ADDENDUM No. 2

METRO-NORTH COMMUTER RAILROAD COMPANY A Public Benefit Corporation of

THE STATE OF NEW YORK

Invitation for Bid No. 1000130342

CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF THE HARLEM RIVER LIFT BRIDGE WATERSIDE PROTECTION, PIER REHABILITATION, MISCELLANEOUS AND SESIMIC RETORFITS, AND NORTH APPROACH SPAN REPAIRS

ADDENDUM No. 2

November 13, 2019

The following constitutes Addendum No. 2 issued to the bid documents to Invitation for Bid No. 1000130342 dated November 13, 2019. Each Proposer shall acknowledge receipt of this Addendum in the submitted Bid. A copy of this Addendum shall be returned with your Bid.

You are hereby informed of the following changes in the above reference IFB:

Item 1 – Response to Questions and RFP The following is comprised of Metro-North Railroad's responses to questions and RFI’s submitted with respect to the subject IFB.

Question 1 General Notes #7 of the Waterside Protection states “Contractor shall obtain all necessary licenses and/or permits required to perform the specified work”. Has Metro-North obtained any permits for the work?

Response 1 Permits obtained to date are located in the Attachments in Technical Provisions “01 41 00 Regulatory Permitting Requirements”. Supplemental information has been submitted to agency for the Pier Rehabilitation project. Coast Guard Permitting filed to date is included herein to this addendum.

Question 2 Will Contractor’s be required to take the Contractor Railroad Safety Training?

Response 2 Yes, all contractors will be required to take and successfully pass the MNR Contractor Safety Training as of October 31, 2019 or sooner. There were important updates to the training module which are denoted on the temporary and permanent safety training cards as “Safety Training and Class C Electrical Training.” It is the contractor’s responsibility to verify that they have successfully completed the appropriate training and have their valid MNR Contractor Safety Training Card (temporary or permanent) with them. (Ref Article 1.20.F of the Terms and Conditions for more information on Contractor Safety Training)

Question 3 Is the in-water work restrictions from 1/15 through 6/30 subject to change?

Response 3 The in-water work restrictions were set by USCG and NOAA Fisheries. See Attachments in Technical Provision “01 41 00” for in-water work restrictions.

Question 4 Is there access to Piers B & E?

Response 4 There is no direct access to the top of pier at B & E. Access to the top of the pier shall be by water via barge or other appropriate means provided by the Contractor.

Question 5 Access to the existing fender was limited during the tour. Please provide existing drawings and plans.

Response 5 See Reference Drawings in Attachment B1 – Waterside Protection Drawings

Question 6 Can work be done at the same time on both towers for the seismic retrofit and miscellaneous improvements?

Response 6 Yes.

Question 7 Does the contractor have to seal the concrete under the new 1.25-foot concrete encasement?

Response 7 No, see Technical Provisions specification 03 30 01 for additional information.

Question 8 In the Harlem River Lift Bridge Waterside Protection Drawings, Drawing G-03, Under Suggested Construction Sequencing, Notes 7 and 8, can you please confirm that all new Fender work must be complete on one Pier before new fender work can proceed on another pier? Does this restriction include demolition on the adjacent pier while work is being done on another pier?

Response 8 The contractor shall follow the US Coast Guard’s General Construction Requirements. See Attachments in Technical Provision “01 41 00”.

Question 9 According to the Specifications, the Contractor must supply an Engineer's Filed Office. For an accurate estimate of the costs to connect the office trailer to utilities, can you please supply us with a location of the Engineer's Office Trailer.

Response 9 The contractor can make arraignments with NYC DOT and NYC Parks for field office location. Past locations for trailers were in the Parks on the Manhattan side and Park Ave on the Bronx side.

Question 10 According to the specifications, in Summary of Work, Under F, Limitations of Work Areas, No. 4, "No in-water work from 1/15 to 6/30 of each year is allowed (per U.S. Coast Guard Permit stipulations)". There are no US Coast Guard stipulations in regards to limitations on working in the Harlem River during any time of year. Please explain and clarify when there can be no in-water work.

Response 10 See Attachment D, Technical Provision, specification 01 41 00 and the corresponding attachment from NOAA Fisheries titled “Federal Interagency Comment Form”

Question 11 Please define the major components allowed for bridge openings (lifting the span).

Response 11 Bridge openings are not allowed on this project. See Technical Provisions, Specification 01 11 00 Summary of Work Part 2.A included herein with this Addendum.

Question 12 Under the Measurement and Payment section of the technical specifications, letter I and J, Item No. 8 and Item No. 9, are for 24" Piles and 72" shafts. Does the pay length for these item include the length of the rock socket installed as well, or is the pay length only for the pipe material above the ground, and not the length of the rock socket?

Response 12 Total length of piles does not include length of the rock socket installed. The cost for rock sockets shall be part of Item No. 7 Waterside Protection at Harlem River Lift Bridge (Lump Sum).

Question 13 According to Track Outage Stipulations in Contractor Requirements for Work Affecting the Railroad (Specification 01 14 50), two-track and four-track outages are permissible, will the bridge be operational during track outages?

Response 13 Yes, the Contractor shall not impede the operation (lifting) of the bridge during the course of this project. There are no bridge openings permitted for this project, See Technical Provisions, Specification 01 14 50 Contractor Requirements for Work Affecting the Railroad.

Item 2- Attachments 1-4: - 01 11 00 Summary of Work - 01 14 50 Contractor Requirements for Work Affecting the Railroad - 01 20 00 Measurement and Payment - Bid Sheet - US Coast Guard Application - Appendices Combined

END OF ADDENDUM No. 2

All other information included in this IFB remains the same.

SECTION 01 11 00 SUMMARY OF WORK

PART 1 – GENERAL

1.01 CONTRACT DESCRIPTION

The work under this Contract is to supply all the material, equipment, and labor to construct the Harlem River Lift Bridge (HRLB) Waterside Protection, HRLB Pier Rehabilitation, miscellaneous and seismic retrofits to the HRLB, and pier repairs on the Bronx approach in accordance with the Contract Drawings and Technical Specifications.

1.02 WORK COVERED BY CONTRACT DOCUMENTS

A. The work to be performed is shown on the Contract Drawings and described in these specifications. The work to be performed shall not be limited to the exact extent mentioned or described but shall include all incidental work necessary or customarily done for its completion. The Contractor shall furnish labor, supervision, services, material, equipment, plant machinery, apparatus, appliances, tools, supplies, and other incidental items necessary to complete each item of work as specified in the Contract Drawings and Specifications. The contractor’s work includes, but is not limited to, the following tasks: 1. Project mobilization and submittals.

2. Site preparation, including but not limited to: setting up work barges and providing safe access to the river and land work zones: installation of construction and security fence and lighting, mobilization of construction equipment, staging of equipment and materials on site.

3. HRLB Waterside Protection:

i. Removal of the following components: 1. Existing timber fender extending from Pier D (Bronx side) 2. Existing timber fender and walkway at Piers B, C, D and E (to the limits shown on the plans) 3. Existing pile cluster at South corner of Pier D 4. Single existing pile where Type ‘B’ fender is to be installed off the South corner of Pier D ii. Installation of two different fender systems (Type ‘A’ and Type ‘B’) consisting of composite lumber for protection beneath the bridge deck and outside of the pier. 1. Type ‘A’ Fender – Beneath bridge deck 2. Type ‘B’ Fender – Outside of pier limits iii. Installation concrete-filled steel drilled shafts too accommodate proposed fender system beneath the bridge deck 1. Type ‘A’ Fender – Four 72” drilled shafts iv. Installation of the following concrete-filled steel pipe piles to accommodate proposed fender systems outside of the deck limit: 1. Type ‘B’ Fender – Thirty 24” driven piles v. Installation four steel beams (two for each side of the channel) to serve as the protective barrier for the Type ‘A’ fender vi. Installation of maintenance walkways for both types of fender systems vii. Installation of the following miscellaneous components:

SUMMARY OF WORK 01 11 00-1

1. Navigation lights 2. Remove and replace existing waterway signs 3. Floating barriers between the Type ‘B’ fenders and the Bronx and Manhattan shorelines

4. HRLB Pier Rehabilitation

i. Perform concrete repairs to the four river piers. Work includes, but is not limited to: repairing cracks above and below water, repointing granite stone, cleaning concrete surfaces, removing unsound concrete, drilling and grouting rebar, encapsulating pier with new concrete, and adding protective coating.

5. HRLB Miscellaneous Improvements i. Install new aerial beacon system including new interior access stairs and exterior railings on top of each lift tower. ii. Install new aerial markers and messenger cable between each lift tower. iii. Install new lightning protection system on top of each lift tower. iv. Install ladders and railings. v. Repair the expansion joint safety flag in the wall of each lift tower machinery room. vi. Septic tank removal and disposal.

6. HRLB Seismic Retrofits i. Install tower shoes retrofit. ii. Install counterweight guide rails retrofit.

7. North Approach Pier Repair at Bridge HU 4.82 i. Repair deteriorated concrete at piers 3 and 7 on the north Bronx approach spans. ii. Install temporary jacking and shoring system. iii. Install door in pilaster walls. iv. Implement Maintenance and Protection of Traffic (MPT) for vehicles. v. Provide drainage pipe as directed by the Engineer.

8. Movement and Vibration Assessment, see section 02 22 13.

9. Lead Disturbance

i. For lead disturbance scope, see section 02 83 00.

10. Asbestos abatement. i. Provide access and general support to Metro-North’s on call contractor for the asbestos abatement, see section 02 82 13.

11. Site clean-up, demobilization and project closeout.

B. Work to be performed by the Contractor shall be staged such as to minimize disruption to railroad operations and the surrounding community. The scope of the work for this Contract shall include, but is not limited to, the following:

SUMMARY OF WORK 01 11 00-2

1. Preparing construction plans, staging, and sequencing around continuous railroad operations. No construction shall proceed without proper safe work plans (SWP) and shop drawings, unless authorized by the engineer.

2. All permits required for completion of this project as well as compliance with these permits are the responsibility of the Contractor.

3. Minimizing disruptions and impacts to adjacent roadways, the Harlem River and to the adjacent roadways and neighboring properties as well as MNR operations.

4. Keep the work site available for Metro-North operations during the construction period, unless otherwise noted in the construction phasing.

5. Consider the safety of the Work and that of the people and property on and adjacent to the work site, when determining amount, location, movement, installation, and use of materials and equipment on the work site.

6. Move stored products as often as necessary at no expense to Metro-North to prevent interference with foreseeable operations of Metro-North, public and private utilities, and other Contractors.

7. Protect the general public and Metro-North operations from construction-related activities. Conduct work in and on streets in a manner which will ensure that pedestrian and vehicular traffic will either not be obstructed or obstructed to the least possible degree.

8. Minimizing the extent of noise, dust, vermin, erosion and vibration during construction.

9. Provide all field facilities, support, etc. as identified in the contract documents for the duration of the contract.

10. Site investigation and topographical survey including delineation of right-of-way and property lines; and establishing project controls.

11. Provide all field facilities, support, etc. as identified in the Contract Documents for the duration of the contract.

12. Site preparation including: establishment of construction staging and access areas; construction debris removal and disposal; plus establishing site security and fencing (as needed).

13. Maintenance and Protection of Traffic for the Contractor’s efforts, and obtaining all applicable permits, as required.

14. Accurately locate any existing submarine cables and other subsurface utilities at the site.

15. Coordinate all work with Metro-North, resident engineer, CSX, and other outside agencies.

16. Work performed by the Contractor shall not interfere with the operation of the lift bridge.

SUMMARY OF WORK 01 11 00-3

C. Furnish all materials, plant, tools, equipment supervision, and labor required for the completion of the work, including phasing and scheduling of the work as required with minimal disruption of Railroad operations and surrounding community.

D. Protection of Existing Facilities

1. Any damage caused by the Contractor to rails, ties, embankment, signal and/or communication equipment, or other Railroad facilities shall be repaired by Metro-North forces or others at the Contractor's expense.

2. All existing facilities to remain and/or new work shall be adequately protected from damage as approved by the Engineer. Any damage shall be corrected by the contractor at no additional cost, to the satisfaction of the engineer.

3. The Utility Location Protocol listed below must be followed for all underground excavations: a) The Contractor will identify the areas in which they plan to work in a Four-Week-Look- Ahead at the regular Progress Meeting.

b) On Monday of each week, the Contractor will lay out the areas in which they plan to work the following week. These layouts will be in white to conform to the standard colors for locating utilities. The Contractor will notify Metro-North Railroad and request mark-out of underground facilities as necessary.

c) Non-Power Utilities: By 8:00 AM on Monday of the week following the Contractor’s layout, the MNR Force Account Task Manager will ensure that all non-power utilities within the area laid out by the Contractor have been marked out by MNR Force Account. The utilities will be color coded in accordance with the standard colors for locating utilities. This includes Signals, Communications, and Structures. The Contractor and Metro-North field staff representatives will be present while Force Account is doing these mark outs.

d) Power Utilities: The Contractor will lay out the power utilities based on the As-Built drawings and dig test pits to confirm the locations shown on the As-Builts. By 8:00 AM on Monday of the week following the Contractor’s layout, the Power Department will have a representative on site to review the laid out areas with the Engineer and the Contractor. This representative will identify if and where any additional test pits need to be dug to verify/expose utility locations. Once the test pits confirm utility locations, the contractor will be released to excavate in that area. If the utilities can not be located via the original test pit(s), the Power Department representative will coordinate with the Engineer to give further direction (if required) as to where to dig additional test pits. Under no circumstance will the contractor excavate until the locations of the utilities shown on the as-built drawings in the area of work are confirmed.

e) At the Monday morning coordination meeting, MN Force Account will confirm completion of the mark out or identify, to the best of their knowledge, any problem areas which that could restrict the contractor’s excavation. Based on these mark outs, the contractor will test pit the marked out utilities before any excavation is performed in the area of these utilities.

SUMMARY OF WORK 01 11 00-4

f) The Contractor will dig a test pit for each known and/or marked out utility. If the utility cannot be verified, the Force Account department responsible for the mark out will return to provide a new location within 24 hours of notification. These test pits will be well in advance of the excavation. Both MNR and the Contractor must concur that procedures were followed before machine excavation begins.

g) In the event the Contractor uncovers an unmarked utility, the Metro-North Inspector will immediately contact the MNR “Response Team” to have the utility identified and its status determined. If abandoned and not in service, the responsible Response Team member can authorize the removal of the interference. Direction will be provided as to how to handle the unmarked utility as soon as possible but no longer than 24 hours.

h) The Contractor will mark all utilities that are found to be abandoned. This will facilitate future identifications in parallel trenches.

i) The Contractor recognizes that MN Force Account crews are subject to call out for Railroad emergencies. Therefore the Contractor will have identified a minimum of two days work beyond the anticipated week’s production.

j) The Contractor shall adhere to all requirements of the contract documents pertaining to excavation and underground utilities. The Contractor is reminded of the requirement that all excavation equipment be properly grounded.

k) STANDARD UTILITY LOCATE COLORS: Red = Electric; Green=Sewer; Pink = Temporary Survey Markings; Orange = Communications/Signals; White = Proposed Excavation; Blue = Water; Yellow = Gas/Oil

E. Work Area Limits:

1. Contract limits are as identified in the Contract Documents.

2. Work area sequencing needs to be in accordance with the Contract Documents and submitted for approval.

F. Limitations in Work Area(s)

1. Contractor’s equipment, and material, shall be deployed from approved Contractor laydown areas adjacent and/or near the work area.

2. The Contractor shall provide security fencing and gates, including security lighting, at the work area(s) and on the Harlem River, for both the Contractor and Railroad personnel, throughout the entire construction duration.

3. The Harlem River is a navigable waterway under the jurisdiction of the U.S. Coast Guard.

SUMMARY OF WORK 01 11 00-5

4. No in-water work from 1/15 to 6/30 of each year is allowed (per U.S. Coast Guard Permit stipulations)

G. Staging, Laydown, and Storage Areas

1. The Railroad will not be providing staging, laydown or storage areas for use by the Contractor for this project.

2. The Contractor shall furnish, for their use and at their expense, off-site staging, laydown and storage area(s) as may be required to properly perform the Work, for the duration of the Contract.

3. The Contractor shall provide traffic barriers to properly close the roadway and fully fence the project site to prevent unauthorized vehicle and pedestrian access. The Contractor shall be responsible for providing all security personnel, lighting and equipment to protect all property and personnel thereon.

4. Upon completion of the project, such areas shall be completely vacated, and the site shall be restored to its serviceable condition.

PART 2 – WORK BY OTHERS

A. Metro-North will: 1. Provide protective personnel (conductor-flagman, power) as required. i. MNR Forces will disconnect existing navigation lights at the power source, and will terminate new and relocated navigation lights at the power source. The Contractor shall be responsible for all demolition and new installations. 2. Perform asbestos abatement by Metro-North On-Call contractor, see section 02 82 00. i. The Contractor is responsible for coordination of the abatement work. The Contractor shall provide access and general support to Metro-North’s on call contractor for the asbestos abatement.

3. Bridge Openings ii. The number of bridge opening periods is restricted to a maximum of four (4) for the major components of work: Bridge openings are not allowed for this project.

B. Sequence of Work: 1. Work shall be performed and completed in accordance with the “Contract Terms and Conditions”.

PART 3 – EXECUTION

A. The following shall be furnished to the Contractor: 1. One (1) set of Contract Documents on CD-ROM. 2. One (1) set of CAD contract drawings on CD-ROM. 3. One (1) 1 copy of the Railroad's written Safety Rules

SUMMARY OF WORK 01 11 00-6

B. The Contractor shall report to the Engineer any deviation of the actual conditions from those depicted by the drawings. Should any deviation be found, MNR shall review the Contractor recommended corrective actions to be taken. C. Consideration shall be given to the Contractor for requests to change or modify any work shown on the plans to safely and economically erect the structure. Any changes or modifications shall be subject to the approval of the designer and the entire cost of these changes shall be borne solely by the Contractor.

PART 4 – MEASUREMENT AND PAYMENT

See Section 01 20 00 – Measurement and Payment

END OF SECTION

SUMMARY OF WORK 01 11 00-7

SECTION 01 14 50 CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD

PART 1 – GENERAL

1.01 SCOPE

A. This section governs the Contractor’s planning of activities and performance of work which has the potential to affect the operation of the Railroad and/or Railroad facilities, as well as the general public. This includes scheduling time for submission, review, and approval of all inter-agency agreements and permits, including the MNR, USCG, CSX, NYCDOT- OCMC, and other coordinating agencies, as required.

B. Submittals: i. Engineered Erection, Demolition or Other Rigging plans ii. Engineered Sheeting and Excavation Support Plans iii. Engineered Scaffolding Plans iv. Engineered Fall Protection Plans v. Track Monitoring Data vi. Work Plans vii. Disabling Stored Equipment

C. Related sections include:

1. Contract Article 1.23 – “Requirements for Performing Work Adjacent to or Within the Right-of-Way of Metro-North” of the “Contract Terms and Conditions.”

2. Section 01 33 60 – Safety, Health & Environmental Control

D. References:

1. US Department of Labor (USDOL) Occupational Safety and Health Administration (OSHA)

2. Metro-North Railroad: i. Metro-North Company Standards & Technical Provisions ii. Metro-North General Safety Instructions iii. Metro-North Operating Rules and MW-4 iv. Metro-North Electrical Operating Instructions MN-290

1.02 FOUR WEEK LOOK-AHEAD SCHEDULE

A. The Contractor shall submit a detailed four week look-ahead schedule at the end of every week that projects the Contractor’s activities for four weeks beginning on the Monday after submission. The four week look-ahead schedule shall include the name of the scheduled activity, work shift start time and finish time, technical submittal status, inspection hold point if applicable, work plan submittal status, safe work plan submittal status, responsible Contractor and the projected time frame to complete each scheduled activity respectively.

B. The four week look-ahead schedule shall also project the Contractors requirements for Metro-North Railroad protective personnel, track and power outages to complete each

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-1 activity. Requests made on the four week look-ahead for future protective personnel, track outages and power outages must be made in accordance with the contract terms and conditions.

C. Metro-North Railroad will not schedule protective personnel, track outages, railroad power outages nor will the Contractor be allowed to work on activities that do not have approval on all submittals required for performance of the work.

D. Costs incurred by the Contractor for work stoppage or negative schedule impacts from a failure to abide by these requirements shall be borne by the Contractor.

E. For two track closure requests, the Contractor shall submit advanced notice two weeks prior to the requested track outage

F. For four track closure requests, the Contractor shall submit advanced notice four weeks prior to the requested track outage.

G. A sample Safe Work Plan is included in Attachment A to this Section.

H. The schedule shall include time for submission, review, and approval of all inter-agency agreements and permits, including the USCG, CSX, NYCDOT-OCMC, and other coordinating agencies, as required.

1.03 RAILROAD PROTECTIVE PERSONNEL

A. The Contractor is advised that during the course of work Railroad protective personnel (Flagmen), track and power outages will be required. Track and power outages will be as outlined below. Request for track outages shall be made in accordance with Article 1.23 – “Requirements for Performing Work Adjacent to or Within the Right-of-Way of the Railroad” of the “Contract Terms and Conditions”.

1. Metro-North Railroad will furnish the services of all flagmen and protective personnel as required by Metro-North Railroad to protect the operation and safety of train traffic and construction throughout the duration of this Contract. There will be no charge to the Contractor for protective personnel provided the Contractor notifies Metro-North Railroad in writing fourteen (14) days in advance of the work commencing. The requirement for protective personnel will be at the sole discretion of Metro-North Railroad.

2. If the Contractor fails to notify Metro-North Railroad before the deadline noted above, the availability of protective personnel cannot be assured. If protective personnel are available, the cost for the personnel shall be borne by the Contractor.

3. Cancellation of requests for protective personnel shall be received by Metro-North Railroad a minimum of ninety six (96) hours prior to the scheduled work. Failure to notify Metro-North Railroad of work cancellation prior to this deadline shall result in the Contractor bearing all costs for protective personnel and related Metro-North Railroad costs.

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-2

4. If protective personnel are scheduled to work and no work is performed by the Contractor, the costs for the protective personnel and related Metro-North Railroad costs shall be borne by the Contractor. No charges will be incurred by the Contractor for scheduled protective personnel unable to work due to cancellation of the work for reasons beyond the Contractor's control such as inclement weather or Metro-North Railroad emergency.

5. The Contractor shall reimburse Metro-North Railroad for the above-noted charges within a reasonable time as determined by Metro-North Railroad. Failure to reimburse Metro-North Railroad will result in deduction of the charges from any monies due the Contractor under this or any other contract with Metro-North Railroad.

B. The Contractor is notified that certain construction operations may require obtaining a track outage from the Railroad. A track outage shall constitute the removal of a track from service by the Railroad.

1. The Contractor shall assume that any and all operations which foul the adjacent track will require a track outage. 2. Fouling of an adjacent track is defined in Article 1.23 - "Requirements for Performing Work Adjacent to or Within the Right-of-Way of the Railroad" of the "Contract Terms and Conditions". If the Contractor's operation is not fouling an adjacent live track, then the requirement for a track outage shall be determined by Metro-North Railroad.

C. In the event of emergencies the Contractor shall immediately vacate the work area or restrict work as instructed by the Railroad.

D. The construction effort will involve weekend outages for removal and installation of side power conductors, removal the existing bridge superstructure and installation of new bridge superstructure.

E. The Contractor is notified that, dependent upon line of sight, one (1) conductor flagmen can protect Contractor work gangs no more than three hundred (300) feet apart. Additionally, each piece of rail mounted equipment or a towed pair of rail mounted equipment will require a conductor flagmen (pilot).

1.04 TRACK AND POWER OUTAGES

A. Certain portions of the Contractor’s work will be limited as to the time when the work can be performed in order to minimize the effect on train operations. Track outages will be considered based on Contractor need, not convenience. The Contractor’s work schedule shall be governed by the sections below.

B. Power outages shall be defined as outages required to depower traction power and/or side power lines.

C. Track and power outages do not always coincide. Track outages, power outages and protective personnel must be coordinated at weekly meetings.

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-3

D. Permissible track and power outages are subject to coordination with outages for other projects.

E. The Contractor shall dedicate 45 minutes time during each track outage period to clear the tracks to allow track(s) to be restored to service by the end of the outage period stated below.

F. The Contractor shall dedicate 45 minutes time at the start of each side power outage period for MNR Power Department to place and remove equipment grounds as well as restoring power to the systems. During this time, the Contractor will not be permitted to foul clearances to energized wires in the process of being de-energized – this time is reserved for the exclusive use of the Railroad; the remaining time is available to the Contractor.

G. On average over the course of the Project, the Contractor shall assume that track outages will be granted 80 percent of the hours requested. However, no guarantee is made that these percentages will be met.

H. Continuous track outages are tracks taken out-of-service by the Railroad from Friday 2300 to Monday 0500.

I. Long term track outages are tacks taken out-of-service by the Railroad 24 hours a day for 7 days a week.

J. Both projects are located on the same section of track between interlocking or Change Points (CPs): CP 3 to CP 5.

K. Request for Track Outages

Any and all requests for track outages shall be made in writing to Metro-North Railroad no later than 14 days prior to the outage is required.

L. Availability of Tracks

While every effort will be made by the Railroad to give the Contractor use and availability of track outages as requested and/or scheduled, no claims may be made against the Railroad for lost time due to either non-availability of track outage or less than the number of hours and/or schedules. Due to conflicts with other Railroad construction and maintenance projects which may be performed simultaneously with this project, the Contractor is advised that track outage availability can neither be guaranteed nor accurately predicted. It shall be at Metro-North Railroad's sole discretion as to whether the Contractor's work requires a track to be taken out of service or other protection required.

M. Restriction on Track Outages

1. The Contractor shall dedicate sufficient time in each period to restore the track to a fully operations mode as determined by an inspection by the Railroad. The Contractor shall also be responsible for dedicating sufficient time in each period for the required inspection by the Railroad and for additional Contractor actions necessary to obtain Railroad acceptance of the track as fully ready for service.

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2. In addition to track outages, certain of the Contractor's operations may require de- energizing of the power lines. The power may remain energized even if the track is out of service. The requirements as to whether the operations require the de-energizing of the power shall be determined by the Metro-North Railroad. In general, those operations which require the Contractor's personnel or equipment to be physically located either on the track itself or immediately adjacent to third rail and/or side power require de-energizing.

Any and all requests to de-energize power systems shall be submitted concurrently with the request for track outage.

N. Track Outage Stipulations: CP 3 to CP 5

1. Long Term Track Outages

No long term track outages will be granted for this project.

2. Single Track Outages

Single track may be closed to train traffic during the following hours:

Weekdays: 1000 hrs. to 1500 hrs Weeknights: 2300 hrs. to 0500 hrs. Weekends: 2300 hrs. to 0500 hrs.; Friday to Sunday

3. Off-Peak Two Track Outages:

An additional track outage adjacent to the above single-track outages may be requested between 0001 hrs. to 0500 hrs. weeknights and weekends. The need for two track outages shall be approved by the Engineer and Metro-North based on the scope of work to be performed.

The contractor shall maximize the work being performed during two track outages. For example, the contractor shall clean and seal both piers C & D concurrently during the two track outage.

The Contractor shall provide two weeks’ notice when requesting two track outage periods.

4. Off-Peak Three Track Outages:

No three track outages will be granted for this project.

5. Off-Peak Four Track Outages:

Short duration four track outage periods may be requested to perform critical work activities of construction.

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The following restrictions will apply to these outages:

i. The total maximum number of four track outage periods available for this project is six (6). Additional track outages may be requested from the Railroad but are not guaranteed.

ii. Four track outage periods will be made available on daily basis from 0200 hrs. to 0500 hrs. Holiday restrictions will apply as detailed below.

iii. The Contractor shall provide four weeks notice when requesting four track outage periods.

iv. Four track outage periods are anticipated for the following tasks:

a. Cleaning and sealing Piers C & D by the Negative Supply Line

O. Holiday Restrictions

i. The Contractor shall not schedule or perform any activities that require overnight inspection or support by Metro-North Railroad or that interferes with the operation of trains or the flow of passengers from 1300 hrs. through midnight on the eve of each holiday and from 0001hrs. through midnight the day of each holiday. The holidays subject to the preceding restrictions are:

New Year’s Day Yom Kippur Martin Luther King, Jr.’s Birthday Veteran’s Day President’s Day Thanksgiving Day (until the Passover following Monday) Good Friday Chanukah Easter Sunday Christmas Eve Memorial Day Christmas Day Independence Day New Year’s Eve Labor Day

ii. Activities such as, but not limited to, the set-up, relocation and dismantling of protective barriers, barricades, scaffolding and the like, and any activities that produce loud noises, dusts, fumes, airborne contaminants and other discharges will be considered as interfering with the operation of trains and the flow of passengers.

iii. The date of observance at the worksite of all days preceding holidays will be as determined by Metro-North Railroad. For any holiday that is to be observed on a Monday the designated eve of such holiday, which will be subject to the above restrictions, shall be the preceding Friday.

P. New York Yankee Home Games – Track Restrictions

i. Metro-North Railroad runs additional trains to service the Yankee Stadium station during home games. When home games are being played, the first track outage on Tracks 1 and 2 shall commence at 2330 instead of 2300 hrs. This shall apply

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-6 to games scheduled to be played on Friday nights. No effect is anticipated for Track 3 or 4 outages.

ii. In the event that a home game is scheduled to be played on a Saturday or on a Sunday, the Contractor shall be required to return the second track so that it can be restored to service two (2) hours before the scheduled start of the game. The second track may again be taken out of service two (2) hours after the conclusion of the game.

iii. These requirements regarding track usage during Yankees home games shall also apply during post season games.

Q. Bridge Openings

No bridge openings will be granted for this project.

1.05 ROADWAY CLOSURES

A. All roadway or lane closures will require permits from NYCDOT-OCMC.

1.06 SAFETY AND FIRE PROTECTION ASSURANCE

The Contractor shall:

A. Comply with the Occupational Safety and Health Standards issued by the Secretary of Labor pursuant to the Williams-Steiger, Occupational Safety and Health Standards, part 1970 and part 1926.

B. Implement Safety and Fire Protection Plans: Submit in accordance with the Contract Terms and Conditions.

C. Provide Fire Protection:

1. Take adequate precautions against fire through-out all operations. Keep flammable material at an absolute minimum and properly handle and store. Except as otherwise provided herein, do not permit fires to be built or open salamanders to be used in any part of the Work.

2. Store gasoline and flammable liquids in Underwriters Laboratories, Inc. listed safety containers in conformance with the National Board of Fire Underwriters recommendations.

1.07 CONTRACTOR'S OPERATION

A. The Contractor is hereby advised that this is an operating railroad and, as such, the Contractor shall be required to coordinate all of its operations with those of the Railroad. While every effort will be made to minimize interruptions, adjacent track may not be available to the Contractor at certain times due to Railroad needs.

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B. Approximately 750 trains will pass through the worksite over a 24-hour time period during the work week. Approximately 750 trains will pass the site over a 24-hour time period during a weekend.

C. The Contractor is also hereby advised that other Contractors will be performing work on different projects at the same time which may also require track outages. While every effort will be made to approve requests for track time as submitted, the final approved schedule of track outages may be influenced by other Contractors' work.

1.08 CONTRACTOR’S USE OF WORKSITE

A. Confine worksite operations to areas permitted by the Railroad, ordinances and permits, and to areas for which the Contractor has obtained easements.

1. The Contractor shall be permitted to use the staging area designated on the Contract Drawings for field offices, parking, storage of materials and equipment and other related activities.

2. The Contractor will not be allowed to use any other areas of the site to perform these functions unless approval has been received from Metro-North Railroad.

B. Access to Worksite shall be from public Right-of-Way and by "high-rail" equipment as defined in 1.11 below.

C. Consider the safety of the Work and that of people and property on and adjacent to worksite, when determining amount, location, movement, and use of materials and equipment on worksite.

D. Protect all existing surfaces and facilities from any damage resulting from construction operation.

E. Secure additional storage and work areas needed for operations.

F. If the Contractor wishes to have utilities temporarily relocated for his convenience, he shall so arrange with the utility owners and reimburse them for the cost of that work.

1.09 FORCE ACCOUNT WORK

A. All work to be done to Railroad facilities unless otherwise noted on the drawing shall be completed by Metro-North Railroad ("the Railroad") or others.

B. Force Account work will be performed in conjunction with work of Contractor. Coordinate with the Railroad, through the Owner’s representative, to avoid disruption of, or interference with, Railroad operations.

C. Force Account will remove ballast over existing drainage downspouts at HU 4.82 Piers 3 and 7. The contractor shall coordinate with the Engineer when performing the bridge seat reconstruction at HU 4.82.

1.10 LIMITATIONS FOR USE OF SITE

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A. General: In addition to site utilization limitations and requirements shown on drawings and indicated by other Contract Documents, the Contractor shall administer allocation of available space equitably among entities needing access and space, so as to produce best overall efficiency in performance of total work of project. Deliveries shall be scheduled so as to minimize space and time requirements for storage of materials and equipment on site.

1. Any damage caused by the Contractor to rails, ties, embankment, signal and/or communication equipment, or other Railroad facilities shall be repaired by Metro-North Railroad forces or others at the Contractor's expense.

2. Subject to the conditions and limitations specified elsewhere, the Railroad will provide the necessary relocation of Railroad utilities to support the Contractor's scheduled performance of the Work.

3. Use of Explosives is prohibited.

4. The use of work trains on this contract is prohibited.

1.11 USE OF RAIL MOUNTED EQUIPMENT

A. The Contractor is advised that he may, at his option, use "high-rail" or “hi-rail” equipment for transportation of equipment, materials and/or personnel to and from the work site. No Railroad owned equipment is available for use by the Contractor. Use of high-rail mounted equipment is governed by the Railroad.

B. All equipment shall be inspected and approved by the Railroad prior to its use on Railroad property. Equipment shall be inspected at Metro-North Railroad’s Mott Haven yard at Bronx, NY.

1. The Contractor shall submit an equipment-inspection request to MNR a minimum of three (3) weeks prior to the anticipated inspection date. The Contractor shall coordinate with Metro North Railroad to determine time and location for equipment inspection.

2. The Contractor shall include, along with the inspection request, a copy of MNR Hi-Rail Inspection Form with pertinent information filled out. The Contractor shall provide the original form on the date of inspection.

3. The Contractor shall have an operator present at the time of inspection.

4. Hi-Rail equipment shall be inspected prior to work and re-inspected every 3 months.

5. Re-inspection will be required for any Hi-Rail equipment that leaves MNR property.

C. Equipment will be mounted on the rails at Mott Haven. Access to the work site will be subject to coordination with train traffic by Metro-North Railroad. Equipment may not be stored or left unattended for any period of time at the work site. Equipment must be cleared at the conclusion of each work day or when directed by Metro-North Railroad.

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D. The Railroad will provide a pilot to accompany each piece of high-rail mounted equipment to and from the work locations. Arrangements to order a pilot shall be made in writing fourteen (14) days in advance of the work.

Cancellation of requests for pilots shall be received by Metro-North Railroad a minimum of ninety-six (96) hours prior to the scheduled work. Failure to notify Metro-North Railroad of work cancellation prior to this deadline shall result in the Contractor bearing all costs for pilots and related Metro-North Railroad costs.

The Contractor shall reimburse Metro-North Railroad for the pilot costs within a reasonable time as determined by Metro-North Railroad. Failure to reimburse Metro-North will result in deduction of the costs from any monies due the Contractor under this contract or any other contract with Metro-North Railroad.

E. The Contractor is restricted from traveling through self-guarded frogs and switch point guards at no more than 1 MPH.

F. Metro-North Railroad Contractor’s Hi-Rail Inspection and Vehicle/Equipment Requirements:

1. Prior to scheduling an inspection, all Contractors shall perform a pre-inspection on the vehicle/equipment. Failures will result in re-scheduling at the next available opening. 2. Contractor shall provide a copy of the Hi-Rail Manufacturer’s specifications Front and Rear, including model numbers, guide wheel gage measurement, guide wheel and flange specifications and guide wheel load shall be provided. Failure to provide manufacturer’s specifications will result in the equipment not being inspected. 3. The guide wheel gage shall be to manufacturer’s specifications. 4. Tram measurement (Diagonal measurement from center of front left guide wheel to center of rear right guide wheel vs. diagonal measurement from center of front right guide wheel to center of rear left guide wheel) shall not exceed ¼ inch. 5. Guide Wheel Load shall be within manufacturer’s specifications. 6. Wheel bearings and wheel seals shall be in satisfactory condition and greased. 7. Guide wheel and flanges shall be within manufacturer’s specifications. 8. Rail brake components (brake shoes and rigging) shall be complete and in working order. 9. Steering lock shall be installed to prevent steering from turning. 10. Hydraulic cylinders and pump shall be in working order. 11. Hydraulic hoses and fittings shall be in satisfactory condition with no leaks. 12. Control levers shall be installed and in satisfactory condition. 13. Lifting handle for manual hi-rails shall be on board if applicable. 14. Rail sweeps when provided by manufacturer, shall be in working order. 15. Lock pins or acceptable means of preventing hi-rail cylinders from drifting shall be installed. 16. All lights, (Headlights, brake lights, travel lights, turn signals, marking lights, backup lights, work lights, flashers, strobe lights with 360 degree visibility), shall be

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-10

operational. When operating on rails, with the vehicle/machine in the forward travel position, the headlights, travel and brake lights shall operate as normal. When traveling on rails in the reverse position, additional headlights, travel and brake lights shall be installed in the opposite orientation. Lighting circuit operation shall be such that when traveling forward on rails, only the front headlights and rear travel/brake lights are operational. When traveling in reverse on rails, only the rear headlights and front travel/brake lights operate. 17. All horns, change of direction and backup alarms shall be operational. 18. Suspension components shall be in satisfactory condition. 19. Tires shall be in satisfactory condition and air pressure checked. (Tire pressure affects traction and braking on hi-rail). 20. Booms and rotating upper structures shall have a boom cradle and/or pivot lock. 21. Tow tab(s) with a 1-1/8 inch hole and tethered pin shall be installed front and/or rear at 14 inches above rail when on hi-rail. 22. Rail clamps shall be installed when working from the side of a vehicle/machine, (i.e. lifting booms, rotary dumps, etc.) Exemptions for equipment with counterweights, suspension locks and manufactures approval shall be granted. 23. There shall be no fluid leaks. 24. 3rd rail clearance: Vehicle\equipment and components (i.e. steps, brackets, tool boxes), shall not extend beyond 24 inches measured from the inside of ball of rail, at a height below 10-7/8 inches, measured from the top of rail. (See 3rd rail clearance diagram). 25. A First Aid kit, Flagging kit and Fire Extinguisher with a current inspection date shall be readily accessible. 26. Clearance for self-guarded frogs shall be a minimum of 2-3/4 inches above rail on all under carriage components. 27. Outriggers shall clear 3rd rail, electrical boxes, platforms, switch controls, etc. and secured to prevent drifting. 28. Max height shall not exceed 14 ft.10 in. while traveling on rails in accordance with Metro North Park Avenue Tunnel diagram. 29. Max width shall not exceed 10 ft. 6 in. while traveling on rails in accordance with Metro North Park Avenue Tunnel diagram. 30. All components that are capable of drifting, swinging, opening, etc. (i.e. booms, jibs, outriggers, tool box doors, engine covers, etc.) shall be secured appropriately before traveling on rails. 31. Final approval of items not covered in this part that may be considered questionable, unsafe or cause any danger, shall be at the inspectors discretion. 32. The Contractor is advised that Metro-North Railroad may elect to have each two pieces of Hi-Rail equipment coupled together with tow bars for transport to the work location. Each piece of equipment shall have a driver/operator. 33. An emergency spill kit shall be provided on each hi-rail vehicle and be able to be deployed quickly in the event of a spill. 34. Refer also to FRA 49 CFR 214.503 to .533 for rules as they apply to Roadway Maintenance Machines and Hi-Rail Vehicles.

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-11

1.12 REQUIREMENTS FOR WORK NEAR ENERGIZED EQUIPMENT

A. All work by the Contractor or his subcontractors near “energized” equipment must be performed under the supervision of Metro-North Railroad’s Power Department.

B. The Contractor shall submit written request to the Engineer fourteen (14) calendar days prior to the start of his work near energized equipment.

C. Third Rail Requirements:

1. Metro-North Railroad’s third rail traction power system can be de-energized if, in the opinion of the engineer, the Contractors work dictates such an outage. Generally, those operations that require the Contractor to place equipment or perform work on or immediately adjacent to the track will require an outage.

2. Contractor shall submit requests to de-energize the third rail in concurrence with requests for track outages.

3. Contractor shall designate the first half hour and last half hour of each track outage period for Metro-North Railroad to de-energize and re-energize the third rail system.

1.13 REQUIREMENTS FOR WORK NEAR COMMICATION & SIGNAL CONDUIT

A. All work by the Contractor or his subcontractors near Communication & Signal conduit (C&S) must be performed under the supervision of Metro-North Railroad’s C&S Department.

B. The Contractor shall submit written request to the Engineer fourteen (14) calendar days prior to the start of his work near energized equipment.

1.14 PROTECTION OF RAILROAD FACILITIES

A. The Contractor shall so direct the course of its construction operations as to safeguard the tracks, rolling stock and other equipment and appurtenance of the Railroad from being damaged in any manner and shall accept full responsibility of any and all damages to Railroad property and facilities caused by Contractor operations.

B. The Contractor is notified that certain construction operations may require obtaining a track outage from the Railroad. The Contractor shall assume that any and all operations which foul an adjacent live track may require a track outage. Fouling of the track is defined in the Contract Terms and Conditions, Article 1.23 B “Protection of Metro-North”. A track outage shall constitute the removal of a track or power systems from service by the Railroad. The durations listed in the track outage schedule indicate the time track shall be removed from service and the time track shall be returned to service. The schedule is not inclusive of Contractor’s actual working time on track.

C. When operating where track or a power, communication or signal line of the Railroad is or may be fouled in the course of performing the Work, the Contractor may not

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-12

undertake the operation until at least forty-eight (48) hours (exclusive of Saturdays, Sundays, and holidays) advance notice has been given to Metro-North Railroad so that it may arrange to supply special supervisory and protective forces. Further, no such work may actually commence until Metro-North Railroad affirmatively advises the Contractor that the necessary protective forces are stationed and then it may proceed.

D. The Contractor shall not store materials or equipment upon Railroad right-of-way without first obtaining written permission of Metro-North Railroad.

E. If, during the progress of the work, trains, tracks or other facilities of the Railroad are endangered, the Contractor shall immediately do the necessary work as ordered by Metro-North Railroad, to restore the operation to a safe condition. Such work, if necessitated by the Contractor's actions, shall be at no cost to the Railroad. Should the Contractor fail to carry out Metro-North Railroad order immediately, the Railroad, at the expense of the Contractor, may take whatever steps it deems necessary to restore the operation to a safe condition.

1.15 APPROVAL OF METRO-NORTH RAILROAD

Without regard to the requirements specified in this section, whenever any part of the Work may affect the safety or movement of trains, the method of doing the same shall first be submitted to Metro-North Railroad for approval and may not be performed without such approval. The approval of Metro-North Railroad shall not release the Contractor from any of its obligations under this Contract.

1.16 REQUIREMENTS FOR WORK PLANS

A. The Contractor shall submit for approval detailed work plans pertaining to work being performed on or about the right of way. Work plans shall be specific to location or task being performed. Contents of work plans shall include: 1. Description of work to be performed. 2. Detailed means and methods in which work will be performed. 3. Contractor shall specify how any uncompleted work will be secured at the end of the shift. 4. List of equipment that will be utilized to complete the work. 5. Contractor’s crew size and number of work crews required to perform the task. 6. Access location(s) to the work site. 7. Time requirements for work to be performed. 8. Track usage requirements. 9. Power outage requirements. 10. Safe Work Plan number and submittal number. 11. Rigging Plan submittal number. 12. Scaffolding plan submittal number. 13. Shoring plan submittal number.

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-13

14. Fall Protection plan submittal number.

B. The Contractor’s method of performing work specified in this section shall first be submitted to the Engineer for approval and may not be performed without such approval. The approval of the Engineer shall not release the Contractor from any of its obligations under this Contract. A sample work plan is included in Attachment A to this Specification.

1.17 REQUIREMENTS FOR ERECTION, DEMOLITION, OR OTHER RIGGING

The Contractor shall comply with requirements provided in Article 1.23 “Requirements for Performing Work Adjacent to or Within the Right-of-Way of Metro-North” for all erection, demolition, or other rigging operations on Railroad property.

A. Provide, for approval by the Engineer, all information listed under Article 1.23 and checklist in a comprehensive submittal for each rigging operation.

B. Prior to commencement of work the Contractor shall ensure adequate location of all underground public, private and Metro-North Railroad utilities.

1.18 REQUIREMENTS FOR SHEETING AND SHORING

The Contractor shall comply with requirements provided in Article 1.23 “Requirements for Performing Work Adjacent to or Within the Right-of-Way of Metro-North” for sheeting requirements for excavations within the Railroad live load influence line. All other excavations outside the Railroad influence line shall comply with requirements set forth under Section 01 33 60 Safety, Health & Environmental Control.

A. Provide, for approval by the Engineer, all information required under the above referenced Contract Documents and checklist in a comprehensive submittal prepared by a Professional Engineer licensed in New York State for each location requiring shoring.

1. Submittal shall include distances of excavation from edge of tie, excavation size and depth. 2. Prior to commencement of work Contractor shall ensure adequate location of all underground public, private and Metro-North railroad utilities.

1.19 REQUIREMENTS FOR SCAFFOLDING

The Contractor shall comply with requirements in Article 1.23, Requirements for Performing Work Adjacent to or Within the Right-of-Way of Metro-North Railroad as well as Section 01 33 60 Safety, Health & Environmental Control for all scaffolds constructed.

A. Provide, for approval by the Engineer, all information required under the above referenced Contract Documents and checklist in a comprehensive submittal for each location requiring erection of scaffolds.

1.20 REQUIREMENTS FOR ENGINEERED FALL PROTECTION PLANS

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-14

A. The Contractor shall comply with requirements in Specification Section 01 33 60 Safety, Health & Environmental Control for site specific fall protection plans. B. Provide, for approval by the Engineer, a fall protection plan prepared by a Professional Engineer licensed in New York State that will include all anchorages, vertical and horizontal lifelines to be used.

C. Engineered fall protection plans shall include location specific details, product data and calculations showing compliance with OSHA regulations.

1.21 REQUIREMENTS FOR TRACK AND CLEARANCE MONITORING

The Contractor shall comply with requirements in Article 1.23 – “Requirements for Preforming Work Adjacent to or Within the Right-of-Way of Metro-North” for track and clearance monitoring requirements.

A. Survey data for track monitoring before, during and after excavations within the railroad live load influence line shall be obtained at a distance at 25-foot centers as follows:

1. From the top of both running rails on each affected track for monitoring of vertical alignment.

2. From the centerline of each affected track for monitoring of horizontal alignment.

B. Survey data for track clearance monitoring before, during and after erection of new permanent or temporary structures above or adjacent to track (s) shall be obtained at 25-foot centers as follows:

1. From the top of both running rails on each affected track to the structure for monitoring of vertical clearance.

2. From the centerline of each affected track to the structure for monitoring of horizontal clearance.

1.22 REQUIREMENTS FOR DISABLING OF EQUIPMENT

Contractor shall submit for approval a detailed plan for disabling of equipment stored on Metro-North Railroad property. Equipment shall be disabled in a unique manner that it may not be operated or relocated by any personnel not employed by the Contractor.

PART 2 – PRODUCTS

2.01 GENERAL

A. Except as otherwise indicated materials, products, and equipment furnished or provided shall be new, of current design, and produced by a manufacturer regularly engaged in the production of such materials, products, and equipment.

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1. Materials, products, and equipment of like description shall be products of the same manufacturer.

2.02 DELIVERABLES

Sample Submittals are included for the Contractor’s information as ATTACHMENT A to this Specification

PART 3 – EXECUTION

3.01 BACKGROUND

The “Harlem River Lift Bridge – Pier Rehabilitation and north approach span repairs” in the City of New York, provides for bridge repairs to the lift span, river piers and the approach span piers in the Bronx.

This project is a continuation of Metro-North’s Capital Program to maintain a state of good repair of all of its bridges. The Harlem River Lift Bridge is Metro-North’s longest span bridge and is the only vertical lift bridge operated by the railroad in New York State. The structure and its approach spans were constructed in the early 1950’s. The main span is two independent adjacent truss spans three hundred and forty feet across the navigable Harlem River between Manhattan and The Bronx. The bridge currently provides the only regular access into Manhattan for all New Haven, Hudson and Harlem Line Metro-North trains traveling to and from Grand Central Terminal. The bridge is a vital piece of infrastructure for Metro-North for continued and successful railroad operations.

The railroad is federally mandated to maintain an operational bridge that can provide adequate vertical clearances for marine vessel transportation because the bridge crosses a navigable river. The bridge is approximately twenty-five about water in the down (seated) position and approximately one hundred thirty-five feet vertical clearance when the bridge is in the raised (up) position.

The Technical Provisions provide relevant available reports and plans for this structure. This information is provided for the Contractor’s information only.

PART 4 – MEASUREMENT AND PAYMENT

4.01 MEASUREMENT No measurement will be made for this work.

4.02 PAYMENT No separate payment will be made for the work described in this specification.

See Attachment A for Sample Submittals.

END OF SECTION

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-16

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-17

SECTION 01 14 50

ATTACHMENT A – SAMPLE SUBMITTALS

CONTRACTOR REQUIREMENTS FOR WORK AFFECTING THE RAILROAD 01 14 50-18

SECTION 01 20 00 MEASUREMENT AND PAYMENT

PART 1 - GENERAL

1.01 DESCRIPTION

The scope of this project includes the waterside protection, rehabilitation of the river piers along with safety improvements and seismic retrofit repairs on the Harlem River Lift Bridge (Bridge No. HU 4.69) and; red flag pier repairs on the Bronx north approach spans (Bridge No. HU 4.82) for the Metro-North Railroad (MNR). This section includes:

A. Measurement and payment criteria applicable to portions of the work performed for a lump sum payment method.

B. Defect assessment and non-payment for rejected work.

C. Remediation of lead paint disturbances shall be in accordance with Section 02 83 00 of the Technical Provisions.

D. Asbestos abatement shall be performed by the Metro-North on-call contractor.

E. The Contractor will be working in a hazardous material environment and is subject to the same MNR requirements for both lead paint and asbestos, per the Special Provisions in Section 02 83 00.

F. All asbestos abatement shall be performed by the Metro-North on-call contractor. The Contractor shall provide access and support for the abatement work. The Contractor is responsible for coordinating and scheduling both the abatement and repair work.

1.02 AUTHORITY

A. The Engineer will take all measurements and compute quantities accordingly, as required.

B. The Contractor shall assist by providing necessary equipment, workers, and survey personnel as required.

1.03 DESCRIPTION OF BID ITEMS

The following descriptions of Bid Items for this contract define how various items of work will be paid:

A. Item 1: Mobilization - Section 01 71 13 (LUMP SUM)

This item consists of the mobilization of all construction equipment, materials, supplies appurtenances and the like, manned and ready for commencing and continuing the Work; and the

MEASUREMENT AND PAYMENT 01 20 00-1

subsequent demobilization and removal from the site of said equipment, appurtenances and the like, upon completion of the work.

Payment: Lump Sum (LS)

Per Article 3.03, mobilization costs shall not exceed four per cent (4%) of the total contract value. This item will not be measured and will be paid on a lump sum basis in accordance with the provisions of Section 01 71 13.

B. Item 2: Construction Facilities - Section 01 52 00 (MONTH)

This item consists of furnishing the Engineer’s field office or rented space in accordance with Section 01 52 00. Each full or partial month the Engineer’s field is operational and being utilized shall be measured as one month.

Payment: per month basis (MO)

Estimate of Quantity: 25 Months

C. Item 3: Pier Rehabilitation - Bridge HU 4.69 (LUMP SUM)

This item includes all work required to rehabilitate the Harlem River Lift Bridge (HRLB) river piers and all work incidental thereto. This item consists of pier repair and pier encasement required by the Contract Documents except for the work covered by the bid items for other work described below. This item will not be measured and will be paid on a lump sum basis in accordance with the contract requirements.

Payment: Lump Sum (LS)

Payment for this work shall be based upon the completion of the various activities as itemized by the schedule submitted and accepted for this project in accordance with Article 2.03 – Contractors Detailed Schedule of Work (CPM). All partial payments will be based upon actual work completed, the approval of the Engineer and MNR, and subject to contractual restrictions.

D. Item 4: Safety Improvements - Bridge HU 4.69 (LUMP SUM) Safety improvements includes all work required to provide for safety improvements (aerial beacons, machinery room ladders, lightning protection, aerial cable, aerial marker, and expansion joint repair) in and on the HRLB towers and all work incidental thereto.

This work requires the disturbance of lead paint material. The Contractor is responsible for following the lead abatement specification – Section 02 83 00 of the Technical Provisions. All labor, material and equipment required for safety improvements shall be in accordance with Lead Abatement Specification - Section 02 83 00 of the Technical Provisions. This item consists of all work required by the Contract Documents except for the work covered by the bid items for other work described below. This item will not be measured and will be paid on a lump sum basis in accordance with the contract requirements.

MEASUREMENT AND PAYMENT 01 20 00-2

Payment: Lump Sum (LS)

F. Item 5: Seismic Retrofit - Bridge HU 4.69 (LUMP SUM)

This item includes all work required to provide a seismic retrofit of the tower shoes and counterweight guides located on the HRLB, and all work incidental thereto. This work requires the disturbance of lead paint material. The Contractor is responsible for following the lead abatement specification. See Section 02 83 00 of the Technical Provisions for lead paint and asbestos remediation requirements. All labor, material and equipment required for safety improvements shall be included in this item. This item consists of all work required by the Contract Documents except for the work covered by the bid items for other work described below. This item will not be measured and will be paid on a lump sum basis in accordance with the contract requirements.

Payment: Lump Sum (LS)

G. Item 6: Red Flag Pier Repairs - Bridge HU 4.82 (LUMP SUM)

This item includes all work required to provide repairs for Pier Nos. 3 and 7 on the Bronx north approach spans, access doors, and all work incidental thereto. This work requires the disturbance of lead paint material. The Contractor is responsible for following the lead abatement specification. See Section 02 83 00 of the Technical Provisions for lead paint and asbestos remediation requirements. All labor, material and equipment required for safety improvements shall be included in this item. Payment: Lump Sum (LS)

H. Item No. 7: Waterside Protection at Harlem River Lift Bridge – Bridge HU 4.69 (LUMP SUM)

For all work required for construction, completion and in place for the waterside protection at the HRLB, and all incidentals thereto as shown in accordance with the Contract Documents, except for the following unit price bid items of work: 24 inch concrete filled steel piles, 72 inch concrete drilled shafts, and removal and disposal of excess excavation material

MEASUREMENT AND PAYMENT 01 20 00-3

Payment: Lump Sum (LS) Payment for this work shall be based upon the completion of the various activities as itemized by the MNR reviewed and accepted CPM schedule submitted for this project. All partial payments will be based upon actual work completed, the approval of MNR and subject to contract restrictions.

I. Item No. 8: 24 Inch Concrete-Filled Steel Piles – Section 31 62 23 (LINEAR FEET)

This item consists of all work, labor, material and equipment required for the furnishing and installation of concrete filled, steel piles with a full shaft length in accordance with Section 31 62 23 of the Technical Provisions and Contract Drawings. Rock sockets shall be included in Item No. 7.

Payment: Length (LF) Estimated Quantity: 2065 LF

This item will be measured and paid based on the number of linear feet of 24 inch piles complete, in place, and accepted by the Engineer. This shall include all materials, tools, equipment, labor and all work related to environmental controls, including excavation and backfilling.

Payment for this work shall be based upon the completion of the various activities as itemized by the required CPM schedule submitted for this project. All partial payments will be based upon actual work completed, the approval of MNR and subject to contract restrictions.

J. Item No. 9: 72 Inch Concrete-Filled Drilled Shafts – Section 31 63 29 (LINEAR FEET)

This item consists of all work, labor, material and equipment required for the furnishing and installation of concrete filled, steel encased drilled shafts with a full shaft length in accordance with Section 31 63 29 of the Technical Provisions and Contract Drawings. Rock sockets shall be included in Item No. 7.

Payment: Length (LF) Estimated Quantity: 327 LF

This item will be measured and paid based on the number of linear feet of 72 inch piles complete, in place, and accepted by the Engineer. This shall include all materials, tools, equipment, labor and all work related to environmental controls, including excavation and backfilling.

K. Item No. 10: Removal and Disposal of Excess Excavation Material – Section 02 61 00 (TONS)

This item is for the removal and transportation of soil material from the project site to the approved disposal site and costs (tipping fees) for disposal at that facility. This work includes providing all related documentation as required. See Section 02 61 00.

Payment: Weight (TN) Estimated Quantity: 900 TN

MEASUREMENT AND PAYMENT 01 20 00-4

Payment for this portion of the work shall include all items necessary for the transportation and proper disposal of the materials. The basis of measurement shall be by the ton, and the weigh ticket shall be provided with all certified data and validation of the type and kind of material disposed of. This shall be full payment for this work under this item, and it will be paid only on the actual amount moved with the verification of the weights.

L. Item No. 11: Compensation for Confirmation Borings (ALLOWANCE)

This item has been included as an allowance of $100,0000 (one hundred thousand dollars) on the bid sheet and is part of the total bid amount. This item is to be used to compensate the Contractor for additional confirmation borings in accordance with Sections 31 62 23 and 31 63 29 if needed in addition to the boring logs provided by the Engineer.

Payment: Based on actual cost Allowance: $100,000

Payment for this item shall be verified by the Engineer and based on Sections 31 62 23 and 31 63 29. It shall be invoiced as part of the monthly progress payment invoice. This allowance shall not be used to provide compensation or relief for any other cause.

M. Item No. 12: Compensation for Environmental Remediation (ALLOWANCE) - Section 02 83 00

This item has been included as an allowance of $50,000 (fifty thousand dollars) on the bid sheet and is part of the total bid amount. This item is to be used to compensate the Contractor for additional unidentified work required to support the remediation efforts. This item includes additional work due to previously unidentified environmental remediation of the affected lead paint and asbestos material areas on the bridges. Remediation of lead paint disturbances shall be in accordance with Section 02 83 00 of the Technical Provisions. Asbestos abatement shall be performed by the Metro-North on-call contractor. The Contractor will be working in a hazardous material environment and is subject to the same MNR requirements for both lead paint and asbestos, per the Special Provisions in Section 02 83 00.

Payment: Based on actual cost.

Payment for this item shall be verified by the Engineer and based on Article 4.03 and 4.04. It shall be invoiced as part of the monthly progress payment invoice and shall not be used to provide compensation or relief from any other cause. N. Item No. 13: Compensation for MNR Delays (ALLOWANCE)

This item has been included as an allowance of $50,000 (fifty thousand dollars) on the bid sheet and is part of the total bid amount. This item is to be used to compensate the Contractor for previously approved Metro-North track and power outages in accordance with Article 1.29 or other agencies that are denied through no fault of the Contractor. Payment: Based on actual cost.

Payment for this item shall be verified by the Engineer and based on Article 4.03 and 4.04. It shall be invoiced as part of the monthly progress payment invoice and shall not be used to provide compensation or relief from any other cause. O. Item No. 14: Compensation for Unforeseen Site Conditions (ALLOWANCE)

MEASUREMENT AND PAYMENT 01 20 00-5

This item has been included as an allowance of $150,000 (one hundred fifty thousand dollars) on the bid sheet and is part of the total bid amount. This item is to be used to compensate the Contractor for additional unforeseen site conditions beyond what is identified in the contract documents. This item also includes Contractor’s cost for maintaining the elevators at the HRLB based on section 01 41 20. Payment: Based on actual cost.

Payment for this item shall be verified by the Engineer and based on Article 4.03 and 4.04. It shall be invoiced as part of the monthly progress payment invoice and shall not be used to provide compensation or relief from any other cause. P. Item No. 15: Item has been removed from contract.

Q. Item No. 16: Compensation for Septic Tank Removal and Disposal (ALLOWANCE)

This item has been included as an allowance of $50,000 (fifty thousand dollars) on the bid sheet and is part of the total bid amount. This item is to be used to compensate the Contractor the work required to demolish and remove the existing septic tank on top of Pier B, in accordance with local regulations and as directed by the Engineer.

Payment: Based on actual cost.

Payment for this item shall be verified by the Engineer and based on Article 4.03 and 4.04. It shall be invoiced as part of the monthly progress payment invoice and shall not be used to provide compensation or relief from any other cause. R. Item No. 17: Compensation for Incentive 1 (ALLOWANCE)

This item has been included as an allowance of $400,000 (four hundred thousand dollars) on the bid sheet and is part of the total bid amount. This item is to be used to compensate the Contractor with an incentive payment in accordance with completion of the following tasks within 16 months of Notice of Award:  Demolition of existing fender as shown on contract drawing  Demolition of existing walkway (all piers)  Installation of all pipe piles and drilled shafts  Installation of Fenders A &B, including floating barriers and maintenance walkway  All pier crack repairs above and below water as identified on contract drawings and after fender removal  All pier spall repairs above and below water as identified on contract drawings and after fender removal  Repointing of all granite blocks  Installation of pier encasement at B, C, D, & E  Top of Pier Seismic Retrofit  Complete relocation of navigation lights, signs and brackets

Payment: Based on actual performance and milestones achieved.

MEASUREMENT AND PAYMENT 01 20 00-6

S. Item No. 18: Compensation for Incentive 2 (ALLOWANCE)

This item has been included as an allowance of $100,000 (one hundred thousand dollars) on the bid sheet and is part of the total bid amount. This item is to be used to compensate the Contractor with an incentive payment in accordance with substantial completion of the whole project within 16 months of Notice of Award.

Payment: Based on actual performance and milestones achieved.

1.04 UNITS OF MEASUREMENT

A. Each: Measurement of items as each unit shall be the actual in place count of whole units after the item of the work is completed. The measurement unit is indicated as EA in the Bid Price Schedule.

B. Area Measurement: Area measurements shall be computed for the completed surface area to the nearest whole unit. Measurement unit for area is indicated as SF (square foot) or SY (square yards) in the Bid Price Schedule.

C. Weight Measurement: Weight measurements shall be computed as the sum of the weights of the items to be paid for on a weight basis. Measurement unit for tons is indicated as TN in the Bid Price Schedule.

D. Linear Foot Measure: Linear foot measure shall be computed as the sum of the lengths, measured to the nearest whole unit. Measurement unit for linear foot measure is indicated as LF in the Bid Price Schedule.

E. Volume Measurement: Volume Measurements shall be by the length, width and depth of excavation (ie: neat lines). No allowance or additional payment shall be made for over excavation. No additional payment shall be made as a result of material swell.

F. Lump Sum: Lump sum items will be measured for payment as a complete item. Lump sum measurement unit is indicated as LS in the Bid Price Schedule.

1.05 PAYMENT

A. Payment will not be made until the work has been inspected and accepted by the Engineer. All costs for work to be performed shall be covered by the bid prices.

B. Payment for the lump sum item will be made in accordance with the provisions of the Contract Terms and Conditions. Payment will be based on a percent complete as determined by the Engineer.

C. Payment of Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by the Engineer multiplied by the unit price for the Item of Work.

D. Payment for work governed by options will be made based on the Railroad exercising the option and paid on a percent complete basis as determined by the Engineer.

MEASUREMENT AND PAYMENT 01 20 00-7

E. Payment for work governed by construction allowances will be negotiated prior to the work commencing in accordance with the Terms and Condition entitled "Changes to the Contract".

1.06 ESTIMATED QUANTITIES

A. The quantities indicated in the Bid Price Schedule for unit price items are estimated quantities. Payment will be made only for the actual quantity of work completed. There will be no payment made for work that is not actually performed.

B. The Engineer will take all measurements and compute quantities accordingly. The Contractor shall assist by providing necessary equipment, workers and survey personnel as required.

1.07 ELIMINATED ITEMS

A. Should any item be found unnecessary for the proper completion of the contract work, the Engineer may delete such item from the Contract. Such action shall in no way invalidate the Contract; and no allowance will be made for items so eliminated in making final payment to the Contractor, except for such actual work as may have been done, and materials actually purchased prior to notification of elimination of the items. For work actually performed, payment will be made in accordance with Subsection 1.04 of this Section.

1.08 DEFECT ASSESSMENT

A. The Contractor shall replace the Work, or portions of the Work, not conforming to specific requirements.

B. If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The defective work may remain, but the price will be adjusted to a new price at the discretion of the Engineer. 2. The defective work will be partially repaired to the instructions of the Engineer, and the price will be adjusted to a new price at the discretion of the Engineer.

C. The authority of the Engineer to assess the defect and identify payment adjustment is final.

1.09 NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following:

1. Products wasted or disposed of in a manner that is not acceptable.

2. Products determined as unacceptable before or after placement.

3. Products not completely unloaded from the transporting vehicle.

4. Products placed beyond the lines and levels of the required work.

5. Products remaining on hand after completion of the work.

PART 2 - PRODUCTS

MEASUREMENT AND PAYMENT 01 20 00-8

Not Used.

PART 3 - EXECUTION Not Used. END OF SECTION

MEASUREMENT AND PAYMENT 01 20 00-9 ATTACHMENT F. FOR CONTRACT 1000130342

Proposal Data

All prices shall be given in both words and figures. In case of a discrepancy the price stated in words shall govern, unless it is apparent from the Proposal Data (as determined by Metro-North) that the price expressed in figures is the actual price bid.

Pricing is for all work required to perform the Harlem River Lift Bridge (HU 4.69) waterside protection, pier rehabilitation, seismic retrofits, safety improvements, red flag repairs, and HU 4.82 repairs in accordance with the Contract Documents. The price shall include all labor, equipment, material, fabrication, transportation, installation, insurance, overhead, and profit. General conditions, unless otherwise noted, shall be spread throughout all line items except mobilization and the allowances.

A. BID PRICES Extended Price or Item Unit Price in Lump Sum in No. Item with Bid Price in Words Est. Qty. Figures Figures Mobilization in accordance with the Contract documents and Technical Specification Section 01 71 13. See Section 01 20 00 (Item No.1) for additional information.

1. Not to exceed 4% of items 2 through 16 Lump Sum N/A $

Lump Sum bid price in words: ______Construction Facilities in accordance the Contract documents and Technical Specification Section 01 52 00. See Section 01 20 00 (Item No.2) for additional information.

2 Extended bid price in words: 25 months $ $ ______

Contract #1000130342 1

Extended Price or Item Unit Price in Lump Sum in No. Item with Bid Price in Words Est. Qty. Figures Figures Pier Rehabilitation – Bridge HU 4.69 in accordance with the Contract documents. See Section 01 20 00 (Item No.3) for additional information.

Lump Sum bid price in words: 3 Lump Sum N/A $ ______

Safety Improvements – Bridge HU 4.69 in accordance with the Contract documents. See Section 01 20 00 (Item No.4) for additional information.

4 Lump Sum bid price in words: Lump Sum N/A $ ______

Seismic Retrofits – Bridge HU 4.69 in accordance with the Contract documents. See Section 01 20 00 (Item No.5) for additional information.

5 Lump Sum N/A $ Lump Sum bid price in words: ______Red Flag Repairs – Bridge HU 4.82 in accordance with the Contract documents. See Section 01 20 00 (Item No.6) for additional information.

6 Lump Sum bid price in words: Lump Sum N/A $ ______

Contract #1000130342 2

Extended Price or Item Unit Price in Lump Sum in No. Item with Bid Price in Words Est. Qty. Figures Figures Waterside Protection at Harlem River Lift Bridge – Bridge HU 4.69 in accordance with the Contract documents. See Section 01 20 00 (Item No.7) for additional information. 7 Lump Sum N/A $ Lump Sum bid price in words: ______24 Inch Concrete-Filled Steel Piles in accordance with the Contract documents. See Section 01 20 00 (Item No.8) for additional information.

Extended bid price in words: 8 2065 LF $ $ ______

72 Inch Concrete-Filled Drilled Shafts in accordance with the Contract documents. See Section 01 20 00 (Item No.9) for additional information.

9 Extended bid price in words: 327 LF $ $ ______

Removal and Disposal of Excess Excavation Material in accordance with the Contract documents. See Section 01 20 00 (Item No.10) for additional information. 10 900 TN $ $ Extended bid price in words: ______

Contract #1000130342 3

Extended Price or Item Unit Price in Lump Sum in No. Item with Bid Price in Words Est. Qty. Figures Figures Compensation for Confirmation Borings in accordance with the Contract 11 documents. See Section 01 20 00 (Item Allowance N/A $ 100,000 No.11) for additional information.

Compensation for Environmental Remediation in accordance with the Contract documents. See Section 01 20 00 12 (Item No.12) for additional information. Allowance N/A $ 50,000

Compensation for MNR Delays in accordance with the Contract documents. 13 See Section 01 20 00 (Item No.13) for Allowance N/A $ 50,000 additional information.

Compensation for Unforeseen Site Conditions in accordance with the 14 Contract documents. See Section 01 20 00 Allowance N/A $ 150,000 (Item No.14) for additional information.

15 Item has been removed from contract

Compensation for Septic Tank Removal and Disposal in accordance with the Contract documents and Technical 16 Specification 22 13 01. See Section 01 20 Allowance N/A $ 50,000 00 (Item No.15) for additional information.

Compensation for Incentive 1 in accordance with the Contract documents. 17 Allowance N/A $ 400,000 See Section 01 20 00 (Item No.16) for additional information. Compensation for Incentive 2 in accordance with the Contract documents 18 and Technical Specification. See Section Allowance N/A $ 100,000 01 20 00 (Item No.17) for additional information.

Contract #1000130342 4

Extended Price or Item Unit Price in Lump Sum in No. Item with Bid Price in Words Est. Qty. Figures Figures * Gross Sum Bid for Bid Items 1 to 18

Price in words:

______N/A N/A $ ______

*Award to the Vendor submitting the lowest responsible and responsive Gross Sum Bid.

Contract #1000130342 5

Coast Guard Bridge Permit/Permit Amendment Template

TABLE OF CONTENTS

A. ADMINISTRATIVE AND NAVIGATION INFORMATION ...... 2 B. ENVIRONMENTAL INFORMATION: ...... 11 C. WATERWAY DATA REQUIREMENTS ...... 20

LIST OF TABLES

Table 1 Summary of HRLB Clearances Table 2 Tidal Datum at HRLB Table 3 Tidal Velocities at HRLB Table 4 Tidal Elevations at HRLB Table 5 Typical HRLB Openings from 2015-2018 Table 6 Marine Facilities within a 3-Mile Radius of HRLB Summary

LIST OF FIGURES

Figure 1 Project Area Figure 2 NWI Map Figure 3 NYSDEC Wetland Map Figure 4 Coastal Zone Map Figure 5 FEMA Floodplain Map Figure 6 Adjacent Bridges with More Restrictive Horizontal Clearances Figure 7 Aerial Map of HRLB Vicinity Figure 8 Marine Facilities within a 3-Mile Radius of HRLB Map Figure 9 Marine Facilities within a 3-Mile Radius of HRLB Map (Full Extent) Figure 10 Land Use Map Figure 11 Harlem River Depths at the HRLB Figure 12 Harlem River Depths in the HRLB Vicinity

APPENDICES

Appendix A Metro-North Letter Authorizing HDR to Obtain Permits Appendix B Plan Sheets Appendix C Permit Approvals Appendix D Agency Correspondence Appendix E Log of HRLB Openings 2015-2018 Appendix F USACE Controlling Depths Report, released 2/5/2016 Appendix G 2019 NOAA Tidal Current Predictions

1 Coast Guard Bridge Permit/Permit Amendment Template

Dear Ms. Leoce,

Application is hereby made for a Coast Guard bridge permit (or permit amendment).

A. ADMINISTRATIVE AND NAVIGATION INFORMATION

1. Application Date: October 29, 2019

a. Applicant information:

1) Name: Metro-North Commuter Railroad Company, Contact: Jay Juh, Project Manager

2) Address: 420 Lexington Avenue, Graybar Building, 11 th Floor, NY, NY 10170

3) Telephone number: (212) 672-1203

4) Email address: [email protected]

b. Consultant/Agent information (if employed):

1) Name (company or individual): HDR Inc., Contact: Joshua Gillespie

2) Address: 500 Seventh Avenue, 15 th Floor, NY, NY 10118

3) Telephone number: (212) 542-6193/(917) 836-1001

4) Email address: [email protected]

5) Letter authorizing a consultant/agent to obtain permits on behalf of the applicant included: Yes See Appendix A No

c. Name of Proposed Bridge(s): Metro-North Harlem River Lift Bridge (HRLB) (existing bridge)

1) Name of the waterway that the bridge(s) would cross: The HRLB spans the Harlem River, a tidal strait separating the Borough of Manhattan, New York from the Bronx Borough, New York.

2) Number of miles above the mouth of the waterway where the bridge(s) would be located and provide latitude and longitude coordinates (degree/minute/second) at centerline of navigation channel (contact the local Coast Guard Bridge Office for guidance): The HRLB is located at River Mile 2.3 at 40°48 ′40 ″N 73°56 ′00 ″W.

3) City or town, county/parish, and state where the bridge(s) would be located at, near, or between: The existing HRLB is located between the Borough of Manhattan, New York County, New York and Bronx Borough, Bronx County, New York (see Figure 1, Project Area). The bridge carries the Harlem River Line from W. 132 nd St. in Manhattan across the Harlem River to the Bronx side.

2 Coast Guard Bridge Permit/Permit Amendment Template

4) Brief description of project to include type of bridge(s) proposed [fixed or movable (drawbridge, bascule, vertical lift, swing span, pontoon), highway, railway, pedestrian, pipeline] and existing bridge(s) at project site, if applicable:

Metro-North Railroad’s proposed project is the Waterside Improvements and Pier Rehabilitation Project. Metro-North plans to rehabilitate the in-river bridge piers, install safety improvements, perform other repairs and install a new fender system for the HRLB.

Bridge Pier Rehabilitation, Safety Improvements and Other Repairs

Cracking has been identified within the granite blocking and concrete surfaces of the four river piers (B, C, D and E) of the HRLB. The HRLB pier rehabilitation work will include the filling of cracks (with polyurethane or epoxy depending on crack size and location above or below water), repointing granite, performing spall repairs (with a patch material and bonding agent) and sealing all exposed concrete surfaces above the granite stone facing. In areas where the cracks are more severe, the upper portion of the four river piers (B, C, D and E) will be encased in concrete.

The lower portion of the two Bronx Piers (Pier D and E) along the Bronx shoreline may require minor excavation in the river to expose the cracks in the granite face. There would be no infringement on the navigation channel and no filling in of the river. If the river bottom material is natural, it will be side cast and if the material is man-made, it will be removed and disposed of.

In addition, the following Safety Improvements and Other Repairs will be made:

• Aerial cable in parallel to the existing communication messenger cable that includes three (3) aerial markers to identify the existing cable and mitigate the risk of aircraft strikes.

• Two (2) aerial beacons on top of each bridge towers;

• A lightning protection system will be added to the exterior of both towers to protect the towers from direct and incidental lightning strikes. The system includes air terminals on the tower roof running down the tower

3 Coast Guard Bridge Permit/Permit Amendment Template

legs before connecting to copper ground plates and embedded in the channel bottom;

• Interior access ladders in each tower from the machinery room floor level to the roof hatch doors for ease of access to the tower roof and aerial beacons;

• Handrail system on the tower roofs for ease of access to the new aerial beacons;

• Replacement of the exterior tower face expansion joint (2 locations);

• Seismic retrofits to the Bronx and Manhattan Tower counterweight guides and shoes, and

• A portion of the existing expansion joints will be replaced on the tower machinery room walls.

Waterside Protection (New Fenders)

The Waterside Protection work involves the replacement of the existing fender system, recommended by a Threat and Vulnerability Assessment (TVA) of the HRLB. The TVA was performed assuming a vessel collision with an explosive device in accordance with a Homeland Security Transit Security Grant Program. As a result of the TVA, it was concluded that a complete loss of HRLB would occur under the current fendering system protection. The loss of the trusses and towers would effectively stop commuter rail service of over 800 Metro-North trains and 300,000 commuters.

The proposed Waterside Protection work includes:

• Partial demolition of Bronx and Manhattan Fenders and walkways on piers • Installation of new fenders 14.5’ stand-off distance from existing pier foundations of bridge towers • Installation of composite lumber posts/walers/walkway, steel piles, drilled shafts steel casings/concrete fill. • Installation of new navigation lighting

The proposed waterside protection work would modify the existing Horizontal Clearance of 225’ to a proposed Horizontal Clearance of 196’. This change does not introduce a new navigation channel restriction as Third Avenue Bridge immediately to the south has a 118’ Horizontal Clearance and Madison Avenue Bridge to the north has a 104’ Horizontal Clearance. The new fender system would result in a minor net increase of fill in the water of 5,770 square feet (sf) and 98 cubic yards (cy).

4 Coast Guard Bridge Permit/Permit Amendment Template

Best Management Practices During Construction

Work would be staged and performed from barges. Barges would be used for delivering the construction equipment and material as well as storing and transporting away all the construction debris, demolished material, and demobilized equipment. If jacked up or spud pile barges are to be used, locating piles in locations will be clear of existing subsurface utilities such as submarine cables and pipelines.

All work would be performed in a manner which minimizes impacts to the ecology of the Harlem River, including water quality and fish and wildlife habitat. Best management practices would be employed to prevent construction materials, debris, and sediment from falling the Harlem River. Such practices may include but are not limited to netting, turbidity curtains, floating platforms, and containment booms. No dredging would be required as part of the work.

5) Drawbridge Regulations (if applicable): 33 CFR 117.789

6) Date of plans and number of plan sheets: October 23, 2019. 13 plan sheets. See Appendix B.

7) Estimated cost of bridge(s) and approaches:

a) Provide the estimated cost of the bridge(s) as proposed, with vertical and horizontal navigational clearances: The construction cost of the proposed Bridge Pier Rehabilitation, Safety Improvements and Other Repairs is estimated to be $7.6M and the construction cost of the proposed Waterside Protection (fender replacements) is estimated to be $10.5M.

b) Provide the estimated cost of a low-level bridge(s) on the same alignment with only sufficient clearance to pass high water while meeting the intended purpose and need: Not Applicable, the proposed modifications would not change the existing vertical clearances.

c) Type and source of project funding (federal, state, private, etc.): The proposed project would use State funding.

8) Proposed project timeline: The pier rehabilitation would be expected to start in Spring 2020 and the duration would be for approximately 17 months, followed by waterside protection that would last for approximately 16 months.

9) Other Federal actions (e.g., permits, approvals, funding, etc.) associated with the proposal: USACE Nationwide No. 3 Permit (Maintenance), and USFWS and NOAA Section 7 Threatened and Endangered Species Consultation. See Appendix C for Permit Approvals and Appendix D for Agency Consultations. d. Legal authority for proposed action:

5 Coast Guard Bridge Permit/Permit Amendment Template

1) Cite appropriate Bridge Act: 33 CFR 117.789

2) If not the owner of the existing bridge(s) that is being replaced or modified, include a signed statement from the bridge owner authorizing the removal or modification work and cite its location: Not Applicable.

3) For privately owned bridges, cite authorization for right to build (e.g. deed or easement from the property owner authorizing the proposed construction or modification work): Not Applicable.

e. International bridges (if applicable): Not Applicable.

1) Cite the International Bridge Act of 1972, or a copy of the Special Act of Congress if constructed prior to 1972, as the legislative authority for international bridge construction:

2) For permits issued under the International Bridge Act of 1972, cite Presidential approval, via the State Department, included with the application as required:

NOTE: Please include a copy of State Department approval for international bridges in the application package for a Coast Guard bridge permit.

f. Dimensions of the proposed bridge(s):

1) Vertical clearance as indicated on plan sheets: The existing HRLB features vertical clearances of 25’ with Span Seated and 135’ with Span Up. The vertical clearances would remain unchanged under the proposed project.

2) Horizontal clearance as indicated on plan sheets: The existing HRLB has a horizontal clearance of 225’. The proposed clearance would be 196’ with the new fender system. The new fenders would be installed at a 14.5’ stand-off distance from existing pier foundations of bridge towers

3) Length of bridge(s) project: The existing HRLB has a length of 506’ spanning the Harlem River from the Manhattan Bulkhead to the Bronx Bulkhead. Including the approach spans, the HRLB extends 1,040’ from the Harlem River Greenway (City Park) to Major Deegan Expressway/I-87. The HRLB length would remain unchanged under the proposed project.

If no prior permit exists, and this is a modification or replacement project, is the length the same as the old bridge: Yes, the length of the existing HRLB will remain unchanged under the proposed project.

If not, what is the difference: Not Applicable

4) Width of bridge(s) project: The HRLB has a width of 75’.

6 Coast Guard Bridge Permit/Permit Amendment Template

If no prior permit exists, and this is a modification or replacement project, is the width the same as the old bridge: Yes, the width of the existing HRLB would remain unchanged under the proposed project.

If not, what is the difference: Not Applicable

5) Depth of the waterway at project site at MHW if tidal or OHW if non-tidal, using the appropriate elevation and datum (e.g., NGVD 1929, NAVD 1988, etc.): The depth of the waterway below the HRLB, within the federal navigation channel, varies between 15’ to 17’ at MHW (NAVD 1988).

6) Width of waterway at project site at MHW if tidal or OHW if non-tidal: The width of the waterway at the HRLB is 522’, between the Manhattan Bulkhead and the Bronx Bulkhead.

7) Significant effect on flood heights and associated drift, if any, that could cause a navigation hazard: Not Applicable. The proposed project restores the existing bridge and does not create flooding hazards. g. Temporary Bridge(s) dimensions (vertical clearance, horizontal clearance, length and width), if applicable: Not Applicable. h. [Include the following language, if applicable] Enclosed are the waterway data requirements as determined by the Coast Guard District Bridge Office. If a navigation impact report was conducted please cite location(s) in the case file, list title and date of document as appropriate: No navigation impact reports are known to Metro-North. i. Existing bridge(s) if applicable:

1) Name of bridge(s): Harlem River Lift Bridge (HRLB)

2) Type of bridge(s) and number of lanes (e.g., fixed or moveable (drawbridge, bascule, vertical lift, swing span, pontoon, etc.); highway, railway, pedestrian, pipeline): The existing HRLB is a vertical lift bridge carrying a 4 track commuter railroad.

3) For movable spans identify the existing drawbridge operating regulation governing the structure (e.g. 33 CFR 117.XXX, if applicable): 33 CFR 117.789

When applicable, identify if the local Coast Guard Bridge Office identified that modification of an existing drawbridge requires revision or removal of the existing regulation (e.g. if the bridge project involves replacing the existing drawbridge with a fixed bridge): Not Applicable.

NOTE: If the waterway is not already identified in 117 Subpart B, please note if an operating schedule other than open on demand is being considered.

4) Latitude and longitude coordinates (degree/minute/second) at centerline of the bridge(s): The existing HRLB is located at 40°48 ′40 ″N 73°56 ′00 ″W measured

7 Coast Guard Bridge Permit/Permit Amendment Template

at the centerline of the bridge.

5) Dimensions of the existing bridge(s):

a) Vertical clearance(s) as indicated on previous plan sheets (include both the open and closed-to-navigation clearances for movable spans). [The proposed and existing vertical clearances must be compared using the same datums. This may require surveying the existing bridge]: The existing HRLB features vertical clearances of 25’ with Span Seated and 135’ with Span Up (NAVD88).

b) Horizontal clearance as indicated on previous plan sheets: The existing HRLB features a horizontal clearance of 225’.

c) Length of existing bridge(s): The existing HRLB features a length of 522’ spanning the Harlem River and 1,040’ spanning the Harlem River Greenway to Major Deegan Expressway/I-87.

d) Width of existing bridge(s): The existing HRLB features a width of 75’.

6) Owner of the existing bridge(s): The owner of the existing HRLB is the Metropolitan Transportation Authority (MTA) Metro-North Commuter Railroad Company.

j. Discuss construction methodology, if known, and removal of existing bridge(s), as applicable:

1) Discuss proposed construction methodology and restrictions:

Methodology:

Work would be staged and performed from barges. Barges would be used for delivering the construction equipment and material as well as storing and transporting away all the construction debris, demolished material, and demobilized equipment. Cranes and temporary platforms will be used to perform the work. The new piles for the proposed fender system will be installed with pile drivers staged from the work barges. Work barges will be moored in locations clear of existing subsurface utilities, such as submarine cables and pipelines.

All work within the Harlem River, particularly any partial closures of the navigation channel, will be coordinated closely with the USCG through the Local Notices to Mariners (LNM). The work will not require a full closure of the navigation channel, and will avoid and minimize navigational impacts to the Harlem River to the extent practicable.

All work would be performed in compliance with the USACE Nationwide No. 3 Permit (Maintenance) and NYSDEC Tidal Wetlands/Protection of Waters/Water Quality Certificate Permit. The work will avoid and minimize impacts to the ecology of the Harlem River, including water quality and fish

8 Coast Guard Bridge Permit/Permit Amendment Template

and wildlife habitat. Best management practices would be employed to prevent construction materials, debris, and sediment from falling the Harlem River. Such practices may include but are not limited to netting, turbidity curtains, floating platforms, and containment booms.

Restrictions:

• The stopping of train operations during construction will not be permitted unless otherwise noted in contracted documents. The contractor shall schedule and perform the work in an approved manner that does not interfere with train operations. • Construction activities must be performed within the hours 7:00AM and 6:00PM in accordance with the New York City Noise Code.

2) Discuss maintenance of land traffic during construction activities:

The proposed work will avoid impacts to land-based traffic. Vehicular traffic will not be affected as all the construction staging, activities, and storage will be staged on barges within the Harlem River.

3) Discuss extent of removal of existing bridge(s) (e.g. in its entirety, two feet below the mud line, down to or below the natural bottom of the waterway or to a specific elevation), time needed for removal, etc.:

To accommodate the installation of the new fender system, only the existing fender on the Bronx side and existing walkways on Piers B, D and E will be removed. Other work of the proposed project involves repairs and replacement of existing HRLB structures. Existing timber pilings that interfere with construction of the new fender system would be pulled out entirely. Piles that do not interfere with construction would be cut to two feet below the mudline to avoid creating any navigational obstructions and to restore the natural bottom of the channel for aquatic species.

Construction activities will be coordinated with the USCG Local Notice to Mariners and will keep the navigation channel open throughout the construction process. Equipment would be mounted on a work barge and the primary equipment would consist of pile driving equipment and cranes.

There would be no dredging work associated with the project. Prior to each demolition or construction activity, silt curtains would be deployed to contain the temporary in-water disturbances and turbidity and minimize impacts to fisheries and aquatic habitat.

9 Coast Guard Bridge Permit/Permit Amendment Template

4) Discuss demolition methodology: All piles removed to 2 feet below mudline or full extraction?

See explanation above.

NOTE: In the interest of navigational safety, the Coast Guard must make the final decision concerning the extent of bridge(s) removal.

k. Other agencies with jurisdiction over the proposed project:

1) Agency: USACE, NYSDEC, NYSHPO, NYCDP, NYSDOS, USFWS, NOAA- NMFS

2) Permits or type of approvals required for the project:

• USACE Nationwide Permit No. 3 (Maintenance) • NYSDEC Tidal Wetlands/Protection of Waters/Water Quality Certificate • NYSHPO Determination of “No Effect” • NYCDCP Waterfront Revitalization Program approval • NYSDOS Coastal Zone Consistency approval • USFWS Section 7 Endangered Species Act (ESA) Consultation • NMFS Section 7 ESA Consultation

*Please see Appendix C for copies of the Permit Approvals and Appendix D for Agency Consultations.

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B. ENVIRONMENTAL INFORMATION:

1. National Environmental Policy Act

Lead Federal Agency: Not Applicable; no federal funding or action.

List Cooperating Agencies for project : USACE, NOAA-NMFS, USFWS, NYSDEC, NYSDOS, NYCDCP, NYSHPO

a. Type of environmental document.

Environmental Impact Statement/Record of Decision (EIS/ROD)

Cite location(s) in the application package:

Environmental Assessment/Finding of No Significant Impact (EA/FONSI)

Cite location(s) in the application package:

Categorical Exclusion (CE)

Cite location(s) in the application package: Includes this NEPA checklist and the referenced supporting appendices.

b. Has the environmental document been modified, reevaluated, supplemented or rescinded for the proposed action?

Yes No

If yes, cite location(s) in the application package:

2. Environmental Effects Abroad

a. Does the proposed project involve a bridge connection to Canada or Mexico?

Yes No

If yes, cite location(s) in NEPA document where environmental effects abroad are described:

3. Clean Water Act

a. Has a Water Quality Certification (WQC), waiver or statement that the WQC is not required been obtained from the appropriate federal, interstate, or state agency?

Yes No

If yes, cite location(s) in the application package: NYSDEC Water Quality Certification received, see Appendix C.

NOTE: The USCG will not accept an application package as complete if a WQC,

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waiver, or statement from the appropriate regulatory body has not been obtained.

b. Name of the Federal, State or Tribal certifying agency and point of contact with phone and email address, if available: NYSDEC, Bureau of Marine Resources, Matthew James, [email protected] , (718)-482-6464

c. If the WQC is granted under a Programmatic Agreement (e.g., U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) include the date of the NWP, the type of NWP (14, 15, etc.) and the NWP number and title: Not Applicable.

d. For permit amendment actions, include a new WQC or a written confirmation from the certifying agency that the existing WQC has been reissued/renewed or is still valid for the proposed action.

New WQC Attached. NYSDEC Water Quality Certification received, see Appendix C.

Written Confirmation of WQC validity attached

4. Wetlands

a. Is the proposed project located in or adjacent to a wetland?

Yes (Harlem River) No

b. If yes, what is the acreage of wetlands that will be permanently and temporarily impacted by the proposed project? The new fender system would result in a minor net increase of fill in the water of 5,770 square feet (sf) and 98 cubic yards (cy), as described in Appendix C, permit authorizations. See Figure 2 –NWI Map and Figure 3 –NYSDEC Wetland Map.

Include USACE permit (nationwide authorization or individual), if required, and cite where wetland mitigation measures are described in the application package:

USACE Nationwide Permit No. 3 (Maintenance) authorization, Appendix C. No permanent mitigation measures are required for the proposed project. For temporary in-water disturbances, the following protective/mitigative measures are required by the permit authorizations:

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5. Coastal Zone Management Act - The Coastal Zone Management Act (CZMA) of 1972 (16 U.S.C. § 1451), as amended, and its implementing regulations (15 CFR Part 930), requires all projects located within the designated coastal zone of a state to be consistent with the State's federally approved CZM plan (CZMP).

a. Is the project located in a state that has an approved Coastal Zone Management Act Plan (CZMP)?

Yes No See Figure 4 – NYC Coastal Zone Map

b. If yes, is the project within an area included in the federally approved CZMP?

Yes No

c. If yes, has the State specifically excluded this activity from its federally approved CZMP?

Yes No

Include State CZM concurrence/with consistency certification and cite location(s) in the application package: The local and State CZM Concurrence has been received, see Appendix C.

6. Floodplains

a. Is the proposed project located in the base floodplain? An encroachment into the base 13 Coast Guard Bridge Permit/Permit Amendment Template

floodplain does not exist when only the piers, pilings, or pile bents are located in the floodplain.

Yes See Figure 5 –FEMA Floodplain Map

b. Is there a significant encroachment (constituting a considerable probability of loss of human life; likely future damage associated with the encroachment that could be substantial in cost or extent; or a notable adverse impact on natural and beneficial floodplain values) into the floodplain?

Yes No

c. If yes, provide documentation and cite location(s) in the application package:

7. Wild and Scenic Rivers

a. Is the river involved in the proposed bridge project a designated Wild and Scenic River?

Yes No

b. If yes, attach correspondence with the river-administering agency and cite location(s) in the application package:

8. Coastal Barrier Resources Act

a. Does the proposed project connect to a unit of the Coastal Barrier Resources System?

Yes No

b. If yes, and the project is federally funded, cite location of Section 6 exception in the application package and any correspondence with the FWS:

9. Land and Water Conservation Fund Act

a. Does the proposed project involve a conversion of land or facilities funded under Section 6(f) of the Land and Water Conservation Fund Act?

Yes No

b. If yes, include correspondence with the NPS and authorization from the Secretary of the Interior for that conversion and cite location(s) in the application package:

10. National Marine Sanctuaries Act

a. Is the proposed project in or adjacent to a National Marine Sanctuary?

Yes No

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b. Is the proposed bridge(s) likely to destroy, cause loss of, or injure a resource of a National Marine Sanctuary? (If no, provide evidence)

Yes No

c. If yes, include evidence of consultation with Office of National Marine Sanctuaries and the agency’s findings/conditions and cite location(s) in the application package: NOAA NMFS Consultation letter is in Appendix D.

11. Marine Protected Areas

a. Is the proposed project in or adjacent to a Marine Protected Area (MPA) as defined in section 4(d) of Executive Order 13158?

Yes No

b. If yes, will the proposed project affect the natural or cultural resources that are protected by the MPA? (If no, provide evidence)

Yes No

c. If yes, include evidence of correspondence with MPA Center, if applicable, and cite location(s) in the application package:

12. Endangered Species Act

a. Are there federally designated threatened or endangered species and/or critical habitat in the area that the proposed project is located? (If no, provide evidence)

Yes No

b. May the proposed project affect federally designated threatened or endangered species and/or critical habitat? (If no, provide evidence)

Yes No

c. If yes, was there formal or informal consultation with the United States Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS)?

Formal consultation

Informal consultation

d. If formal, provide date(s) and attach biological assessment, biological opinion, and any other relevant correspondence and cite location(s) in application package: NOAA NMFS consultation has been received, see Appendix D.

e. If informal, provide dates and include correspondence or documented phone conversations with and from USFWS/NMFS and cite location(s) in the application package: The USFWS IPaC database was consulted on 9/24/2019; see Appendix D.

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f. Include Biological Assessment/Biological Evaluation, as appropriate.

13. Fish and Wildlife Coordination Act

a. Include any correspondence with USFWS and the relevant state wildlife agency regarding Fish and Wildlife Coordination Act coordination and cite location(s) in the application package: See Appendix D .

14. Magnuson-Stevens Fishery Conservation and Management Act

a. Will the proposed project likely adversely affect designated Essential Fish Habitats (EFH) as defined in the Magnuson-Stevens Act? (If no, provide evidence)

Yes No

b. Identify location of EFH assessment and relevant correspondence with NMFS in the application package: The EFH Assessment package was sent to USCG on 3/31/2015, see Appendix D. The latest NMFS Consultation letter is also in Appendix D.

15. Marine Mammal Protection Act

a. Does the proposed project involve a “take” of marine mammals as defined in the Marine Mammal Protection Act?

Yes No

b. If yes, include the incidental harassment authorization or letter of authorization from NMFS and any relevant correspondence and cite location(s) in the application package:

16. Migratory Bird Treaty Act

a. Does the proposed project involve a potential take of migratory birds as defined in the Migratory Bird Treaty Act? (If no, provide evidence)

Yes No

b. If yes, is a permit required?

Yes No

c. If a permit is required, include it and any correspondence with USFWS and cite location(s) in the application package:

17. Bald and Golden Eagle Protection Act

a. May the proposed project take or disturb bald or golden eagles (including nests) as defined in the Bald and Golden Eagle Protection Act? (If no, provide evidence)

Yes No

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b. If yes, is a permit required?

Yes No

c. If a permit is required, include it and any correspondence with USFWS and cite location(s) in the application package.

18. Invasive Species

a. Does the proposed project have potential to introduce or foster the spread of invasive species?

Yes No

b. If yes, cite the document that describes measures that will be taken to minimize this risk and location(s) in the application package:

19. Section 106

a. Does the proposed project have potential to impact properties (including submerged abandoned shipwrecks) listed in or eligible for inclusion in the National Register of Historic Places?

Yes No

b. If yes, provide evidence of consultation with the State Historic Preservation Officer (and the Advisory Council on Historic Preservation, if applicable) and cite location (s) in the application package. Include:

Copies of the correspondence:

Memorandum of Agreement

No effect determination See Appendix D for SHPO’s No Adverse Effect Determination for the proposed project.

c. For projects involving Federal lands only provide:

Archeological clearances

Archeological reports

20. Clean Air Act

a. Does the proposed project occur in an area of nonattainment or maintenance for any criteria pollutant?

Yes No

b. If project occurs in a nonattainment or maintenance area, do the transportation or general conformity regulations, or both, apply?

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General Transportation

c. Is the project exempt from a transportation conformity analysis for any of the reasons listed in 40 CFR § 93.126? Which reason?

Yes No Reason: The proposed project is a Railroad Safety Improvement according to 40 CFR § 93.126 - Exempt projects.

d. Is the project exempt from a general conformity analysis for any of the reasons listed in 40 CFR § 93.153(c)?

Yes No Reason: The proposed project is a Railroad routine repair and maintenance activity according to 40 CFR § 93.153(c)(iv).

e. If general conformity applies, is the project listed in a conforming State Implementation Plan (SIP)?

Yes No

f. If a general conformity determination was prepared, include the draft and final determinations and any relevant correspondence and cite their location(s) in the application package:

g. If transportation conformity applies, is the project listed in a conforming SIP, Transportation Improvement Program (TIP), Regional Transportation Plan (RTP), or Federal Implementation Plan (FIP)?

Yes No

h. If yes, cite location of information regarding listing in the application package:

i. If transportation conformity applies, does the project contribute to any new localized CO, PM 10 , or PM 2.5 violations or increase the frequency or severity or any existing violations of the same?

Yes No

j. If yes, cite location of information in the application package:

21. Actions to Address Environmental Justice in Minority or Low-Income Populations

a. Does the proposed project involve disproportionate adverse impacts to minority and/or low-income populations as defined in Executive Order 12898?

Yes No

b. If yes, include the analysis describing the impacts and cite location(s) in the application package:

c. If yes, cite the location in the application package that describes measures to be taken to reduce those impacts:

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22. Hazardous Materials, Substances or Wastes

a. Does the proposed project involve or is it located near a Superfund site or any site regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA) or State law regulating hazardous materials, substances or wastes?

Yes No

b. If yes, cite the location(s) in the NEPA document where hazardous materials, substances or wastes are discussed: Lead-based paint surfaces on the bridge may be disturbed during the demolition and construction activities. Proper abatement and disposal of the lead-based paint will be performed prior to demolition and/or construction work.

See Appendix B for Bridge Permit plan sheets.

For Waterway Data Requirements, see following section and referenced supporting appendices.

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C. WATERWAY DATA REQUIREMENTS (as required by the Coast Guard, include the below information as an attachment to the application letter per Appendix A of the BPAG)

A. Means of Data Collection:

All sources of data are provided herein.

B. Present governing bridge(s) or aerial structure(s) on the waterway:

1. Identify all bridges upstream and downstream of the proposed bridge site and their existing horizontal and vertical clearances to determine the existing minimum horizontal and vertical clearances (including overhead transmission line clearances). Provide in table format.

Table 1 – Summary of HRLB Clearances

Vertical Vertical Horizontal Bridge Type Location Clearance Clearance Clearance (closed span) (open span)

Ward’s Lift bridge Downstream 300 ft. 65 ft. 136 ft. Island Bridge

Robert F. Kennedy Lift bridge Downstream 204 ft. 54 ft. 136 ft. Bridge

Willis Avenue Swing Downstream 109 ft. 25 ft. N/A Bridge bridge

Third Avenue Swing Downstream 118 ft. 27 ft. N/A Bridge bridge

Madison Avenue Lift bridge Upstream 104 ft. 25 ft. 135 ft. Bridge

145 th Street Swing Upstream 104 ft. 25 ft. N/A Bridge bridge

Macombs Swing Upstream 164 ft. 27 ft. N/A Dam Bridge bridge

102 ft. (at The High High fixed Upstream 322 ft. center); 77 ft. N/A Bridge bridge for 250 ft.

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Vertical Vertical Horizontal Bridge Type Location Clearance Clearance Clearance (closed span) (open span)

103 ft. (at Alexander Fixed center); 79 ft. Hamilton Upstream 366 ft. N/A bridge for center 250 Bridge ft.

Washington Fixed Upstream 354 ft. 134 ft. N/A Bridge bridge

Notes: N/A = Not applicable Source: NOAA Chart 12339 and NOAA Chart 12342

2. Does the proposed bridge(s) match (or is greater than) the navigational clearance of existing structures on the waterway?

The existing HRLB features vertical clearances of 25’ with Span Seated and 135’ with Span Up. The existing vertical clearances of the HRLB would remain unchanged under the proposed project. The existing HRLB vertical clearance matches the downstream lift bridge clearances of Madison Avenue Bridge, Ward’s Island Bridge, RFK Bridge; the upstream bridges are primarily swing bridges and a few fixed bridges that have vertical clearances of 250’.

The proposed waterside protection work would modify the existing Horizontal Clearance of 225’ to a proposed Horizontal Clearance of 196’. This change does not introduce a new navigation channel restriction as Third Avenue Bridge immediately to the south has a 118’ Horizontal Clearance and Madison Avenue Bridge to the north has a 104’ Horizontal Clearance. The proposed horizontal clearance at the HRLB would still be nearly 80’ wider than the immediate upstream and downstream bridges. As shown in the table above, five (5) bridges on the Harlem River have more restrictive horizontal clearances than the proposed HRLB Horizontal Clearance.

3. What is the most restrictive horizontal clearance on the waterway? (This may be a fixed bridge downstream/upstream of the proposed structure, a low hanging power line downstream/upstream of the bridge(s), or it may be some other structure that limits horizontal clearance. Sometimes the existing to-be-replaced bridge(s) is the most restrictive structure.)

a. Milepoint: Madison Avenue Bridge is M.P. 2.5 and Willis Ave. Bridge is M.P. 0.2.

b. Horizontal clearance: Upstream , Madison Avenue Bridge has a Horizontal Clearance of 104 ft. and downstream, Willis Avenue Bridge has a Horizontal Clearance of 109 ft. (see Figure 6 below)

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Figure 6: Adjacent Bridges With More Restrictive Horizontal Clearances

4. What is the most restrictive vertical clearance on the waterway? (This may be a fixed bridge downstream/upstream of the proposed structure, a low hanging power line downstream/upstream of the bridge(s), or it may be some other structure which limits vertical clearance. Sometimes the existing to-be-replaced bridge(s) is the most restrictive structure.)

a. Milepoint: Washington Bridge is at M.P. 4.8

b. Vertical clearance: Washington Bridge has the most restrictive vertical clearance on the Harlem River with a Vertical Clearance of 134 ft. The Washington Bridge is a fixed bridge upstream of the HRLB. The existing HRLB vertical clearance (135’ open) nearly matches the Washington Bridge vertical clearance and the downstream lift bridge clearances of Ward’s Island Bridge (136’) and RFK Bridge (136’). No changes to the vertical clearance of the existing HRLB are proposed.

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5. Will the proposed bridge(s) become the most restrictive/obstructive structure across the waterway?

No, the existing vertical clearances of the HRLB would be unaffected by the proposed project. This change does not introduce a new navigation channel restriction as Third Avenue Bridge immediately to the south has a 118’ Horizontal Clearance and Madison Avenue Bridge to the north has a 104’ Horizontal Clearance. The proposed horizontal clearance of 196 ft. at the HRLB would still be nearly 80’ wider than the immediate upstream and downstream bridges. Further downstream, Willis Avenue Bridge has a Horizontal Clearance of 109 ft., as well.

C. Waterway characteristics: (All domestic bridge navigational clearances should be stated in linear feet in decimal form vs. feet and inches. All international bridge navigational clearances should be stated in linear unit of measure as well as the metric equivalent.)

1. Various waterway stages: (Datum that is used).

Table 2 – Tidal Datum at HRLB

Elevation [NAVD88, US-ft] Datum (@40.811263 , -73.933461)

MLLW -2.563

MLW -2.388

LMSL -0.105

MTL -0.115

MHW 2.122

MHHW 2.410

Source: NOAA VDatum Online (Accessed 2019-10-08)

2. Natural flow of the waterway including currents, waterway velocity, water direction, and velocity fluctuations (seasonal, daily, hourly, etc.), that might affect navigation.

Table 3 – Tidal Velocities at HRLB

Tide Mean Speed [knots] Mean Direction [°T]

Ebb 1.84 0

Flood 1.71 180

Source: NOAA Tides & Currents. 2019 Tide Predictions for Station ID ACT3486 (Madison Ave. Bridge, 40.8133°, -73.9350°)

3. Width of the waterway at bridge site: The width of the waterway at the HRLB location

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is 522’ measured from the Manhattan bulkhead to the Bronx bulkhead.

4. Depth of the waterway and elevation fluctuations at bridge site: [List the depth at each waterway bridge stage (ex. Range of tides, average high water elevation, etc.)].

Channel Depths at site range from approximately 16’ to 22’ at MLLW, as shown in the Figure 11 below.

Figure 11. Harlem River Depths at the HRLB Source: NOAA RNC Viewer (Accessed 2019-10-08)

The typical tidal elevation fluctuations at the bridge are provided in Table 4 below.

Table 4 – Tidal Elevations at HRLB Approximate Tidal Elevation [NAVD88, US-ft] Elevations Datum (@40.811263 , -73.933461) (assuming lower river bottom elevation)

MLLW -2.563 16.0’

MLW -2.388 16.18’

LMSL -0.105 18.46’

MTL -0.115 18.45’

MHW 2.122 20.69’

MHHW 2.410 20.97’

Source: NOAA VDatum Online (Accessed 2019

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5. Waterway layout and geometry: (For example, is there a dam or lock; does the elevation of the approach impact the required bridge(s) clearance?). There are no known geometrical navigation issues at the HRLB.

6. Channel and waterway alignment: Location of the channel(s). The federal navigation channel passes through the center of the Harlem River under the existing HRLB at a diagonal slightly skewed to the northeast.

7. Other limiting factors: (For example, bends in the waterway within one-half mile of project site, hindrances to free navigation, fog, hydraulics, etc.) There is an approximately 30 degree bend to the east in the Harlem River approximately 0.15-mile downstream, between HRLB and Third Avenue Bridge. See the Figure 7 aerial below indicating the distance to the downstream bend.

Figure 7: Aerial Map of HRLB Vicinity Source: Google Maps (Oct. 8, 2019)

D. Do vessels that engage in emergency operations (i.e., law enforcement, fire, rescue, emergency dam repair, etc.), national defense activities (i.e. cruisers, fuel barges, munitions ships, etc.) or channel maintenance (i.e., dredges, dam and levee repair, etc.) operate on the waterway? If yes, describe the vessels and provide the following information:

1. Does levee maintenance, bridge work (other bridges), channel maintenance and emergency operations upstream of bridge require certain vessels to transit the waterway? 25 Coast Guard Bridge Permit/Permit Amendment Template

The Harlem River navigation channel in the vicinity of the existing HRLB is not maintained by the USACE. Daily tidal velocities and fluctuations of the river maintain the channel depths and limit sedimentation. Emergency monitoring operations involve vessels from the NYPD Harbor Patrol, Homeland Security Patrol, and FDNY Boats to transit the Harlem River waterway upstream and downstream of the bridge.

2. Does the proposed bridge(s) impact USCG and/or other government vessels’ ability to transit the bridge(s) to conduct mission essential functions (icebreakers, patrols, etc.)?

There are no known effects of the proposed project on the USCG and its operations.

3. Vessels using the waterway during the proposed bridge(s) lifespan (should include):

The following types of vessels characterize the typical uses of the waterway at the HRLB:

- USCG Vessels - New York City Police Department’s Harbor Unit - New York City Fire Department Fireboats - NYCDEP Bowery Bay Wastewater Treatment Plant supporting vessel - Commercial Boats o Circle Line o New York Water Taxi o New York Ferry Service o Fuel oil and gas tankers - Recreational Boats o Sailboats o Motorboats o Kayaks o Rowing shells (Columbia U., others)

A log of the HRLB openings from 2015-2018 is available in Appendix E.

a. Vessel name;

b. Registration/documentation numbers;

c. Vessel type;

d. Vessel owner contact information (company/individual name, address, contact info.);

e. Primary vessel mooring location (include waterway milepoint, if known);

f. Vessel overall length;

g. Vessel beam;

h. Vessel draft (depth of hull below waterline at full load);

i. Vessel air draft (height of the highest fixed point of the vessel above the waterline,

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when empty);

j. Specialized vessels that use the waterway (e.g. vessels which have limited maneuverability due to inherent design or mode of operation);

k. Safety margin required by vessel to navigate through the bridge(s);

l. Vessel transit frequencies under proposed bridge(s), transit speeds, and load configurations; and

m. Vessel traffic characteristics (to include if tug assist is required for transit through the bridge(s) due to limited horizontal clearance).

4. Will the proposed bridge(s) provide the horizontal and vertical clearances for the safe, efficient passage of the largest of these vessels? Why?

Yes. The existing vertical clearances of the HRLB would be unaffected by the proposed project.

The proposed fender system would modify the existing Horizontal Clearance of 225’ to a proposed Horizontal Clearance of 196’. This change does not introduce a new navigation channel restriction as Third Avenue Bridge immediately to the south has a 118’ Horizontal Clearance and Madison Avenue Bridge to the north has a 104’ Horizontal Clearance. The proposed horizontal clearance at the HRLB would still be nearly 80’ wider than these immediate upstream and downstream bridges. As shown in Table 1 above, five (5) bridges on the Harlem River have more restrictive horizontal clearances than the proposed HRLB Horizontal Clearance. Based on the summary of horizontal clearances on the Harlem River (see Table 1 above) and the study of vessels using the Harlem River (see Table 5 below), the modifications to the horizontal channel would provide for the safe and efficient passage of the largest of these vessels.

If no, estimate the number of vessels in each of the above categories unable to pass through the proposed bridge(s). Give the name, length overall (LOA), beam, draft and height of highest fixed point above the waterline for vessels affected by the bridge(s). Not Applicable.

Can these vessels be modified (i.e., folding mast, relocation or equipment, etc.) without decreasing their respective response times? If so, name the vessels. Not Applicable.

If modifications are feasible, state the name of the vessel(s), their trip frequency, the necessary modifications, the cost of the modification(s) and who will pay for them (i.e., vessel owner, applicant, other). Not Applicable.

5. Provide any additional information concerning the potentially impacted or burdened users of the waterway as well as the future use of the waterway.

A search of NYCEDC projects and other related City and private developments proposed on the Harlem River waterfront has been completed, and there are no known new marinas or vessel docking areas proposed that would create a new vessel use or expanded navigational requirement on the Harlem River.

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E. Has the United States Corps of Engineers (USACE) completed or does it plan to complete a federal navigation project on the waterway? If yes, provide the following information:

The USACE names the reach of waterway in the vicinity of the HRLB, the “Harlem River Reach B”, however, a federal navigation channel in the vicinity of the existing HRLB is not maintained by the USACE because the daily tidal velocities and current fluctuations of the river maintain the channel depths and limit sedimentation. The USACE is responsible for reporting conditions of the navigation channels and the New York District performs periodic surveys to determine channel conditions. Minimum controlling depths are shown by channel segments on standard forms, along with the location of shoals and other critical information. The Harlem River Controlling Depths Report, including conditions for Reach B of the Harlem River, is available in Appendix F.

1. Project name, downstream/upstream milepoints, depth, type of project, scope, status of project and other limiting factors. Not Applicable. Harlem River does not have a maintained federal navigation channel.

2. Whether there is/was a “design vessel” used in planning the channel? What is/was the design vessel? Was the design vessel reviewed by the Coast Guard? Not Applicable. Harlem River does not have a maintained federal navigation channel with an assumed design vessel.

3. The following specifications of the vessel for which the navigation project is or will be designed: LOA, beam, draft and height of highest fixed point above the waterline. Not Applicable.

4. Will the proposed bridge(s) provide the horizontal and vertical clearances necessary for the safe, efficient passage of the vessel for which the navigation project was designed?

Not applicable with regards to a design vessel. However, please see the response to D.4 in the section above. The proposed 196’ horizontal clearance and no change to the 135’ vertical clearance will clearly accommodate the known vessels of the Harlem River. Please reference the HRLB bridge openings log in Appendix E, and Table 5 and 6 below for the summary of vessel dimensions associated with the bridge openings. The largest identified vessel that is within the 3-mile vicinity of the HRLB is a McInnis Cement barge, measuring 600’ in length and 135’ in height, along the East River waterfront at 50 Oak Point Avenue in the Bronx, NY.

5. If so, can the vessel be modified to clear the proposed bridge(s) without substantially increasing operating costs? Not Applicable.

6. If modifications are feasible, state the necessary modifications, costs of any modification(s), and who will pay for the modifications. Not Applicable.

7. Are there projected changes in waterway usage based upon anticipated waterway improvement projects?

A search of NYCEDC projects and other related City and private developments proposed on the Harlem River waterfront has been completed, and there are no known

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new marinas or vessel docking areas proposed that would create a new vessel use or expanded navigational requirement on the Harlem River.

8. Does the proposed bridge(s) impact USACE ability to transit the bridge(s) in a Federal project channel? No, the proposed clearances would not affect USACE’s ability to transit the HRLB.

F. Describe the present and prospective recreational navigation: Will the proposed bridge(s) affect the safe, efficient movement of any segment of the present or prospective recreational fleet operation on the waterway?

The navigational channel is primarily used by commercial vessels and the proposed change to 196’ horizontal clearance would not affect the present navigation on the Harlem River. Please reference the known dimensions of the largest vessels within a 3-mile radius in Table 6 below. This change does not introduce a new navigation channel restriction as Third Avenue Bridge immediately to the south has a 118’ Horizontal Navigation Channel and Madison Avenue Bridge to the north has a 104’ Horizontal Navigation Channel. The proposed horizontal clearance at the HRLB would still be nearly 80’ wider than the immediate upstream and downstream bridges. As shown in the table above, five (5) bridges have more restrictive horizontal clearances than the proposed HRLB Horizontal Clearance. Based on the summary of horizontal clearances on the Harlem River and the study of vessels using the Harlem River (see Table 5 and 6 below), the modifications to the horizontal channel would provide for the safe and efficient passage of the largest of these vessels.

In addition, there are no there are no known new marinas or vessel docking areas proposed that would create a new vessel use or expanded navigational requirement on the Harlem River. Therefore, it is not anticipated that the proposed project would have an impact on the safe, efficient movement of any segment of the present or prospective recreational vessels that operate on the waterway.

If yes, provide the following information:

1. Vessels utilizing the waterway during the proposed bridge(s) lifespan. (Information in this bullet should include:)

a. Vessel name;

b. Registration/documentation numbers;

c. Vessel type;

d. Vessel owner contact information (company/individual name, address, contact info.);

e. Primary vessel mooring location (include waterway milepoint, if known);

f. Vessel overall length;

g. Vessel beam;

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h. Vessel draft (depth of hull below waterline at full load);

i. Vessel air draft (height of the highest fixed point of the vessel above the waterline, when empty);

j. Specialized vessels that use the waterway (e.g., vessels which have limited maneuverability due to inherent design or mode of operation);

k. Safety margin required by vessel to navigate through the bridge(s);

l. Vessel transit frequencies under proposed bridge(s), transit speeds, and load configurations; and

m. Vessel traffic characteristics (to include if tug assist is required for transit through the bridge(s) due to limited horizontal clearance).

2. What is the estimated percentage of the recreational fleet, which may be affected by the proposed bridge(s)? Zero (0) percent of the recreational fleet would be affected by the bridge changes, please refer to the vessel dimensions provided in Table 6 below.

3. Will the proposed bridge(s) eliminate the access of these vessels to existing or planned commercial, water-oriented facilities (i.e., restaurants, shops, recreational areas, marinas, etc.) in the vicinity of the proposed bridge(s)? If yes, describe these facilities. The proposed project will not eliminate waterway access to the vessels using the Harlem River.

4. Is it feasible to modify the affected segments of the fleet to clear the proposed bridge(s) without substantially increasing operating costs? If yes, name the vessel(s), state the necessary modifications, cost of modifying each vessel and person or entity responsible for financing the modifications. Not applicable.

5. Provide any additional information concerning the potentially impacted or burdened users of the waterway as well as the future use of the waterway. No potentially impacted users by the proposed project are known.

NOTE: Check with local USACE District Office, Chamber of Commerce or other organizations for proposed marinas, recreational areas, shops, etc.

G. Describe the present and waterway and prospective commercial navigation and the cargoes moved on the waterway: Will the proposed bridge(s) affect the safe, efficient movement of any segment of the present or prospective commercial fleet operating on the waterway?

No, the proposed bridge(s) will not affect the safe, efficient movement of any segment of the present or prospective commercial fleet operating on the waterway. Navigation on the Harlem River is primarily commercial vessels, barges and canals boats without masts and tugboats with low stacks, in addition to water taxis and ferries. The proposed project would not change the vertical clearances of the HRLB and the proposed horizontal clearance at the HRLB would still be nearly 80’ wider than the immediate upstream and downstream bridges. Therefore, it is not anticipated that the proposed project would have an impact on

30 Coast Guard Bridge Permit/Permit Amendment Template

the safe, efficient movement of any segment of the present or prospective commercial fleet that operate on the waterway.

Metro-North maintains a bridge opening log book at the HRLB (see Appendix E for representative series of openings). Over half of the listed bridge openings between 2015 – 2018 are maintenance and testing related; not related to vessel crossings. Based on reviewing bridge opening logs from 2015 to 2018, the following the vessels in Table 5 characterize the typical commercial uses of the waterway at the HRLB that require lift bridge openings:

Table 5 – Typical HRLB Openings from 2015 – 2018

Vessel Breadth Vessel Type Length Height Draft Name Extreme Susan Tugboat 68.4’ 23.9’ -- 9.3’ Miller Eastern 8.6’ (load); Tugboat 55.5’ 33’ -- Dawn 6’ (light) Foxy 3 Tugboat 64’ -- 24’ -- James E. Tugboat 62’ -- 33’ -- Brown Source: Metro-North Operators Log Book, 2015-2018

If yes, provide the following information: Not applicable.

1. Vessel name;

2. Registration/documentation numbers;

3. Vessel type;

4. Vessel owner contact information (company/individual name, address, contact info.);

5. Primary vessel mooring location (include waterway milepoint, if known); vessel overall length;

6. Vessel beam;

7. Vessel draft (depth of hull below waterline at full load);

8. Vessel air draft (height of the highest fixed point of the vessel above the waterline, when empty);

9. Specialized vessels that use the waterway (e.g. vessels which have limited maneuverability due to inherent design or mode of operation);

10. Safety margin required by vessel to navigate through the bridge(s);

11. Vessel transit frequencies under proposed bridge(s), transit speeds, and load 31 Coast Guard Bridge Permit/Permit Amendment Template

configurations; and

12. Vessel traffic characteristics (to include if tug assist is required for transit through the bridge(s) due to limited horizontal clearance).

13. Does the proposed bridge(s) impact existing and future cruise ship ports-of- call/terminals?

14. Does the proposed bridge(s) impact ports supporting post-Panamax vessels?

15. Does the proposed bridge(s) impact vessels that produce unique products for the region?

16. Does the proposed bridge(s) impact vessels that require helper boats/tugs? (Note the combined clearance requirement of the vessel and the helper boat/tug.)

17. Document annual cargo movements (cargo types and quantities);

18. State the estimated percentage of the commercial fleet, which may be affected by the proposed bridge(s).

19. Will the proposed bridge(s) clearance impact present and/or prospective upstream commercial activity, e.g., jobs and economic growth and development?

20. If yes, address any existing or planned commercial/industrial developments negatively affected by the proposed clearances and discuss the economic impacts the proposed clearances will have on these businesses:

21. Document the foreseeable needs to future navigation;

22. Provide existing and historical navigational use and waterway conditions;

23. Provide input from waterway dependant facilities concerning future use;

24. Describe land use zoning along the waterway (particularly within the riparian zone);

25. Describe future vessel size and traffic trends;

26. Include input from states based on state development plans;

27. Include input from facilities based on business plans;

28. Document local commercial shipping and other businesses affected by this restriction.

Note: the next opportunity to adjust clearances for navigation is usually between 50-100 years unless interim waterway improvement projects include the cost of bridge alterations.

29. Is it feasible to modify the restricted vessels to clear the proposed bridge(s) without substantially increasing operating costs? If yes, name the vessel(s), state the necessary modifications, cost of modifying each vessel and company or entity responsible

30. Provide any additional information concerning the potentially impacted or burdened users

32 Coast Guard Bridge Permit/Permit Amendment Template

of the waterway as well as the future use of the waterway.

H. Identify the name and contact information for marine facilities located within a 3-mile radius of the proposed project (public boat ramps, marinas or major docking facilities, boat repair facilities, etc.:

Please refer to Figure 8 and Figure 9 for the Marine Facilities within a 3-Mile Radius of HRLB Map and Marine Facilities within a 3-Mile Radius of HRLB Map (Full Extent). See Table 6 below for a summary of marine facilities identified and contacted within a 3- mile radius of the HRLB, and their respective largest vessel dimensions.

Table 6 - Marine Facilities Within a 3-Mile Radius Summary

Largest Largest Fig. Facility Borough Block Lot Address Owner Vessel Vessel Source ID Name Length Height

91st Street Vessel Marine 1740 YORK MF1 Manhattan 1587 27 SANITATION 150 40 specs from Transfer AVENUE Convanta Station Seth Pier 107 275 FDR Not Not MF1 Manhattan 1700 58 NYC PARKS Goodwin, CVII DRIVE Active Active NYC Parks Seth Pier 107 Not Not MF3 Manhattan 1701 49 FDR DRIVE NYC PARKS Goodwin, CVII Active Active NYC Parks https://web. archive.org /web/20131 030104536/ FDNY Fire http://home WARDS Not Not MF4 Manhattan 1819 15 Training FDNY 2.nyc.gov/h ISLAND Active Active Academy tml/fdny/ht ml/units/fir e_academy /fa_index.s html Randall's Island Park 203 Seth PARKS AND approx. approx. MF5 Manhattan 1819 203 (NYPD RANDALLS Goodwin, RECREATION 65' 15’ Harbor ISLAND NYC Parks Unit) Randall's Island Park (Special 203 Seth Event PARKS AND MF6 Manhattan 1819 203 RANDALLS 97' 30' Goodwin, landing RECREATION ISLAND NYC Parks south of RFK Bridge) MAJ WM Seth NY Yankees STATE OF NEW approx. approx. MF7 Bronx 2539 4 DEEGAN Goodwin, (Guess) YORK 140' 35’ BLVD NYC Parks Highbridge Google MF8 Bronx 2541 8900 ------Yard Earth approx. approx. 115' 25' boat; Buckeye 1040 EAST BUCKEYE boat Google MF9 Bronx 2599 92 approx. Terminal 149 STREET TERMINALS, LLC approx. Earth 20' 300' barge barge 50 OAK McInnis OPP PARCEL A https://mci MF10 Bronx 2604 180 POINT 600' 135' Cement LLC nniscement AVENUE

33 Coast Guard Bridge Permit/Permit Amendment Template

Largest Largest Fig. Facility Borough Block Lot Address Owner Vessel Vessel Source ID Name Length Height

.com/conta ct-us/

North NORTH Seth PARKS AND MF11 Bronx 2605 20 Brother BROTHER 25' 8' Goodwin, RECREATION Island ISLAND NYC Parks

1110 OAK 1381 MYRTLE MF12 Bronx 2606 30 -- POINT ------REALTY CO AVENUE Seth Tiffany TIFFANY PARKS AND Not Not MF13 Bronx 2771 99 Goodwin, Street Pier STREET RECREATION Active Active NYC Parks Seth Tiffany TIFFANY PARKS AND Not Not MF14 Bronx 2771 100 Goodwin, Street Pier STREET RECREATION Active Active NYC Parks Seth Tiffany TIFFANY PARKS AND Not Not MF15 Bronx 2777 903 Goodwin, Street Pier STREET RECREATION Active Active NYC Parks

Hallett's Seth approx. approx. MF16 Queens 490 100 Cove 1 STREET NYC PARKS Goodwin, 97' 25’ Playground NYC Parks

Bowery Bay DEPT. OF Wastewater BERRIAN approx. approx. Google MF17 Queens 776 150 ENVIRONMENTAL Treatment BOULEVARD 400' 50’ Earth PROTECTION Plant Astoria STEINWAY ASTORIA MF18 Queens 814 28 Energy, ------STREET ENERGY, LLC LLC CONSOLIDATED MF19 Queens 850 1 ConEdison 20 AVENUE ------EDISON Rikers 10-01 HAZEN DEPARTMENT OF approx. approx. Google MF20 Bronx 2605 40 Correctional STREET CORRECTIONS 0' 20’ Earth Center Notes: -- = information unavailable

I. Will the proposed bridge(s) block access of any vessel presently using local service facilities (i.e., repair shops, parts distributors, fuel stations)? If yes, provide the following information:

No, the proposed modifications to the bridge will not block access of any vessel presently using local service facilities because the bridge is not the crossing with the most restrictive horizontal and vertical clearance of the Harlem River.

1. Describe the facilities impacted and estimate the number of vessels currently using these facilities. Not applicable.

a. Vessel information should include the following for each blocked vessel:

A) Vessel name;

B) Registration/ documentation numbers;

C) Vessel type;

34 Coast Guard Bridge Permit/Permit Amendment Template

D) Vessel owner contact information (company/individual name, address, contact info);

E) Primary vessel mooring location (include waterway milepoint, if known); vessel overall length;

F) Vessel beam;

G) Vessel draft (depth of hull below waterline at full load); and

H) Vessel air draft (height of the highest fixed point of the vessel above the waterline, when empty);

2. Could any of these facilities be considered critical infrastructure, key resources, or important/unique U.S. industrial capability (i.e., are these facilities unique or one of only a few of the type in the area?) Address whether the proposed clearances negatively affect those facilities and their customers.

Within the 3-mile radius, there are a number of key facilities, including: • 91st Street Marine Transfer Station • Bowery Bay Wastewater Treatment Plant • Astoria Energy, LLC • ConEdison • Rikers Correctional Center • FDNY Fire Training Academy • Randall's Island Park (NYPD Harbor Unit)

Please reference the HRLB bridge openings log in Appendix E, and Table 5 and 6 below for the summary of vessel dimensions associated with the bridge openings. The largest identified vessel that is within the 3-mile vicinity of the HRLB is a McInnis Cement barge, measuring 600’ in length and 135’ in height, along the East River waterfront at 50 Oak Point Avenue in the Bronx, NY. The proposed 196’ horizontal clearance and no change to the 135’ vertical clearance will clearly accommodate this largest known vessels and other known vessels of the Harlem River.

3. What economic impact will loss of access have on these facilities? Include estimated dollar amount to support Commandant and DHS goals. No known economic impact would be caused by the proposed project.

4. What is the distance to alternate service facilities capable of servicing the affected vessels? Describe the facilities. Not applicable, as the proposed project would not require trips to alternate facilities.

5. Will use of these alternate facilities substantially increase vessel operation affected vessels? Describe the facilities. Not applicable, as the proposed project would not require trips to alternate facilities.

6. Is it feasible to modify the affected vessels to clear the proposed bridge(s)? Not applicable, as the proposed project would not require modifications to vessels.

35 Coast Guard Bridge Permit/Permit Amendment Template

7. If yes, state the name, necessary modifications, cost of modifying each vessel and who will pay for the modifications. Not applicable.

J. Are alternate routes bypassing the proposed bridge(s) available for use by vessels unable to pass the proposed bridge(s)? If yes, provide the following information:

Yes, alternate marine route routes include: the Hudson River, East River, using the Harlem River south of the bridge, and using the Harlem River north of the bridge.

1. State the number of vessels that will be forced to use alternate routes. Not Applicable.

2. For each vessel identified in section H1.a. above, include the following information:

a. Vessel name;

b. Registration/documentation numbers;

c. Vessel type;

d. Vessel owner contact information (company/individual name, address, contact info.);

e. Primary vessel mooring location (include waterway milepoint, if known);

f. Vessel overall length;

g. Vessel beam;

h. Vessel draft (depth of hull below waterline at full load);

i. Vessel air draft (height of the highest fixed point of the vessel above the waterline, when empty); and

j. Specialized vessels that use the waterway (e.g., vessels which have limited maneuverability due to inherent design or mode of operation);

3. Identify any alternate routes and provide the respective distances between the proposed bridge(s) and these routes. If a vessel had to avoid the HRLB and take an alternate route (south on East River, north on Hudson River to Harlem River south) to make it to the opposite side of the bridge, the distance is approximately 29 miles.

4. Will use of these routes substantially increase the transit time and/or operating costs of the affected vessels? This relates to the mobility goals of the Commandant and DHS. Assuming a vessel was travelling 8 mph to take the 29 mile detour, it would take approximately 3.6 hours. However, a scenario requiring the navigation of the 29-mile detour is highly unlikely.

5. If yes, describe the impacts of increased transit time and/or operating costs. Not applicable.

6. Is it feasible to modify these vessels to clear the proposed bridge(s)? Not applicable.

36 Coast Guard Bridge Permit/Permit Amendment Template

7. If yes, state the name, necessary modifications, cost of modifying each vessel and who will pay for these modifications.

K. Will the bridge(s) prohibit the entry of any vessels to the local harbor of refuge? If yes, describe the harbor and provide the following information:

Not Applicable, the Harlem River does have known local harbor of refuge for recreation or commercial vessels operating in the region. Other harbors of refuge on Long Island or New Jersey can be accessible by the East River, Hudson River and Long Island Sound.

1. What percentage of vessels currently using the harbor refuge will not be able to pass the proposed bridge(s) to gain access to that refuge? Describe the vessels. Not Applicable.

2. Provide vessel information for those vessels identified in J.1.:

a. Vessel name;

b. Registration/documentation numbers;

c. Vessel type;

d. Vessel owner contact information (company/individual name, address, contact info.);

e. Primary vessel mooring location (include waterway milepoint, if known);

f. Vessel overall length;

g. Vessel beam;

h. Vessel draft (depth of hull below waterline at full load);

i. Vessel air draft (height of the highest fixed point of the vessel above the waterline, when empty); and

j. Specialized vessels that use the waterway (e.g. vessels which have limited maneuverability due to inherent design or mode of operation);

3. Is it feasible to modify these vessels to clear the proposed bridge(s)? Not Applicable.

4. If yes, state the name, necessary modification, cost of modifying each vessel and who will pay for the modifications.

5. If alternate refuges are available, describe them and state the distance of each from the present harbor of refuge. Not Applicable.

NOTE: A harbor of refuge is defined as a naturally or artificially protected water area that provides a place of relative safety or refuge for commercial and recreational vessels traveling along the coast or operating in a region.

37 Coast Guard Bridge Permit/Permit Amendment Template

L. Will the proposed bridge(s) be located within one-half mile of a bend in a waterway? If yes, describe the bend and provide the following information:

There is an approximately 30 degree bend to the east in the Harlem River downstream, between HRLB and Third Avenue Bridge, approximately 0.15-mile downstream of the HRLB. See Figure 7 above, Aerial Map of HRLB Vicinity above indicating the distance to the downstream bend.

1. Is there sufficient distance between the bridge(s) and the bend to allow proper vessel alignment for the safe, efficient passage of vessels through the proposed bridge(s)?

Yes, there will be sufficient distance, over 0.15-mile, between the HRLB and the bend to allow proper vessel alignment for the safe, efficient passage of vessels through the proposed bridge.

2. If no, what factors make construction of the bridge(s) at an alternate location impractical?

M. Are there other factors (i.e., dockages, lightering areas, existing bridges, etc.) located within one-half mile of the proposed bridge(s), which would create hazardous passage through the proposed structure? If yes, provide the following information:

Not Applicable. There are no other known factors located within one-half mile of the proposed project that would create hazardous passage through the structure. The land use on the Manhattan side of the existing HRLB is the Hudson River Greenway, owned by City Department of Parks and Recreation, recreational waterfront and the land use on the Bronx side of the existing HRLB is commercial and warehouse uses. There is industrial land use located within one-half mile, downstream of the proposed project, however, there are no factors that would make vessel passage more hazardous than current conditions (see Figure 10 – Land Use Map).

1. Describe the factors. (For example, construction impacts to navigation and waterway users, etc.) Not applicable.

2. What mitigative measures are being recommended? (For example, navigation safety during construction, etc.) Why? Not applicable.

N. Do local hydraulic conditions (i.e., wave chop, cross currents, tides, shoals, etc.) increase the hazard of passage through the proposed bridge(s)? If yes, provide the following information:

No, the local hydraulic conditions are not anticipated to increase the hazard of vessel passage under the HRLB once the proposed project is complete. As described above, the natural tidal movements are expected to maintain the federal navigation channel and the proposed improvements are not anticipated to change the hazard of passage through the proposed bridge.

Daily tidal velocities (up to 1.8 knots) and current fluctuations of the river maintain the channel depths and limit sedimentation (see Section C – Water Characteristics). The USACE does not have a dredging program to maintain a federal navigation channel within the Harlem River, instead the USACE relies on the natural tidal movements to

38 Coast Guard Bridge Permit/Permit Amendment Template

maintain the channel. It is expected that the local hydraulic conditions would remain unchanged and therefore, would not increase the hazard of passage beneath the HRLB. See 2019 NOAA Tidal Current Predictions in Appendix G.

The depths of the federal navigation channel in the vicinity of the HRLB range from approximately 26’ to 16’ at MLLW. Further upstream at Madison Avenue Bridge depths as shallow as 13’are present and downstream, south of Third Avenue Bridge has depths as shallow as 14’. The tidal movements within this section of the Harlem River create areas of shoaling and sedimentation.

Source: NOAA RNC Viewer (Accessed 2019-10-08) Figure 12. Harlem River Depths in the HRLB Vicinity

As described in the USACE Harlem River CDR (see Appendix F): “Shoaling exists in the Left Outside Quarter commencing approximately 365 feet seaward of the Park Ave Bridge and continues landward to the same bridge, having a maximum width of approximately 15 feet. Shoaling exists across the Left Inside and Right Inside Quarters commencing approximately 70 feet seaward of the 145 Street Bridge and continuing landward approximately 25 feet, having a maximum width of approximately 90 feet. Shoaling exists along the channel’s toe in the Left Outside Quarter commencing approximately 230 feet landward of the 145 Street Bridge and continues approximately 575 feet landward, having a maximum width of approximately 50 feet.”

1. Describe the conditions: Please refer to the hydraulic condition descriptions above.

39 Coast Guard Bridge Permit/Permit Amendment Template

2. What mitigative measures are being recommended? Why? Not applicable, the proposed project would not affect hydraulic conditions or create a navigational hazard, therefore mitigative measures would not be required.

O. Do local atmospheric conditions (i.e., strong, prevailing winds, fog, rapidly developing storms, etc.) increase the hazard of passage through the proposed bridge(s)? If yes, provide the following information:

No, the proposed modifications to the bridge are minor and would not exacerbate atmospheric conditions or create new hazards to passage through the structure.

1. Describe the conditions: Not applicable.

2. What mitigative measures are being recommended? Why? Not applicable.

P. Have guide clearances been established for the waterway? If yes, provide the following information:

The same guide clearances will be installed in the new fender system and no changes to vertical clearances would occur. The final installation of the guide clearances will be coordinated with the USCG as necessary.

1. Horizontal guide clearance;

2. Vertical guide clearance;

3. Do the proposed bridge(s) clearances differ from these guide clearances?

4. If yes, what factors justify deviating from these guide clearances?

Q. Are there other natural or man-made conditions that affect navigation (atmospherics, exclusion zones, etc.)?

Not applicable, there are no other known natural or man-made conditions that would affect navigation at the HRLB and the proposed project would not affect the natural or man-made conditions at the HRLB.

1. Describe the conditions:

2. What mitigative measures are being recommended? Why?

R. State any other factors considered necessary for the safe, efficient passage of vessels through the proposed bridge(s)? Are clearance gauges needed? Why?

S. Include a description of the impacts to navigation caused or which could be reasonably caused by the proposed bridge(s) including but not limited to: proposed construction methodology, proposed or prospective changes to the existing bridge(s) operating 40 Coast Guard Bridge Permit/Permit Amendment Template

schedule (for movable bridges), and any proposed mitigation to all unavoidable impacts to navigation.

As described in this application, the proposed project (new fendering system) would not cause impacts to navigation. The navigational channel is primarily used by commercial vessels and the proposed change to 196’ horizontal clearance would not affect the present navigation on the Harlem River. This change does not introduce a new navigation channel restriction as Third Avenue Bridge immediately to the south has a 118’ Horizontal Navigation Channel and Madison Avenue Bridge to the north has a 104’ Horizontal Navigation Channel. The proposed horizontal clearance at the HRLB would still be nearly 80’ wider than the immediate upstream and downstream bridges. As shown in the table above, five (5) bridges have more restrictive horizontal clearances than the proposed HRLB Horizontal Clearance. Based on the summary of horizontal clearances on the Harlem River and the study of the largest known vessels using the Harlem River (see Table 5 and 6 below), the modifications to the horizontal channel would provide for the safe and efficient passage of the largest of these vessels. Therefore, no navigation-related mitigation is proposed or necessary for this project.

1. Conduct a navigational impact report, and include a review of all bridges upstream and downstream of the proposed site to determine the minimum vertical and horizontal clearances available on the waterway. See Table 1 above summarizing the navigational clearances of the Harlem River, Table 5 summarizing the typical bridge openings at the HRLB and the summary of the vessels using the Harlem River above in Section D above.

2. If the proposed bridge(s) is fixed, and is replacing an existing drawbridge with unlimited vertical clearance, the applicant must determine whether the proposed bridge(s) will accommodate existing and perspective navigation. Not Applicable.

T. Is there any proposed or completed mitigation for impacted waterway users? Are there any impacts that cannot be mitigated?

Not applicable. With the proposed modifications, the bridge would not create any new vertical clearances on the waterway. As described above, the most restrictive horizontal clearance on the Harlem River are the Madison Avenue Bridge and Willis Ave. Bridge. The proposed horizontal clearance at the HRLB would still be nearly 80’ wider than the immediate upstream and downstream bridges. As shown in the table above, five (5) bridges have more restrictive horizontal clearances than the proposed HRLB Horizontal Clearance.

1. Can vessels and cargoes be partially disassembled/dismantled in order to transit the proposed bridge(s), and if so, is it economically reasonable? The Coast Guard must take into consideration a vessel’s ability to adjust its operations without economic loss. Adjustment or mitigations techniques may include using other routes, lowering

41 Coast Guard Bridge Permit/Permit Amendment Template

electronics (GPS, radar, communication antennae, etc.), lowering crane booms, etc.

Not applicable or necessary. No changes to vertical clearances proposed.

2. Are alternative routes available for vessel passage? Yes, alternate route routes include the Hudson River, East River, and using the Harlem River south of the HRLB and north of the HRLB.

3. Can vessels transit at typical lower water stages (mean low water, mean pool level, etc.)? Yes, vessels are able to transit at typical lower water stages. No changes to vertical clearances are proposed under this project.

Appendix A

Metro-North Letter Authorizing HDR to Obtain Permits

Appendix B

Plan Sheets HARLEM RIVER LIFT BRIDGE WATERSIDE PROTECTION AND PIER REHABILITATION USCG BRIDGE PERMIT SET

Boroughs of Manhattan and Bronx, New York NY

DRAWING INDEX SHEET NO. DRAWING TITLE 1 WATERSIDE PROTECTION AND PIER REHABILITATION PROJECT COVER SHEET 2 PLAN AND ELEVATION 3 PROPOSED FENDER PLAN 4 ELEVATION AND SECTIONS 1 MADISON AVENUE BRIDGE BRONX

METRO-NORTH 2 HARLEM RIVER LIFT BRIDGE

PROJECT PROJECT AREA LOCATION 3

4 THIRD AVE BRIDGE

HARLEM RIVER

MANHATTAN

VICINITY PLAN

0 400 800 M otr -Noe R ahtr rli ao d

SCALE IN FEET

HISTORICAL STRUCTURES NOTE:

NR/SR ELIGIBLE 1. NO WILDLIFE OR WATERFOWL REFUGES ARE 1 MADISON AVENUE BRIDGE PRESENT IN THE VICINITY OF THE BRIDGE. 2 METRO-NORTH HARLEM RIVER LIFT BRIDGE 3 METRO-NORTH PARK AVENUE VIADUCT 4 MUGLER SHORING/JL MOTT IRON WORKS BUILDING COMPLEX 10/28/2019 C:\pwworking\east01\d1209213\01_G-01_Cover Sheet.dwg, G01 COVER, 10/22/2019 1:26:46 PM, SPOSTERNAK

ANCHOR PILE I (TYP.) � NAVIGABLE MANHATTAN I CHANNEL Iv X6.7 I TYPE B FENDER I I MANHATTAN I BULKHEAD EXIST. FENDER TYPE B FENDER LINE FLOATING BARRIER I I (TYP.)

---� PIER D EXIST. TIMBER I WALKWAY TO I I REMAIN LADDER z � E 0 o I I CLEARANCE I I RIP-RAP I I GAUGE BRIDGE FASCIA 1 "\--_-=--=-,-';=_-=-_-� --r I (/) Ll (ABOVE) � LI I TYPE A FENDER

1/1/, I I ,1 ;- !.. Ll I LI II LI . LI

LI I .

(/) TYPE A FENDER 0 BRIDGE FASCIA ------C -I (ABOVE) I I ------CLEARANCE---1-..-a:::; J ------I I \ GAUGE � CONCRETE ------z ------DRILLED SHAFT I ANCHOR BLOCK ------� PREVIOUS BRIDGE ------(TYP.) (APPROX) \ E ------\ a. ------

I ... I B ► EXISTING REINFORCE�� I ,. CONCRETE PIER (BEHIND) �UNDERSIDE OF \ LIFT SPAN TRUSSES ,. \\ / \ / \ � / \ .... I FENDER TYPE B FENDER TYPE A FENDER TYPE B

DRILLED COMPOSITE I � PIER-I SHAFT 0YP I / TYPE A FENDER LUMBER WALER (TYP.) BEAM (TYP.) r � / WALER NO. (TYP.) 1 / I I ml n n n n n n n r I n n n r / 1% (100-YR) BASE I f----�m______WB FLOOD EL. 11'

I I I : I I I I I I I I I I I II I I I I I I I I I I I I I I f----��------t Wl TOP OF WEB 1 I I � I I I -R------�--�------�------!!1'------.------�--- I I EL. 7.66 1: � /?/ � /.?/ � V II f------.-,---..------W6 I I I I I "'-� /V'1"" "'h'i /,/ I I "'-'� ,, I I ---t ____ -1____ ....__ : '------' . ' f------.-,---..------==""----W5 1 ' ' ' I I ' ' I I I I II f----- ___L.J__u_11 ______-i>- M.H. W. ,I I/ \ ,, -- W4 sz I I -.------.--,,-----,---,------,-,------,-r------r-,------i-----,---,------r,----TT----,I I I I I I I I I I I I I I I l,1,------TTI -----il1I I I II f------.-,---..------t W3 I I I I I I I I I I I ' I I I I I I I I I I I I M.L.W. ' I sz f------w2 I I I I I I I I I I I I I I I I 'J I I I I \ ��I I ----1 I ,I ,, ' f------,-,=,------1 w 1

I I � COMPOSITE I co MPOSITE LUMBER/ I I �COMPOSITE I LUMBER WALER (TYP.) POST (TYP.) LUMBER POST (TYP.) STEEL PIPE I I I� l...,C I PILE (TYP.) ELEVATION - PROPOSED FENDER SYSTEM L L 0 6 12 ----�- I SCALE IN FEET ,, z

VARIES VARIES x COMPOSITE LUMBER POST <.---FACE OF EXIST. CONCRETE PIER x COMPOSITE LUMBER POST n n II i--- FACE OF EXIST. ___;__.;______.------; _J LUMBER WALER (TYP.) _ w' Ln WATERSIDE PROTECTION ' (I)' DRILLED SHAFT AND PIER REHABILITATION PROJECT ea..,.

..c:' �

DRAWING INDEX SHEET NO. DRAWING TITLE A WATERSIDE PROTECTION AND PIER REHABILITATION PROJECT INFORMATION SHEET B DEMOLITION PLAN C MANHATTAN FENDER D MANHATTAN BARRIER ANCHORAGE E BRONX FENDER F BRONX BARRIER ANCHORAGE G GANG PLANK DETAILS H TYPICAL PIER ENCASEMENT ELEVATIONS AND SECTIONS I PIER REPAIR DETAILS

FOR INFORMATIONAL PURPOSES ONLY

M otr -Noe R ahtr rli ao d