RTD_Snow_Removal_SOW_Final.pdf

REGIONAL TRANSPORTATION DISTRICT

TECHNICAL

SPECIFICATIONS FOR

SNOW REMOVAL SERVICES

LIGHT RAIL STATIONS

1. SCOPE OF WORK

The Contractor shall be responsible for providing snow and ice removal at RTD light rail stations, Park-n-Rides, Parking structures, and all RTD property listed within these Technical Specifications. Services shall be provided in accordance with the following requirements as stated within these technical specifications. The services provided by this contract will cover all areas of listed stations unless specifically excluded in the station description.

It is the responsibility of the Contractor that all pedestrian and vehicle areas are free from all Dangerous Conditions at all times. A Dangerous Condition means a physical condition of a facility or the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist.

The Contractor will be legally responsible for any Dangerous Condition that it causes or if it fails to remove a Dangerous Condition as required by these technical specifications. Proper insurance coverage, listing RTD as an additional insured, will be required to cover any and all claims resulting from accidents and the Contractor or its insurer shall defend any lawsuits claiming improper maintenance.

The main objective of these snow removal services is to maintain RTD sites and its surrounding areas to be snow and ice free for patrons using RTD transportation services. A Snow Removal Plan, Quality Control Plan, and a Staffing Plan are required to be submitted with your proposal that addresses these specifications. A final version of these Plans shall be approved by RTD and shall be incorporated into the Contract by reference.

2. TRACKING AND REPORTING SYSTEMS

RTD requires the use of a quality control mobile app to submit reports with photos to document the Services being completed at every location. RTD shall receive reports from the daily service crew and quality control personnel. Some acceptable mobile apps include Eponic, MapToTrack, Nrby, and Sitefotos; Contractor may propose an application not included in this list. Contractor should include which application is being proposed in their submittal with an example report. The Contractor shall also provide RTD with a login to the application dashboard to access stored reports at no additional cost to RTD.

All vehicles utilized under this specification including, but not limited to, plow vehicles, supervisor vehicles, large equipment and any vehicles used by quality control and management personnel are required to be equipped with a vehicle tracking system (i.e.: GPS based). This system shall be accessible by RTD on an unlimited basis. The system must provide the following: live tracking, location updates every 3 minutes, location reports and ability to access vehicle location reports for the previous 30 days and to preserve such reports upon the request of RTD. The Contractor shall address vehicle-tracking equipment on company vehicles in their Snow Removal Plan.

3. SPECIAL SAFETY REQUIREMENTS

All personnel performing work under this Contract must be properly trained on all safety aspects related to this type of work; this includes the selection and proper use of Personal Protection Equipment (PPE) as required, appropriate industry specific training (OSHA compliance training), and to comply with RTD's Roadway Worker Protection (RWP) requirements. Documentation demonstrating training on safely working in an environment with moving trains is of concern. All contracted personnel must have their current RWP on their person at all times while working under this Contract. The RTD RWP training must be completed before any Contracted personnel may work within 25' of the track area. This training requirement includes all temporary personnel.

The Contractor's personnel are required to attend a special RWP training session provided by RTD training staff on the proper behavior around RTD light rail track platforms and RTD patrons at no additional cost to RTD or to the Contractor.

RTD may, at RTD's sole discretion, provide a "train the trainer" class with a test that shall allow a Contractor employee to train its employees. The training is good for two years and must be renewed prior to expiration. If the Contractor is granted permission to train its employees, it is of the utmost importance that all training be thorough and be tailored by the trainer to specifically address the Scope of Work. Any falsification of training or test material shall not be tolerated and may result in liquidated damages or contract termination.

All Contractor personnel that have received and are current with RTD RWP Training must wear orange safety vests with the Contractor's name printed on the back. Contractor personnel that are not current with RTD RWP Training must wear green safety vests with the Contractor's name printed on the back.

Personnel without current RWP Training must not work within 25' of the light rail platforms.

Contractors are required to attend Light Rail Access meetings at RTD’s Rio Court facility (1350 Rio Ct. Denver, CO 80204) to obtain their monthly Maintenance of Way MOW permit. The Light Rail Access Allocation meetings are held every Wednesday at 2pm at the Rio Court facility. Permits must be emailed to cpf@rtd-denver.com no later than the first day of each month.

RTD property defined as Maintenance of Way (MOW or track area) is NOT included in this contract with the exception of station platforms or other clearly defined responsibilities included in other portions of this contract. MOW area is typically defined as the track area and the area approximately five (5) feet on either side of the rail when working outside of the platform area. Areas within the station that are ballasted (deep track, not embedded with concrete) are MOW areas that are excluded from this contract. Areas within the station with paved track are also MOW areas that are excluded from this Contract with the exception of the pedestrian crossing areas. All pedestrian crossing areas should be shoveled by hand and extreme caution shall be used at all times. Under NO circumstances shall the Contractor use any equipment, motorized or otherwise, in the MOW areas other than the pedestrian areas. Areas outside of the stations that are MOW will typically have a fence or wall defining the MOW area within about five (5) feet of the outside rail. Walls defining the MOW area will be the responsibility of the contractor to maintain on the surface facing away from MOW as shown on the detailed specifications. Bridges and overpasses are MOW areas with the exception of surfaces less than twelve (12) feet high facing away from or below MOW area.

Under no circumstance shall a contractor employee ever enter a MOW area except as shown on the detailed specifications.

4. GENERAL REQUIREMENTS

Communications A. Upon verbal or written notification, the Contractor shall respond and remedy any Dangerous Condition (see section 12) and/or unacceptable condition within (1) one hour after receipt of notification that such conditions exist. It is the contractor’s responsibility to monitor email and voicemail to ensure response times follow contract specifications.

Correction of either a Dangerous Condition or an unacceptable condition shall not be billable. A quality control inspection form shall be completed to include photographs or video and submitted to RTD via reporting app to properly document that the condition has been corrected. All communication shall be conducted via one contractor email address and one primary phone number.

B. Report any damage or safety hazards to RTD facilities immediately upon discovery by calling RTD Facilities Maintenance Department at 303-299- 3303 and leaving a detailed message describing the incident.

C. Contractor is responsible for providing, without additional reimbursement, all labor, vehicles, equipment, and all machinery, power tools and hand tools required to perform work, including all gas/oil, tires, etc. for machinery or vehicles. Contractor shall provide copies of all MSDS sheets for any products they intend to use on RTD property. All products shall be approved by the RTD Safety Division before use.

D. Contractor shall provide means of communication with their staff so that they may be dispatched for dangerous conditions or other activities as requested by RTD. Emergency service is not reimbursable and must be responded to and remedied within 1 hour (with consideration given for travel time). All requests for such services shall be channeled through the Contractor’s supervisor. At no time shall RTD be required to contact the Contractor’s employees directly.

E. RTD shall have immediate access to the Contractor’s Supervisor and/or a backup supervisor twenty-four (24) hours per day, seven (7) days per week. In the event a message taking system should be employed, a response back to RTD must be returned within fifteen (15) minutes from the time the message was left on the answering system. Failure to comply shall result deductions from retainage and in a formal written warning which, if five such warnings accumulate, may lead to contract termination.

F. While administering services on RTD property, the Contractor’s employees should report any vandalism or suspicious activity to their supervisor and/or the appropriate police department. The Contractor Supervisor should then notify RTD Dispatch (303-299-3000) as soon as possible and give detailed information regarding the activity.

G. Contractor supervisory personnel assigned to this contract shall be able to speak English for the purpose of reporting incidents and communicating with RTD Dispatch and other RTD management personnel.

H. Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the business image RTD presents to customers and visitors. During business hours, contractors are expected to present a professional, clean and neat appearance and to dress according to the requirements of their positions.

RTD issues a picture identification badge. Contractors must wear the photo ID in all RTD facilities and during working hours. Promptly report loss of an ID badge to a Public Facilities Contracted Manager. ID badges will cost $25.00 to replace, payable by check or money order, unless a valid police report is presented to RTD representing the badge was stolen. Railway Worker Protection (RWP) card must also be on each employee working within the MOW area.

I. Contractor management personnel shall meet with RTD management when requested to discuss issues relating to snow removal services. Contractor’s supervisory personnel shall be available during regular working hours to meet RTD supervisory personnel at the RTD site to resolve problems that have not been satisfactorily dealt with by telephone.

J. While no licensing or permit requirements are known to exist at this time, the Contractor shall be responsible for acquiring and maintaining all required authorizations, including authorizations for traffic control, etc. in the event it becomes necessary.

K. Contractor (and subcontractor) shall have signage on both sides of the vehicles used for work under this contract. Signage shall state the company’s name and display a business telephone number. Contractor shall not label vehicles with “RTD Contractor”. All service vehicles assigned to perform snow removal services at RTD properties under this contract shall be equipped with traffic strobe lighting. Such hazard warning equipment shall be properly operated during snow removal activities. The contractor will address vehicle signage and hazard warning equipment on company vehicles in their Snow Removal Plan.

L. The Contractor shall be able to always send and receive e-mail communications with photos/video to and from designated RTD personnel.

M. The Contractor shall be solely responsible for the training, conduct and supervision of its personnel. RTD shall communicate with the Contractor primarily through authorized supervisory personnel. If for some reason authorized supervisory personnel are not available, RTD can give simple directions to the Contractor’s employees, primarily if a dangerous condition exists or to request a simple task be performed, such as making sure a certain area is free of ice or snow.

N. The Contractor shall submit a proposal based on the listed items found on the bid schedule. Proposals shall include all labor, materials, and necessary equipment to perform snow removal services at RTD sites listed within these Technical Specifications.

O. In the event the Contractor chooses to subcontract out any of the work listed in this specification, the Contractor must notify RTD in writing. The Contractor must provide the subcontractor’s name, contact information, and the sites being serviced by their subcontractor. When changes to this provision occur, the Contractor must provide RTD with current subcontractor information.

P. The Contractor is responsible for snow and ice removal and to control the pooling of water on all RTD property serviced by this Contract. The Contractor is also responsible for snow removal and ice control on all non-owned attached property where RTD is required to remove snow and ice such as city sidewalks. This includes all pedestrian surfaces and all vehicle surfaces. Vehicle surfaces include, but are not limited to, Park-n-Ride Parking lots, bus lanes, rail crossings, streets, driveways, and Parking garages as shown on the detailed specifications.

5. SNOW REMOVAL

Snow Removal Plan: A Snow Removal plan is required to be submitted with your proposal. All plans will be incorporated into the contract and become part of the contractor’s performance standard. When the contractors plan conflicts with the Statement of Work, the Statement of Work will always take precedence. For a plan to be altered during the period of performance, the contractor must submit the requested adjustment to the RTD Project Manager for review. If the RTD Project Manager approves of the modification, it will then be forwarded to the RTD procurement office for final review and approval. A final version of this Plan will need to be pre-approved by RTD and should include, at a minimum, the following:

A. Detailed information on how the contractor plans to service several locations simultaneously to adequately prepare and maintain facilities entirely free of snow, ice and pooling water prior to and during the 6:00 a.m.to 9:00 a.m. and 3:00 p.m.to 6:00 p.m. Peak Periods, and then to service and maintain all surfaces to be acceptable and free of Dangerous Conditions at all other times including during and after any snow event.

B. Detailed information on anti-icing and de-icing services and equipment that will be used.

C. Detailed information on the snow removal equipment proposed to be used in the detailed specifications for each site.

D. Detailed information on manpower dedicated to snow removal operations to service several locations simultaneously and consecutively.

E. Detailed information on how the contractor proposes to conduct quality control during snow or ice events and effectively monitor conditions during snowstorms, ice storms etc.

F. Detailed information on the manpower and equipment that will be utilized during a blizzard event as determined by the National Weather Service.

Describe the plan of attack for a blizzard event and the conditions we can expect at our facilities to service several locations simultaneously and consecutively. During blizzard conditions 42” paths on walkways and across plaza areas will be acceptable for a limited time. However, platforms should be clear of snow to the maximum extent possible during blizzard conditions to ensure safe operations near moving trains. Please explain in your Snow Removal Plan how this will be achieved

General Snow Removal Requirements It is the responsibility of the Contractor that all pedestrian and vehicle surfaces are always free from all Dangerous Conditions. The Contractor will be legally responsible for all snow and ice removal and the pooling of water on all sites listed in this Contract including the specified Light Rail Line Stations and Park-n-Rides. Proper insurance coverage (listing RTD as an “additional insured”) will be required to cover any claims resulting from accidents and the Contractor shall defend any lawsuits addressing those issues. Snow removal and ice control services on all pedestrian and vehicle surfaces located on RTD property as well as property RTD is legally required to maintain, such as perimeter city sidewalks are included as a requirement of this specification. Vehicle surfaces include, but are not limited to, Park-n-ride Parking lots, bus lanes, rail crossings, streets, driveways, and Parking garages. Pedestrian surfaces include but are not limited to sidewalks, walkways, ramps, stairs, elevators, crosswalks, platforms and plaza areas. RTD’s facilities are continuously relied upon by the elderly and disabled for safe reliable transportation. Snow removal services are expected to be the highest level of service provided in the industry. Please note that RTD uses security cameras at all light rail stations to monitor passenger areas for safety, including looking for Dangerous Conditions caused by snow and ice and monitoring Contractor performance.

A. Ice Control Material: All ice control material must be approved by the

RTD Contracted Public Facilities Manager prior to use. Currently approved RTD ice control material is industry standard ice slicer or magnesium chloride in bus lanes and vehicle surfaces and magnesium chloride on pedestrian surfaces.

B. Ice Control Material Application: Except for areas that have “new concrete” as listed in paragraph “L” (New Concrete Surfaces) below. All surfaces must be treated with an anti-icing material prior to the start of any event that could potentially cause ice to build on pedestrian or vehicle surfaces. Ice control material must then be reapplied as needed after shoveling or plowing to ensure the surfaces are acceptably maintained.

Contractor shall use best industry practices and common sense when applying ice control materials. At a minimum all ice control material must be applied at the suppliers listed application rates. Minimum application rate for Ice Slicer shall be at a rate of one ton per 10,000 square feet.

C. Pedestrian Surfaces: Anti-icing material shall be applied to pedestrian surfaces prior to the start of a snow or ice event. Snow must be removed from pedestrian surfaces as soon as accumulation begins. Ice control material shall be applied after snow removal to ensure an acceptable, clear, ice-free surface is maintained. Snow removal from pedestrian surfaces will continue during the storm to ensure acceptable conditions are always experienced. Only brooms will be allowed to remove snow from all tactile strips.

Snow may NOT be stored on pedestrian or vehicle surfaces without prior written approval. Snow that is pushed into the “deep” or unembedded (unpaved) track area must not rise above the top of the rail.

No snow may be pushed into the track area if the track area is embedded (i.e. paved with concrete). Snow shall not be stored on platforms except for temporary snow storage locations pre-approved by RTD. Snow will be required to be relocated from platforms to acceptable snow storage locations at the end of each storm and prior to crews leaving site. Snow may NOT be stored in an area that will potentially damage landscape. Snow may NOT be stored in an area that, when melting, will cause water to run across a maintained surface. This may require snow to be moved to alternate onsite locations via truck, wheelbarrow or other means at no additional cost to RTD. Upon award, the contractor must submit to RTD within 7 days of award, for review and approval, a detailed snow storage plan. An aerial view of the station with snow storage locations will be acceptable. RTD will walk the stations with the contractor to identify snow storage locations.

D. Bus and Traffic Lanes: Anti-icing material shall be applied to bus lane surfaces prior to the start of a snow or ice event. Bus lanes will be plowed and ice slicer applied to always maintain an acceptable surface. Contractor shall use their best efforts to prevent packed snow/ice from accumulating in bus or traffic lanes and apply ice melting materials and/or scrape areas of accumulation as quickly as possible.

E. Vehicle Surfaces: Anti-icing material shall be applied to all vehicle surfaces prior to the start of a snow or ice event. Vehicle surfaces include, but are not limited to, driveways, access lanes, Parking lots and Parking garages. Vehicle surfaces will be plowed and treated with ice control material to always maintain an acceptable surface. Contractor must use their best efforts to prevent packed snow/ice from accumulating on vehicle surfaces and apply ice melting materials and/or scrape areas of accumulation as quickly as possible.

F. Parking Garages: Metal blades on equipment will not be utilized in RTD parking structures. The only approved blades for parking garages under this specification are rubber and polycarbonate. Contractor will be responsible for repairing any damage to expansion joints caused by snow removal.

G. Tactile Strips: Brushes are the only approved equipment that can be used to remove snow from the tactile strips. Any exceptions to these must be made with approval in writing from the RTD Project Manager or his/her designee.

H. Snow Removal from site: Snow removal and hauling from various contracted locations may be required during heavy accumulations. Snow removal and hauling from contracted locations will be performed on a reimbursable basis utilizing the hourly rates submitted by the contractor only with the approval of RTD. At locations with available onsite snow storage the contractor shall include in the base bid the cost for moving this snow onsite as needed. Moving snow to onsite snow storage is expected at no additional cost to RTD.

I. Sweeping: Any solid material/product used for ice control, traction, etc., must be swept up at no additional cost and removed from RTD sidewalks, stairs, drive lanes, and plazas within twenty-four (24) hours of the snow event in which it was first laid down. This requirement may be waived by the RTD Contracted Public Facilities Manager if snow is expected in the next several days. Ice and snow control products must be swept up and disposed of properly. At no time shall the Contractor place ice control products in the tree pits, flower beds, or sod areas. The Contractor must notify RTD when sweeping operations begin and end.

J. Pressure Washing: It may be necessary to pressure-wash the areas that have been treated by the Contractor with any substance used for snow and ice control. Ice melt shall be washed from platforms and all other steel structures within 72 hours following a snow event to prevent corrosion.

During extreme temperatures this may be extended by the RTD FM Manager. Details about this task are included in Section 3 under Pressure Washing.

K. Appropriately Sized Equipment: Walk behind snow blowers or other mechanical devices or hand shoveling may be necessary wherever vehicular equipment is prohibited or cannot adequately perform the snow removal tasks. Snow brushes are the preferred method of removal when conditions allow. Snow brushes clean the surface of snow much better than shovels or blowers and can reduce the amount of ice melt material required.

L. New Concrete Surfaces: Melting agents shall not be applied on new concrete surfaces. Sand mix only will be applied to all new concrete areas in place of chemicals and will need to be swept up within twenty-four (24) hours after a snow event. RTD shall specify any “new concrete surfaces” for special handling. This requirement will last for one year after the new concrete has been installed.

M. Snow Removal Performance Standard

Contractor is legally responsible to make sure that all areas are free of any Dangerous Condition caused by an accumulation of snow or ice. The Contractor shall place special emphasis to ensure pedestrian and vehicle surfaces are in acceptable condition prior to the 6 a.m. and 3 p.m. peak periods Monday-Friday, however, the contractor is required to ensure Acceptable Conditions are always present and that no Dangerous Conditions exist (including all off-peak hours and weekends and RTD recognized holidays). The contractor shall have adequate equipment and personnel to prepare all surfaces receiving less than 8” accumulation in non-blizzard conditions within three (3) hours.

An Acceptable Condition (surface) is defined as follows:

1. The surfaces are free of snow, melting snow and ice, and dry; or if wet, there is low probability for additional snowfall or of freezing to occur within the next 12 hours.

2. Pedestrian walks, crosswalks, boarding platforms, and drive through lanes have been shoveled or plowed, ice melt chemicals have been applied and slip hazards are not present.

N. Record Keeping

1. It is required that the Contractor keep a summary “Snow Log” for each storm listing at least the location, date, time arrived, time departed, conditions at site, actions taken, equipment and personnel required.

These records shall be provided to RTD within 48 hours after the end of the snow event.

2. It is also required that the Contractor keep copies of the photographic (digital and/or video) evidence of Work performed which have been provided to RTD via quality control reporting app.

6. ADDITIONAL WORK NOT SPECIFIED

Should additional work of a similar nature arise that is not listed in the specifications, RTD may ask the Contractor to provide a price quote for performing the work. If RTD accepts the price quote in writing, only THEN will payment of the hourly rate as proposed be made to the Contractor.

Approved materials, supplies and subcontracted services shall be reimbursed at cost plus 10%. Receipts for reimbursable work shall accompany the monthly services invoice as back-up documentation.

7. QUALITY CONTROL

The contractor must perform quality control for all services provided under this contract.

Quality Control Plan: A copy of the contractor’s quality control plan is required to be submitted with your proposal. All plans will be incorporated into the contract and become part of the contractor’s performance standard. When the contractors plan conflicts with the Statement of Work the Statement of Work will always take precedence. For a plan to be altered during the period of performance the contractor must submit the requested adjustment to the RTD Project Manager for review. If the RTD Project Manager approves of the modification it will then be forwarded to the RTD procurement office for final review and approval. A final version of this Plan will need to be pre-approved by RTD and should include, at a minimum, the following:

A. The “Quality Control Plan” (QCP), is the Contractor’s complete written system for identifying, recording and correcting deficiencies in the quality of services before the level of performance becomes unacceptable.

Preparation of this document is the responsibility of the Contractor.

B. The QCP must include: the system of checklists, inspection methodology, and frequencies must be included in the quality control program. Site inspections must be completed no less than weekly by the assigned project supervisor or his/her pre-approved designee. Monthly quality control inspections shall be completed by a member of the firm’s Senior management such as a corporate officer, regional manager, company owner or other person as pre-approved by RTD. The quality control program must include time and date stamped close up pictures to properly document contract performance. The Contractor must maintain a local file of all quality control inspections conducted by the Contractor including the corrective actions taken. All QC reports and corrective actions taken must be submitted to RTD via the approved quality control reporting app.

C. One quality control inspector must be dedicated to the appropriate Corridor during all snow removal operations. This inspector’s primary duty shall be to perform quality control inspections by going from site to site to ensure the Work is being performed as per Specifications and to coordinate Work as needed. The inspector may assist in snow and ice removal ONLY to assist in alleviating eminent Dangerous Conditions while continuing to monitor quality control. The inspection shall be documented in the Map to Track app.

Contractor shall submit a QC report to RTD for each and every location for which the Contractor is responsible via the quality control reporting app during each event.

D. Upon receipt of the contractor’s quality control inspections RTD will assign one or more quality assurance inspectors to check the contractor’s quality assurance inspections. RTD quality assurance inspectors will also inspect stations to ensure the contractors quality control inspections are affective and all contract requirements are being met. RTD quality assurance inspectors will also monitor day porter performance and other tasks required by the contract. Inspections conducted by RTD will be forwarded to the contractor for review.

8. DEDUCTIONS

See “Deduction Schedule” in Contract Section 8.2 for a list of deduction amounts for work not performed and determined by the process listed therein. Such deductions will be subtracted from the contractors’ monthly invoice following the schedule outlined in that Section.

9. INVOICES/PAYMENT

A. PAYMENT STRUCTURE

a. Compensation for this Contract shall consist of a fixed annual base fee per serviced location (RTD station or park-n-ride), covering all labor and materials described in this Scope of Work (“Fixed Annual Base Fee”), as adjusted by any applicable Variable Snowfall Overage or Variable Snowfall Credit (each as defined below).

b. FIXED ANNUAL BASE FEE

i. The Fixed Annual Base Fee shall be charged on a per-location basis and will compensate Contractor for meeting all contractual obligations based off average snowfall at the serviced locations. Average snowfall for purposes of this Contract is listed under Section C.

ii. The Fixed Annual Base Fee per serviced location shall be divided into nine (9) equal installments for invoicing from September to May.

c. VARIABLE SNOWFALL ADJUSTMENT – Calculated on a per-inch basis at each serviced location.

i. If there is any variance between the average snowfall listed under Section C and actual snowfall, the Fixed Annual Base Fee billed shall be adjusted based on actual snowfall accumulation recorded for each serviced location as set forth in Section C(b) below.

ii. If the actual snowfall total for a month exceeds the monthly average, Contractor shall be entitled to an additional fee equal to the Contractor’s price per inch (as set forth in the Statement of Contract Cost) multiplied by the number of inches, or fraction thereof, by which actual snowfall exceeds the monthly average (“Variable Snowfall Overage”). Any Variable Snowfall Overage shall be added to the Fixed Annual Base Fee billed for that month. The total cumulative inches of snowfall eligible for Variable Snowfall Overage billing at each serviced location shall not exceed seventy-two (72) inches per Contract Year. Once the cumulative total of actual snowfall accumulation billed at a given serviced location reaches seventy-two (72) inches in a Contract Year, no further Variable Snowfall Overage shall be billed for that location for the remainder of the applicable Contract Year, regardless of actual snowfall accumulation.

iii. If the actual snowfall total for a month is less than the monthly average, RTD shall be entitled to a credit equal to the Contractor’s price per inch (as set forth in the Statement of Contract Cost) multiplied by the number of inches, or fraction thereof, by which actual snowfall falls below the monthly average (“Variable Snowfall Credit”). Any Variable Snowfall Credit shall be deducted from the Fixed Annual Base Fee billed for that month, capped at the amount of the Fixed Annual Base Fee.

B. MONTHLY INVOICING

a. The Contractor shall submit one consolidated monthly invoice to include the Fixed Annual Base Fee with any applicable Variable Snowfall Overage added or Variable Snowfall Credit deducted based off actual accumulation.

C. SNOWFALL MEASUREMENT FOR BILLING PURPOSES

a. The monthly snowfall averages for this Contract are defined in the tables for each rail line below:

225 LINE AVERAGE SNOWFALL (IN INCHES)

Sept. Oct. Nov. Dec. Jan. Feb. Mar. April May TOTAL

0.1 2.5 6.3 5.6 6.9 9.8 9.1 6.2 2.1 51.6

SE LINE AVERAGE SNOWFALL (IN INCHES)

0.2 3.3 6.5 5.1 7.6 11.0 9.5 7.9 2.3 56.5

WEST LINE AVERAGE SNOWFALL (IN INCHES)

0.2 3.2 7.7 7.6 9.7 14.8 11.4 9.4 1.6 66.9

b. RTD will determine actual monthly snowfall based off CoCoRaHS

(https://www.cocorahs.org) approved measuring stations for each line. Actual monthly snowfall shall be derived by taking the average of all CoCoRaHS measuring stations for each line. The stations utilized to determine the actual monthly snowfall are as follows:

i. 225 Line: CO-AD 127, CO-AR-270, CO-AR-414, and CO-AR- 273.

ii. SE Line: CO-AR-245, CO-AR-336, CO-AR-414, CO-DN-175, and CO-DG-192.

iii. West Line: CO-JF-290, CO-JF-3, and CO-JF-428.

https://www.cocorahs.org/

D. If the RTD Project Manager has discovered deficiencies in either the work or the required submittals, and such deficiencies could lead to deductions as listed in the Liquidated Damages Attachment, the RTD Project Manager will inform the Contractor of such deficiencies within two weeks of the date of the deficient work (or deficient submittal) or within two weeks of when the required submittal was due. If the RTD Project Manager fails to give such notification of the deficiencies within the two-week period, RTD cannot seek deductions from the Contractor’s payment.

E. The burden of providing required submittals is on the Contractor. Upon notice from RTD of Contractor’s failure to provide required submittals, Contractor will have two business days to cure the default by providing the required submittals. After the two-business day cure period, if required submittals have still not been provided, RTD will deduct from the retainage (or the next scheduled payment if retainage is insufficient) the amount listed in the Liquidated Damages Attachment. Contractor shall keep back-up copies of these records.

F. The burden of establishing that work was deficient is upon RTD. However, RTD can rely upon the required submittals, RTD security camera evidence, or visual inspections by the RTD Project Office to establish such proof. If required submittals have not been provided, it is prima fascia evidence that the work was deficient (placing the burden of proof that the work was sufficient upon the Contractor). The burden of establishing that required submittals are deficient is also on RTD.

G. The Contractor has the right to dispute that the work or the required submittal is deficient. Upon receipt of notice from RTD of the deficiencies of the Work or submittals, the Contractor will have two business days to dispute such notice. The Contractor must file an appeal of the notice of deficiencies with the RTD Procurement Agent within two weeks. The RTD Procurement Agent will ultimately decide if the work or the submittals are deficient with no further right of appeal by either the Contractor or the RTD Project Manager. The Procurement Agent can, at his or her discretion, request that the Contractor and the RTD Project Manager meet with him or her, individually or together to resolve the dispute.

H. Payment for work that is disputed can also be negotiated by RTD Procurement Agent and the Contractor, at the former’s discretion.

I. The RTD Procurement Agent is likely to use a “give and take” approach to his or her decisions, the decisions of the RTD Procurement Agent are binding and neither the Contractor nor the RTD Project Manager can appeal the decisions or take the matter to arbitration or to court. The Contractor specifically agrees to this clause.

J. If the Contractor fails to dispute the notice from RTD that work or a required submittal was deficient OR if the RTD Procurement Agent rules against the Contractor, RTD will deduct from the next scheduled payment the amount listed in the Liquidated Damages Attachment.

10. STAFFING PLAN

Staffing Plan: A staffing plan is required to be submitted with your proposal. All plans will be incorporated into the contract and become part of the contractors performance standard. When the contractors plan conflicts with the Statement of Work the Statement of Work will always take precedence. For a plan to be altered during the period of performance the contractor must submit the requested adjustment to the RTD Project Manager for review. If the RTD Project Manager approves of the modification it will then be forwarded to the RTD procurement office for final review and approval. A final version of this Plan will need to be pre-approved by RTD and should include, at a minimum, the following:

A. Minimum staffing levels, positions and areas assigned.

B. Training provided to employees.

11. HANDOVER AND ANNUAL REPAIRS

A. At commencement of Contract, successful Contractor shall inventory pre-existing deficiencies with stations, drivers’ kiosks, and pre-existing curb and concrete damage to establish a base-line for needed repairs and for any additional repairs needed and as a baseline for required repairs at end-of-season. If the successful Contractor is replacing the incumbent, RTD may consider compensating the new Contractor for Work required to bring the pre-existing issues up to standards. If the successful Contractor is the incumbent Contractor, they will need to address the pre-existing deficiencies caused by the Contractor without additional compensation.

Snow Removal related issues: Contractor shall coordinate with RTD and provide a documented inventory of pre-existing issues such as broken or chipped curbs, damaged expansion joints, de-icer damaged landscape (trees, shrubs, grass), damaged step treads at platforms, etc. Contractor shall repair what they break or damage in a professional manner in accordance with industry standards.

B. Each year prior to the exercise of an option year (preferably in June after the snow removal season), the Contractor and RTD will inventory damages to concrete and/or landscaping caused by snow removal activities. The Contractor shall be responsible for any such repairs and shall coordinate these repairs with RTD for quality assurance/control.

C. It is required that the contractor take pictures or video to document any deficiencies or damages and to provide RTD a written list of these items along with a copy of the pictures or video prior to the start of the snow season.

12. DEFINITIONS

A. Dangerous Conditions means a physical condition of a facility or the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist.

B. Acceptable Conditions for snow and ice management means the surfaces are free of snow, melting snow and ice, and dry; or if wet, there is low probability for additional snowfall or of freezing to occur within the next 12 hours; or a melting agent has been uniformly applied; and/or Pedestrian walks, crosswalks, boarding platforms, and drive through lanes have been shoveled or plowed, ice melt chemicals have been applied and slip hazards are not present.

C. Snow and Ice Management Plan means the Snow Removal Plan submitted by the Contractor and approved by RTD.

D. Peak Periods means 6:00 a.m.to 9:00 a.m. and 3:00 p.m.to 6:00 p.m.

E. Off-Peak Periods means any time that is not a Peak Period.

F. Holidays New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day