B08_Attachment_1_SOW_Tie___Timber_Work_STEA.pdf

Statement of Work (SOW)

Base:

Ties and Timber replacement Work Depot Runaround

Option One:

Chamberlain Runaround Tie Replacement

Option Two:

South Chute

Tie and Rail Replacement

Option Three:

Crossing and Rail

Replacement at Depot Runaround Place

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 Walter Kuharchik 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.

Contractor shall perform all track construction under the direction of qualified and competent supervisory personnel experienced in railroad construction.

Each day, the contractor must notify each of the following of start and stop times of all activities on track: Contracting Officer's Representative (COR) - cell 570-241-8309, Steamtown Yardmaster - 570-840-2098, and Delaware Lackawanna (DL) Railroad Company Dispatcher - 570-347- 5232.

The contractor shall be responsible for calling Pennsylvania One Call System (800-242-1776) before the start of excavation on track right-of-way, in accordance with Title 49 United State Code 5782.

All work shall be done in accordance with United States Code of Federal Regulations Title 49 - Track Safety Standards Part 213 and 214 to ensure that rail is securely fastened, that it shall hold gauge, maintain surface and alignment.

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. Schedule all normal work shall be completed between 7:00 a.m. and 3:00 p.m., Monday through Friday. In the event of a potential scheduling conflict, the contractor shall coordinate with the Contracting Officer’s Representative (COR) Walter Kuharchik to ensure continuity.

Excavation, Grading, Bed Ballast and Compaction:

{NOTE: Steamtown National Historic Site, as a historic site, has a responsibility under Federal Mandate to preserve historic archaeological materials when discovered. Though the ROW under renovation has been a railroad right-of-way for more than 150 years, it is possible that during excavation archaeological materials may be revealed. At this point the Contractor is instructed to STOP WORK and notify the COR or other Park Officials (see listing below) until an evaluation of the finding has determined its significance.}

PROPERTY:

Contractor is 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.

Scope:

THE CONTRACTING OFFICER IS RESPONSIBLE AND HAS THE SOLE

AUTHORITY FOR DIRECTING AND/OR NEGOTIATING ANY CHANGES IN

THE TERMS, CONDITIONS, OR AMOUNTS CITED IN THE CONTRACT.

INCREASES/DECREASES IN THE SCOPE OF WORK SHALL BE APPROVED

ONLY BY THE CONTRACTING OFFICER.

Contractor shall supply all supervision, labor, equipment, and tools to complete the following track work:

Base: This area of work has a 600-volt cable underground and overhead power line.

The repair of Depot Runaround (Trolley Track) shall consist of repair and upgrading of the track ties and timbers. The existing 131 lb. to stay in place.

Remove 300 each 8.6 crossties and 14 tie timbers in approximately 900 feet of track bed.

Remove gravel crossing from track bed and do not reinstall them. There are three gravel crossing.

Steamtown NHS to supply: Ties and Timbers, Spikes, Rail Anchors and Ballast. Contractor shall install ties and timber at designated location with depot track.

Remove boardwalk section and replace after ties are installed.

All hardwood ties and timbers are new pressure treated with creosote. Ties and timbers are grade five, 7” x 9” x 8.6’ with all ends plated. Timbers are grade five, 7” x 9” with all ends plated. Ties and timbers are to be installed in-kind in track bed. Unless otherwise indicated or required by the interleaving of ties with adjacent track.

Tie plates are to be reused from those removed and shall be appropriate for the 131 lb. Rail. Tie plates shall make full contact with the tie, centered on the tie and avoiding any gravel or other debris between the tie and the face of the tie plate. The base of the rail and the surface of the tie and tie plate shall be free of dirt and other foreign materials prior to laying rail. 131 lb.

Rail is to be reinstalled on tie plates turned so that the former Field side is now placed to be the Gage Side. Rails shall be Box Anchored using a minimum of 16 anchors for this length of rail. Track shall meet a gauge of 56 3/4 inch. Track alignment shall replicate the alignment of the removed track and with a uniform grade.

Four rail-holding spikes shall be used on each tie-on tangents and curves less than 4 degrees. Spikes on the gage side of the running rail shall be placed directly across from each other and the spikes on the field side of the running rail shall be placed directly across from each other. Spikes on the gage side shall be offset longitudinally from the field spike and all four spikes shall be rail-holding spikes next to the base of the rail. This pattern shall be held consistent. On curves 4 degrees or greater, but not more than 36 degrees, six spikes shall be used on each tie with the spikes located as follows: One rail-holding spike on the field side and two rail-holding spikes on the gage side for both rails. Reference Code of Federal Regulations Title 49, Track Safety Standards Part 213, Section 213.127, Rail Fastening Systems. All work shall comply with American Railway Engineering and Maintenance of Way Association (AREMA) standards.

Grade alignment, tamping and ballast regulating. Add #3 crushed stone to top of ties and timbers before tamping. Raising and tamping of track shall be performed with an automatic, vibratory, squeeze type power tamper with 16 tamping heads, capable of raising both rails simultaneously and maintaining or adjusting cross-level where possible and manually tamped and levelled in the areas where the ties interleave with the adjacent Tracks.

Joint bars shall be reused from those removed. Rail joint bars shall be installed so that bars are not cocked between the base and head of the rail.

Bars shall be properly seated in the rail and the full number of correct-size bolts, nuts, and spring washers installed. Bolts, Nuts and Spring Washers are to be New if replaced.

The Contractor shall dispose of all excavated ties, and timbers, materials in a manner that complies with all the regulations of the City, County and the State of Pennsylvania

Option ONE; to install ties in Chamberlain Runaround:

Contractor shall supply all supervision, labor, equipment, and tools to complete the following track work:

The repair of Chamberlain Runaround shall consist of repair and upgrading of the track ties and timbers. The existing 131 lb. to stay in place. Remove 161 each 8.6 crossties and 10 tie timbers in approximately 302 feet of track bed.

Steamtown NHS to supply: Ties, Spikes, Rail Anchors and Ballast. Install ties at designated location with Chamberlain Runaround. Contractor shall install ties and timber at designated location with chamberlain runaround.

All hardwood ties and timbers are new pressure treated with creosote. Ties and timbers are grade five, 7” x 9” x 8.6’ with all ends plated. Timbers are grade five, 7” x 9” with all ends plated. Ties and timbers are to be installed in-kind in track bed. Unless otherwise indicated or required by the interleaving of ties with adjacent track.

Tie plates are to be reused from those removed and shall be appropriate for the 131 lb. Rail. Tie plates shall make full contact with the tie, centered on the tie and avoiding any gravel or other debris between the tie and the face of the tie plate. The base of the rail and the surface of the tie and tie plate shall be free of dirt and other foreign materials prior to laying rail. 131 lb.

Rail is to be reinstalled on tie plates turned so that the former Field side is now placed to be the Gage Side. Track shall meet a gauge of 56 3/4 inch. Track alignment shall replicate the alignment of the removed track and with a uniform grade.

Four rail-holding spikes shall be used on each tie-on tangents and curves less than 4 degrees. Spikes on the gage side of the running rail shall be placed directly across from each other and the spikes on the field side of the running rail shall be placed directly across from each other. Spikes on the gage side shall be offset longitudinally from the field spike and all four spikes shall be rail-holding spikes next to the base of the rail. This pattern shall be held consistent. On curves 4 degrees or greater, but not more than 36 degrees, six spikes shall be used on each tie with the spikes located as follows: One rail-holding spike on the field side and two rail-holding spikes on the gage side for both rails. Reference Code of Federal Regulations Title 49, Track Safety Standards Part 213, Section 213.127, Rail Fastening

Systems. All work shall comply with American Railway Engineering and Maintenance of Way Association (ARMEA) standards.

Grade alignment, tamping and ballast regulating. Add #3 crushed stone to top of ties and timbers before tamping. Raising and tamping of track shall be performed with an automatic, vibratory, squeeze type power tamper with 16 tamping heads, capable of raising both rails simultaneously and maintaining or adjusting cross-level where possible and manually tamped and levelled in the areas where the ties interleave with the adjacent Tracks.

Joint bars shall be reused from those removed. Rail joint bars shall be installed so that bars are not cocked between the base and head of the rail.

Bars shall be properly seated in the rail and the full number of correct-size bolts, nuts, and spring washers installed. Bolts, Nuts and Spring Washers are to be New if replaced.

The Contractor shall dispose of all excavated ties, and timbers, materials in a manner that complies with all the regulations of the City, County, and the State of Pennsylvania.

Option TWO; to install Ties and Rail in South Chute:

Contractor shall supply all supervision, labor, equipment, and tools to complete the following track work:

The repair of South Chutes track shall consist of repair and upgrading of the cross ties and rail. Remove 150 each 8.6 crossties and replace and remove rail and in approximately 700 feet of track bed. Cross ties will be marked that need to be removed. Contractor shall install ties at designated location with south chute and install rail.

Steamtown NHS to supply: Ties, Spikes, Rail, Bolts, Tie Plugs, Rail Anchors and Ballast. Install ties and rail at designated location with South Chutes.

All hardwood ties and timbers are new pressure treated with creosote. Ties and timbers are grade five, 7” x 9” x 8.6’ with all ends plated. New rail installed is 136 RE. Ties and Rail are to be installed in-kind in track bed. Ties not replaced will have holes plug. Plugs are to be installed in all holes. Unless otherwise indicated or required by the interleaving of ties with adjacent track.

New 136 Re rail will need to be drilled for joint bars. Rail shall be drilled with 3½in. x 6in. x 6in. drillings for joint bars. Length of rail is 78 feet and 39 feet.

Joint bars to be install are new; with drilling of 3½in. x 6in. x 6in. Rail joint bars shall be installed so that bars are not cocked between the base and head of the rail. Bars shall be properly seated in the rail and the full number of correct-size bolts, nuts, and spring washers installed. Bolts, Nuts and Spring Washers are to be new.

Tie plates are to be reused from those removed and shall be appropriate for the 136 lb. Rail. Tie plates shall make full contact with the tie, centered on the tie and avoiding any gravel or other debris between the tie and the face of the tie plate. The base of the rail and the surface of the tie and tie plate shall be free of dirt and other foreign materials prior to laying rail. 136 lb.

Rail is to be reinstalled on tie plates turned so that the former Field side is now placed to be the Gage Side. Track shall meet a gauge of 56 3/4 inch. Track alignment shall replicate the alignment of the removed track and with a uniform grade.

Four rail-holding spikes shall be used on each tie-on tangents and curves less than 4 degrees. Spikes on the gage side of the running rail shall be placed directly across from each other and the spikes on the field side of the running rail shall be placed directly across from each other. Spikes on the gage side shall be offset longitudinally from the field spike and all four spikes shall be rail-holding spikes next to the base of the rail. This pattern shall be held consistent. On curves 4 degrees or greater, but not more than 36 degrees, six spikes shall be used on each tie with the spikes located as follows: One rail-holding spike on the field side and two rail-holding spikes on the gage side for both rails. Reference Code of Federal Regulations Title 49, Track Safety Standards Part 213, Section 213.127, Rail Fastening Systems. All work shall comply with American Railway Engineering and Maintenance of Way Association (ARMEA) standards.

Grade alignment, tamping and ballast regulating. Add #3 crushed stone to top of ties and timbers before tamping. Raising and tamping of track shall be performed with an automatic, vibratory, squeeze type power tamper with

16 tamping heads, capable of raising both rails simultaneously and maintaining or adjusting cross-level where possible and manually tamped and levelled in the areas where the ties interleave with the adjacent Tracks.

The Contractor shall dispose of all excavated ties, materials in a manner that complies with all the regulations of the City, County, and the State of Pennsylvania.

Option THREE; Install three-piece tub style railroad crossing that consists of a base unit and two center panels and 136 RE rail and rail replacement.

Contractor shall supply all supervision, labor, equipment, and tools to complete the following track work:

Contractor is to install a new three-piece concrete tub style railroad crossing that consists of a base unit and two center panels and 136 RE rail in approximately 320 feet of track bed.

The repair of Depot Runaround track shall consist of repair and upgrading of rail. Replace rail and in approximately 320 feet of track.

Steamtown NHS to supply: Spikes, Rail, Bolts, Tie Plugs, Rail Anchors and Ballast. Install ties and rail at designated location with Depot Runaround.

New rail installed is 136 RE. Rail to be installed in-kind in track bed. Ties not replaced will have holes plug. Plugs are to be installed in all holes. Unless otherwise indicated or required by the interleaving of ties with adjacent track. Comp bars that are remove at turnout shall be reused.

New 136 Re rail will need to be drilled for joint bars. Rail shall be drilled with 3½in. x 6in. x 6in. drillings for joint bars. Length of rail is 78 feet and 39 feet.

Contractor will need to weld ramp from 131 to 136 rail.

Joint bars to be install are new; with drilling of 3½in. x 6in. x 6in. Rail joint bars shall be installed so that bars are not cocked between the base and head of the rail. Bars shall be properly seated in the rail and the full number of correct-size bolts, nuts, and spring washers installed. Bolts, Nuts and Spring Washers are to be new.

Tie plates are to be reused from those removed and shall be appropriate for the 136 lb. Rail. Tie plates shall make full contact with the tie, centered on the tie and avoiding any gravel or other debris between the tie and the face of the tie plate. The base of the rail and the surface of the tie and tie plate shall be free of dirt and other foreign materials prior to laying rail. 136 lb.

Rail is to be reinstalled on tie plates turned so that the former Field side is now placed to be the Gage Side. Track shall meet a gauge of 56 3/4 inch. Track alignment shall replicate the alignment of the removed track and with a uniform grade.

Four rail-holding spikes shall be used on each tie-on tangents and curves less than 4 degrees. Spikes on the gage side of the running rail shall be placed directly across from each other and the spikes on the field side of the running rail shall be placed directly across from each other. Spikes on the gage side shall be offset longitudinally from the field spike and all four spikes shall be rail-holding spikes next to the base of the rail. This pattern shall be held consistent. On curves 4 degrees or greater, but not more than 36 degrees, six spikes shall be used on each tie with the spikes located as follows: One rail-holding spike on the field side and two rail-holding spikes on the gage side for both rails. Reference Code of Federal Regulations Title 49, Track Safety Standards Part 213, Section 213.127, Rail Fastening Systems. All work shall comply with American Railway Engineering and Maintenance of Way Association (ARMEA) standards.

Grade alignment, tamping and ballast regulating. Add #3 crushed stone to top of ties and timbers before tamping. Raising and tamping of track shall be performed with an automatic, vibratory, squeeze type power tamper with 16 tamping heads, capable of raising both rails simultaneously and maintaining or adjusting cross-level where possible and manually tamped and levelled in the areas where the ties interleave with the adjacent Tracks.

Concrete panels will hold the 136 re rail in place as well as provided an even plain for pedestrian or vehicle crossing. Concrete panels are 4’ long by 8’ wide and standard thickness of 13 inches thickness on all three panels. Crossing total length is12 foot. With a reverse diamond plate pattern.

Contractor is to prepare site for crossing to be installed at designated location with depot track at designated location with depot runaround track. Remove and rails, old track ballas, and ties. Installation of new track panel shall be pre manufacturer spec standards. Once site has been cleared, graded, and prepared new crossing panels will be installed. New stone will be in a deep of 18 inches. This area of work has a 600-volt cable underground.

In area of wooden crossing concrete shall be installed in two areas of board walk. Contractor shall remove two wooding walkway and replace with concrete. One area is 12 feet x 22 feet deep shall be 8 inches and one area is 12 feet x 8 feet deep shall be 8 inches.

The Contractor shall dispose of all excavated ties, materials in a manner that complies with all the regulations of the City, County, and the State of Pennsylvania.

Portable Toilets:

OSHA requires a portable toilet on a construction site under the Safety and Health Regulations for a Construction (1923.51 (c) (1), 1926.51 (c) (3), (I), (ii), (iii), (iv). The Contractor shall supply at least one portable toilet, and associated services at the staging area for this project, and see to its proper maintenance and security, and comply with all the OSHA requirements.

Railroad Insurance is needed for this work.

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.

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.

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.

Reference DL Special Service in Appendix

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 about:blank

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.

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.

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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:

• Bodily Injury and Property Damage

• Personal Injury and Advertising Injury

• Fire Legal Liability

• Products and Completed Operations

• Contractual Liability

b) 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.

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

e) 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”.

f) 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.

g) 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.

h) 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.

i) 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.

j) 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.

k) 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.

m) 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.

n) 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. I f you do not have a copy of these regulations, please contact the PNRRA and one w ill 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

SAFETY REQUIREMENTS:

29 CFR § 1910.332 - Training. CFR prev | next § 1910.332 Training. (a) Scope. The training requirements contained in this section apply to employees who face a risk of electric shock that is not reduced to a safe level by the electrical installation requirements of §§ 1910.303 through 1910.308.

Public Safety must be considered at all times. The Contractor must take precautions at all times to utilize and store materials and equipment needed to conduct the work in a way that will prevent injury to citizens.

Contractor must ensure that proper signs, caution tape or physical barriers or other devices are utilized as needed to signal a hazard or restrict public access. In addition, the Contractor must ensure the safety of their workers by adhering to industry best practices, OSHA safety, traffic safety guidelines as applicable for the work being performed. The City Project Manager reserves the right to temporarily stop work if they see an unsafe practice and to suspend work until the issue is addressed.

GENERAL REQUIREMENTS:

Before the commencement of work, the Contractor shall survey the site.

The Contractor shall take the necessary precautions to avoid damages to existing items. Any damaged items shall be repaired or replaced at the Contractors expense as directed by the Contracting Officer’s Representative

(COR).

Government-Furnished Property:

Steamtown NHS shall provide contractor with:

Base

Total of 300 - 7”x9”x 8.6’ cross ties.

Total of 14 Timbers from 10 foot to 15 foot.

Two 15-foot timbers.

One 14-foot timber.

Two 13-foot timbers.

Two 12-foot timbers.

Five 11-foot timbers.

Two 10-foot timbers.

Rail 136 RE 78 Foot

Comp bars reused two that are on rail now from turnout on depot runaround.

Joint bars 8 pair

Total of 1,750, 5/8” x 5/8” x 6” Railroad spikes.

Ballast #3 crushed stone as needed.

Rail Anchors as needed.

Option Work One:

Total of 161 - 7”x9”x 8.6’ cross ties.

Total of 10 Timbers from 9 foot to 16 foot.

One Nine-foot timber.

Two 9-foot timbers.

Two 11-foot timbers.

Four 13-foot timbers.

One 16-foot timbers.

Total of 400, 5/8” x 5/8” x 6” Railroad spikes.

Ballast #3 crushed stone as needed.

Option Work Two:

Total of 150 - 7”x9”x 8.6’ cross ties.

Total of 600, 5/8” x 5/8” x 6” Railroad spikes.

Joint Bars 20 per.

120 Track Bolts.

136RE Rail 18-78 feet rails.

Ballast #3 crushed stone as needed.

Option Work Three:

Joint Bars 10 per.

60 Track Bolts.

136RE Rail 8-78 feet rails.

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 or government shutdown. 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.

CONFIRMATION OF WORK:

All work to be confirmed and subject to Quality Control Methods before being approved by the COR.

COMPLIANCE:

The contractor shall be fully responsible for compliance with all Steamtown NHS, local, state, and Federal occupational safety laws, rules, and regulations.

The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of Park Visitors and Park Personnel and Wildlife.

The contractor is responsible for meeting all applicable OSHA and Steamtown NHS guidelines for safe working procedures.

All work for the duration of the contract shall be performed by certified trained technicians.

CONTRACTOR EMPLOYEES:

Contractor’s personnel shall present a neat appearance and be easily recognized as contract employees. Example: wearing steel toe boots, hardhat and safety glasses ID badges and or name tags.

CONTRACTOR EMPLOYEE IDENTIFICATION:

All contractor employees must be clearly identified as contractors (not NPS employees) when performing services under this contract. This includes visual (appearance), verbal (phone), and electronic (email). The contractor must provide all names of employees to COR when on site.

CONTRACTOR EMPLOYEE CONDUCT:

The contractor is completely responsible for all actions and conduct of their employees. Contractor employees must be well-groomed and neat in appearance.

Contract employees must be professional in attire and must not wear any offensive clothing.

Contractor employees must conduct themselves in a socially acceptable manner appropriate for an office work environment; Loudness, vulgarity, rudeness, smoking, or other similar offensive conduct by a contractor employee may be grounds for denying the employee further access to Steamtown NHS premises.

Contractor employees must not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract.

CONTRACTOR…