Attachment 9 Project and Construction Management

RTD FasTracks Eagle Project

Contract No. 18FH012 Attachment 9Execution Version

Attachment 9

Project and Construction Management


Contract No. 18FH012 Attachment 9Execution Version

CONTENTS

Section Page

1. DEFINITIONS ...............................................................................................1

2. PROJECT MANAGEMENT AND CONTROLS............................................83. DESIGN MANAGEMENT ..........................................................................22

4. CONSTRUCTION MANAGEMENT...........................................................245. INTEGRATION MANAGEMENT ..............................................................27

6. SYSTEM ASSURANCE ..............................................................................287. QUALITY MANAGEMENT .......................................................................29

8. SAFETY MANAGEMENT..........................................................................329. PUBLIC INFORMATION............................................................................42

10. FACILITIES.................................................................................................50


Contract No. 18FH012 1 Attachment 9Execution Version

1. DEFINITIONS

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

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

Activity Codes means the codes assigned to Activities for purposes of grouping and sorting bycommon 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 PrimaveraEnterprise Manual).

Activity Name means a unique name for each Activity in the Project Schedule (see PrimaveraEnterprise 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 setof 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 RTDFasTracks 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, rolesand responsibilities for management and authorization of documents which establishconfiguration control information, as well as how the Concessionaire will execute configurationcontrol.

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.

Construction Mitigation Plan or CMP has the meaning given to it in Section 4.2.

CPM means "Critical Path Methodology", a common industry practice for planning and modelinglogically deterministic project work schedules.



CPR means cardiopulmonary resuscitation.

Critical Activity means an Activity in the Project Schedule having no more than 20 BusinessDays of Float.

Critical Path Write-up means the narrative describing the basic logic flow of Activities andcritical 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 scheduledata 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 Design Basis)of Part A (General Requirements for Design, Construction and Rolling Stock) of Attachment 7.

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 aspectsof 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 (seePrimavera Enterprise Manual).

Earned Value means the budgeted cost of work performed.

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

Executive Safety and Security Committee or ESSC has the meaning given to it in Section 2.3.7.

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.

http://www.rtd-fastracks.com.



Fire/Life Safety Committee or FLSC has the meaning given to it in Section 2.3.6.

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

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

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

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

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

Hazard Identification Analysis and Resolution Process has the meaning given to it inSection 8.3.

Hot Work Permits means an established permit program designating areas of work which requireopen flame, cutting, welding, brazing, abrasive cutting and temporary heating. This permit isprepared by the Contractor performing the work and signed off for approval by the ProjectConstruction 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 ofthe inspection, the identification of the inspector, a certification of an authorized representative ofthe quality assurance entity performing the inspection, and any other relevant information relatedto the inspection.

Inspection Report means a formal report issued subsequent to an examination of constructed orfabricated 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 ofcontinuous level of effort, as with professional services (see Primavera Enterprise Manual).

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

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



Materials Test Reports means a quality record identifying the requirements or standard for aconstruction 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, acertification of an authorized representative of the testing agency, and any other relevantinformation 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 hasbeen 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 Primaveraschedules (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 toprovide protection for employees in accordance with applicable OSHA standards. Examples ofPPE are safety glasses, reflective vests, hard hats, gloves, and safety shoes.

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 theConcessionaire and attended by all workers at the beginning of each work shift, the purpose ofwhich is to discuss safety and upcoming daily work activities (i.e., specific work tasks, equipmentto be utilized, hazards associated with the work tasks, safety procedures, etc.).

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

Primavera Enterprise Manual means the 'user manual' providing instructions and guidance forconfiguring 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 controlsmanager 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 projectstructure (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 andinformation in pursuance of legal obligations or in the transaction of business, regardless ofmedia type. This may include data output from computer systems if a standalone document is notcreated by such system.

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

Project Third Party Coordination Meetings has the meaning given to it in Section 2.3.3.

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 withinthe quality system, and demonstrated as needed, in order to provide adequate confidence that agiven 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 ofquantitatively 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 Manager has the meaning given to it in Section 7.4.

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

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 thepractice 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.

Resources, as applied to the Project Schedules, are assigned to Activities for the purpose ofallocating budgeted units of materials, labor, and equipment.

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

Return to Work Program means an established program to provide "light duty" or "restrictedduty" work for workers who are injured on a project and cannot perform their normal daily workduties, 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).

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

RTD FasTracks Construction Safety Guidelines means the construction safety guidelinesadopted by RTD in connection with the FasTracks Plan.1

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

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

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

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

1 See Reference Data Item No. 5GCP.



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

Safety and Security Certification Plan 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 2.3.5.

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

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

Security Management Plan has the meaning given to it in Section 8.8.1.

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

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 thepurpose of reporting to FTA.

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

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

Superintendent means a designated and authorized representative of the Concessionaire, whowill 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 6.2.

System Safety Program Plan or SSPP has the meaning given to it in Section 8.2.

System Security Plan has the meaning given to it in Section 8.5.

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 safetycertification organization that has been testing products and writing Standards for Safety since1894.



Vendor Quality Plans means a quality management plan submitted to the Concessionaire by oneof 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 theConcessionaire's Proposal, and attached to Attachment 8 (Construction Payment Schedule) asAnnex 2.

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 missedany days away from work as a result of such accident.

2. PROJECT MANAGEMENT AND CONTROLS

2.1 OVERALL MANAGEMENT PROGRAM AND ORGANIZATION

(a) The Concessionaire shall be responsible for the management of the Work, includingestablishing the necessary organization and procedures and providing personnel andsupporting equipment and facilities.

(b) The Concessionaire shall submit for review and approval, a plan (the ProjectManagement Plan or PMP), which shall describe the Concessionaire's strategy foreffectively managing the Eagle Project during the Design/Build Period, include the topicsand requirements presented in this Attachment 9 and be consistent with FTA Project andConstruction Guidelines. [CDRL #9-01]

(c) The Concessionaire shall manage the Work in accordance with the approved ProjectManagement Plan. The Concessionaire shall update the Project Management Plan asnecessary, but not less than annually, to ensure that it remains current throughout theDesign/Build Period.

2.1.1 Organization and Staffing

The Concessionaire shall address the following topics in the PMP:

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

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

(c) the proposed interfaces and relationships with RTD for issues such as projectmanagement, 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 theDesign/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; and

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

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

(e) the address and telephone number of the major office(s) or facilities of each firm in theConcessionaire's organization and the number of staff assigned to the Eagle Project ateach 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, addressesand telephone (office and cellular) numbers of the Key Personnel and critical support staff of theConcessionaire and each Material Subcontractor (the Project Directory) [CDRL #9-02]. TheConcessionaire shall update the Project Directory quarterly for the duration of the Design/BuildPeriod.

2.2 CORRESPONDENCE AND DOCUMENT MANAGEMENT

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

(b) The Concessionaire shall submit all details of the software application required by Table2.2 below and all details of the platform and/or system to be used by the Concessionairefor document control (DCS) to RTD [CDRL #9-03]. The Concessionaire shall makeavailable, when requested by RTD, evidence of backups and disaster recovery planningof the software system and any supporting backup/restore tests. The Concessionaire shallprovide access to the DCS and software training for designated RTD and FTA personnelthroughout the Design/Build Period, so that such personnel may have immediate andunrestricted access to Project Records.



Table 2.2

Criteria for a Document Control Application

Criteria Yes NoGENERAL REQUIREMENTS:Is the document control software a proprietary application?

If yes, are the specifications documented?Can the document control metadata be easily mapped toanother application?

If yes, has this been tested?Is it a retail license with application support?

If yes, is the version current with the applicationsupport 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 hasmodified and/or deleted data and when?Does the application allow security restrictions to be set toindividual 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, deskew, autorotate?Does the application automatically remove blank sheets?RECORDS MANAGEMENT & DOCUMENTLIFECYCLE:Does the application provide revision control / history?Does the application track the lifecycle of the document?Does the application allow records management assignmentbased on record / document type?



(c) The Concessionaire shall submit the document control plan describing policy, processesand procedures to be utilized by the Concessionaire's DCS (the Document Control Plan)to RTD for RTD's review and approval [CDRL #9-04]. Subsequent to RTD's approval ofthe Document Control Plan, RTD may semi-annually audit the Concessionaire'scompliance 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 theprogress of the Work or for other reasons as deemed appropriate by RTD, and shall providereasonable advance written notice of all such meetings. The Concessionaire shall attend suchmeetings, as required by RTD. The Concessionaire shall provide meeting minutes no later than 5working days after each meeting. 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 ProjectMeeting) as soon as practicable after the earlier of the Early Work Effective Date or the Phase 1Effective Date, as applicable. The agenda for the Initial Project Meeting shall include at least thefollowing 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 Phase 1Effective Date; and

(f) mobilization status.

The Concessionaire shall prepare and distribute copies of minutes to the attendees. Attendeesshall have five Business Days to submit comments or additions to minutes. Once any reasonablecomments 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 lessthan once per month throughout the Design/Build Period. The Concessionaire shall prepare anddistribute copies of minutes to the attendees. The Concessionaire and RTD's Representative (ordesignee) shall mutually agree to the meeting structure, agenda (including items in Section 2.3.1),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 (theProject Third Party Coordination Meetings). The Concessionaire shall prepare and distributecopies 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 permonth throughout the Design/Build Period. The Concessionaire shall prepare and distributecopies 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 SecurityWorking Group or SSWG) for each of the Commuter Rail Projects, the CRMF and the DUS RailSegment, including representatives of the Project Contractors, and RTD. Each SSWG shall meetfor the first time within 90 days of Effective Date and shall continue to meet throughconstruction, integrated testing and revenue service until open items (certifiable items, SafetyOpen Items List (SOIL) items) have been mitigated to an acceptable conclusion as determined bythe SSWG.

The Concessionaire shall chair each SSWG meeting, maintain meeting minutes and distributemeeting schedules and notifications. The chairman of each SSWG meeting shall provide updateson the Safety and Security Certification Plan, the PHLA (and subsequently the FHLA), SOIL, aswell as progress on identified issues relating to system safety and security. An RTD systemsafety and security representative will be a full time member of the SSWG. The SSWG shallconvene no less than every two months, more often if warranted by meeting agenda items (actionitems) 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 SafetyCommittee or FLSC) for each of the Commuter Rail Projects, the CRMF and the DUS RailSegment, including representatives of the Concessionaire, the Project Contractors, communityemergency first responders and RTD. The FLSC shall meet for the first time within 90 days ofthe Effective Date and continue to meet through construction, integrated testing and revenueservice until all open items raised by the FLSC and first responders have been mitigated to anacceptable conclusion as determined by the FLSC.

The Concessionaire shall chair the FLSC, maintain meeting minutes and distribute meetingschedules and notifications. The chair of the FLSC shall provide updates to emergency firstresponder concerns through design and status updates. An RTD system safety and securityrepresentative will be a full time member of the FLSC. The FLSC shall convene no less thanevery three months, more often if meeting agenda items (action items) or design and constructionitems warrant.

The Concessionaire, through the FLSC, shall coordinate emergency first responder drills to helpfamiliarize the first responder community with the operational characteristics of the Eagle Projectduring an emergency. The drill coordination process will be a joint effort consisting of membersfrom the Concessionaire, RTD and the emergency first responder community. TheConcessionaire, in consultation with the FLSC, shall produce an emergency evacuation plan anddiagrams for each Commuter Rail Project, including each station, identifying primary andsecondary evacuation routes and points of safety, emergency exits points along the right of wayand other details the FLSC deems appropriate. Additionally, the Concessionaire shall developemergency preparedness documents required by the FRA. [CDRL #9-05]

2.3.7 Executive Safety and Security Committee Meetings

The Concessionaire shall initiate and maintain a separate working group (an Executive Safetyand Security Committee or ESSC) including representatives of the Project Contractors and RTD.The ESSC shall function as the safety and security authority for Concessionaire for the EagleProject. 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 the safety and security criteria specified in theAgreement;

(e) to monitor, review, and approve final safety and security certification/acceptance ofmajor 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-makingauthority regarding safety and security issues to be implemented by the Concessionaire. TheESSC shall also serve as the Concessionaire's authority on configuration management, safety andsecurity certification processes and activation of major project components. The Concessionaireshall chair the ESSC, maintain meeting minutes and distribute meeting schedules andnotifications. An RTD system safety and security representative will be a full time member ofthe ESSC. The ESSC shall convene no less than every two months, more often if meeting agendaitems (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 andSecurity Management Plan in accordance with the FTA Final Circular, August 1, 2007 or anylater 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 areport detailing the progress of the Work (a Monthly Progress Report), containing the followinginformation (as applicable) [CDRL #9-06]:

(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) WBS Pricing Form updated to the current month and showing actual expenditures;

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

(i) Activities planned for the next month;

(j) a list of activities or milestones expected to be completed by RTD or a Project ThirdParty in the next two months;

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



(l) design, construction and manufacturing critical issues;

(m) construction safety report;

(n) environmental mitigation status including compliance/non-compliance reports, completedmitigation efforts, public complaints, and non-compliance issues raised byregulatory/oversight agencies;

(o) status of identified hazardous items;

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

(q) prints of digital progress photographs;

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

(s) releases of liens from Subcontractors;

(t) status of the Contract Data Requirements as specified in Attachment 6 (Contract DataRequirements); and

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

Additionally, the Concessionaire shall provide to RTD promptly upon request any furtherdocuments or reports as may be required by RTD for the purposes of RTD's compliance with allFTA and FRA requirements for periodic reporting.

2.5 RECORD DOCUMENTATION AND RECORD DRAWINGS

The configuration of final design, assembly, construction, hardware and software of the EagleProject shall be documented in detailed drawings, as-builts, reports, calculations, specifications,schedules, notes and other descriptive material as specified further in paragraph (a) below (theRecord Documents). The Concessionaire shall submit for review and approval by RTD, aConfiguration Management Plan [CDRL #9-07]. The Eagle Project configuration, includingapplicable subsystems and equipment, shall be base-lined and change-controlled in accordancewith the procedures and process established in the Configuration Management Plan.

The Record Documents shall be signed and sealed (where required by Colorado law and otherApplicable Requirements) by the Concessionaire's Registered Design Professional to certify thatthey show complete and exact as-built conditions, stating dimensions, sizes, kinds of materialsand similar matters.

(a) Record Documents. During the Design/Build Period the Concessionaire shall keepcomplete and accurate Record Documents, including field and manufacturing plantrecords of changes or deviations from the Design, Construction and Rolling StockRequirements, the Concessionaire's subsystem and equipment procurementspecifications, 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 .pdfelectronic file format, and native electronic file format) at the Concessionaire's offices,manufacturing plant and job site during fabrication/construction. RTD shall have accessto the Record Documents immediately upon request.

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

(c) Software documentation

(i) The Concessionaire shall submit to RTD for review a manual (a SoftwareRequirements Manual) indicating its proposed methods and procedures forsoftware documentation [CDRL #9-08].

(ii) For software unique to the Eagle Project, the Record Documents shall include, asa minimum, all of the information necessary to make revisions in the softwareprogram applications for the Eagle Project for changes and/or expansions orextension of the Eagle Project, such as functional, performance and interfacerequirements; descriptions of the supervisory, control, and operating software;source listings code; flow charts; configuration control documentation; andprogrammer and user manuals incorporating appropriate modification and controlprocedures, including the name of any Subcontractors if employed forpreparation of this software.

(iii) For any software used in the Eagle Project which constitutes Third PartyMaterial, the Record Documents shall include all of the documentation that isavailable from the supplier of such software, together with one reproduciblemaster and two copies of programmer and user manuals and other similarmaterial, and a complete and fully documented listing of all such softwareprograms (one electronic copy).

2.6 SCHEDULE MANAGEMENT

The Project Schedules set out in this Section 2.6 shall represent a practical plan to complete theWork for the Design/Build Period by the Revenue Service Target Dates, and no later than theRevenue Service Deadline Date. The Project Schedules shall show the planned execution of theWork in accordance with the Agreement. The Concessionaire shall develop and update theProject Schedules in coordination with the Project Contractors, RTD, Utility Owners, ProjectThird 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 Databaseshall 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 oradmit the reasonableness of the logic, durations, cost and resource loading of these ProjectSchedules 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 enterprise software(Primavera Enterprise). Version control of the software will be maintained by RTD andwill not be changed unless directed by RTD. RTD shall provide the Concessionaire withfive Primavera licenses to access the RTD FasTracks Schedule Database.

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

(b) General Scheduling Constraints

The Concessionaire shall implement the RTD FasTracks WBS Elements in the ProjectSchedules for the design and construction of the Eagle Project. The RTD FasTracksWBS 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 actionverb so as to address direction to assigned Activity resource(s). The only exception tothis 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 verbas well (i.e. Start, Begin, Finish, Complete, Submit, and Receive).

Each Activity ID for a specific Activity Name created in any Project Schedule, shallremain unchanged and connected to its original Activity Name throughout theDesign/Build Period. The Concessionaire shall identify each Activity in accordance withthis nomenclature. An Activity's name may only be changed to clarify an Activity'sscope. The scope or purpose of an Activity in any previously accepted or approvedschedule 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 thefollowing configurations in Primavera:

The Concessionaire may use any of the Activity Type settings available for the purposesof building the Project Schedules (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 allactivities (if Steps are used on Activities in the project and the project level settings areset to "Activity percent complete based on Activity steps"; then the Start and FinishMilestone Activities must be set to "Duration" Percent Complete Type). This will requirea physical entry for all LOE Activities and WBS Summary Activities.

(e) Activity Calendars

Custom calendars (designating work/non-work periods) shall be created and maintainedby the Concessionaire at the project level for each Project Schedule in Primavera. TheConcessionaire shall not have access to RTD's Global Calendars. Calendars shall becreated using the following naming convention: Project ID, followed by a dash (-) andthen 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 scheduleshall have a duration exceeding 60 calendar days without the prior approval of RTD.

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

The only constraints permitted to be included in the Project Schedules are contractualdeadline ("latest completion") dates for interim delivery milestones or key interfacemilestones with other elements of the FasTracks Plan as directed by RTD. There shall beno intermediate start or completion constraints for other elements of the Work, which willbe 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 PrimaveraEnterprise Manual)). RTD shall establish standard project and Global Activity Codes,which will be provided to the Concessionaire 30 days after the earlier of the Early WorkEffective Date or the Phase 1 Effective Date, as applicable. The Concessionaire shallassign values to each project, Activity and resource assignment for RTD's use. TheseActivity Codes shall be maintained by the Concessionaire throughout the Design/BuildPeriod.

Activity Codes that are not specified by RTD shall be created using the following namingconvention: 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, noneof 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 seekapproval 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 addedas material Resources beneath the Concessionaire's top RBS node provided by RTD inthe FasTracks master schedule (the exact branch level may be determined by theConcessionaire). All units of measurement that are commonly applied to materialResources on construction activities will be controlled by RTD's project controls team forthe FasTracks Plan. If the Concessionaire finds it necessary to add a unit of measure tothe database, a request should be made to RTD, identified as a Project Controls Request.

The Concessionaire must load all relevant and respective construction Activities withestimated units of major material quantities applied to Resources. Standard Roles willalso be assigned by the Concessionaire to each labor resource for non-constructionactivities.

2.6.2 Critical Path Method Requirements

(a) Network Logic

With the exception of the Early Work Effective Date or the Phase 1 Effective Date, asapplicable, and the end of the Design/Build Period, all Activities must have at least onepredecessor and one successor, unless otherwise approved by RTD. The use of lagwithin logic ties is permitted, but lag may not be used as a means of artificially forcing aCritical Activity by eroding Float. No negative lags are permitted.

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

After receipt of such justification and supporting evidence, RTD shall review the factsand 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 CDRLrequirements as set forth in Attachment 6 (Contract Data Requirements). A Primavera.XER file type is the current monthly file format.

The Concessionaire shall also submit paper copies of Project Schedules in a format andquantity 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 Concessionaire's proposed schedule for all capitalprojects 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 theEagle Project and reflect the total quantities and costs in accordance with the WBSPricing Form. This will be the basis for measurement of the Earned Value of eachelement of the Work carried out over each period and for the Concessionaire's projectedcash flow.

The Concessionaire must submit the Original Baseline Schedule to RTD for review andapproval [CDRL #9-09].

(b) Current Baseline Schedule

The Current Baseline Schedule is the Original Baseline Schedule or the most recentlyapproved Revised Baseline Schedule including executed cost and schedule changes fromapproved Changes and Work Orders that have been implemented in accordance with theAgreement and incorporated into the schedule.

(c) Revised Baseline Schedule

The Revised Baseline Schedule is a schedule submitted by the Concessionaire onOctober 1 of each year and otherwise at RTD's request [CDRL #9-10], showing actualprogress to date on all Activities in the Current Baseline Schedule. The Concessionaireshall reflect the planned execution of the Work for the remainder of the Design/BuildPeriod in such schedule together with a re-spread of the remaining Resources to representthe estimate to complete the Work. The Revised Baseline Schedule shall includeChanges and Work Orders implemented in accordance with the Agreement and the timeimpacts of Relief Events and Force Majeure Events (if any) agreed by RTD.

(d) Monthly Progress Schedule

The Current Baseline Schedule shall be used by the Concessionaire to establish aschedule that shall be updated every month to show the actual progress of Work and theEarned Value of each element of the Work carried out, including approved Changes andWork Orders (the Monthly Progress Schedule).

The Data Date used for calculating the Monthly Progress Schedule shall be the first dayof the following month at 12:00 AM (i.e., progress through March shall have a Data Dateof April 1 at 12:00 AM).

A draft Monthly Progress Schedule, curves, charts and graphs shall be submitted by theConcessionaire to RTD by the fifth day of the month following the month to which suchdraft Monthly Progress Schedule relates [CDRL #9-11]. RTD shall review, and asnecessary comment on, Earned Value and actual start and finish dates within 10 days ofreceipt of each draft Monthly Progress Schedule. If RTD has not provided any commentsby the tenth calendar day following receipt of any draft Monthly Progress Schedule, suchdraft Monthly Progress Schedule shall be deemed to have been accepted by RTD. AnyRTD comments will be reviewed and resolved by the Parties at the relevant ProgressMeeting. Within five calendar days of any such Progress Meeting, the Concessionaireshall submit a final Monthly Progress Schedule, containing any amendments agreed at



any such meeting, to RTD for verification. The RTD accepted final Monthly ProgressSchedule will be used as supporting basis for the Earned Value of each element of theWork carried out for Construction Payments.

The Concessionaire shall provide RTD with performance curves for both labor andmaterial Resources at the same time as the Monthly Progress Schedule showing periodand cumulative performance and histograms for earned Resources versus plannedResources (with major material quantities, such as earthwork, concrete, copper andsteel). These Resource charts shall include the Project Contractors' and the MaterialSubcontractors' estimated manpower and major material quantities, from the Early WorkEffective Date or the Phase 1 Effective Date, as applicable, through to the end of theDesign/Build Period. The resource loading charts shall be in the form of a histogram andshall include a legend for each role or major material quantity (showing planned, actual,and estimate to complete) for each monthly period of contract performance.

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

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

The Concessionaire shall include variances from the Monthly Progress Schedule (each, aMonthly Schedule Variance) and Critical Path Write- up in the Monthly Progress Reportwith columns showing the schedule dates for the immediate prior month and for thecurrent month and a column with the schedule variance of the past month, with a writtenexplanation about any item that changes by 20 or more work days from the prior monthschedule dates. The reasons for these schedule slippages or improvements must beexplained. The Critical Path Activities must be addressed as to the status of any changesto 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 andmethod of operation or any projected Revenue Service Commencement Date or FinalCompletion Date is later than the date as indicated by the Monthly Progress Schedule,RTD may require the Concessionaire to submit a schedule (a Recovery Schedule) forcompletion of the remaining Work by the Revenue Service Deadline Date [CDRL #9-12].

(f) As-Built Schedule

The last Monthly Progress Schedule submitted (the As-Built Schedule) shall be identifiedby the Concessionaire as the As-Built Schedule. The As-Built Schedule shall reflect theexact 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 seniorexecutive and the Concessionaire's scheduler as being a true reflection of the way inwhich the Work was actually executed at the time of Final Completion. TheConcessionaire shall submit to RTD the certified As-Built Schedule as a condition toreceiving the last Final Completion Date in accordance with Section 28.4(j)(i) of theAgreement [CDRL #9-13].

(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 theConcessionaire. Float shall be used by each Party on a first-come first-served basis.

The goal for the Current Baseline Schedule is to not contain more than 20% CriticalActivities. If this goal is not met, RTD may request a Recovery Schedule. Each Activityshall 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 scheduleActivities 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) showinghow design responsibility is shared amongst team members and how it will be coordinated andintegrated. [CDRL #9-14]

The Design Management Plan shall clearly identify the manner of Concessionaire oversight andthird party design reviews, and shall be appropriately cross referenced to the Quality ManagementPlan, the Project Management Plan, the Design Review Schedule and the Design InterfaceManagement 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 thedesign portion of the Work. The Concessionaire shall ensure that designs are fully integrated andthat Concessionaire Design Submittals are prepared in accordance with the Current BaselineSchedule and in compliance with this Attachment 9 and the Agreement. Additionally, theConcessionaire shall establish procedures for the identification, documentation, review, andapproval of design changes prior to or during construction.

The Concessionaire shall determine the quantity and content of design documentation andsubmittals that are necessary to be produced by the Project Contractors and Subcontractors andsubmitted to the Concessionaire for third party review, (i.e. review by a party that is independentfrom the designer) and interdisciplinary review during Periodic Design Review Meetings (asdefined in Section 3.2) in addition to the Concessionaire Design Submittals to be submitted toRTD as specified in the Agreement and in Attachment 6 (Contract Data Requirements).

The Concessionaire shall provide for independent review of design submittals consistent with therequirements 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 (RTDReview) of the Agreement and Attachment 6 (Contract Data Requirements).

3.2 CONCESSIONAIRE DESIGN REVIEW

The Concessionaire shall plan and conduct formal documented reviews of the design and relatedissues described below (Periodic Design Review Meetings). Periodic Design Review Meetingsshall be performed at project, system, and subsystem levels, as appropriate, to verify anddemonstrate:

(a) safety for construction, operation and maintenance;

(b) compliance with the relevant codes, specifications, applicable Law 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 outPeriodic Design Review Meetings that defines the scope and timing of the Periodic DesignReview Meetings during the Design/Build Period. [CDRL #9-15] Dates for Periodic DesignReview Meetings shall subsequently be incorporated into the Current Baseline Schedule.

The Concessionaire shall ensure the participation at Periodic Design Review Meetings ofrepresentatives of all necessary functions, disciplines and parties concerned with the element ofreview and the stage being reviewed. Those representatives responsible for integration, systemsafety, quality, construction and operations, as well as qualified representatives from the thirdparty design review function are required to attend all Periodic Design Review Meetings. RTDreserves the right to attend and participate in any and all Periodic Design Review Meetings, andshall receive agendas and notices regarding such meetings.

The Concessionaire shall submit the agenda and subject matter specific progress reviewdocuments, which at a minimum shall include those design documents specifically identified forsuch reviews in Attachment 7 (Design, Construction and Rolling Stock Requirements), to RTDdetailing the design elements to be addressed at least 10 days in advance of each Periodic DesignReview Meeting. [CDRL #9-16]

Within 15 days after the date of each Periodic Design Review Meeting, the Concessionaire shallsubmit minutes thereof to RTD detailing all issues raised during the Periodic Design ReviewMeeting, and their resolution, or ongoing status. [CDRL #9-17]

3.3 RTD DESIGN REVIEW

RTD may, at any time throughout the Design/Build Period, carry out design reviews of theConcessionaire, its Project Contractors and Subcontractors, as deemed necessary by RTD in orderto verify compliance with the Agreement. Such design reviews will generally cover overallsystem performance, integration, construction and operation issues, resolution of stakeholderconcerns and commitments, and detail design issues insofar as they have not been satisfactorilyaddressed in Periodic Design Review Meetings and are therefore considered necessary by RTD.



The Concessionaire shall provide the documentation and personnel participation reasonablyrequested by RTD to enable these RTD design reviews to be carried out. The Concessionaireshall, within 15 days of the date of each RTD design review meeting, submit to RTD for reviewand approval, minutes thereof detailing all issues raised during the RTD Design Review, and theirresolution, or ongoing status. [CDRL #9-18]

3.4 CONCESSIONAIRE DESIGN SUBMITTALS PROCESS

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

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 appropriateProject Third Parties, together with confirmation of acceptance by the third-party reviewer.

Should the Concessionaire fail to demonstrate to RTD's satisfaction that any ConcessionaireDesign Submittal satisfies the requirements of the Agreement, or fail to demonstrate that it hasfulfilled its review and approval responsibilities, RTD may require the Concessionaire to reviseand/or supplement and resubmit the relevant Concessionaire Design Submittal until such level ofsatisfaction is achieved. RTD may ask the Concessionaire to provide copies of any design orconstruction documents, prepared by or in the possession of the Concessionaire or its ProjectContractors which may assist in its understanding and confidence in Concessionaire DesignSubmittals and the Concessionaire shall provide such documents promptly.

4. CONSTRUCTION MANAGEMENT

4.1 CONSTRUCTION CONTROL PRINCIPLES

The Concessionaire shall submit a plan (the Construction Management Plan) [CDRL #9-19] toestablish and maintain documented procedures for construction sites that are consistent with thequality management, construction management and construction safety requirements defined inthis Attachment 9 and in Attachment 7 (Design, Construction and Rolling Stock Requirements).Such procedures shall be consistent with all applicable Environmental Requirements, andminimize the adverse impact on the community during the Design/Build Period.

The Concessionaire's construction approach shall comply with the requirements of this Section 4and shall include development of, and compliance with, such plans and procedures, includingthose identified below. If there are any discrepancies between the RODs and this Section 4, thenthe RODs shall take precedence.

4.2 CONSTRUCTION IMPACT MITIGATION

The Concessionaire shall, for each Site or segment of a Site, prepare a plan (the ConstructionMitigation Plan or CMP) that specifies public communications, and construction means andmethods to reduce or mitigate the inconveniences of construction such as noise, dust, visualblight, construction traffic and preservation of access to homes, businesses, and communityfacilities. [CDRL #9-20]

The Concessionaire shall implement, and shall procure that the Design/Build Contractorimplements, the Construction Mitigation Plan throughout the Design/Build Period. The



Concessionaire and the Design/Build Contractor shall work cooperatively with RTD and localcommunities and businesses to ensure that temporary access is provided during normal businesshours, wherever possible, and that traffic maintenance plans are developed to maintain access andcirculation. 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 openbelow 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 constructionsite management procedures. The Concessionaire shall employ best management practices forsite 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 excavatedmaterials, 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 inareas where large areas of materials are stored.

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

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

(f) Where dirt is tracked onto streets, vacuum-powered street sweepers shall be used forclean-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 permitrequirements and shall, to the maximum extent possible, be routed along roadways thatwill 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.

4.4 ENVIRONMENTAL MITIGATION

(a) The Concessionaire shall perform all necessary environmental mitigation andremediation actions. This shall include implementing environmental mitigation measuresrequired by the Environmental Requirements and performing remediation, abatement andclean-up activities required at the Sites. The Concessionaire may, at its own risk butsubject to RTD's prior approval (not to be reasonably withheld or delayed) elect todevelop designs that deviate from the Environmental Requirements. In this case, theConcessionaire shall be responsible for obtaining all permits and approvals required for



variations to the applicable Environmental Requirements. The Concessionaire shall notbe entitled to a Relief Event in respect of any delays and/or cost consequences resultingfrom any such deviation from the Environmental Requirements.

(b) On a quarterly basis throughout the Design/Build Period, the Concessionaire shallprepare and submit to RTD for review a report (the ROD Mitigation Measures ProgressReport) detailing progress, activities and milestones related to the specific elements ofenvironmental mitigation for which the Concessionaire is responsible, as defined inAttachment 18 (Concessionaire's Records of Decision Obligations). [CDRL #9-21]Where mitigation measures require that documentation be developed to demonstratecompliance, such documentation shall be provided to RTD with the relevant RODMitigation Measures Progress Report submission.

4.5 CONSTRUCTION AROUND WETLANDS AND WATER RESOURCES

The Concessionaire shall employ erosion and sedimentation control best management practices toprotect water quality in streams, in accordance with municipal and state regulations.

The Concessionaire shall place temporary fencing and sediment control measures to protectexisting 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 thelimits of the construction area where they are adjacent to sensitive habitats including riparianareas, wetlands, and upland trees and shrubs.

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

The Concessionaire shall prepare and implement project-specific temporary and permanent waterquality plans [CDRL #9-22] and stormwater management plans. [CDRL #9-23] TheConcessionaire shall develop and, if necessary, implement in a timely manner, a spill, prevention,control, and countermeasure plan. [CDRL #9-24]

4.6 DISCOVERY OF HISTORIC, ARCHAEOLOGICAL OR PALEONTOLOGICAL RESOURCES

In the event that historic, archeological or paleontological resources are discovered duringconstruction, the Concessionaire shall cease activity in the area and notify RTD of the discovery,in accordance with Section 12.1 (Archaeological Remains) of the Agreement.

4.7 DISCOVERY AND PROTECTION OF THREATENED OR ENDANGERED SPECIES

In the event that an Unidentified Endangered Species is discovered during construction, theConcessionaire shall cease activity in the area and notify RTD and the US Fish and WildlifeService of the discovery, in accordance with Section 12.4 (Endangered Species) of theAgreement.



4.8 PROTECTION OF MIGRATORY BIRDS

Raptor nest surveys shall be conducted annually during an appropriate season (generally May 1through June 1) to determine the presence of active raptor nests and submitted to RTD.[CDRL #9-25] If an active nest is located, season buffers shall be established and coordinatedwith the Colorado Division of Wildlife to prevent disturbance to nesting birds duringconstruction.

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

4.9 DIA SOLAR FACILITY

Prior to accessing the area adjacent to the DIA Solar Array Facility, the Concessionaire shallcoordinate with Fotowatio Renewable Ventures (FRV) (formerly MMA Renewable Ventures,LLC) to develop a construction management plan that will address the impacts of construction onthe array operation.2

4.10 SITE RESTORATION

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

4.11 RELEASE FOR CONSTRUCTION

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

5. INTEGRATION MANAGEMENT

5.1 INTEGRATION MANAGEMENT PRINCIPLES

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

The Concessionaire's system integration process shall:

2 See Reference Data Item No. 2E.7.



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

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

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

(d) ensure that on-time performance, availability, and safety requirements are addressed inthe design process and that the reliability and maintainability of all project elements willenable 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 DesignInterface Management Plan or DIMP), which defines how the Concessionaire willsystematically identify and document technical interfaces, and how the DIMP shall be used as amanagement tool for the resolution of all technical interfaces, and as such, shall be regularlyupdated as technical interfaces are identified, progressed and resolved. [CDRL #9-26] The DIMPshall 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 thecorrect operation and performance of subsystems and systems together, including necessarytesting of the entire Commuter Rail Network to demonstrate the readiness for revenue service ofthe system and the operating and maintenance personnel. Specific requirements for such testingare defined in Part D (Verification and Demonstration) of Attachment 7 (Design, Constructionand Rolling Stock Requirements).

6. SYSTEM ASSURANCE

6.1 SYSTEM ASSURANCE APPROACH

The Concessionaire shall perform the Work in a manner that enables operation and maintenanceof 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 thisrequirement 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 ProgramPlan – Design/Build) that documents its proposed methodology for ensuring appropriate system



assurance activities by the Concessionaire and its Project Contractors. This shall includeprinciples focused on tracking back from service availability performance requirements, into thesetting of reliability targets for assets, systems, subsystems, assemblies and components. [CDRL#9-27] The System Assurance Program Plan – Design/Build shall be consistent with the QualityManagement 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 systemperformance measures defined in Attachment 10 (O&M Specifications). [CDRL #9-28]

The Reliability Analysis Report shall include mean time between failures (MTBF), mean mileagebetween failures (MMBF), and mean time to restore (MTTR), as appropriate, for each of themajor subsystems of the Work. The report shall be maintained throughout the Design/BuildPeriod and, to the extent possible, validated during the performance demonstration period definedin Part D (Verification and Demonstration) of Attachment 7 (Design, Construction and RollingStock Requirements).

7. QUALITY MANAGEMENT

7.1 GENERAL

The Concessionaire shall be responsible for all quality management, quality assurance and qualitycontrol of the Work. The Concessionaire shall develop and implement a quality managementsystem for the Design/Build Period based on RTD's Quality Assurance Program Plan3 and theinternational quality standard ANSI/ISO/ASQ Q9001-2008 (or latest revision), QualityManagement Systems – Requirements (the Quality Management System). This QualityManagement System shall be documented in a plan (the Quality Management Plan)[CDRL #9-29], which shall be submitted to RTD for approval. The approved QualityManagement Plan shall be implemented across the Concessionaire's organization, to includeDesign/Build Contractor and Subcontractors. Evidence of compliance to ANSI/ISO/ASQQ9001-2008 shall be further documented through registration by an accredited registrar withintwelve months of the earlier of the Early Work Effective Date or the Phase 1 Effective Date, asapplicable. [CDRL #9-30] The Concessionaire shall maintain ISO ANSI/ISO/ASQ Q9001-2008registration until the last Final Completion Date. Evidence of Registration shall be submitted toRTD.

7.2 STAFFING

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

Quality Assurance shall be managed by a representative of the Concessionaire (the ProjectQuality Assurance Manager). The Project Quality Assurance Manager shall be considered KeyPersonnel, and shall serve in this capacity subject to RTD's approval. The Project Quality

3 See Reference Data Item No. 3MP.



Assurance Manager shall be supported by such staff as is necessary to provide independentverification of compliance with the Design, Construction and Rolling Stock Requirementsthroughout the Design/Build Period. Inspectors and technicians engaged in the inspection and/ortesting of the Work shall be qualified in accordance with ASTM E329. Records of personnelqualifications for inspectors and technicians shall be maintained as quality records, subject toaudit by RTD.

7.3 DESIGN PHASE

The Concessionaire shall be responsible for performing and documenting all required designquality control activities necessary to control the design development. Technical checking ofdesign outputs (reports, calculations, plans, etc.) against the required design inputs described inthe Design Basis Manual shall be accomplished by persons with equal (or higher) qualificationsto that of the designer, independent from the design of the Work being checked. Technicalchecking procedures and records shall be described in the Quality Management Plan. Recordsshall 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 assurancerecords review, and owner reviews. The Quality Management Plan shall describe each type ofreview, as well as the process and records generated for comment resolution. Design Reviewsshall 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 allpermanent and temporary Work.

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

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

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

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



The Concessionaire shall electronically input copies of quality assurance/quality control recordsinto RTD's quality records database within seven days of final approval by the individualdesignated by the Concessionaire as its Quality Manager (or his authorized designee)[CDRL #9-31], including Manufacturer Certificates of Compliance, Inspection Records,Materials Test Reports, Audit Records, Nonconformance Records, Corrective and PreventiveAction 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 oftest. RTD shall provide access to RTD's quality records database via a secure internet link. Inputof quality records may be accomplished either through direct entry or through the establishmentof an automatic file transfer protocol from the Concessionaire's own records control system. RTDwill 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 theWork. The Quality Management Plan shall describe procedures for verification of integratedtesting, system safety critical items, non-conformances, and punch lists prior to opening a facilityto the public or final commissioning. Additional detail is provided in Part D (Verification andDemonstration) 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 todetermine the extent to which the Work meets the requirements of the Agreement. Theseassessments are not intended to replace the Concessionaire's own quality assurance/qualitycontrol activities. Assessments include the following:

(a) Design Reviews. RTD shall review Concessionaire Design Submittals for compliancewith the requirements. [CDRL #9-32] RTD shall forward all design review comments tothe Concessionaire through the RTD Quality Management Oversight database (QMODatabase), a secure web-based application. The Concessionaire shall respond to RTD'scomments through the QMO Database. RTD shall provide the Concessionaire with useraccounts and training for this purpose.

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

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



(d) Management Audits. RTD shall conduct periodic audits of the Concessionaire'smanagement programs, such as Quality Assurance, Safety, Environmental Management,Public Involvement, etc. RTD audits shall be conducted in accordance with ISO19011:2002, Guidelines for Quality and Environmental Management Systems Auditing.At the conclusion of each audit, RTD shall transmit and audit report to theConcessionaire summarizing the audit findings.

(e) Corrective Action Requests. If systemic non-compliances are identified through audits,or any of RTD's quality oversight processes described in this section, RTD may require awritten corrective action plan and response from the Concessionaire, which shall identifythe root cause of such noncompliance and the corrective action to be taken by theConcessionaire within 21 days of notification from RTD [CDRL #9-33 & #9-34]. TheConcessionaire shall implement the corrective action plan and RTD shall verify that thecorrective 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 theCommuter 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 shallensure that its employees, Project Contractors and Subcontractors implement those requirements.The Concessionaire shall regularly (not less than annually) update the safety and security plansdefined in the following sections. The Concessionaire shall also coordinate with RTD commuterrail system safety and security measures for the Commuter Rail Network with the rest of RTD'soperating system.

8.1 SAFETY AND SECURITY MANAGEMENT PLAN

The Concessionaire shall prepare a plan (a Safety and Security Management Plan or SSMP) inaccordance with FTA Circular 5800.1: Safety and Security Management Guidelines for MajorCapital Projects. [CDRL #9-35]

8.2 SYSTEM SAFETY PROGRAM PLAN

The Concessionaire shall prepare and submit to RTD a plan (the System Safety Program Plan orSSPP) that identifies the Concessionaire's safety management approach during all stages of theDesign/Build Period. The SSPP shall be based on the American Public TransportationAssociation's Manual for the Development of Rail Transit System Safety Program Plans forCommuter Railroads, FRA requirements and USDOD MIL-STD 882D. [CDRL #9-36]

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 alltimes.

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 safetydocumentation configuration, hazard identification and resolution, safety and security



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

The SSPP is subject to FTA and FRA review and concurrence prior to authorization foroperation. No later than five days following RTD's confirmation that the SSPP complies with therelevant requirements, RTD will submit such plan to the FTA and the FRA and any otherRelevant Authority on the Concessionaire's behalf. The Concessionaire shall not amend, modifyor vary the SSPP that RTD has submitted to the FTA, the FRA and any Relevant Authority at anytime without the approval of RTD and such Relevant Authority.

8.3 HAZARD MANAGEMENT

The Concessionaire shall develop and implement a process (the Hazard Identification Analysisand Resolution Process) [CDRL #9-37], which shall be consistent with FTA's Hazard AnalysisGuidelines for Transit Projects Report #DOT-FTA-MA-26-5005-00-01, FRA's Collision HazardAnalysis Guide: Commuter and Intercity Passenger Rail Service and FRA's Approach toManaging Gap Safety. During the Design/Build Period, this process shall be used to minimize oreliminate potential hazards, support early hazard identification, integrate safe operatingprocedures into system design and service, and provide for constant and continuous safetyevaluation and assessment.

The Concessionaire shall prepare a hazard log and a preliminary hazard analysis (the PreliminaryHazard Log and Analysis or PHLA) [CDRL #9-38] 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 gapsafety analysis.

Subsequent to performing the initial hazard analysis, the Concessionaire shall identify andimplement resolution or mitigation factors to reduce the classification of identified hazards andreclassify identified hazards considering the resolution approved by the ESSC. The PHLA shallbe regularly updated to track mitigation progress. In resolving, eliminating, and/or mitigating theidentified hazards, the Concessionaire shall utilize the following system safety precedents:

(a) design for minimum risk;

(b) incorporate safety devices;

(c) provide warning devices; and

(d) develop procedures and training.

Prior to completion of the final design the Concessionaire shall prepare a finalized version of thePHLA (the Final Hazard Log and Analysis or FHLA). The Concessionaire shall ensure that allrecommendations and hazard mitigation measures are incorporated into the final design andprocedures. [CDRL #9-39]

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



8.4 SAFETY AND SECURITY CERTIFICATION

The Concessionaire shall prepare and implement a plan (the Safety and Security CertificationPlan or SSCP) that describes the Concessionaire's plans for verifying that all the Eagle Projectelements are satisfactorily completed and result in a Commuter Rail Network that is safe forpublic conveyance. The Concessionaire is responsible for ensuring that the necessary elementsrequiring certification are addressed. The Concessionaire shall comply with the FTA's Handbookfor Transit Safety and Security Certification Report # FTA-MA-90-5006-02-01 in thedevelopment of the SSCP. [CDRL #9-40]

RTD will audit the Concessionaire's compliance with, and progress against the Safety andSecurity 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 identifiesthe approach to threat and vulnerability management of the system, consistent with FTA's TransitSecurity Design Consideration Report #FTA-TR1-MA-26-7085-05. During the Design/BuildPeriod, the System Security Plan shall include documentation of efforts to minimize or eliminatepotential security risks affecting both Passengers and assets including the incorporation of CrimePrevention through Environmental Design. The Concessionaire shall update and submit theSystem Security Plan to RTD annually, or more regularly as necessary to reflect significantproject developments. [CDRL #9-41]

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

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

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

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

(d) staffing the CRMF site with uniformed security guards on a 24-hour basis, once majorequipment 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 resolutionprocess [CDRL #9-42] into its design approach, to establish that security systems include



satisfactory provision for the detection, deterrence, and response to malevolent acts in theplanning, design and operation of the Commuter Rail Network. The Concessionaire shall utilizethe 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 Phase 1 Effective Date and continue throughout theDesign/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 #9-43] Updates of theseactivities shall be submitted to RTD and shall be subsequently updated at intervals throughout theDesign/Build Period.

Prior to completion of the final design, the Concessionaire shall prepare a finalized version of thePTVA (the Final Threat and Vulnerability Analysis or FTVA). The Concessionaire shall ensurethat all recommendations and hazard mitigation measures are incorporated into the final designand procedures. [CDRL #9-44]

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

8.7 CONSTRUCTION SAFETY REQUIREMENTS

8.7.1 Summary

The requirements of this Section 8.7 shall apply to the Concessionaire, the Project Contractorsand all Subcontractors. The Concessionaire shall use best efforts to achieve RTD's safety goal ofZero Lost Time on all of its construction projects.

By Law, employers are required to make every attempt to provide a safe workplace for theirworkers. RTD is committed to protecting the health and safety of its employees and all thoseperforming work on the Sites. The Concessionaire shall demonstrate the same commitment, andshall ensure that the Project Contractors and the Subcontractors and their respective employeesalso demonstrate the same commitment.

The Concessionaire shall provide and develop a safe and healthy work environment during theDesign/Build Period. The Concessionaire shall develop its own security means and measureswhile 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 Concessionaire's substance abuse and drug testing program;

(e) the Return to Work Program;

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

(g) 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 SafetyProgram) [CDRL #9-45] conforming to the requirements of the RTD FasTracks ConstructionSafety Guidelines. The Safety Program shall be submitted to RTD for review prior to startingconstruction 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 foreach trade and shall be adhered to by the Concessionaire, the Project Contractors and allSubcontractors. The Safety Program shall include the following standard practices:

(a) a training program for instructing personnel to recognize and avoid unsafe conditions andto apply good safety and health practices, including proper work attire and PersonalProtective 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 OCIP safety requirements (hard hats, safetyglasses, steel toe work boots, reflective vest, long pants and short sleeve shirts, at aminimum);

(c) an orientation and training program for instructing all visitors and personnel havingaccess to the site to recognize and avoid unsafe conditions along with applying goodsafety and health practices and requirements for the acknowledgement and signing ofwaiver release forms by visitors;

(d) a system to communicate revisions in safety regulations, policies and procedures to allpersonnel and shall submit ongoing documents to both RTD and all governing agenciesas 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'soperations in the event of non-compliance to policies or procedures by either theConcessionaire, Project Contractors, Subcontractors, visitors or suppliers;

(h) a formal procedure for issuing Safety Violations Notices to persons or theConcessionaire, Project Contractors and Subcontractors, if found to be in violation ofestablished 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 orregulations. The documents must also establish necessary actions to correct the violationand establish follow-up procedures to immediately eliminate the hazard or violation; and

(j) comprehensive procedures and policies which establish guidelines for communicationand 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 acceptanceand approval of the Safety Program.

Acceptance by RTD of the Safety Program shall not constitute a waiver by RTD of its rightsunder Section 35.1 (Concessionaire Indemnity) of the Agreement, and the Concessionaire shallremain liable for all and any loss, damage and/or Claims arising from a failure of the SafetyProgram 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 otherresponsibilities under the Agreement, or applicable local, State or Federal safety statutes andregulations.

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 ConstructionSafety Manager will be responsible for performing and controlling the overall jobsite safety forthe 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 forthe duration of the Design/Build Period. The Concessionaire shall maintain and post requirednotices, Federal, State and local, as required under applicable Law. The Concessionaire shallmaintain 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 isposted at each Construction Site. The Concessionaire shall display a copy of applicable MaterialSafety Data Sheets, emergency phone numbers, all written safety rules and the applicable Federaland 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'sname 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, andcompliance to design specifications. It is standard practice that RTD work through theConcessionaire's supervision and not directly with the Concessionaire's employee. However,actions that jeopardize personnel safety, company property, or security, may be dealt with directlyby 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 programset out in Section 46 of the RTD FasTracks Safety Guidelines and the OCIP safety requirements.The Concessionaire shall be responsible for all costs associated with such drug testing in relationto the Eagle Project.

8.7.6 Safety Precautions

The Concessionaire shall, at its sole cost, protect and guard the Work and shall be responsible forplanning, initiating, maintaining, supervising, and enforcing all measures, procedures,precautions, and programs for the greatest safety and protection of the Work, for any and allpersons, 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 ConstructionSafety Guidelines. The Concessionaire shall be responsible for the safety of the Concessionaire'spersonnel.

By way of illustration, and not by way of limitation, the Concessionaire shall, as applicable to itsdivision 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 protectivedevices necessary for the prevention of injuries and damages and for the protection of theWork, persons and property;

(c) comply with applicable Laws and orders of any public authority and codes relative toprotection and safety of the Work, persons and property. Comply with all railroad safetyregulations and requirements;

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

(e) provide the means, procedures and equipment; prevent or control water from entering orcollecting on site; lawfully dispose of water in such a manner as to cause no damage orinjury 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 withapplicable safety regulations;



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

(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 appropriateUnderwriters Laboratory label; continuously supervise the use of such devices; andprohibit 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 otherflammable material from the site;

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

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

(n) prohibit the storage and preparation of paint, varnish, gasoline, volatile substances, orother matter having low flash points on the job site, except in accordance with applicablesafety 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:

(x) 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;

(y) maintain all public ways within or adjacent to the job site in such condition that they maybe 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 noncompliancewith applicable safety codes and regulations. The Concessionaire shall bear all costs andexpenses incurred as a result of such work interruptions.

RTD shall notify the Concessionaire of any noncompliance with any Health Safety and SecurityRequirements and of the need for corrective action. The Nonconformance Notice, whendelivered 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 writtennotification.

After receipt of the Nonconformance Notice, the Concessionaire shall immediately takecorrective action. If the Concessionaire fails or refuses to take corrective action promptly, RTDmay issue an order stopping all or part of the Work until satisfactory corrective action has beentaken in accordance with Section 23.2 (Suspension of Work) of the Agreement. TheConcessionaire shall not be entitled to claim a Relief Event under Section 38.1(q) of theAgreement 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 Concessionaireshall act at its discretion to prevent damage, injury or loss. The Concessionaire shall include anoutline of the emergency response as part of the Concessionaire's safety program and jobsitesafety orientation.

8.7.9 Accident Reports

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

8.7.10 Return to Work Program

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

As a condition of the project safety program, all are required to participate in the Eagle ProjectReturn to Work Program. All contractors are required to make every effort to return injuredworkers back to work, as soon as possible through modified or light work duty. Work tasks shallmeet 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 Project Contractors and all Subcontractors must comply withthe Return to Work Program;

(b) should any injury occur and the primary health care provider allows modified light workduty, the Concessionaire shall evaluate overall work tasks available and assign theinjured 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 asthe 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 theWork to its former condition and to the reasonable satisfaction of any property owners or anygovernmental authority affected thereby.

8.7.12 Working Conditions

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

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

8.8 SECURITY PROCEDURES

8.8.1 Security Management Plan

The Concessionaire is responsible for providing and developing a secure work environmentduring the performance of the Work. The Concessionaire shall develop its own security meansand measures while still maintaining full responsibility for the security of the Work throughoutthe Design/Build Period. The Concessionaire shall prepare, submit to RTD for review andapproval, and implement a plan (the Security Management Plan) [CDRL #9-46].

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, andprograms for the protection of the Work, for any and all persons, and for any and all property inaccordance with applicable Laws. The Concessionaire shall be responsible for the security of theConcessionaire's personnel.

The Concessionaire shall:

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

(b) provide and maintain adequate protection for all adjacent properties, whether or notutilized by the Concessionaire, which may be affected by the Work.

9. PUBLIC INFORMATION

9.1 OBJECTIVES

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

9.2 BACKGROUND

The existing RTD public information program for FasTracks (the FasTracks PI Program) wasdeveloped to establish and maintain a high level of communication and outreach to variousStakeholders throughout the FasTracks Plan. The public information and communicationsfunction is an essential part of keeping communities connected and engaged throughout theFasTracks Plan process, and of identifying and resolving issues and concerns. As the FasTracksPlan evolves, the public's participation evolves as well. During the planning phase, the FasTracksPI Program provides an opportunity for the public to provide input, then as the program movesinto the construction phase and on into operation, the FasTracks PI Program is designed to informand educate the public. The goal is to establish a FasTracks PI Program that honors the publicdesire for participation and information while ensuring that the Eagle Project moves forward onschedule.



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

9.3 PUBLIC INFORMATION PLAN

The Concessionaire shall develop and implement a plan (the PI Plan) [CDRL #9-47] outliningthe various strategies and activities that will be utilized to keep the public and key Stakeholdersinformed and engaged in the Eagle Project. The Concessionaire shall submit the PI Plan to RTDfor review and approval. The PI Plan shall follow the structure established in RTD's FasTracksStrategic Public Information and Involvement Plan4 including:

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

(i) Local elected officials;

(ii) City and County staff;

(iii) Colorado Department of Transportation (CDOT);

(iv) Residents;

(v) Commuters;

(vi) DIA;

(vii) FTA;

(viii) FAA;

(ix) the Project Third Parties;

(x) the trucking industry;

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

(xii) Neighborhood associations;

(xiii) Businesses;

(A) Small businesses; and

(B) Large employers;

(xiv) Delivery and courier services;

4 See Reference Data Item No. 3GCP.



(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 positiverelationships with government stakeholders and partners.

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

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

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

9.4 PUBLIC INFORMATION TEAMS ROLES AND RESPONSIBILITIES

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

A team of representatives of RTD (the RTD PI Team) will have primary responsibility forgeneral FasTracks Plan communications, including communications with the media of a generalnature and media relations. During the Design/Build Period RTD will assign an employee tooversee 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 Teamand the Concessionaire PI Team. The RTD PI Liaison will attend Progress Meetings, assist in theplanning and orchestration of community meetings and outreach, coordinate messaging with theRTD 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 forlarge 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 requiredto support the PI effort.

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

Table 9.4

PI Teams Roles and ResponsibilitiesAREA/TASK ROLE OF EACH TEAM

Concessionaire PI Team RTD PI TeamConcessionaire PIProcess

Assign Concessionaire PI Liaisonto represent ConcessionaireDevelop PI PlanStaff team as necessary toimplement PI Plan

Implement PI Plan Assign RTD PI LiaisonReview PI PlanOversee implementation of PIPlan

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

Provide internet-based issuestracking application

Work with RTD PI Team onresolving issues

Assist in tracking and resolutionof project issues

Lead resolution of design andconstruction related issues

Lead resolution of program-wideor general project issues

CrisisCommunications

Develop and provide a crisiscommunications plan[CDRL #9-48] for addressingdesign and construction relatedincidents

Develop overarching crisiscommunications plan foraddressing general project orprogram-related incidents

The crisis communications planwill adhere to guidelinesestablished in the RTD FasTracksCrisis Communications Plan




Concessionaire PI Team RTD PI TeamGovernmentRelations

Assist RTD PI Team oncommunications withgovernment officials

Coordinate communications suchas Elected Officials Briefingswith government officials

Create and distribute constructionupdates

Review construction updates

Media Relations Follow FasTracks Plan MediaGuidelines and Procedures

Provide FasTracks MediaGuidelines and Procedures for allprogram and project teammembers

Develop Eagle Project protocolfor handling design andconstruction related mediainquiries

Review and approve design andconstruction related news releases

Answer design and constructionrelated media inquiries

Answer general project-related orprogram-related media inquiries

Write and distribute design andconstruction related news releasesand materials

Write and distribute generalproject-related or program-relatednews releases

Public Outreach Plan and host public meetings asappropriate dependent on EagleProject status and activities.Results of PI should be providedas part of the public outreachmeetings

Approve plan, format, locationand content of meetings

Websites Maintain design and constructionrelated internet content andupdates on Eagle Project pages ofwww.rtd-fastracks.com,including upcoming construction,impacts to traffic, residents andbusinesses; posting of a look-ahead construction schedule.Field and answer questions andcomments submitted throughwww.rtd-fastracks.com. TheConcessionaire will be providedwith administrative access toEagle Project sections ofwww.rtd-fastracks.com.

Provide main design and hostingfor www.rtd-fastracks.com.Update general projectinformation on corridor section ofwww.rtd-fastracks.com.

http://www.rtd-fastracks.com,








Concessionaire PI Team RTD PI TeamKey Messages Develop design and construction

related project messages for RTDand Concessionaire

Review and approveconstruction-related messagesDevelop program key messagesand general project key messages

Graphic Design Provide graphic design servicesfor design and constructionrelated informational materials

Provide graphic design servicesfor general project informationalmaterials

Adhere to FasTracks Plan designtemplates for all materials

Provide informational materialdesign templates

Project Identity Produce informational materialsin accordance with establishedcorridor identity

Design and provide corridoridentity to Concessionaire PIteam

WrittenInformationalMaterials

Provide content, layout,production and distribution ofdesign and construction relatedinformational materials

Provide informational materialsdesign templatesApprove informational materialsprior to release

Stakeholder List Maintain Stakeholder ListAssist in communications to keyEagle Project Stakeholders

Provide template for contactmatrixDevelop and update contactmatrix of key programStakeholders (the StakeholderList)Coordinate key programStakeholder communication andmaintain records of all suchcommunications

Speakers Bureau Develop and deliver presentationsto community or Stakeholdergroups

Approve development anddelivery of presentations tocommunity and Stakeholdergroups

Spanish LanguageTranslation

Provide written and verbalSpanish language translationservices

Provide Spanish-language transitnomenclature

Emergency PhoneLine

Provide a 24/7 emergency phonenumber to be responsive andassist Stakeholders in the eventthat a construction-relatedActivity results in an emergency,crisis or incident warrantingimmediate assistance or attention.The number will be answered at

Provide conduit to RTDmanagement




Concessionaire PI Team RTD PI Teamall times during constructionAdvise RTD PI Liaison ordelegate immediately

Information line Coordinate design andconstruction updates on projectsection of FasTracks InformationLine with RTD PI LiaisonUpdate recordings of design andconstruction related informationProvide staffed project officephone number for callers to opt-out of recorded messages duringbusiness hoursPlace return calls to non-emergency calls within 24 hours

Provide FasTracks InformationLine architecture and hostingReview recorded updates

Special Events Participate in planning andorchestration of Eagle Projectspecial events as needed

Facilitate planning andorchestration of Eagle Projectspecial 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 twoblocks of the construction Sites at least one month prior to the start of Work to allow businessowners 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 toresidents and businesses within two blocks of the construction Sites. The notification will be inthe form of door hangers or flyers distributed door-to-door as well as notifications via the EagleProject pages of the FasTracks Website and via email to the Stakeholder List.

9.5.2 Elected Official Briefings

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



9.5.3 Public Involvement

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

The Concessionaire shall plan and host a minimum of three public information meetings andthree special interest group information meetings at times to be mutually agreed by theConcessionaire and RTD to present progress on the following design elements, as described inPart B and Part C of Attachment 7 (Design, Construction and Rolling Stock Requirements) atlocations 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) Station architectural style including the design and aesthetic treatment of stationcanopies, canopy columns, windscreens, pavement material and color for transitionplazas, walls, fencing, railings and platform furnishings.

Feedback on Rolling Stock hand rails and hand grips, and station canopy design and color shallbe incorporated by the Concessionaire to the extent possible without cost increases.

9.5.4 Stakeholder Involvement

The Concessionaire will coordinate with CDOT, the City and County of Denver, the City ofAurora, E-470 Public Highway Authority, and DIA, Adams County, the City of Arvada, and theCity of Wheat Ridge (depending on the location of the work) on the aesthetic components ofbridge structures and retaining walls that may be modified without impact to the schedule or tothe base project cost. Such aesthetic components for which the Concessionaire will accept inputare bridge railing color, bridge fence type (may be either post-and-cable or chain link, asnecessary to comply with safety regulations), and structural concrete coating color for bridges,where applicable.

The Concessionaire shall develop a minimum of three aesthetic styles for the surface treatment ofmechanically stabilized earth retaining wall panels and will allow the cities and agencies tochoose from those styles for the treatment to be applied at each wall location.

Stakeholder requests for aesthetic components with cost or schedule impacts will be classified asRefinements, Enhancements, or Betterments per the "FasTracks Stakeholder ParticipationPolicy". The Concessionaire shall advise the Stakeholder to submit any request that is aRefinement, Enhancement, or Betterment to RTD.

9.5.5 Denver International Airport

The Concessionaire shall coordinate with the DIA Public Affairs group (Public InformationOffice 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. TheConcessionaire shall coordinate with DIA to provide construction activity notification specificallyto DIA vendors and other DIA-related stakeholders.



10. FACILITIES

10.1 OFFICES AND OFFICE FACILITIES

The Concessionaire shall provide space and facilities to allow RTD staff and, for the term of theIndependent Engineer's Agreement, the Independent Engineer, to share the same building oroffice complex with the Concessionaire's staff. The Concessionaire shall be required to furnishRTD'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, and be available foroccupancy no later than 60 days after the Phase 1 Effective Date (the RTD Offices).

The Concessionaire shall maintain the RTD Offices until at least 90 days following the end of theDesign/Build Period unless otherwise agreed to by RTD. RTD may, at its option, vary thenumber of its staff throughout the Design/Build Period. However, the Concessionaire shallmaintain the initial number and size of the RTD Offices, conference rooms, reception area, breakroom and filing area (the RTD Office Facilities) until 90 days following the following the end ofthe Design/Build Period.

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

The Concessionaire shall provide and maintain for RTD:

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

(b) 3 color laser printer/copiers including paper, toner, parts, service, and repairs;

(c) office space not less than the size indicated below, each with telephone and networkconnections:

(i) 20 private offices: 150 square feet of enclosed office space (with door) per office;and

(ii) 40 partitioned offices: 100 square feet enclosed office space per office(cubicles/partitions are acceptable).

(d) one enclosed conference room with doors capable of accommodating a 30 personmeeting, with at least 50% of seating capacity at the conference table. This can be ashared conference room between the Concessionaire and RTD;

(e) one enclosed conference room with doors for RTD's exclusive use capable ofaccommodating a 20 person meeting, with a 15 person seating capacity at the conferencetable. The conference room shall be in an adjacent space to the RTD Offices;

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

(g) break room: 150 square feet with sink, counter, dishwasher, microwave, and 20 cubicfoot 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 roomshall also have two 30 inches by 72 inch utility tables with two chairs each;

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

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

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

(iii) OSHA-approved desk chair;

(iv) extra office chair;

(v) hanging, erasable white board, four foot wide minimum

(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, sufficient for all project vehicles plus no less than tenvisitor spaces that are shared with the Concessionaire;

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

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

(o) facilities that meet Americans with Disabilities Act (ADA) access requirements and meetall 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.

(r) RTD will provide and maintain for itself a T1 line (or equivalent), a network server, andcomputers in each RTD workspace.



10.2 PROJECT VEHICLES

The Concessionaire shall provide to RTD within 60 days after the Phase 1 Effective Date, oneeight-passenger vehicle, ten five-passenger, 4-wheel drive, sport utility vehicles (SUVs) and fivesmall 4-wheel drive pickup trucks. The Concessionaire shall provide to RTD within 60 days afterreceipt by the Concessionaire of the Phase 2 Notice to Proceed, an additional five five-passenger,4-wheel drive, sport utility vehicles and an additional five small 4-wheel drive pickup trucks.

All vehicles shall have been assembled in the United States and provided to RTD includingdelivery 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.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 shallinclude, at a minimum, four doors on the SUVs and the eight-passenger vehicle, automatictransmission, air conditioner/heater, and a yellow flashing beacon. Ownership and title or leaseobligation of the vehicles shall always rest with the Concessionaire. In case of fire, theft, orbreakdown, the Concessionaire shall repair or replace vehicles within 48 hours of suchoccurrence.