with the Colorado Department of Transportation Field Materials Manual.5

The Concessionaire shall establish and implement procedures to control nonconforming Work to ensure that nonconforming Work is not inadvertently used or installed. The use or repair of nonconforming work requires the approval of the Concessionaire, RTD and the designer of record.

The Concessionaire shall electronically input copies of quality assurance/quality control records into RTD's quality records database within seven days of final approval by the individual designated by the Concessionaire as "quality manager" (or his authorized designee) [CDRL], including Manufacturer Certificates of Compliance, Inspection Records, Materials Test Reports,

5 NOTE TO PROPOSERS: Proposers should refer to the most current edition in effect when preparing

their Quality Management Plan.



Audit Records, Nonconformance Records, Corrective and Preventive Action Records, Stop Work Notices, Vendor Quality Plans, and Quality Training Records. Materials Test Reports shall also require that certain data fields be input, depending on the type of test. RTD shall provide access to RTD's quality records database via a secure internet link. Input of quality records may be accomplished either through direct entry or through the establishment of an automatic file transfer protocol from the Concessionaire’s own records control system. RTD will provide user accounts and training on the application at its own cost.

Materials testing laboratories shall be properly accredited in accordance with ASTM E329.

7.5 COMMISSIONING

The Concessionaire shall document procedures for final verification and commissioning of the Work. The Quality Management Plan shall describe procedures for verification of integrated testing, system safety critical items, non-conformances, and punch lists prior to opening a facility to the public or final commissioning. Additional detail is provided in Part D (Verification and Demonstration) of Attachment 7 (Design, Construction and Rolling Stock Requirements).

7.6 RTD QUALITY MANAGEMENT OVERSIGHT PROGRAM

As part of RTD's Quality Management Oversight Program, RTD shall conduct assessments to determine the extent to which the Work meets the requirements of the Agreement. These assessments are not intended to replace the Concessionaire's own quality assurance/quality control activities. Assessments include the following:

(a) Design Reviews. RTD shall review Concessionaire Design Submittals for compliance with the requirements. RTD shall forward all design review comments to the Concessionaire through the RTD Quality Management Oversight database (QMO Database), a secure web-based application. The Concessionaire shall respond to RTD's comments through the QMO Database. RTD shall provide the Concessionaire with user accounts and training for this purpose.

(b) Construction Verification Inspections. On a sampling basis, RTD shall conduct verification inspections of the constructed Work to determine the extent to which it meets RTD requirements. RTD shall forward all Inspection Reports and Nonconformance Notices, if applicable, to the Concessionaire through the QMO Database. The Concessionaire shall respond to RTD's Nonconformance Notices through the QMO Database.

(c) Owner's Materials Verification Testing. On a sampling basis, RTD shall conduct verification testing of construction materials to determine overall compliance with RTD specification requirements, and to validate the Concessionaire's testing program. Notification of completed Work and access to the jobsite for the purposes of testing shall be provided by the Concessionaire. Results of RTD verification testing shall be stored in RTD's Quality Records Database. RTD will not test the Work for compliance; but will conduct split sampling in order to validate the Concessionaire's test program.



(d) Management Audits. RTD shall conduct periodic audits of the Concessionaire's management programs, such as Quality Assurance, Safety, Environmental Management, Public Involvement, etc. RTD audits shall be conducted in accordance with ISO 19011:2002, Guidelines for Quality and Environmental Management Systems Auditing. At the conclusion of each audit, RTD shall transmit and audit report to the Concessionaire summarizing the audit findings.

(e) Corrective Action Requests. If systemic noncompliances are identified through audits, or any of RTD's quality oversight processes described in this section, RTD may require a written corrective action plan and response from the Concessionaire, which shall identify the root cause of such noncompliance and the corrective action to be taken by the Concessionaire within 21 days of notification from RTD [CDRL]. The Concessionaire shall implement the corrective action plan and RTD shall verify that the corrective action has been effectively implemented prior to closure.

8. SAFETY MANAGEMENT

System safety and security design elements shall be integral to the design and construction of the Commuter Rail Network, and shall meet or exceed safety and security related codes, standards, and regulations promulgated by local, State and Federal authorities. Safety of Passengers, workers and the public shall be of primary importance.

The Concessionaire shall develop appropriate system safety and security requirements and shall ensure that its employees, Project Contractors and Subcontractors implement those requirements. The Concessionaire shall regularly (not less than annually) update the safety and security plans defined in the following sections. The Concessionaire shall also coordinate, as needed, with RTD regarding the coordination of commuter rail system safety and security measures with the rest of RTD's operating system.

8.1 SAFETY AND SECURITY MANAGEMENT PLAN

The Concessionaire shall prepare a plan (a Safety and Security Management Plan or SSMP) in accordance with FTA Circular 5800.1: Safety and Security Management Guidelines for Major Capital Projects. [CDRL]

8.2 SYSTEM SAFETY PROGRAM PLAN

The Concessionaire shall prepare and submit to RTD a plan (the System Safety Program Plan or SSPP) that identifies the Concessionaire's safety management approach during all stages of the Design/Build Period. The SSPP shall be based on the American Public Transportation Association's Manual for the Development of Rail Transit System Safety Program Plans for Commuter Railroads, FRA requirements and USDOD MIL-STD 882D. [CDRL]

The Concessionaire shall update and submit the SSPP to RTD regularly (not less than annually) throughout the Design/Build Period so that it accurately reflects the status of the Work at all times. [CDRL]

The SSPP shall describe the Concessionaire's organization of, and the individuals responsible for, safety tasks, and the internal safety audit process. The SSPP shall identify processes for safety documentation configuration, hazard identification and resolution, safety and security



certification of the Eagle Project's safety and security certifiable elements, procedures for planning emergency response (including drills and simulations), methods and processes for accident/incident investigation and reporting, internal and external safety audits, and a program for inspection of fire/life safety equipment.

The SSPP is subject to FTA and FRA review and concurrence prior to authorization for operation.

8.3 HAZARD MANAGEMENT

The Concessionaire shall develop and implement a process (the Hazard Identification Analysis and Resolution Process) [CDRL], which shall be consistent with FTA's Hazard Analysis Guidelines for Transit Projects Report #DOT-FTA-MA-26-5005-00-01, FRA's Collision Hazard Analysis Guide: Commuter and Intercity Passenger Rail Service and FRA's Approach to Managing Gap Safety. During the Design/Build Period, this process shall be used to minimize or eliminate potential hazards, support early hazard identification, integrate safe operating procedures into system design and service, and provide for constant and continuous safety evaluation and assessment.

The Concessionaire shall prepare a hazard log and a preliminary hazard analysis (the Preliminary Hazard Log and Analysis or PHLA) [CDRL] for each major Eagle Project element, including each Commuter Rail Project, the CRMF, the DUS Rail Segment and the Rolling Stock. The PHLA (and subsequent FHLA) shall incorporate a collision hazard analysis (a CHA) and gap safety analysis.

Subsequent to performing the initial hazard analysis, the Concessionaire shall identify and implement resolution or mitigation factors to reduce the classification of identified hazards and reclassify identified hazards considering the recommended resolution. The PHLA shall be regularly updated to track mitigation progress. In resolving, eliminating, and/or mitigating the identified hazards, the Concessionaire shall utilize the following system safety precedents:

(a) design for minimum risk

(b) incorporate safety devices

(c) provide warning devices

(d) develop procedures and training

Prior to completion of the final design the Concessionaire shall prepare a finalized version of the PHLA (the Final Hazard Log and Analysis or FHLA). The Concessionaire shall ensure that all recommendations and hazard mitigation measures are incorporated into the final design and procedures. [CDRL]

The FHLA and CHA are subject to FTA and FRA review and concurrence prior to issuance of the relevant Revenue Service Commencement Certificate.



8.4 SAFETY AND SECURITY CERTIFICATION

The Concessionaire shall prepare and implement a plan (the Safety and Security Certification Plan or SSCP) that describes the Concessionaire's plans for verifying that all the Eagle Project elements are satisfactorily completed and result in a Commuter Rail Network that is safe for public conveyance. The Concessionaire is responsible for ensuring that the necessary elements requiring certification are addressed. The Concessionaire shall be comply with the FTA's Handbook for Transit Safety and Security Certification Report # FTA-MA-90-5006-02-01 in the development of the SSCP. [CDRL]

RTD will audit the Concessionaire's compliance with, and progress against the Safety and Security Certification Plan periodically throughout the Design/Build Period.

8.5 SYSTEM SECURITY PROGRAM

The Concessionaire shall prepare and implement a plan (the System Security Plan) that identifies the approach to threat and vulnerability management of the system, consistent with FTA's Transit Security Design Consideration Report #FTA-TR1-MA-26-7085-05. During the Design/Build Period, the System Security Plan shall include documentation of efforts to minimize or eliminate potential security risks affecting both patrons and assets including the incorporation of Crime Prevention through Environmental Design. The Concessionaire shall update and submit the System Security Plan to RTD annually, or more regularly as necessary to reflect significant project developments. [CDRL]

The System Security Plan shall identify the security approach (consistent with RTD's overall approach to security that includes physical patrol, video surveillance, and emergency telephones) during the Design/Build Period. The Concessionaire shall provide security for the system to include:

(a) reporting all crimes committed on the system immediately to RTD Security, and summoning assistance when needed;

(b) ensuring that all employees receive adequate training in security awareness, emergency preparedness and management, first aid, fire prevention, and responding to security matters and incidents;

(c) coordinating with local emergency services and RTD Security in cases of accidents involving members of the public;

(d) staffing the CRMF site with uniformed security guards on a 24-hour basis, once major equipment and Rolling Stock is being stored at the facility;

(e) providing security for all other system assets and construction sites; and

(f) security systems including video surveillance and emergency telephones.

8.6 THREAT AND VULNERABILITY ANALYSIS AND RESOLUTION

The Concessionaire shall incorporate a threat and vulnerability analysis (a TVA) and resolution process [CDRL] into its design approach, to establish that security systems include satisfactory



provision for the detection, deterrence, and response to malevolent acts in the planning, design and operation of the Commuter Rail Network. The Concessionaire shall utilize the following system security process:

(a) design the system to eliminate risk;

(b) design the system to control the risk;

(c) add safety or security devices to control the risk;

(d) add warning devices to control the risk; and

(e) institute special procedures or training to control the risk.

TVA activities shall begin at the Effective Date and continue throughout the Design/Build Period. A preliminary threat and vulnerability analysis report (the PTVA Report) shall be completed for each major Eagle Project element, including each Commuter Rail Project, the CRMF, the DUS Rail Segment and the Rolling Stock. [CDRL] Updates of these activities shall be submitted to RTD and shall be subsequently updated at intervals throughout the Design/Build Period.

Prior to completion of the final design, the Concessionaire shall prepare a finalized version of the PTVA (the Final Threat and Vulnerability Analysis or FTVA). The Concessionaire shall ensure that all recommendations and hazard mitigation measures are incorporated into the final design and procedures. [CDRL]

The FTVA is subject to FTA and FRA review and approval prior to issuance of the relevant Revenue Service Commencement Certificate. The Concessionaire shall submit the FTVA to RTD on demand and RTD shall submit the FTVA to FTA and FRA for review and approval.

8.7 CONSTRUCTION SAFETY REQUIREMENTS

8.7.1 Summary

The requirements of this Section 8.7 shall apply to the Concessionaire, the Design/Build Contractor and all Design/Build Subcontractors. The Concessionaire shall use best efforts to achieve RTD's safety goal of Zero Lost Time on all of its construction projects.

By law, employers are required to make every attempt to provide a safe workplace for their workers. RTD is committed to protecting the health and safety of its employees and all those performing work on the Sites. The Concessionaire shall demonstrate the same commitment, and shall ensure that the Design/Build Contractor and the Design/Build Subcontractors and their respective employees also demonstrate the same commitment.

The Concessionaire shall provide and develop a safe and healthy work environment during the Design/Build Period. The Concessionaire shall develop its own security means and measures while still maintaining full responsibility for the security of the Work.

The Concessionaire shall perform the Work in strict accordance and comply with the following:



(a) the Agreement;

(b) the Safety Program;

(c) the RTD FasTracks Construction Safety Guidelines;

(d) "The 6ft Fall Protection Program" set out in the RTD FasTracks Construction Safety Guidelines;

(e) the Concessionaire's substance abuse and drug testing program;

(f) the Return to Work Program;

(g) all requirements of Section 34 (Insurance) of this Agreement and Attachment 12 (Insurance), including the Rolling Owner Controlled Insurance Program safety guidelines, policies and procedures; and

(h) the Concessionaire's project safety handbook and guidelines.

8.7.2 Safety Program

The Concessionaire shall establish, maintain and implement a written safety program (the Safety Program) [CDRL] conforming to the requirements of the RTD FasTracks Construction Safety Guidelines. The Safety Program shall be submitted to RTD for review prior to starting construction Work.

At a minimum, the Safety Program shall include established policies, safety documents, distribution, and recording procedures and shall include general and specific safety guidelines for each trade and shall be adhered to by the Concessionaire, the Design/Build Contractor and all Design/Build Subcontractors. The Safety Program shall include the following standard practices:

(a) a training program for instructing personnel to recognize and avoid unsafe conditions and to apply good safety and health practices, including proper work attire and Personal Protective Equipment (PPE);

(b) a program to enforce the proper use of PPE in accordance to Federal OSHA regulations, applicable state and local laws, and the ROCIP safety requirements (hard hats, safety glasses, steel toe work boots, reflective vest, long pants and short sleeve shirts, at a minimum);

(c) an orientation and training program for instructing all visitors and personnel having access to the site to recognize and avoid unsafe conditions along with applying good safety and health practices and requirements for the acknowledgement and signing of waiver release forms by visitors;

(d) a system to communicate revisions in safety regulations, policies and procedures to all personnel and shall submit ongoing documents to both RTD and all governing agencies as required;



(e) procedures that provide a means to ensure communication and distribution of rules, regulations, procedures, and policies;

(f) a system to ensure continuous compliance with established safety policies, procedures, rules, codes, regulations, and safety or security related policies and standards;

(g) guidelines that provide authority for safety personnel to stop the Concessionaire's operations in the event of non-compliance to policies or procedures by either the Concessionaire, Project Contractors, Subcontractors, visitors or suppliers;

(h) a formal procedure for issuing Safety Violations Notices to persons or the Concessionaire, Design/Build Contractor and Subcontractors, if found to be in violation of established regulations, inspection or maintenance procedures while working onsite;

(i) safety violation documents issued to the responsible party that indicate hazards, conditions, and reasons for non-compliance to the established policy, rules, procedures or regulations. The documents must also establish necessary actions to correct the violation and establish follow-up procedures to immediately eliminate the hazard or violation; and

(j) comprehensive procedures and policies which establish guidelines for communication and rapid medical response in the event of any accident or emergency situations.

The Concessionaire shall not commence construction Work prior to receipt of RTD's acceptance and approval of the Safety Program.

Acceptance by RTD of the Safety Program shall not constitute a waiver by RTD of its rights under Section 35.1 (Concessionaire Indemnity) of the Agreement, and the Concessionaire shall remain liable for all and any loss, damage and/or Claims arising from a failure of the Safety Program to adequately address the standard practices set out in paragraphs (a) to (j) above. Acceptance by RTD of the Safety Program shall not relieve the Concessionaire of any other responsibilities under the Agreement, or applicable local, State or Federal safety statutes and regulations.

8.7.3 Concessionaire Construction Safety Manager

The Concessionaire shall designate a safety manager (the Project Construction Safety Manager) as outlined in the RTD FasTracks Construction Safety Guidelines. The Project Construction Safety Manager will be responsible for performing and controlling the overall jobsite safety for the Concessionaire and personnel performing the Work.

8.7.4 General Safety Requirements

The Concessionaire shall obtain and maintain current copies of all safety codes on each Site for the duration of the Design/Build Period. The Concessionaire shall maintain and post required notices, Federal, State and local, as required. The Concessionaire shall maintain and post a list of current local emergency numbers: Fire, Police, Ambulance, Hospital, Rescue, Security and Safety.

The Concessionaire is responsible for monitoring and ensuring that mandatory documentation is posted at each Construction Site. The Concessionaire shall display a copy of applicable Material



Safety Data Sheets, emergency phone numbers, all written safety rules and the applicable Federal and State Labor Law posters at each Construction Site. The Concessionaire and its personnel shall post signage where conspicuous to workers and visitors to indicate the Concessionaire's name and phone numbers.

RTD has the right to monitor the Concessionaire's operations for safety performance, workmanship, security and protection of operations, work progress, housekeeping, and compliance to design specifications. It is standard practice that RTD work through the Concessionaire's supervision and not directly with the Concessionaire's employee. However, actions that jeopardize personnel safety, company property, or security, may be dealt with directly by RTD and can result in disciplinary action up to and including termination of the Agreement.

8.7.5 Drug Testing

The Concessionaire shall participate in the employee substance abuse and drug testing program set out in Section 46 of the RTD FasTracks Safety Guidelines and the ROCIP safety requirements. The Concessionaire shall be responsible for all costs associated with such drug testing in relation to the Eagle Project.

8.7.6 Safety Precautions

The Concessionaire shall, at its sole cost, protect and guard the Work and shall be responsible for planning, initiating, maintaining, supervising, and enforcing all measures, procedures, precautions, and programs for the greatest safety and protection of the Work, for any and all persons, and for any and all property in accordance with applicable Federal, State, and local laws, rules, regulations and codes, including those requirements of the RTD FasTracks Construction Safety Guidelines. The Concessionaire shall be responsible for the safety of the Concessionaire's personnel.

By way of illustration, and not by way of limitation, the Concessionaire shall, as applicable to its division of Work and at its sole cost:

(a) use Reasonable Efforts to guard, secure, and protect the Work, equipment and materials, whether incorporated into the Work or in storage on or off the site, against damages;

(b) place and maintain barricades, lights, warning signs, and any and all other protective devices necessary for the prevention of injuries and damages and for the protection of the Work, persons and property;

(c) comply with applicable laws, ordinances, rules, regulations, and orders of any public authority and codes relative to protection and safety of the Work, persons and property. Comply with all railroad safety regulations and requirements;

(d) use Reasonable Efforts to protect, prevent and guard against injuries, damages, losses, or delays, due to, or contributed to, by weather;

(e) provide the means, procedures and equipment; prevent or control water from entering of collecting on site; lawfully dispose of water in such a manner as to cause no damage or injury to any portion of the Work or to other property of RTD or to adjoining properties;



(f) provide construction ladders, ramps, walkways, stairs and access, in accordance with applicable safety regulations;

(g) assure that all persons on the construction site wear required PPE, which at a minimum shall include hardhats, orange vests, eye protection and steel toed safety boots, at all times;

(h) take appropriate precautions against the risk of fire;

(i) permit no fires to be built in or about any part of the construction site;

(j) use only heating devices operating on electricity or fuel oil and bearing the appropriate Underwriters Laboratory label; continuously supervise the use of such devices; and prohibit the use of stoves, salamanders, tar pots or any other liquid petroleum, gas, gasoline, coal, or wood-burning devices;

(k) prohibit the storage of and promptly remove all rubbish, debris, waste lumber or other flammable material from the site;

(l) notify the Project Safety Manager before performing any cutting, welding, or hot work operations for the first time and prohibit any such operations objected to by the Project Safety Manager;

(m) place tanks for gas, welding, or cutting work at such distance from the Work as is necessary for safety and securely fasten and maintain them in an upright position. Such tanks shall be stored away from any combustible material and free from exposure to the rays of the sun and high temperatures;

(n) prohibit the storage and preparation of paint, varnish, gasoline, volatile substances, or other matter having low flash points on the job site, except in accordance with applicable safety procedures and fire codes; and

(o) prohibit the use or storage of explosive devices on or near the job site.

By way of further illustration and not by way of limitation, the Concessionaire shall:

(a) provide and maintain at its sole cost, adequate protection for all adjacent properties, whether or not utilized by the Concessionaire, which may be affected by the Work;

(b) all public ways within or adjacent to the job site maintain in such condition that they may be used freely and safely by the public.

8.7.7 Non-Compliance

RTD may order the Concessionaire either verbally, followed by written notification, or in writing, to suspend, delay or stop all work immediately in the event of Concessionaire's noncompliance with safety codes and regulations. The Concessionaire shall bear all costs and expenses incurred as a result of such work interruptions.



RTD shall notify the Concessionaire of any noncompliance with any Health Safety and Security Requirements and of the need for corrective action. The Nonconformance Notice, when delivered to the Concessionaire, shall be deemed sufficient notice of the noncompliance and need for corrective action. Such Nonconformance Notice may be given verbally followed by written notification.

After receipt of the Nonconformance Notice, the Concessionaire shall immediately take corrective action. If the Concessionaire fails or refuses to take corrective action promptly, RTD may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. The Concessionaire shall not be entitled to claim a Relief Event in respect of any stop order issued under these circumstances.

8.7.8 Emergencies

In the event of any emergency affecting the safety of persons or property, the Concessionaire shall act at its discretion to prevent damage, injury or loss. The Concessionaire shall include an outline of the emergency response as part of the Concessionaire's safety program and jobsite safety orientation.

8.7.9 Accident Reports

The Concessionaire shall provide a written report to RTD of any and all accidents and incidents whatsoever arising out of, or in connection with the performance of the Work, whether on or adjacent to a Site, which causes death, personal injury or property damage. The Concessionaire shall notify RTD of any such accident in accordance with the RTD FasTracks Construction Safety Guidelines. The written report shall be furnished to RTD within 24 hours of the occurrence.

8.7.10 Return to Work Program

RTD requires all contractors to provide traditional modified or light work duty to keep workers gainfully employed during the recovery process.

As a condition of the project safety program, all are required to participate in the Eagle Project Return to Work Program. All contractors are required to make every effort to return injured workers back to work, as soon as possible through modified or light work duty. Work tasks shall meet the work restrictions set by the primary treating care physician.

In order to comply, the Concessionaire shall meet the following conditions:

(a) the Concessionaire and the Design/Build Contractor and all Design/Build Subcontractors must comply with the Return to Work Program;

(b) should any injury occur and the primary health care provider allows modified light work duty, the Concessionaire shall evaluate overall work tasks available and assign the injured worker to those tasks, to accommodate the outlined work restrictions;

(c) if Work is not available on the Sites, then work may be performed off the Sites (such as the company warehouse/yard or office); and



(d) the Concessionaire shall assist in identifying reasonable modified duty tasks.

8.7.11 Restoration of Property

The Concessionaire shall restore all property which may be disturbed in the execution of the Work to its former condition and to the reasonable satisfaction of any property owners or any governmental authority affected thereby.

8.7.12 Working Conditions

The Concessionaire shall perform all Work under this Agreement under conditions that comply with the requirements and standards specified by the Williams-Steiger Occupational Safety and Health Act of 1970, 29 U.S.C. §651, et seq., Public Law 91-596, as well as other applicable Federal, State, and local laws.

The Concessionaire shall not require any laborer or mechanic to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the U.S. Secretary of Labor.

8.8 SECURITY PROCEDURES

8.8.1 Summary, submit to RTD for review and approval

The Concessionaire is responsible for providing and developing a secure work environment during the performance of the Work. The Concessionaire shall develop its own security means and measures while still maintaining full responsibility for the security of the Work throughout the Design/Build Period. The Concessionaire shall prepare and implement a plan (the Security Management Plan) [CDRL].

The Security Management Plan shall describe the manner in which the Concessionaire shall:

(a) assure protection of the public;

(b) secure the construction areas;

(c) prevent theft of site property, material and equipment;

(d) lock all gang boxes and secure tools and equipment;

(e) prevent vandalism and graffiti;

(f) choose an effective method for fencing and signage, for each site;

(g) decide what additional signage may be required (i.e., NO TRESPASSING);

(h) arrange for employee and visitor parking;

(i) maintain visitor log, visitor training and liability sign off;



(j) ensure availability for 24hr access for emergency and response personnel;

(k) secure site and all entrances for a site emergency;

(l) monitor winter heating equipment;

(m) establish an effective method for key control for site access;

(n) create a contact list for key project personnel and emergency contacts;

(o) list specific guard duties such as check points and site areas that require monitoring; and

(p) establish a reporting procedure for questionable activity.

8.8.2 Security Precautions

The Concessionaire shall protect and guard the Work and shall be responsible for planning, initiating, maintaining, supervising, and enforcing all measures, procedures, precautions, and programs for the protection of the Work, for any and all persons, and for any and all property in accordance with applicable Federal, State, and local laws, rules, regulations and codes, including those requirements of RTD. The Concessionaire shall be responsible for the security of the Concessionaire's personnel.

The Concessionaire shall:

(a) use Reasonable Efforts to guard, secure, and protect the Work, all equipment and all materials, whether incorporated into the Work or in storage on or off the site, against damages;

(b) place and maintain barricades, lights, warning signs, and any and all other protective devices necessary for the prevention of injuries and damages and for the protection of the Work, persons and property;

(c) comply with all Applicable Requirements and the orders of any Relevant Authority and codes relating to protection of the Work, persons and property and all railroad safety regulations and requirements; and

(d) provide and maintain adequate protection for all adjacent properties, whether or not utilized by the Concessionaire, which may be affected by the Work.

8.8.3 Restoration of Property

The Concessionaire shall restore all property which may be disturbed in the execution of the Work to its former condition and to the reasonable satisfaction of any property owners or any governmental authority affected thereby.



9. PUBLIC INFORMATION

9.1 OBJECTIVES

During the Design/Build Period, the Concessionaire shall develop and implement a program (the PI Program) to maintain a comprehensive, reliable and responsive communications program that contributes to a high level of understanding and trust from the public in the FasTracks Plan.

9.2 BACKGROUND

The FasTracks PI Program was developed to establish and maintain a high level of communication and outreach to various Stakeholders throughout the FasTracks Plan. The PI and communications function is an essential part of keeping communities connected and engaged throughout the FasTracks Plan process, and of identifying and resolving issues and concerns. As the FasTracks Plan evolves, the public's participation evolves as well. During the planning phase, the PI Program provides an opportunity for the public to provide input, then as the program moves into the construction phase and on into operation, the PI Program is designed to inform and educate the public. The goal is to establish a PI Program that honors the public desire for participation and information while ensuring that the Eagle Project moves forward on schedule.

The RTD PI Team and Concessionaire PI Team will work collaboratively at all times to provide Stakeholders and the public with clear information.

9.3 PUBLIC INFORMATION PLAN

The Concessionaire shall develop and implement a plan (the PI Plan) [CDRL] outlining the various strategies and activities that will be utilized to keep the public and key Stakeholders informed and engaged in the Eagle Project. The Concessionaire shall submit the PI Plan to RTD for review and approval. The PI Plan shall follow the structure established in RTD's FasTracks Strategic Public Information and Involvement Plan6 including:

(a) Public and Stakeholder Outreach. A program focused on connecting with various communities and Stakeholders to provide information and create an informed, educated public. Stakeholders include:

(i) Local elected officials;

(ii) City and County staff;

(iii) Colorado Department of Transportation (CDOT);

(iv) Residents;

(v) Commuters;

(vi) DIA;

6 NOTE TO PROPOSERS: RTD's current FasTracks Strategic Public Information and Involvement

Plan is included in the Reference Data as Reference Data Item No 3GCP.



(vii) FTA;

(viii) FAA;

(ix) the Project Third Parties;

(x) the trucking industry;

(xi) Emergency response agencies (including relevant fire districts, police departments, county sheriffs and state patrols);

(xii) Neighborhood associations;

(xiii) Businesses;

(A) Small businesses; and

(B) Large employers;

(xiv) Delivery and courier services;

(xv) Property owners;

(xvi) Non-profit organizations;

(xvii) Chambers of Commerce;

(xviii) News and community media outlets;

(xix) Service and community organizations;

(xx) Professional associations;

(xxi) Minority organizations;

(xxii) School districts;

(xxiii) Environmental Protection Agency (EPA); and

(xxiv) Resource agencies, (e.g., SHPO, CDPHA, Army Corps of Engineers, USFW, etc.).

(b) Government Relations. A program focused on establishing and maintaining positive relationships with government stakeholders and partners.

(c) Media Relations. A program focused on establishing and maintaining positive relationships with the following types of media organizations - trade, community, local, regional and national.



(d) Issues Management. A formalized communication management process for anticipating and coordinating strategic action with regard to emerging issues and concerns related to the Eagle Project and its stakeholders.

(e) Crisis Communication Management. Pre-established procedures designed to guide the Eagle P3 Project in coordinated communication with the public, news media, government agencies, employees, project partners and other affected parties in the event of a crisis situation.

9.4 PUBLIC INFORMATION TEAMS ROLES AND RESPONSIBILITIES

During the Design/Build Period, a team of representatives of the Concessionaire (the Concessionaire PI Team) shall take the lead on all design and construction-related information including public and Stakeholder meetings, communications with the media related to issues such as traffic impacts, construction activities and minimizing inconvenience to the public. The Concessionaire PI Team shall coordinate all such information with the RTD PI Liaison, described below.

A team of representatives of RTD (the RTD PI Team) will have primary responsibility for general FasTracks Plan communications, including communications with the media of a general nature and media relations. During the Design/Build Period RTD will assign an employee to oversee the implementation of the Concessionaire's PI efforts (the RTD PI Liaison). The RTD PI Liaison will assure a convenient and streamlined flow of communication between RTD's PI Team and the Concessionaire PI Team. The RTD PI Liaison will attend Progress Meetings, assist in the planning and orchestration of community meetings and outreach, coordinate messaging with the RTD PI Team, and coordinate review of all informational materials relating to the Eagle Project.

The Concessionaire shall assign a full-time employee with direct experience in managing PI for large transportation projects to serve as the Concessionaire's point of contact for their PI efforts (the Concessionaire PI Liaison). The Concessionaire shall assign any additional PI staff required to support the necessary PI effort.

Throughout the Design/Build Period, the RTD PI Team and the Concessionaire PI Team will work together to ensure that the public is educated and informed in a timely and proactive manner about project elements and progress. The roles of the two PI teams are defined in the roles and responsibilities matrix below.

PI Teams Roles and Responsibilities

AREA/TASK ROLE OF EACH TEAM

Concessionaire PI Team RTD PI Team

Concessionaire PI Process

Assign Concessionaire PI Liaison to represent Concessionaire

Develop PI Plan

Staff team as necessary to

Assign RTD PI Liaison

Review PI Plan

Oversee implementation of PI Plan






implement PI Plan

Implement PI Plan

Issues Tracking Track Eagle Project issues and resolutions via provided internet-based application

Work with RTD PI Team on resolving issues

Lead resolution of design and construction related issues

Provide internet-based issues tracking application

Assist in tracking and resolution of project issues

Lead resolution of program-wide or general project issues

Crisis Communications

Develop and provide a crisis communications plan [CDRL] for addressing design and construction related incidents

The crisis communications plan will adhere to guidelines established in the RTD FasTracks Crisis Communications Plan7

Develop overarching crisis communications plan for addressing general project or program-related incidents

Government Relations

Assist RTD PI Team on communications with government officials

Create and distribute construction updates

Coordinate communications such as Elected Officials Briefings with government officials

Review construction updates

Media Relations Follow FasTracks Plan Media Guidelines and Procedures8

Develop Eagle Project protocol for handling design and construction related media inquiries

Provide FasTracks Media Guidelines and Procedures for all program and project team members

Review and approve design and construction related news releases

7 NOTE TO PROPOSERS: RTD's current FasTracks Crisis Communications Plan is included in the

Reference Data as Reference Data Item No 3GCP. 8 NOTE TO PROPOSERS: RTD's current FasTracks Plan Media Guidelines and Procedures are

included in the Reference Data as Reference Data Item No 3GCP.






Answer design and construction related media inquiries

Write and distribute design and construction related news releases and materials

Answer general project-related or program-related media inquiries

Write and distribute general project-related or program-related news releases

Public Outreach Plan and host public meetings as appropriate dependent on Eagle Project status and activities. Results of PI should be provided as part of the public outreach meetings

Approve plan, format, location and content of meetings

Websites Maintain design and construction related internet content and updates on Eagle Project pages of www.rtd-fastracks.com, including upcoming construction, impacts to traffic, residents and businesses; posting of a look-ahead construction schedule.

Field and answer questions and comments submitted through www.rtd-fastracks.com. The Concessionaire will be provided with administrative access to Eagle Project sections of www.rtd-fastracks.com.

Provide main design and hosting for www.rtd-fastracks.com.

Update general project information on corridor section ofwww.rtd-fastracks.com.

Key Messages Develop design and construction related project messages for RTD and Concessionaire

Review and approve construction-related messages

Develop program key messages and general project key messages

Graphic Design Provide graphic design services for design and construction related informational materials

Adhere to FasTracks Plan design templates for all materials

Provide graphic design services for general project informational materials

Provide informational material design templates






Project Identity Produce informational materials in accordance with established corridor identity

Design and provide corridor identity to Concessionaire PI team

Written Informational Materials

Provide content, layout, production and distribution of design and construction related informational materials

Provide informational materials design templates

Approve informational materials prior to release

Stakeholder List Maintain Stakeholder List

Assist in communications to key Eagle Project Stakeholders

Provide template for contact matrix

Develop and update contact matrix of key program Stakeholders (the Stakeholder List)

Coordinate key program Stakeholder communication and maintain records of all such communications

Speakers Bureau Develop and deliver presentations to community or Stakeholder groups

Approve development and delivery of presentations to community and Stakeholder groups

Spanish Language Translation

Provide written and verbal Spanish language translation services

Provide Spanish-language transit nomenclature

Emergency Phone Line

Provide a 24/7 emergency phone number to be responsive and assist Stakeholders in the event that a construction-related Activity results in an emergency, crisis or incident warranting immediate assistance or attention. The number will be answered at all times during construction

Advise RTD PI Liaison or delegate immediately

Provide conduit to RTD management

Information line Coordinate design and construction updates on project section of FasTracks Information

Provide FasTracks Information Line architecture and hosting






Line with RTD PI Liaison

Update recordings of design and construction related information

Provide staffed project office phone number for callers to opt-out of recorded messages during business hours

Place return calls to non-emergency calls within 24 hours

Review recorded updates

Special Events Participate in planning and orchestration of Eagle Project special events as needed

Facilitate planning and orchestration of Eagle Project special events

9.5 ADDITIONAL REQUIREMENTS

The Concessionaire shall complete the tasks set out below.

9.5.1 Construction Notification

The Concessionaire shall hold business outreach meetings with businesses that are within two blocks of the Construction Sites at least one month prior to the start of Work to allow business owners and managers an opportunity to plan for disruptions to their businesses.

The Concessionaire shall provide at least a week's notice prior to the start of construction to residents and businesses within two blocks of the Construction Sites. The notification will be in the form of door hangers or flyers distributed door-to-door as well as notifications via the Eagle Project pages of the FasTracks Website and via email to the Stakeholder List.

The Concessionaire shall coordinate with DIA to provide construction activity notification specifically to DIA vendors and other DIA-related stakeholders.



9.5.2 Elected Official Briefings

The Concessionaire shall participate in regularly scheduled meetings with elected officials and jurisdiction staff of the Eagle Project area. The RTD PI Liaison will lead the planning of the briefings, which will be held quarterly or less frequently. The Concessionaire shall provide design and construction updates including information on upcoming activities, traffic impacts, business impacts, residential impacts, and mitigation plans.

9.5.3 Public Involvement

The Concessionaire shall identify appropriate special interest groups that should be consulted regarding specific design elements and submit a list of the proposed groups to RTD for approval with a rationale for selection.

The Concessionaire shall plan and host a minimum of three public meetings and three special interest group meetings at times to be mutually agreed by the Concessionaire and RTD to obtain feedback and input on the following design elements, as described in Part B and Part C of Attachment 7 (Design, Construction and Rolling Stock Requirements) at locations to be agreed with RTD:

(a) Rolling Stock design elements related to the passenger area, including general layout, seating configuration, location and feel of hand rails and hand grips; and

(b) The Concessionaire shall develop a minimum of 3 aesthetic design features for the surface treatment of structures and MSE retaining walls. The treatments for bridges shall include bridge railing color, bridge fence color, and structural concrete coating color. The treatment for MSE wall panels shall include structural concrete coating color and form liner type. The Concessionaire will present the design features to the stakeholders, who may include representatives from RTD, CDOT, the City and County of Denver, the City of Aurora, DIA, E-470 Public Highway Authority, Adams County, the City of Arvada and the City of Wheat Ridge depending on the location of the work. The application of these design features will not impact the base cost. Any requests with cost or schedule impacts will be classified as Refinements, Enhancements, or Betterments per the Fastracks Stakeholder Participation Policy, and treated as such.

9.5.4 Denver International Airport

The Concessionaire shall coordinate with the DIA Public Affairs group (Public Information Office and Government Affairs) on all issues that pertain to the DIA portion of the Project, including issues on DIA property, Pena Boulevard, and the 40th/Airport Station.

10. FACILITIES

10.1 OFFICES AND OFFICE FACILITIES

The Concessionaire shall provide space and facilities to allow RTD staff and, for the term of the Independent Engineer's Agreement, the Independent Engineer, to share the same building or office complex with the Concessionaire's staff. The Concessionaire shall be required to furnish RTD's staff and the Independent Engineer with offices that are in good and serviceable condition, at least of the same quality as the Concessionaire's counterpart staff.



The Concessionaire shall make the offices (the RTD Offices) required for [Phase 1] available for occupancy no later than 60 days after the Effective Date and the offices for Phase 2 available for occupancy no later than 60 days after [NTP 2], and maintain the RTD Offices until at least 90 days following the end of the Design/Build Period unless otherwise agreed to by RTD. RTD may, at its option, vary the number of its staff throughout the Design/Build Period. However, the Concessionaire shall maintain the number and size of the RTD Offices, conference rooms, reception area, break room and filing area (the RTD Office Facilities) until 90 days following the following the end of the Design/Build Period.

The Concessionaire shall be responsible for disposal or removal of all RTD Office Facilities and any site restoration work required.

The Concessionaire shall provide (quantities are valid for both [Phase 1] and [Phase 2] unless otherwise noted):

(a) telephone service for the RTD Office Facilities. The Concessionaire shall be responsible for its own staff receptionist/operator;

(b) color laser printer/copiers including paper, toner, parts, service, and repairs - 2 during [Phase 1] and 3 during [Phase 2];

(c) office space not less than the size indicated below:

(i) 10 private offices during [Phase 1], 20 private offices during [Phase 2]: 150 square feet of enclosed office space (with door) per office; and

(ii) 10 partitioned offices during [Phase 1], 30 partitioned offices during [Phase 2]: 100 square feet enclosed office space per office (cubicles/partitions are acceptable).

(d) enclosed conference room with doors capable of accommodating a 30 person meeting, with at least 50% of seating capacity at the conference table. This can be a shared conference room between the Concessionaire and RTD - 0 during [Phase 1] and 1 during [Phase 2];

(e) enclosed conference room with doors for RTD's exclusive use capable of accommodating a 20 person meeting, with a 15 person seating capacity at the conference table. The conference room shall be in an adjacent space to the RTD Offices - 1 during [Phase 1] and 1 during [Phase 2];

(f) one reception area, with common access to the RTD Offices;

(g) break room: 150 square feet with sink, counter, dishwasher, microwave, and 20 cubic foot refrigerator;

(h) filing space: 500 square feet, enclosed, with lockable door and 16 steel, 5-drawer, locking, lateral file cabinets (approximate size = 18 inches by 42 inches). The file room shall also have two 30 inches by 72 inch utility tables with two chairs each;

(i) workstations, as follows, for each RTD Office:



(i) desktop computer and peripherals with Microsoft Windows, Microsoft Office Standard and broadband internet access;

(ii) desk, compatible for computer utilization, with locking drawers;

(iii) two drawer filing cabinet, with locking drawers;

(iv) OSHA-approved desk chair;

(v) extra office chair;

(vi) bookshelf; and

(vii) wastebasket.

(j) Furnishings, as follows, for each conference room:

(i) conference table and chairs;

(ii) wastebasket; and

(iii) hanging, erasable white board, six foot wide minimum.

(k) restrooms;

(l) hard-surfaced (paved) parking, plus no less than ten visitor spaces that are shared with the Concessionaire;

(m) daily janitorial service (except weekends and holidays); include recycling to support sustainability plan

(n) maintenance of the exterior area of the RTD Office Facilities, including access to parking and snow removal;

(o) facilities that meet Americans with Disabilities Act (ADA) access requirements and meet all local code requirements for office space;

(p) heating, ventilation and air conditioning/cooling systems adequate for office use; and

(q) 24-hour/7-days a week access with security after normal working hours.

10.2 PROJECT VEHICLES

The Concessionaire shall provide to RTD within 60 days after the Effective Date for [Phase 1] and within 60 days of [NTP 2] for [Phase 2], 5-passenger, 4-wheel drive, sport utility vehicles that are assembled in the United States, including delivery charges, full service, all applicable taxes, and full coverage insurance, license plate fees, all maintenance, and all other cost inherent to provisions of said vehicles, excluding fuel expense. Ten (10) vehicle shall be provided during [Phase 1] and 15 vehicles shall be provided during [Phase 2]. The vehicles shall be used exclusively by RTD staff until 90 days following Final Completion.



Vehicles shall be new, white in color, and complete with all standard equipment, which shall include, at a minimum, four doors, automatic transmission, air conditioner/heater, and a yellow flashing beacon. Ownership and title or lease obligation of the vehicles shall always rest with the Concessionaire. In case of fire, theft, or breakdown, the Concessionaire shall repair or replace vehicles within 48 hours of such occurrence.