A04_Updated_Statement_of_Work_0002.pdf

Statement of Work (SOW) Hazardous Tree Removal, Brushing, and Selective

Pruning Steamtown National Historic Site

Scranton, PA

Background:

Steamtown National Historic Site (STEA) operates and maintains a live railroad yard, showcasing live, coal-fired steam locomotives, restored cabooses, freight cars and railroad coaches. Rail traffic, consisting of but not limited to passenger yard shuttles, mainline excursions, and commercial freight, that operates regularly throughout yard. The 52-acre site also hosts active Locomotive and Restoration Shops, a Visitor Center, History and Technology Museums, a 250-seat Theater and a fully operating Roundhouse and Turntable.

Steamtown NHS is open daily 7 days a week from 9:00 am to 5:00 p.m., except Thanksgiving Day, Christmas Day, and New Year’s Day. STEA Maintenance personnel are on-site daily at 6:00 a.m.

All work shall be completed between 6:00 a.m. and 3:30 p.m., Monday through Friday. In the event of a potential scheduling conflict, the contractor shall coordinate with the COR to ensure continuity.

The work required by this contract shall be performed in accordance with federal, state, local codes, and this Scope of Service (SOS). The Contractor shall provide all management, supervision, labor, material, supplies, repair parts, tools, and equipment, and shall plan, schedule, coordinate and ensure effective and economical work and services specified in this contract. The work area is to be cleaned on a daily basis along with any debris that is transmitted into other areas of the facility or location. The Contractor is responsible for daily offsite disposal of debris associated with construction.

It will be the responsibility of the Contractor to inspect the site, to verify all dimensions and familiarize themselves with the existing conditions, so they may obtain a full understanding of any and all conditions which may be encountered in the performance and execution of the work.

Work shall be carefully planned in advance and carefully performed so that no damage is done to the building, vehicles, equipment, and electrical lines and equipment, etc. Access to the grounds and project location will be allocated to the contractor for the delivery of material, tools and equipment to the grounds as arranged through STEA.

WORK OBJECTIVES:

Work under this Contract has four broad objectives:

• To provide for the safety of people and property.

• To preserve trees and to maintain them in a healthy and vigorous condition.

• To maintain the efficient operation of Steamtown NHS

Grounds.

• To maintain the aesthetics of both the trees and the environment.

Preamble:

Trees are part of the natural environment. The National Parks and Wildlife Service (NPWS) manages trees in parks to keep visitors, workers and park neighbors safe. Trees are living organisms, and their condition changes over time. Sometimes a tree can become hazardous to people in parks because of its age, health, history, species, location or other factors. NPWS manages hazardous trees systematically across the wide range of ecosystems in parks. NPWS aims to ensure risks to the safety of park visitors, workers and neighboring landholders are as low as practicable, keeping in mind the many benefits trees provide people, wildlife and the environment (including their value for habitat, carbon sequestration, natural shade and cooling, air quality filtering and visual amenity). The National Parks and Wildlife Act 1974 (section 156C) excludes NPWS staff from personal liability for anything done or omitted to be done in good faith for the purpose of exercising functions under national parks legislation. Consistent implementation of the Tree Risk Management Policy and Procedures will support NPWS meeting its duty of care and the legislative requirements for exclusion of personal liability. These procedures support the NPWS Tree Risk Management Policy. They provide detailed guidance for NPWS staff on managing tree risks in parks.

PROPERTY:

Contractor shall be responsible for all damage it causes to National Park Service (NPS) property, Delaware Lackawanna (DL) property, Pennsylvania Northeast Railroad Authority property, Lackawanna County property, Commonwealth of Pennsylvania property, University of Scranton property, and private individuals’ property such as cars, buildings, poles, and electrical lines during the duration of the project; and shall make all repairs to property resulting from such damage or compensate the property owners for any such damage.

Damage to Property Any damage to property as the result of the Contractor's operations shall be the responsibility of the Contractor. Should the damage not be rectified within the time agreed upon or to the satisfaction of the National Park Service (NPS), the NPS reserves the right to replace that which was damaged or assess the Contractor such costs as any be reasonable and related to damage caused by the Contractor and deduct these costs from any payment due the Contractor. The Contractor shall inform the Steamtown NHS (STEA) of any damage caused by the contractor's operation on the day such damage occurs.

The Contractor shall make necessary arrangements with STEA to perform the work and shall arrange and schedule his work so that the minimum amount of interference with STEA activities.

The Contractor shall control, contain, and dispose of all oil, lubricants, fuel, and other hazardous materials exposed during the work being performed at an approved disposal site in accordance with EPA, State, and Federal regulations.

APPLICABLE STANDARDS AND REGULATIONS:

All work shall be done in a thorough and professional manner in accordance with the Contract documents, specifications, and acknowledged industry standards. Deviations from the Contract documents, specifications, or industry standards shall not be permitted without the prior written consent of the Contracting Officer.

These standards include, but are not limited to:

ANSI A300 or most current revision of “Trees, Shrubs and Other Woody Plant Management—Standard Practices (Pruning)” ANSI Z133.1 or most current revision of, “Pruning, Trimming, Repairing, Maintaining and Removing Trees, and Cutting Brush

- Safety Requirements.”

Most current revision of Steamtown NHS Environmental Regulations, Steamtown NHS Environmental Criteria Manual, and any other applicable federal, state, and local ordinances and laws, and especially comply with the Steamtown NHS’s “IPM Plan Level 2” maintenance guidelines:

The National Park Service reserves the right to amend the Contract to add, remove, or change these standards to comply with ordinances, statutes, and to recognize new industry best-practices, or for any reason Steamtown NHS deems necessary.

Any material, method, or procedure specified by reference to a specific standard or specification, such as a commercial standard, federal or state specification, industry or government code, trade association code or standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendments or supplements thereto.

CONTRACTOR’S QUALIFICATIONS:

In order to be considered for Contract award, the Bidder must be able to demonstrate that they currently provide or has provided Trimming & Removal Services that is similar in size and scope to this Contract. The Bidder must have five references documenting previously performed Tree Trimming & Removal Services. References shall be provided.

Steamtown NHS will be the sole judge as to whether the services performed for the references are similar to the scope of services contained herein, and whether the Bidder is capable of performing such services.

The Contractor shall be regularly engaged in providing the services stated in this Scope of Work for a minimum of three

(3) consecutive years within the last five (5) years.

ASSIGNMENT OF WORK:

The Contractor shall be notified of a work order by email, fax, or telephone. The Contractor shall confirm receipt of the work order within 24 hours of notification being sent. Confirmation may be via email, fax, or telephone. The work described on the work order shall be completed within Forty-Five (45) workdays from the date the Contractor receives the work order.

Emergency trees down will need to respond within 12 hours of notification being sent.

Tasks to be completed on a work order include, but are not limited to, tree removal, debris removal, safety controls, sodding, and pest control.

If there is inclement weather or extenuating circumstances during the work period, the National Park service may extend the time period in which the work is to be completed. All extensions shall be in writing and signed by the Contracting Officer.

If during the course of services, the Contractor finds that the work order cannot be completed within Forty-Five (45) workdays for first cutting of trees and on call for down trees over one year. They shall notify Steamtown NHS representative for approval.

All work performed under this Contract shall be for locations within the Steamtown NHS grounds. The Contractor shall not perform any work under this Contract that is outside the Steamtown NHS Limits. It is the Contractor’s responsibility to confirm the address/location with the Steamtown NHS and to ensure employees assigned to the work order perform the work at the correct address/location.

A number of trees and brush have been identified on the 52-acre site within the park which are either dead or damaged in such a way as to present a safety hazard to park personnel, rail operations, and park visitors. Some of these trees need to be removed to eliminate the hazard, while others have been identified for selective pruning.

Approximation a total of 65 trees from ½ to 36 inches in diameter trunk and a Hight of 55 feet. Not stump removal. There are tree logs that need to be removed with brush.

PERFORMANCE OF WORK:

The Contractor shall work Monday- Friday, and only between the hours of 6:30 AM – 3:30 PM, and follow the U.S.

Government holiday schedule unless they have prior approval from the Steamtown NHS. The Contractor shall confirm the work order location(s) with the Steamtown NHS between the hours of 6:30 AM and 2:30 PM of each workday and may be via email, fax, or telephone.

GOVERNMENT HOLIDAYS:

· New Year’s Day………………………………………… January 1

· Martin Luther King’s Birthday………………………3rd Monday in January

· President’s Day………………………………………….3rd Monday in February

· Memorial Day……………………………………………Last Monday in May

· Juneteenth………………………………………………. Jun 19th

· Independence Day……………………………………July 4th

· Labor Day……………………………………………… 1st Monday in September

· Columbus Day………………………….………………2nd Monday in October

· Veteran’s Day….….……………………………………November 11

· Thanksgiving Day………………………………………Last Thursday in November

· Christmas Day……………………………………........December 25

Any other day designated by the President as a national holiday.

When one of the holidays falls on a Sunday, the following Monday shall be observed as a legal holiday. When holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by US Government agencies.

TREE REMOVAL SPECIFICATIONS:

Work here shall be performed on Steamtown NHS property and drainage utility easements, which may include street and utility right-of-ways, alleys, esplanades, parkways, and other Steamtown NHS properties.

The Contractor shall provide the Steamtown NHS with their General Foreman’s, or other appropriate Single Point of Contact (SPOC), name and cell-phone number. The General Foreman or SPOC shall be on-call during the hours of operation as defined by this Scope of Work. The General Foreman or SPOC shall be able to speak, read and write English.

The Contractor shall not perform work of any kind if there is a reasonable possibility of limbs or debris damaging vehicles, private property, pedestrians, or if the worker’s safety is put at risk. The Contractor shall be held liable for all damage to vehicles, private property, and pedestrians caused by falling debris during the execution of a work order. The Contractor shall maintain Insurance Liability and Railroad coverage as required.

The Contractor agrees that while entering upon the Steamtown NHS right-of way and drainage utility easements to perform the work, it shall be the duty and responsibility of the Contractor and all of its subcontractors to be familiar with, and comply with, all applicable OSHA sections that pertain to the job function and be familiar with its requirements while performing services resulting from this Contract.

If a tree which is to be removed overhangs onto private property, the Contractor shall notify the owner of the property and Steamtown NHS in writing at least three (3) days prior to the tree’s removal. The written notifications shall include a statement that there should be no activity under and immediately around the tree until it is removed, and cleanup has been completed, why the tree must be removed, the anticipated removal date(s) and time, and any other pertinent information as to the removal activity. The Contractor shall attempt to notify the property owner no less than three (3) documented times over a three (3) day period (once per day).

If the property owner cannot be notified, the Contractor must notify Steamtown NHS of the failed notification attempts. The Steamtown NHS will then proceed with notifying the owner of the private property. The Contractor then has five (5) working days to begin services as described in the work order. The Contractor shall obtain all necessary permits, furnish and install all construction signs, pavement markings, barricades, and all other safety controls for the duration of each work order. The Steamtown NHS may determine that work resulting from an emergency, as defined by the Steamtown NHS, may be performed. Under no circumstances shall the Contractor assume permits are not required. The Steamtown NHS shall notify the Contractor in writing, by work order, when an emergency has been declared by the Steamtown NHS.

Prior to commencing work, or in the case of a changing work site condition, the Contractor shall immediately report to the Steamtown NHS in writing or by telephone, of any adverse conditions that will affect the performance of the Contractor in execution of the work order.

The Contractor shall furnish and ensure that all persons, including subcontractors, employees, and supervisors wear uniforms or clothing indicating the company name and/or logo and the staff member’s name on a hi-visibility safety clothing or hi-visibility vest.

The company logo and/or company name shall be worn by the employee in a clearly visible location. All vehicles and equipment belonging to the Contractor, its employees, and its subcontractors, shall have identification with the company’s name and phone number, along with the company’s insignia, so that the operator’s identity may be verified. The sign must be no smaller than 12 inches tall by 12 inches wide, placed on the driver and passenger side doors. The Contractor shall ensure that workers have completed all applicable OSHA specification or other training needed to perform their job assignment.

Training topics applicable to the scope of the current project may include, but not limited to, scaffold, fall protection, cranes, excavation, electrical safety, tools, concrete and masonry construction, steel erection, operation of motor vehicles, and mechanized equipment.

Inspections may be made periodically by the Steamtown NHS during and following assignments to monitor performance.

All tree removals must comply with the specifications listed.

Specific locations will be given to the Contractor of trees marked for removal. If the physical location is not available, the tree(s) to be removed will be plainly marked by the Steamtown NHS with a predetermined color of paint. The Steamtown NHS and the Contractor shall agree upon the color of paint in advance of the work starting.

In locations where ordinary felling operations might cause damage to property, the trees shall be suitably dismembered and felled using recognized forestry rigging practices as stated in the most current revision of ANSI (encompassing OSHA work-site safety regulation), ensuring that any severed portion of the tree is always under control.

Under no circumstances shall the Contractor perform work near high voltage transmission or distribution lines. If the Contractor is performing work within 15 feet of high-voltage transmission or distribution lines, all work shall cease, and the Contractor must notify the Steamtown NHS immediately. The Contractor shall not resume work without authorization from the Steamtown NHS. After all limbs have been removed which might contact high voltage utility lines or cause damage to other trees or property, trees shall be felled directly away from power or communications lines, structures, vehicular or pedestrian rights-of-way, or horticultural plantings. If a tree is outside the 15-foot zone and must be felled toward a power or telephone line, it shall be topped low enough to clear all conductors, poles, guys, and similar installations.

TREE-TRIMMING AND TREE-REMOVAL SERVICES:

All limbs shall be removed from trees to a height and width sufficient to allow the tree to fall clear of any wires and other objects in the vicinity. The Contractor shall use recognized forestry rigging practices as stated in the most current revision of ANSI (encompassing OSHA work-site safety regulation). 9.8 Due to the danger of trees falling in an unexpected direction, even though the cut is made on the proper side, the Contractor shall take precaution in roping trees, most especially those which are diseased, rotten or rotting, split, or in appearance to be visibly weak. The Contractor shall use recognized forestry rigging practices as stated in the most current revision of ANSI (encompassing OSHA work-site safety regulation).

Under no circumstances shall pike poles be used in the performance of work under this Contract.

Ropes shall be used to lower all limbs of sufficient size to cause damage to other trees or surrounding public or private property.

Before any trees are felled, workmen, other than those operating the felling equipment or giving directions to the workmen involved, shall move and remain clear of the danger zone. Any and all workers who are within the danger zone shall adhere to the safety guidelines as required by the most current revision of ANSI standards, OSHA, and any other governing policy, ordinance, standard, or law. The danger zone is that sector of the felling-area in which the tree(s) could fall. The size of the danger zone shall be determined by the Contractor upon consideration of all pertinent factors relative to the tree removal operation. Ample warning shall always be given prior to the tree falling and all workmen must stand clear in case the tree springs from the stump while falling. Prior to felling any trees, the Contractor shall clear away all brush, debris, or equipment that is not required/needed for felling of the tree.

Under no circumstances shall a partially cut tree or debris be left standing during rest breaks, lunch breaks, or overnight. All debris created must be removed from the jobsite daily. If the Contractor must leave debris overnight, the Contractor shall contact the Steamtown NHS for authorization. Under no circumstances shall the Contractor leave debris overnight without prior approval of the Steamtown NHS.

When removing a tree that is split, or a tree with twin trunks, chains or cables with adequate strength shall be placed tightly around the tree before commencing the back cut. At least one chain or cable shall be placed above, and as close as practical, to the back cut to prevent separation of the trunk.

Except as otherwise provided in this Contract, the stumps of all removed trees will be lowered to a point no more than two inches (2”) above grade.

When swelling, bumps, depressions, or branches occur at diameter breast-height, diameter breast-height measurements shall be taken just above or below the irregularity at a point where it ceases to affect normal stem form. If a tree forks immediately above diameter breast-height, it is measured below the swell resulting from the double stem. Stems that fork below diameter breast-height shall be considered two separate trees.

Diameter breast-height for all species with large buttresses or elevated root matting shall be measured just above the pronounced swelling at a point where it ceases to affect normal stem form.

There are four concrete tank rings that will need access with ladders. Rings are about eight feet high open with brush growing in them that needs to be removed. Brush will need to be removed after being cut at ground level.

Examination of Sites Contractor shall inform themselves of all the conditions under which the work is to be performed concerning the site of the work, the obstacles, which may be encountered, and all other relevant matters concerning the work to be performed and the type of removals required under this contract.

The successful Contractor must employ, so far as possible, such methods and means that will not cause any interruption of interference with any other contractor.

Several trees will need to be removed from the ground of Steamtown. Tree will be marked that need to be removed. For all trees removed where stump grinding is not required, the contractor shall leave a stump, cut flat across the top, flush to the ground, as low terrain and conditions allow.

All trees and brush within this Scope of Work include the requirement to chip and haul debris, be advised, the contractor may not dump any wood chips within the park at any location on National Park Service grounds.

All tree debris (trunks, brush, limbs, and branches) that is currently downed on property is to be removed from Steamtown grounds along track grounds, roads, and parking areas needed.

Trunks, Brush, Limbs, and Branches not chipped, shall be cut and haul away from park grounds.

TRIMMING SPECIFICATIONS:

The trees to be trimmed will be plainly marked by the Steamtown NHS with paint at the base of the tree, facing the street. All pruning should take place during late summer fall or winter months when the trees are in a dormant state.

SERVICE CALLS:

EMERGENCY SERVICE CALLS: The contractor shall be required to respond to emergency service calls within four (4) hours from the time the call for service is received. The scope of an Emergency Service Call includes all efforts necessary to respond to and fix the problem. They are limited to a total effort not to exceed 8 man-hours of labor, equipment, and a material cost of $3,450.00. On average, the park requires six (6) Emergency Service Calls per year.

NON - EMERGENCY SERVICE CALLS: The contractor shall be required to respond to non-emergency service calls within 3 days from the time the call for service is received. The scope of a Non-Emergency Service Call includes all efforts necessary to respond to and fix the problem. They are limited to a total effort not to exceed 8 man-hours of labor and equipment cost of $4,000.00 per day. On average, the park requires Four (4) Non-Emergency Service Calls per year.

LABOR RATE: When this is the case, the contractor shall provide a detailed estimate for the work to include all labor, equipment, and material to make complete service. All associated costs must be included in the estimate under the labor, equipment, and material items for a total cost to make the removal complete and ready for use. The labor rate quoted by the contractor shall be all inclusive to include payroll taxes, mark-ups, and any burdens.

MATERIAL/EQUIPMENT RATE: It may be determined that a Hazardous Tree Removal and Selective Pruning is necessary that is not covered in the Annual Maintenance Service and exceeds the scope of an Emergency Service Call. When this is the case, the contractor shall provide a detailed estimate for the work to include all labor/material to complete the service call. All associated costs must be included in the estimate under the labor and material line items for a total cost to complete the service call. The material price shall be based on the cost incurred by the contractor from the supplier plus any Fixed Burden Rate. The Fixed Burden Rate is defined as a factor adjustment for any direct or indirect costs associated with providing the material including any mark-up included.

Cleanup:

At the end of each workday, the Contractor shall be responsible for cleaning the site and all grounds that it has occupied, of all rubbish, debris, downed tree limbs, and branches. All parts of the work shall be left in a neat, orderly, and presentable condition. The removal of all rubbish and debris generated as a result of the Contractor’s work under this contract will be the responsibility of the Contractor. No debris will be allowed to remain in or on any roadways at any time. Once the tree(s) are removed, all wood chips, brush, limbs, and logs, unless otherwise specified in this Contract, shall be disposed.

No part of any tree shall remain at the site, and the Contractor shall not permit any third party to claim the wood. However, the Steamtown NHS reserves the right to specify that the wood be mulched and left on site, and that some part of a dead tree truck remain for maintaining wildlife.

Safety:

All safety equipment required by OSHA, Federal, state, or local guidelines shall be in place and in proper operating condition at all times. OSHA must approve all safety equipment for the purpose for which it is being used. OSHA-approved hard hats and any other OSHA required equipment or clothing must be worn at all times at the work-site.

No ladders will be allowed at the work site. All equipment used by the Contractor to perform services under this Contract shall be maintained and in good operating condition at all times. All gasoline cans or any other equipment/container used to hold fuel shall be OSHA approved. Safety ropes, tools, severed limbs, equipment, and aerial lifts shall be handled in such a way as to ensure they do not come into contact with any utility lines. The Contractor shall inspect any climbing ropes in use at the site, from end to end, before the start of each day’s work, to ensure that there is no weakening, fraying, stressing, or other damage that constitutes a danger to the climber or workers. Similarly, all other safety equipment will be checked daily to ensure that it is in safe working condition. Any equipment defect shall be rectified immediately. All aerial lifts will be insulated, maintained, and tested to ensure the safety of an employee in the bucket or at any other controls should the lift come into contact with any energized utility line on the work site. The Steamtown NHS prefers Contractors who demonstrate innovative approaches to reducing their impact on the natural environment through use of alternative energy, low-emission equipment, biodegradable chemicals, or items with recycled content.

Special Notes:

During this project, because portions of yard tracks shall remain in service for some portion of the project duration by Steamtown and DL, a qualified Watchman shall be required for safety. It is anticipated that up to 2 trains per day shall pass by the construction area – leading to work delays of 1 to 2 hours.

The Contractor shall be required to have a qualified Watchman approved by DL and Steamtown NHS on the construction site during all activities where construction activities, equipment or supplies are within five feet of active yard tracks. Further, during construction activity, any actions that might result in fouling of these tracks shall be avoided or closely coordinated with the Steamtown Yardmaster and the DL Dispatcher to obtain permission from both to foul the track for as brief a period of time as possible while moving materials or equipment necessary for the construction work. Both the Yardmaster and Dispatcher shall be notified that the track is clear upon completion of the movement of materials or equipment for each occurrence.

Fouling:

Fouling is considered any materials, equipment or workers located within 4 ft. of the nearest rail of the track. Anytime workers and equipment are operating within this distance – the qualified Watchman must be on site, and the Yardmaster and Dispatcher must be notified of the activity to provide advance warning of train movements, and the ability to clear the fouling prior to the approach of any train.

Railroad Insurance:

Railroad Insurance is needed for this work on track grounds.

Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to the following:

• Bodily Injury and Property Damage

• Personal Injury and Advertising Injury

• Fire Legal Liability

• Products and Completed Operations

• Contractual Liability

This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance:

• The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property

• The policy shall contain a Waiver of Subrogation in favor of DL Railroad and PNRRA

• Additional Insured endorsement in favor of DL Railroad and PNRRA

• Separation of Insureds

• The policy shall be primary and non-contributing with respect to any insurance carried by the Railroad

a) Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following:

• Any and all vehicles owned, used or hired

Such insurance policy shall be endorsed to provide a Waiver of Subrogation in favor of DL Railroad and PNRRA and shall name DL Railroad and PNRRA as Additional Insureds.

b) Workers Compensation and Employers Liability insurance including coverage for, but not limited to the following:

• Contractors’ statutory liability (Part A) under the workers compensation laws of the state(s) in which the work is to be performed

• Employers Liability (Part B) with limits of not less than $1,000,000 for bodily injury by accident, each accident;

$1,000,000 for bodily injury by disease; $1,000,000 for bodily injury by disease each employee.

Such insurance policy shall be endorsed to provide a Waiver of Subrogation in favor of DL Railroad and PNRRA

d) Railroad Protective Liability Insurance (ISO-RIMA form or equivalent form approved by the DL Railroad and PNRRA) covering the Work to be performed at the designated job site and affording protection for damages arising out of bodily injuries or death, injury to or destruction of property including the damage to the insured’s own property. The limit of liability shall be at least $2,000,000 each occurrence and $6,000,000 annual aggregate. Such insurance shall name the DL Railroad/PNRRA and any other Indemnities, their officers directors and employees as the Named Insured and shall amend the definition of “Physical damage of property” to mean direct and accidental loss of or damage to “all property of any Named Insured and all property in any Named Insured’s care, custody or control”.

e) Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists.

f) Contractor agrees to waive its right of recovery against DL

Railroad and PNRRA for all claims and suits against DL Railroad and PNRRA. In addition, its insurers through the terms of the policy or policy endorsement, waive their right of subrogation against the DL Railroad and PNRRA for all claims and suits. Contractor further waives its right of recovery, and its insurers waive their right of subrogation against the DL Railroad and PNRRA for loss of its owned or leased property or property under Contractor’s care, custody, or control.

g) Contractor is not allowed to self-insure without the prior written consent of the DL Railroad and PNRRA. If granted by Railroad/PNRRA, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor’s insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims.

h) Prior to commencing the Work, the Contractor shall furnish to DL Railroad and PNRRA an acceptable certificate(s) of insurance evidencing the required coverage, endorsements, or amendments.

i) Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best’s Guide Rating of A- and Class VII or better and are authorized to do business in the state(s) in which the service is to be provided.

j) The policy(ies) shall require the insurance company(ies) notify the DL Railroad and PNRRA, in writing, at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be included on the certificate of insurance.

k) If any portion of the Work is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming the DL Railroad and PNRRA as additional insured and shall require that the subcontractor shall release, defend, and indemnify the DL Railroad and PNRRA to the same extent and under the same terms and conditions as Contractor.

l) The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by the DL Railroad and PNRRA shall not be limited by the amount of the required insurance coverage.

Contractor will need to contact at:

Pennsylvania Northeast Regional Railroad Authority (PNRRA) (570-963-6676) Charlene Doyle. Lorie Ransom

OPERATING RAILROAD: Delaware- Lackawanna Railroad (DL) (570-343-4580) Lorie Ransom.

Commercial General Liability for railroad Insurance will need to be review by Pennsylvania Northeast Regional Railroad Authority and Delaware- Lackawanna Railroad. Before AWARD OF CONTRACT and start of work.

Delaware-Lackawanna Railroad Inc – Special Provisions Required During Service:

Special Service Request

Services for Property Protection (SPP), Train Control, Dispatching

Required while on DL/PNRRA Property

Delaware-Lackawanna Railroad

280 Cliff Street, 3rd Floor, BR.60 Tower

Scranton, PA 18503

Email completed form: lransom@gvtrail.com

Fill in all blanks legibly and return to the DL RR for services

PROPERTY OWNER: Pennsylvania Northeast Regional Railroad Authority (PNRRA)

OPERATING RAILROAD: “the” Delaware- Lackawanna Railroad (DL)

YOU MUST PROVIDE ALL the REQUIRED INFORMATION mailto:lransom@gvtrail.com

Date(s) requesting:_____________________Start time:_________

DAY(S) (circle): SU MO TU WE TH FR SA

Name of Contractor:__________________________Attn::______________

Mailing Address:_____________________________Phone:_____________

On site Foreman’s Name:_____________________ Phone:_____________

Project Location:_____________RR MP/Street Location: _______________

Municipality

Specific Meeting Location for the RR SPP:___________________________

Brief Description of Work:__________________________________

PNRRA Lease Agreement Number:_________________________________

Contact the PNRRA at: (570) 963-6676 if NO agreement exists

Is this a PennDOT job: YES _______ NO _______

PennDOT reimbursement agreement # with the DL RR: _______________

Official use only

BILLING INFORMATION- COMPANY RESPONSIBLE FOR PAYMENT

Company/Municipality Name:_____________________________________

Attn:______________________ Email address:______________________

Mailing Address:_______________________________Phone:___________

Special Provisions Attached hereto and made a part hereof.

DELWARE-LACKAWANNA RAILROAD CO., INC.

PENNSYLVANIA NORTHEAST REGIONAL RAILROAD AUTHORITY

Special Provisions

Required During Construction

Terms and Conditions of Entry Permit:

Contractor will be responsible for securing all applicable permits prior to the start of construction.

DL Railroad Charges:

A Railroad Service Property Protection Specialist (SPP) is required during all work on railroad property.

Services must be scheduled a minimum of THREE weeks prior to requested start date, unless prior arrangements have been made through the DL RR (570-343- 4580). MINIMUM NOTICE does not guarantee a SPP will be available for the requested dates. Rates are subject to change without notice, call the RR for current rate.

Monday- Friday (07:00-19:00) (O/T rate $196.88 per hr. no fractions thereof)

Minimum 8 hr. day charge- $1,050.00

Saturday-Sunday- Holidays-Overnight (19:00-07:00) (O/T rate $468.75 per hr. no fractions thereof)

Minimum 8 hr. day charge- $2,500.00

BE ADVISED: The Railroad cannot guarantee SPP availability for additional consecutive days other than what is originally scheduled. The project will be shut down until further arrangement can be made according to our SPP schedule.

The contractor is responsible to contact the assigned SPP and/or the Railroad office NO

LESS than 2 hours prior to start time if for any reason the job must be cancelled on that day. Failure to contact the SPP or the railroad office will result in charges for the day.

NO TEMPORARY CROSSING may be established for use of transporting materials or equipment across the tracks of the Railroad unless specific authority for its installation, maintenance and removal have been authorized by the DL Railroad Superintendent and a separate agreement has been completed with the PNRRA. The contractor requesting the temporary crossing will be responsible for all costs associated with the installation, maintenance and removal of said crossing. All railroad work must be done by a PennDOT approved Railroad Contractor. Installation and removal is at the sole discretion of the DL Railroad. Request for installation of a temporary grade crossing can be made by contacting the DL Railroad at 570-343-3450 or sending an email to:

lransom@gvtrail.com

ENGINEERING- Initial Review $2,000.00 - $2,500.00 and $95.00/hr for follow up.

PNRRA Charges:

In addition, if temporary private crossings are required over PNRRA/DL trackage a separate agreement is required with the PNRRA, $5750 for up to twelve months.

If a Temporary Longitudinal Right of Way Access License Agreement (Roadway) is required over PNRRA/DL trackage a separate agreement is required with the PNRRA, $2,500.00 per mile for first 6 months, $3,000.00 per mile for next 6 months. $3,000.00 per mile for additional six months up to a maximum of two (2) years. Minimum fee $2500.00.

mailto:lransom@gvtrail.com

General Release/Right of Entry Agreement - $250.00 plus $100.00 per day after the first day.

**ALL Terms and Conditions of the Entry Permit must be met and proof of insurance must be in the hands of the DL/PNRRA before a SPP will be assigned.

CONTRACTORS ON RAILROAD PROPERTY INSURANCE REQUIREMENTS

Contractor shall, at its sole cost and expense, procure and maintain during the life of this agreement the following insurance coverage.

a) Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to the following:

• Personal Injury and Advertising Injury

• Fire Legal Liability

• Products and Completed Operations

• Contractual Liability

This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance:

• The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property

• The policy shall contain a Waiver of Subrogation in favor of DL Railroad and PNRRA

• Additional Insured endorsement in favor of DL Railroad and PNRRA

• Separation of Insureds

• The policy shall be primary and non-contributing with respect to any insurance carried by the Railroad

c) Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following:

• Any and all vehicles owned, used or hired

Such insurance policy shall be endorsed to provide a Waiver of Subrogation in favor of DL Railroad and PNRRA and shall name DL Railroad and PNRRA as Additional Insureds.

d) Workers Compensation and Employers Liability insurance including coverage for, but not limited to the following:

• Contractors’ statutory liability (Part A) under the workers compensation laws of the state(s) in which the work is to be performed

• Employers Liability (Part B) with limits of not less than $1,000,000 for bodily injury by accident, each accident; $1,000,000 for bodily injury by disease; $1,000,000 for bodily injury by disease each employee.

Such insurance policy shall be endorsed to provide a Waiver of Subrogation in favor of DL Railroad and PNRRA

d) Railroad Protective Liability Insurance (ISO-RIMA form or equivalent form approved by the DL Railroad and PNRRA) covering the Work to be performed at the designated job site and affording protection for damages arising out of bodily injuries or death, injury to or destruction of property including the damage to the insured’s own property. The limit of liability shall be at least $2,000,000 each occurrence and $6,000,000 annual aggregate. Such insurance shall name the DL Railroad/PNRRA and any other Indemnities, their officers directors and employees as the Named Insured and shall amend the definition of “Physical damage of property” to mean direct and accidental loss of or damage to “all property of any Named Insured and all property in any Named Insured’s care, custody or control”.

m) Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists.

n) Contractor agrees to waive its right of recovery against DL Railroad and PNRRA for all claims and suits against DL Railroad and PNRRA. In addition, its insurers through the terms of the policy or policy endorsement, waive their right of subrogation against the DL Railroad and PNRRA for all claims and suits.

Contractor further waives its right of recovery, and its insurers waive their right of subrogation against the DL Railroad and PNRRA for loss of its owned or leased property or property under Contractor’s care, custody or control.

o) Contractor is not allowed to self-insure without the prior written consent of the DL Railroad and PNRRA. If granted by Railroad/PNRRA, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor’s insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims.

p) Prior to commencing the Work, the Contractor shall furnish to DL Railroad and PNRRA an acceptable certificate(s) of insurance evidencing the required coverage, endorsements or amendments.

q) Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best’s Guide Rating of A- and Class VII or better, and are authorized to do business in the state(s) in which the service is to be provided.

r) The policy(ies) shall require the insurance company(ies) notify the DL Railroad and PNRRA, in writing, at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be included on the certificate of insurance.

s) If any portion of the Work is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming the DL Railroad and PNRRA as additional insured and shall require that the subcontractor shall release, defend and indemnify the DL Railroad and PNRRA to the same extent and under the same terms and conditions as Contractor.

t) The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by the DL Railroad and PNRRA shall not be limited by the amount of the required insurance coverage.

Other Requirements:

a) Construction work shall be done under the movement of freight and passenger trains.

b) The terms of the DL/PNRRA standard agreement/provisions are NON- NEGOTIABLE. Please do not attempt changes or alterations.

c) The Contractor shall be solely responsible for the safety of its agents, employees and subcontractors (“Contractor Personnel”).

d) The Contractor shall comply with all applicable health and safety legislation, regulations and codes applicable to the work. Personal Protective Equipment is required.

e) Contractor Personnel must not walk, stand, or sit on the rails or ties, as the rail surface can be extremely slippery.

f) Contractor Personnel shall stay away from track switches and any other railroad devices and shall not disturb or foul the ballast at any time.

g) Contractor Personnel must not foul the track with any piece of equipment without a DL SPP and proper protection.

h) Contractor Personnel must not perform work activities within 25’ of the track while trains are passing through the work site unless specifically authorized by the DL SPP. Contractor Personnel must always be alert when a train is passing, watching for flying debris or loose rigging that may cause injury.

i) Good communication between the Contractor Personnel and DL’s SPP is imperative. The contractor must assign one (1) employee in charge (EIC) who is on site and able to communicate effectively with the DL SPP. The SPP controls the site. Names and contact numbers must be exchanged.

j) Contractor Personnel shall not move equipment across the tracks except at established road crossings, or unless under the protection and authorization of a DL SPP and only if the job site has been properly prepared for such a move.

k) Contractor personnel performing duties on railroad property and the DL SPP must participate in a daily job briefing. All Contractor Personnel who miss or arrive later must speak with the DL SPP and the contractors EIC for a job briefing upon arrival at the job site.

l) Equipment or material left on the Railroad property on nights or weekends must be secured in a safe position well clear of all tracks to prevent accidental contact with trains and moving equipment and to not restrict train crew sightlines and must be authorized by DL Railroad.

m) Upon Completion of work, the contractor must remove all machinery, equipment, surplus materials, and rubbish from the limits of the Railroad right-of-way.

n) Anytime a unusual occurrence or safety risk occurs on a project all work stops immediately until a report and investigation is completed. Railroad management will advise if and when work can resume. Delay of train and associated charges may apply.

1. All work must be performed in accordance with Title 49 Code of Federal Regulations Part 214 Subpart A—Railroad Workplace Safety and Title 49 Code of Federal Regulations Part 214 Subpart C—Roadway Worker Protection.

Contractors who are not certified may contact “the” Delaware-Lackawanna Railroad Co., Inc. at 570-343-4580 to arrange for a certification class prior to commencement of this project for all employees who will be on PNRRA/DL property during project. Proof of Certification must be received by PNRRA prior start of construction. The cost of this class is $595.00, for a class up to 20 people. If you do not have a copy of these regulations, please contact the PNRRA and one will be provided to you.

2. The Delaware-Lackawanna Railroad and Pennsylvania Northeast Regional Railroad Authorities

General Offices and a portion of operating rights go through a National Park, located within the complex of Steamtown National Historic Site (SNHS). If you require access or to perform work over on or through the SNHS the below applies:

• Vehicles, such as automobiles, trucks, etc,. operated by Contractor, its employees or is agents shall adhere to the park speed limit of ten (10) miles per hour while operating within the park boundaries. Such vehicles are strictly prohibited from fouling NPS owned track and shall remain at a distance of four (4) feet from the rails to prevent fouling.

• If you are a Contractor NOT doing work for the DL or PNRRA you must contact SNHS for regulations and permits to work within the NPS Complex.

Charlene Doyle, VP of Administration Lorie Ransom, General Superintendent Delaware-Lackawanna

Pennsylvania Northeast Regional Railroad Co., Inc.

Railroad Authority 280 Cliff Street, 3rd floor

280 Cliff Street Scranton, PA 18503

Scranton, PA 18503 570-343-4580

570-963-6676 570-343-4583 Fax

570-963-6718 Fax lransom@gvtrail.com cdoyle@pnrra.org

Trees In Close proximity to the Trolley Line [above the ROW]

Delivery:

Performance under the contract is specified above and shall be for a single year – September 20, 2023, through September 19, 2024 (Base Period) plus two one-year optional periods.

Government-Furnished…