Lowell National Historic Park Trolley Track Repair RFP No. 6913G624R200002.pdf

9/5/2024

_____150_______ c

With offer

____90_______C

X 8/15/2024

X

Solicitation Number: 6913G624R200002

SECTION B- SERVICES AND PRICE/COST

B.1 CONTRACT TYPE

The Government contemplates award of a Fixed Price Construction contract in Accordance With (IAW) Federal Acquisition Regulation (FAR) Part 15 and Part

36. This solicitation document and incorporated provisions are those in effect through Federal Acquisition Circular 2024-05, effective 05/22/2024. This acquisition is for rail trolley track system repair and maintenance services that are common in the Commercial Marketplace.

This contract is for the repair and maintenance of the trolley track system at the Lowell National Historic Park in Lowell, Massachusetts, as identified in the CLINs below. The Contractor, not as an agent of the Government, shall furnish all personnel, equipment, supplies, facilities, equipment materials, and management necessary to provide the services required under this contract as described in accordance with Section C.

Pricing Table (To be filled in by offeror) CLIN Services Quantity Unit Firm Fixed Price

Amount 00100 Repair trolley track from Wye to

Suffolk Platform, approximately .25 mile in length in accordance with the Statement of Work in Section C.

1 JB $

00200 Replace existing wooden catenary poles between Wye and Suffolk Platform (13 poles in total) with GFM steel poles in accordance with the Statement of Work in Section C.

1 JB $

00300

(OPTION)

Replace existing wooden poles from Wye to Swamp Locks (36 poles) with new GFM steel poles in accordance with the Statement of Work in Section C.

1 JB $

Total Price of CLINs

SECTION C – STATEMENT OF WORK

1.0 BACKGROUND:

The Park’s 1.5-mile trolley system has been in operation for 30 years in its current form. The trolley system is a small remnant of the historic trolley system from the era of the mills at the National Historic Site. The trolley system is currently in a general state of good repair. However, portions of the trolley system are reaching their end-of-life in which critical component renewals will be needed in addition to enhanced preventative maintenance activities.

Contractor shall provide all labor, material, tools, and equipment to repair 0.25 mile of trolley track from the Suffolk to Wye and replace 49 new steel poles from the Suffolk to Wye and Wye to Swamp Locks.

1.1 EXISTING UTILITIES:

The Contractor shall notify the utility companies of proposed locations and times of excavations and other utility work to ensure smooth coordination of all operations.

1. The Contractor shall be responsible for locating and preventing damage to known utilities. If damage occurs, the Contractor shall repair the utility at no additional cost to the Government.

2. The contractor must call Massachusetts “Dig-Safe” at https://www.mass.gov/guides/about-dig- safe or (811) 72 hours prior to beginning work.

1.2 HEALTH AND SAFETY PLAN and KICK-OFF MEETING:

The Contractor shall develop a Health and Safety Plan (HASP) in accordance with 29 CFR Part 1926 to ensure safety of personnel during construction. The Contractor will provide the HASP to the Government-designated COR for review and approval prior to commencing installation work.

The HASP shall be delivered, and a kick-off meeting held within 10 days of contract award and prior to on-site activity. The HASP is a deliverable under CLIN 00100. Fire protection requirements shall be identified by the Contractor in the HASP prepared for this project.

1.3 WORKMANSHIP:

All work shall be performed in accordance with best practice of 29 CFR 1910 - Occupational Safety and Health Standards and 29 CFR 1926 – Safety and Health Regulations for Construction. All work shall satisfy the standards, regulations, requirements, and recommended practices of the CFR as well as installation specification documents identified herein.

1.4 POLLUTION CONTROL:

The Contractor shall comply with all requirements identified in the approved Health and Safety Plan (HASP), as well as 33 CFR and other applicable local, State, and/or Federal requirements for environmental protection of the atmosphere, land, and waters. Hazardous material disposal shall be in accordance with local, State and Federal regulations.

1.5 ONSITE CONSTRUCTION CREW:

The Contractor shall furnish all labor, equipment, materials, supplies, supervision, and transportation necessary in accordance with thisSOW.

1) The Contractor shall be responsible to arrange and supply all temporary services required for the conduct of this work.

2) The Contractor shall be responsible for the City of Lowell police details for work being completed along Dutton Street and Father Morissette Boulevard.

3) The Contractor is responsible for obtaining all local, State and Federal permits to perform the work required by this Statement of Work.

4) The Contractor shall be responsible for the complete cleanup and removal from the right-of-way of all track materials, debris, containers, etc., that was generated and/or accumulated from the work during performance. Please see Appendices A1 and A2 for further information.

1.6 DESCRIPTION OF TRACK REPAIR WORK:

Contractor shall provide all labor, material, tools, and equipment to repair and maintain 0.25 mile of trolley track at the Lowell National Historical Park. The track work shall include:

• Ballast replacement (existing ballast shall be removed and properly disposed of)

• Cross tie replacement (existing damaged/unusable ties shall be removed and properly disposed of)

• Repair or replace existing electrical rail bonding traps per American Railway Engineering and Maintenance-of -Way Association (AREMA) Manual Chapter 33, Part 8.1.30.

1.6.0 TASKS

1.6.1 CLIN 00100 – Track Repair and Maintenance (from Wye to Suffolk Platform):

1.6.1.1 TASK 1 – Contractor shall replace Cross Ties, Ballast, and Resurface track.

Tie installation (approximately 800 ties (8’-6” Long) and 5 Switch ties (17’ Long) (see material/product information in Section 1.6) shall be at standard 19.5 in. spacing. Ballast replacement shall be to a depth of 3 to 6 inches below tie bottom. If an obstruction is encountered, then the depth can be modified as approved by the Contracting Officer’s Representative (COR).

(NOTE: If modification may result in a change in price, then approval must be made by the Contracting Officer (CO).) The following items identify the areas of work and the non- work areas using Catenary Pole numbers and/ or Street Names:

i. Suffolk platform (this platform is not to be disturbed) to end of usable track to driveway at Jeanne D’Arc Credit Union - tie replacement. Existing ballast shall be cleared to 3” to 6” below existing ties and replaced with new ballast. The area shall then be surfaced and tamped.

ii. The area between the driveway at Jeanne D’Arc Credit Union to US Post Office. –tie replacement. Existing ballast around tie replacements shall be cleared to 3” to 6” below existing ties and replaced with new ballast. Repave credit union driveway with Asphalt. The City of Lowell uses ¾” binder and the HMA surface modified top for its roadway. If any concrete sidewalk is disturbed, it shall be replaced in kind.

Note: Alternate treatment(s) to replace the asphalt material around the trolley track IWO driveways may be proposed and separately priced, but must be approved by the Contracting Officer prior to use.

iii. Tie replacement in the area between the US Post Office Driveway to Arcand Drive. –.

Existing ballast shall be cleared to 3” to 6” below existing ties and replaced with new ballast. The area shall then be surfaced and tamped. Repave U.S. Post Office driveway with Asphalt. The City of Lowell uses ¾” binder and the HMA surface modified top for its roadway. If any concrete sidewalk is disturbed, replace it in kind.

Note: Contractor shall ensure temporary access to the Post Office parking lot is provided during the construction work. An alternate treatment(s) to replace the asphalt material around the trolley track IWO driveways may be proposed and separately priced, but must be approved by the Contracting Officer prior to use.

iv. From Arcand Drive to Wye: (from driveway (end of concrete crossing treatment) to 7 railroad ties beyond switch) tie replacement. Existing ballast shall be cleared to 3” to 6” below existing ties and replaced with new ballast. The area shall then be surfaced and tamped.

Note: The pedestrian platform at the parking garage shall be lifted or removed to perform the track work and be replaced in kind once work has been completed and accepted by Government.

v. Replace switch (Model 51A at the Wye junction and switch ties.

NOTE: The driveway/crossing at Arcand Drive (entrance to Tsongas Arena) is not to be disturbed, and remains as is.

1.6.1.2 TASK 2 - The Contractor shall replace the existing damaged or missing electrical rail bonding straps per American Railway Engineering and Maintenance-of -Way Association (AREMA) Manual Chapter 33, Part 8.1.30. There are approximately 20 short rail bonding straps that are missing at rail joints.

See Appendix B – Track Drawing from 1990s for installation details such as gage and cross section details.

Note: The track material from the switch to Suffolk Platform varies from 100RE to 112RE to

115RE.

1.6.2 Work Procedures for Track Repair:i. Crosstie Installation

The Contractor shall ensure the following:

A. Standard tie spacing of cross ties shall be 19 to 20 inches or as otherwise designated. Joint ties must be carefully located and centered for proper joint support.

B. Ties shall be placed at right angles to the rail. Skewing in excess of 1 inch measured at the gauge line shall not be permitted as per AREMA manual.

C. Place ties with the heartwood down and square to the rail. Do not damage ties with spiking hammers or picks when handling or spacing ties. Use tie tongs, lining bars and other suitable tools or tie spacing equipment.

D. The bottom of rail, tie plates and bearing surface of the tie shall be free of mud, dirt or other foreign matter that would prevent full bearing.

E. Tamping:

1. Tamp ballast with a 16-tool vibrating squeeze-type mechanical tamper with the tamping tools being inserted by separate vertical and horizontal strokes. Make no less than two full tamping insertions per tie to insure uniform ballast compaction under the tie.

2. Tamp every tie for a distance of 15 inches from either side of the centerline of each rail.

Do not tamp ballast at the tie's center but fill this space with ballast to conform to the indicated section.

3. Tampers shall be designed to operate through station platforms and such other close clearance areas and must be capable of automatically lifting and tamping out-of-face.

4. Use a level board throughout to determine that the cross level and super-elevation conform to tolerances. The level board shall be calibrated frequently, twice per day as a minimum as per AREMA manual.

F. Downed Ties: If any ties lose contact with the rail for any reason during the replacement operation, the Contractor shall pull the spikes, clean out any ballast between the rail, tie plate and tie, tamp the tie tight against the rail, plug the old spike holes and re-spike the tie with new spikes.

G. Remove and reinstall all anchors to match existing pattern. Box anchor every other tie, or every tie as directed to match existing. The Contractor shall replace any damaged, broken, or bent anchors shall be replaced with Contractor furnished new anchors.

ii. Spiking

A. Standard tie plates shall be fastened with 2 rail holding spikes. Curved trackage of more than 2 degrees shall have an additional plate holding spike.

B. Track spikes must be started and driven vertically with face of shank in contact with rail and square with rail so that face of spike will have full hold on rail base. Damage to tie timber fiber must be minimized; goosenecks or drawing of rail in spike driving will not be permitted as per AREMA manual. Spikes shall be set down after traffic has settled the tie plate into the tie. Care must be taken not to overdrive, and rail must not be gaged or struck with spike maul or another tool. Power spike drivers are preferred for efficiency.

iii. Line, Surface, Gage, and Regulation of Ballast

The Contractor shall line, gage and surface track and dress ballast to correct any deficiencies in the track and ballast (such as humping) as a result of its work to return track structure to an acceptable condition.

iv. Rail Joints

The contactor shall join the rail in accordance with AREMA Volume 1 Chapter 4 Part 3.

v. Cleanup

The Contractor shall be responsible for the complete cleanup and removal from the right-of-way of all track materials, debris, containers, etc., that was generated and/or accumulated from the work during performance.

1.6.3 Material/Products - Contractor shall provide manufacturer’s cut sheets for the following items:

i. Ballast:

Material: Ballast shall consist of crushed trap rock and shall conform to the latest edition of American Railway Engineer Association Manual for Railway Engineering Volume 1 Chapter 2, Section 2.4.

Gradation: Use AREMA gradation size No. 4 or 4A. Approval of Source: The Contractor shall provide documentation that the proposed source of ballast that meets the AREMA Table 1-2-1.

Sampling and Testing: The Contractor shall store the ballast on-site in a manner that prevents contamination. If ballast becomes contaminated, the contractor shall be responsible to recertify the ballast.

ii. New Timber Cross Ties and Crossing Timbers:

1. General: Contractor’s work shall conform to AREMA Manual, Chapter 30, Part 3, Timber Cross Ties, except as supplemented and modified herein: Acceptable Wood: Locally sourced timber ties that meet the requirements of AREMA Volume 1 Part 30 Chapter 3 Section 3.1. (Table 30-3-1, Common Group - Ta)

2. Size:

a. Dimensions of timbers shall not be averaged.

b. Standard crossties to conform to AREMA Chapter 30 Specifications for timber industrial grade crossties: 6” X 8” X 8'-6".

c. The Switch crossties shall conform to AREMA Chapter 30 Specifications for timber industrial grade crossties: 6” X 8” X 17’ long (max.).

d. Length of the installed crossing timbers shall match existing cross timber, which may require the Contractor to saw the tops, bottoms, and sides.

3. Anti-Splitting Devices:

a. General: Install end plate anti-splitting devices in both ends of all ties and timbers prior to treatment.

b. Steel End Plate: Eighteen-gauge galvanized sheet steel, sized to cover a minimum of 75% of the end of the tie and centered on the end of the tie.

c. For end plate application, clamping machines shall have a clamping capability of 250 pounds per square inch. Ties shall be clamped, and end plated in one continuous operation.

4. Seasoning: Conform to AREMA Manual, Chapter 30 "Wood Preserving", except as modified as follows:

a. Treatment: Preservative: shall be in accordance with AREMA Manual, Chapter 30, “Specifications for Treatment.” Contractor shall provide the new timber tie documentation and the source from which the ties are coming from, including the treatment, and seasoning of the ties to verify they meet AREMA Chapter 30.

iii. Other Track Materials (OTM)

A. General: All OTM shall match existing rail size or 115# rail if it is being replaced.

Replacement rail shall be new and manufactured for use with a 6-inch rail base unless using the existing material.

B. Tie Plates: Reuse existing tie plates. The Contractor shall replace corroded, bent, or damaged tie plates with new or relay 7-3/4" by 14" double shouldered tie plates.

C. Rail Anchors: Rail anchors shall be replaced if damaged or broken and shall be installed to AREMA standards. Existing anchors in usable condition may be reinstalled, EXCEPT all fair type drive on anchors shall be replaced with new anchors. New replacement anchors shall be "Trueloc" as manufactured by True Temper, or "Unit Spring Anchor" as manufactured by Unit Rail Anchor or approved equal suited to the rail section at the required location is acceptable. Unit drive-on style anchors will be permitted.

D. Drive Spikes: ¾” x 12” with 6” threaded length as manufactured by Lewis Bolt and Nut Company or approved equal conforming to ASTM Specification A66.

E. Rail: Shall be new or relay quality conforming to the requirements of AREMA Chapter 4.

Work Plan:

The Contractor shall submit prepared work plan to the COR detailing general construction practices to meet the track work requirements. The work plan shall include descriptions, cut sheets, and sketches of the following:

• Construction sequences and schedules

• Material handling procedures

• Handling and placing ties

• Handling and placement of ballast

• Manufacturer's data, catalog cuts, and specifications for each product

• Source of ballast

• Source of ties

1.7 DESCRIPTION OF CATENARY POLE REPLACEMENT WORK:

CLIN 00200 – Catenary Pole Replacement from Wye to Suffolk:

Task 3: New Steel Pole Installation (Wye to Suffolk):

The Contractor shall replace 13 existing wooden poles with new steel poles (Government Furnished). See Appendix C for listing of poles to be replaced. Reuse of existing cross-arms (where applicable), and usable pole hardware. (Contractor shall provide estimate cost as part of their offer as a contingent for parts that may be unusable.) Install new electrical grounding & hardware for each pole, install new surge arrestor grounding (if needed), new pole number signs, and new warning/high-voltage-danger signs attached to the new steel poles as follows:

Note: Care shall be taken to remove and reattached the communication cable attached to each catenary pole.

a. Remove/Core-out the existing wooden poles that will be replaced (same location) and temporarily support the catenary wire. Install new embedded steel poles in accordance with Appendices Dand E.

Remove the hardware from the existing wooden poles and transfer to the newly installed steel poles and reattach the catenary wire. See Appendix C for new hardware to attach existing catenary wire components.

b. Install new grounding straps as required.

c. Retain existing hardware for reinstallation on new steel poles. See Appendix D for new hardware to attach existing catenary wire components.

d. All hardware supporting the catenary wire shall be retained for reinstallation or replaced if the hardware/components are damaged/unusable.

e. Reinstall the catenary wire with necessary hardware and re-profile as needed.

f. Remove and properly dispose the wooden poles and back-guys (if applicable).

g. Perform electrical testing necessary to ensure grounding of the system is correct and catenary wire is properly secured. Testing shall include operation of the trolley to ensure proper placement and contact of catenary wire.

CLIN 00300 (Option 0001) Catenary Pole Replacement from Wye to Swamp Locks:

Task 4: New Steel Pole Installation (Wye to Swamp Locks) The Contractor shall replace 36 wooden poles with new steel poles (Government Furnished). See Appendix C for listing of poles to be replaced. Reuse of existing cross-arms (where applicable), and usable pole hardware. (Contractor shall provide estimate cost as a contingent for parts that may be unusable.) Install new electrical grounding & hardware for each pole, install new surge arrestor grounding (if needed), new pole number signs, and new warning/high-voltage-danger signs attached to the new steel poles as follows:

Note: Care shall be taken to remove and reattached the communication cable attached to each catenary pole from Wye to Market Street.

a. The Contractor shall install 2 new steel poles at the end Swamp Lock spur. (Poles N001A and N001B). The contractor shall replace 36 damaged/deficient wooden catenary poles along the trolley tracks from Swamp Locks to Wye, as identified in Appendix D.

i. Remove/Core-out the existing wooden poles that will be replaced (same location) and temporarily support the catenary wire. (Note: Wooden Pole 11 will be removed and not replaced.) See Appendix F for Geo-Probe Data. Install new embedded steel poles in accordance with Appendices D and E. Remove the hardware from the existing wooden poles and transfer to the newly installed steel poles and reattach the catenary wire. See Appendix D for new hardware to attach existing catenary wire components.

ii. Install new embedded steel poles in areas where the existing poles will be relocated. (Poles 003, and 005-010). Identified on the drawing in Appendix D. Once these new poles are installed, temporarily support the catenary, and remove the hardware from the existing wooden poles and transfer to the newly installed steel poles. Once the cross-arm supports have been removed, remove the unused wooden pole by cutting it 2” below the existing ground level. (Pole 3 will receive two new catenary arms to support catenary wire for the main trolley line and the spur, see Appendix D). See Appendix D for new hardware to attach existing catenary wire components.

b. Install new grounding straps as required.

c. Retain existing hardware for reinstallation on new steel poles. See Appendix B for new hardware to attach existing catenary wire components.

d. All hardware supporting the catenary wire shall be retained for reinstallation or replaced if the hardware/components are damaged/unusable.

e. Reinstall the catenary wire with necessary hardware and re-profile as needed.

f. Remove and properly dispose the wooden poles and back-guys (if applicable).

g. Perform electrical testing necessary to ensure grounding of the system is correct and catenary wire is properly secured. Testing shall include operation of the trolley to ensure proper placement and contact of catenary wire.

Note: Contractor shall replace, in kind, any catenary hardware that has been damaged, is unusable or unsuitable for the new installation. See Task 3.

B. A detailed list (with pictures) of pole replacements including relocations and additions is provided in Appendices C, D and G.

Task 5: Catenary Work:

A. Install new catenary wire and hardware at the Swamp Lock Spur from Pole 4 to newly installed Poles (Poles N1A&B) at the bump stop. The height of the catenary is 18’-6” above the track and shall be centered on the track structure below. Once the new catenary line is installed, it shall be profiled. Once complete, the new catenary line shall be tested using the Park’s trolley.

B. The contractor shall be responsible for installing all parts to connect the new catenary with the existing catenary cable and verify proper operation.

Work Plan:

The Contractor shall submit prepared work plans to the Contracting Officer Representative 25 days after contract award detailing general construction procedures to meet the pole replacement work requirements. The work plan shall include descriptions and sketches of the following:

• Construction sequences and schedules.

• Material handling procedures.

• Manufacturer's data, catalog cuts, and specifications for each product.

1.8 STANDARDS:

All work shall conform to the American Railway Engineering and Maintenance Association (AREMA) Manual for Railway Engineering and AREMA Portfolio of Track work Plans (2019 edition); and all other applicable standards. The Contractor’s proposal shall provide a list of commercial specifications that Contractor will follow while performing this work.

1.9 QUALIFICATIONS:

The Contractor shall have a minimum of five (5) years’ experience working on railroads or transit systems.

1.10 PRODUCT DELIVERY, HANDLING AND STORAGE (If Applicable):

A. Contractor shall load, transport, unload, and store all materials in such a manner that the material is kept clean and free from injury. Store materials above ground on platform, skids, or other supports, and cover and protect them from corrosion or deterioration.

B. Any materials damaged during shipping, handling and storage will be rejected by the Contracting Officer and replaced by the Contractor at no cost to the Government.

1.11 SCHEDULE (Where Applicable)

A. All work shall be scheduled through the Contracting Officer’s Representative (COR).

B. This Contractor recognizes that other contractors may be working on the right-of-way and working schedules may have to be adjusted accordingly.

C. The Contractor shall be responsible for making all arrangements for access to the work site and storage of materials and track equipment.

1.12 SAFETY OF OPERATIONS:

Responsibility: The work covered by this Contract will involve the safety of persons, equipment, and property on a National Park adjacent to public roads and walkways. Therefore, unusual extraordinary skill and experience will be required of the Contractor to perform the work safely.

The Contractor shall be responsible for the safety of its construction operations. Contractor shall therefore be expected to post adequate watchmen or protective devices to protect Contractor’s crews, equipment, and the work site.

1.13 GOVERNMENT FURNISHED INFORMATION AND MATERIALS:

GFM - Steel Poles: 49 new steel poles shall be provided by the Government.

GFI: 1. Appendix A – NEPA Documentation

2. Appendix B – Drawing for existing trolley track system.

3. Appendix C – Catenary Pole Schedule

4. Appendix D – Installation Drawing

5. Appendix E – Installation Specification

6. Appendix F – Geo-Probe Data

7. Appendix G – Pole Pictures

1.14 OTHER MATERIALS:

Any other required replacement items or new mast arms must be selected to perform properly and match the style of adjacent components. All items shall be submitted to the Government for approval.

1.15 CLEANUP:

The Contractor shall be responsible for the complete cleanup and removal from the right-of-way of all track materials, debris, containers, etc., that was generated and/or accumulated from the work.

1.16 WARRANTY:

A. Materials and workmanship shall be guaranteed to be free of defects for a period of one (1) year from date of final acceptance. Any part of the scope of work considered defective by the CO/COR within the guarantee period shall be replaced or corrected to without further expense to the Government.

1.17 PLACE OF PERFORMANCE

All work will be performed at the Lowell National Historical Park in Lowell, MA.

1.18 DELIVERABLES AND SCHEDULE

TASKS DELIVERABLES PERIOD OF

PERFORMANCE

CLIN 00100 Track Repair – Suffolk to Wye

Develop Health and Safety Plan

HASP and Kick-off meeting

10 days prior to commencing onsite work.

Task 1 Repair Track from Suffolk Platform to first switch

150 days after contact award stand at the Wye. Replace said switch stand.

Task 2 Replace missing and damaged electrical rail bonds

150 days after contact award

CLIN 00200 Pole Replacement – Suffolk to Wye

150 days after contact award

Task 3 Replace 13 Wooden Catenary Poles with new GFM Steel Poles

150 days after contact award

CLIN 00300

Optional Line Item 0001

Pole Replacement Swamp Locks to Wye

120 days after contact award

Task 4 Install 36 poles, associated materials, new catenary wire, and operational test of catenary system

120 days after contact award

Task 5 Install new catenary cable at Swamp Locks Spur;

and Test using Trolley

120 days after

Documentation Detailed list of installations, locations, etc.

150 days after

1.21 SUSTAINABLE ACQUISITION REQUIREMENT

To the maximum extent possible and consistent with the Federal Acquisition Regulations Part 23, the Government requires during the performance of the work under this Statement of Work (SOW) the Contractor to provide or use products that are: energy efficient (ENERGY STAR® or Federal Energy Management Program (FEMA)-designated); water-efficient; biobased; environmentally preferable (e.g., EPEAT-registered, or non-toxic or less toxic alternatives); made with recovered materials; or non-ozone depleting that minimize or eliminate, when feasible, the use, release, or emission of high global warming potential hydrofluorocarbons, such as by using reclaimed instead of virgin hydrofluorocarbons. Unless otherwise identified in this SOW, each recovered materials or biobased product provided and delivered must meet, but may exceed, the minimum recovered materials or biobased content of an EPA- or USDA-designated product. The sustainable acquisition requirements specified herein apply only to products that are required to be: (1) delivered to the Government during contract performance; (2) acquired by the contractor for use in performing services (including construction) at a Federally-controlled facility; (3) furnished by the contractor for use by the Government; or (4) specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

SECTION D - PACKAGING AND MARKING

D.1 PRESERVATION AND PACKAGING (JULY 2015)

The Contractor shall ensure that all items are preserved, packaged, packed, and marked in accordance with best commercial practices to meet packing requirements of the carrier and ensure safe delivery at destination.

D.2 MARKING (JULY 2015)

All items submitted to the Government shall be clearly marked as follows:

a. Name of contractor;

b. Contract number;

c. Description of items contained therein and associated CLIN;

d. Consignee's name and address; and

e. If applicable, packages containing software or other magnetic media shall be marked on external containers with a notice reading substantially as follows: "CAUTION:

SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE TO HEAT OR

MAGNETIC FIELDS."

D.3 DELIVERY, HANDLING AND STORAGE

• Load, transport, unload, and store all materials in such a manner that the material is kept clean and free from injury. Store materials above ground on platform, skids, or other supports, and cover and protect them from corrosion or deterioration.

• Ties shall be bundled and shipped in groups according to type, size and length.

• Handle prepared ballast at the producing plant and at the site in such manner that material is clean and free from segregation.

• Any materials damaged during shipping, handling and storage will be rejected by the Contracting Officer and replaced by the Contractor at no cost to the Government.

SECTION E - INSPECTION AND ACCEPTANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses, by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far/index.html Transportation Acquisition Regulation (TAR): thttp://www.dot.gov/administrations/assistant-secretary-administration/transportation-acquisition- regulation-tar Transportation Acquisition Manual (TAM):

https://one.dot.gov/ost/m1/m60/Shared%20Documents/Transportation%20Acquisition%20Manu al/ tam.htm

E.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSES NUMBER

TITLE DATE

52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (Aug 1996) 52.246-12 INSPECTION OF CONSTRUCTION (Aug 1996)

52.246-13 INSPECTION – DISMANTLING, DEMOLITION, OR

REMOVAL OF IMPROVEMENTS (Aug 1996)

E.2 GOVERNMENT INSPECTION AND ACCEPTANCE (JULY 2015)

In accordance with the above Federal Acquisition Regulation clauses the Government will inspect and issue final acceptance of each CLIN outlined in the SOW when tendered by the Contractor in accordance with Section F herein.

The Government has the right to inspect all supplies and services required by the Contract, to the maximum extent practicable, at any and all places and times and in any event before acceptance.

The COR will inspect the track after operating the trolley service, and Contractor shall correct any deficiencies including line and surface that are identified.

Materials and workmanship shall be guaranteed to be free of defects for a period of one (1) year from date of final acceptance. Any part of the work considered defective by the COR within the guarantee period shall be replaced or corrected to the Government’s satisfaction without further expense to the Government.

GOVERNMENT REVIEW AND ACCEPTANCE

POINT(S) OF DELIVERY AND INSPECTION/ACCEPTANCE

The points of delivery set forth in this contract are hereby designated as the places for final inspection and acceptance.

52.246-4 Inspection of Services—Fixed-Price. Inspection of Services—Fixed-Price (Aug 1996)

a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

https://www.acquisition./ http://www.acquisition.gov/far/index.html http://www.dot.gov/administrations/assistant-secretary-administration/transportation-acquisition-

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.242-15

STOP-WORK ORDER

AUG 1989

F.2 SCHEDULE (JUNE 2024)

All work shall be scheduled through the Contracting Officer and/or Contracting Officer Representative (COR).

F.3 CONTRACT PERIOD OF PERFORMANCE JULY 2024

The period of performance of this contract shall be 150 days after contract award.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 days after contract award. The time stated for completion shall include final cleanup of the premises.

F.4 PLACE OF DELIVERY/PERFORMANCE (JUNE 2024)

The place of delivery/performance called for under this contract shall be:

Lowell National Historical Park 226 Dutton Street, Lowell, MA 01852

F.5 REPORTS (JULY 2015)

The Contractor is required to provide monthly construction progress reports. These reports shall include physical progress and updated work schedule as required. The Contractor shall prepare and submit reports for progress meetings to the COR/CO a minimum of five (5) days before each meeting. These progress meetings will be held subject to Government discretion.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 TAR 1252.242-73 CONTRACTING OFFICERS TECHNICAL

REPRESENTATIVE (OCT 1994)

A. The CO may designate Government personnel to act as the CO's Technical Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies and services, including construction and other functions of a technical nature. The CO will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

B. The CO cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the CO.

NOTE: Please note that the United States Department of Transportation has not updated Transportation Acquisition Regulation (TAR) Clause 1252.242.73. This clause uses the term CO Technical Representative. The terminology has changed and this position shall henceforth be referenced as CO’s Representative.

(End of Clause)

G.2 RESPONSIBILITY FOR CONTRACT ADMINISTRATION (JULY 2015)

CO: The CO has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules.

However, the CO may delegate certain other responsibilities to authorized representatives.

COR: A COR will be designated by the CO. The responsibilities of the COR include, but are not limited to, inspecting and monitoring the Contractor's work, determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract, acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned, and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms.

G.3 TECHNICAL DIRECTION (JULY 2015)

Performance of work shall be under the technical direction of the COR. As used herein, “technical direction” is limited to direction to the Contractor that fill in details or otherwise complete the specific description of work set forth in the contract. This direction may not include new assignments of work, or may not be of such a nature as to cause an increase or decrease in the estimated cost of the contract, or otherwise affect any other provision of this contract. The Contractor may not begin work without obligated funding and authorization from the Contracting Officer.

G.4 INVOICE REVIEW (JULY 2015)

The Government may at its sole discretion utilize a Contractor to review invoices and supporting data submitted for payment under the provisions of this contract. The Contractor reviewing invoices and supporting data will perform this function in accordance with contract provisions which prohibit disclosure of proprietary financial data or use of such data for any purpose other than to perform accounts payable services.

TAR 1252.232-70 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2022)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Processing system. The Department of Transportation utilizes the DELPHI system for processing invoices. The DELPHI module for submitting invoices is called iSupplier. Access to DELPHI is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. Vendors submitting invoices are required to submit invoices via iSupplier (DELPHI) and authenticated via www.login.gov.

(d) Invoice requirements. To receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in iSupplier (DELPHI) shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

(9) Travel. If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. All persons accessing the iSupplier (DELPHI) will be required to have their own unique user ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions.

(2) To create a www.login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then www.login.gov will reply with an email confirming the email address.

(3) iSupplier (DELPHI) registration instructions: New users should navigate to: http://einvoice.esc.gov to establish an account. Users are required to log in to iSupplier (DELPHI) every 45 days to keep it active.

(4) Training on DELPHI. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible to contact their assigned COR when their firm's points of contacts will no longer be submitting invoices, so they can be removed from the system.

(f) Waivers. For contractors/vendors who are unable to utilize DOT's DELPHI system, waivers may be considered by DOT on a case-by-case basis. Vendors should contact their Contracting Officer's Representative (COR) for procedures.

(g) Exceptions and alternate payment procedures. If, based on one of the circumstances set forth in 1232.7002(a) or (b), and the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. If DELPHI is succeeded by later technology, the Contracting Officer will supply the Contractor with the latest applicable electronic invoicing instructions.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SAFETY OF OPERATIONS (JUL 2024)

The work covered by this contract will involve the safety of persons, equipment and property on a National Park. Therefore, unusual extraordinary skill and experience is required of the Contractor to perform the work safely. The Contractor shall be responsible for the safety of its construction operations. The Contractor shall post adequate watchmen or protective devices to protect its crews, equipment and the work site.

H.2 NON-PERSONAL SERVICES (DEC 1998)

No personal services as defined in Part 37 of the FAR shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments and daily work direction shall be given by the Contractor’s supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action.

The Contractor shall not perform any inherently governmental functions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

H.3 PERFORMANCE OF WORK AND SAFETY PROVISIONS ON GOVERNMENT

PREMISES (DEC 2013)

Any work under this contract which is performed by the Contractor, or any of its subcontractors, on premises that are under direct control of the Government, is subject to the following provisions:

(1) Performance of work on Government premises shall be confined to the area(s) specified by the CO or designee. In performance of this work, the Contractor shall: (a) conform to all safety rules and requirements as in effect during the term of the contract; and (b) take such additional precautions as the CO may reasonably require for safety and accident prevention purposes.

(2) The Contractor shall designate to the CO or designee, in writing, an on-the-premises representative to serve as point of contact.

(3) Any violation of applicable safety rules and requirements shall be promptly corrected as directed by the CO.

(4) The Contractor will develop a Health and Safety Plan (HASP) per 29 CFR 1926. All on-site personnel will need to follow this HASP, visitors, sub & prime contractor employees and Government personnel.

H.4 HOURS OF WORK (MAY 2018)

The working hours for execution of the contract are Monday through Friday, excluding federal holidays. The Contractor will not be permitted to work on any other days unless otherwise authorized by the CO.

Unless otherwise noted in the contract, work may be performed by the Contractor at the contract site only during the hours of normal operation, which are 8:00 AM – 6:00 PM.

H.5 CONTRACTOR RESPONSIBILITY (DEC 1998)

The Contractor shall without additional expense to the Government, be responsible for all damage to persons or property that occur as a result of its fault or negligence in connection with the prosecution of the work, and shall be responsible for the proper care and protection of work performed.

H.6 SAFETY AND ACCIDENT PREVENTION (APR 2006)

In performing any work under this contract on premises which are under the direct control of the Government, the Contractor shall (a) conform to all safety rules and requirements as in effect during the term of the contract; and (b) take such additional precautions as the CO may reasonably require for safety and accident prevention proposes. The Contractor agrees to take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of the contract on such premises. Any violation of such rules and requirements, unless promptly corrected as directed by the CO, may be grounds for termination of this contract.

H.7 SECTION 508 ACCESS BOARD STANDARDS (SEP 2005)

All electronic and information technology deliverables rendered under this contract must comply with Section 508 of the Rehabilitation Act and the Access Board Standards available for viewing at http://www.section508.gov. Unless otherwise indicated, the Contractor represents by signature on this contract that all deliverables will comply with the Access Board Standards.

H.8 BONDING REQUIREMENTS (JULY 2000)

The Contractor shall provide Performance and Payment Bonds in accordance with FAR 52.228-15.

H.9 VISITOR IDENTIFICATION REQUIREMENTS FOR FEDERAL FACILITIES

(JULY 2015)

In accordance with the Department of Homeland Security (DHS) phased enforcement plan for the REAL ID Act. Refer to: https://www.dhs.gov/real-id-public-faqs

Visitors seeking access to military bases and almost all Federal facilities using their state-issued driver’s licenses or identification cards must present proper identification issued by REAL ID compliant states or a state that has received a DHS extension. Any visitor from a noncompliant State or other jurisdiction will need to provide an acceptable alternate form of identification with http://www.section508.gov/ http://www.dhs.gov/real-id-public-faqs photo (e.g., U.S. Passport) to enter the Federal facility.

When planning a visit to a Federal facility or military base, visitors should contact the facility to determine what identification will be accepted as well as check DHS’s REAL ID website for the most up-to-date information on individual state compliance as status can…