SF 1442 Track Solicitation.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

See Schedule

VOLPE NAT'L TRANSPORTATION SYS CNTR

55 Broadway

Cambridge MA 02142-1001

6913G6

DAVID BERGER 617-494-3470

1x 06/01/2020

6913G620R200006

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

This Request for Proposal (RFP) is for trolley track repair and maintenance services in Section C of this document. The offeror shall provide a proposal in accordance with this solicitation. The resulting contract will be an Fixed Price contract.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 102 calendar days and complete it within ________________ ________________ calendar days after receiving

06/19/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

VOLPE NAT'L TRANSPORTATION SYS CNTR

55 Broadway

Cambridge MA 02142-1001

6913G6

DAVID BERGER

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6913G620R200006

This Request for Proposal (RFP) is for trolley track repair and maintenance services in Section

C of this document. The offeror shall provide a proposal in accordance with this solicitation.

The resulting contract will be an Firm Fixed

Price contract.

Delivery Location Code: VOLPE

USDOT/Volpe Center

55 Broadway

Cambridge MA 02142-1001 US

Period of Performance: 06/29/2020 to 09/30/2020

00100 Replace Cross Ties and Resurface Track

Requisition No: V3352084

00200 Replace existing Electrical Rail Bonding Straps

(Option)

(Option Line Item)

06/28/2020

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Number: 6913G620R200006

SECTION B- SERVICES AND PRICE/COST

B.1 CONTRACT TYPE

The Government contemplates award of a Firm Fixed Price Construction contract in Accordance With (IAW) Federal Acquisition Regulation (FAR) Part 15 and Part 36. This acquisition is for rail trolley track system repair and maintenance services that are common in the Commercial Marketplace.

B.2 CONTRACT LINE ITEMS (AUG 2015)

CLIN Services/Materials Quantity Un it Firm Fixe d Price

Amount

00100 Track Repair and Maintenance – in accordance with Statement of Work in Section C.

1 E/A $

Task 01 Ties Unit price per unit:

400 E/A $

Task 01 Switch Ties price per unit:

125 E/A $

Multiple Tasks Ballast

Yard $

Multiple Tasks Cross Timbers price per unit:

E/A $

Multiple Tasks Rail prices per foot:

Per Foot

Task 02 Bonding Straps price per unit:

40 E/A $

00200 (Option)

Option to install new drainage trough between pole #6 and pole #10 alongside of Dutton Street

1 E/A $

Total $

Offerors shall fill out the above sheet pricing sheet. The quotes on the following particular items, Ballast, Cross Timbers and Rail depends on how the Offers bid the contract and how much of these items are needed.

B.3 MAGNITUDE OF CONSTRUCTION

In accordance with FAR 36.204 disclosure of the magnitude of construction projects is required. This construction contract may fall between $500,000.00 and $1,000,000.00.

SECTION C- DESCRIPTION/STATEMENT OF WORK

C.1 DESCRIPTION

This Contract is for the repair and maintenance of the trolley track system at the Lowell National Historical Park in Lowell, Massachusetts. 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 under this Contract. The Contractor shall provide all services, supervision (planning, coordination and meetings), labor, materials, tools, and equipment (except when specified as Government furnished), permits, testing, reports and specified deliverables as required to provide maintenance and repair of 0.5 miles of trolley track at the Lowell National Historical Park in Lowell, MA as specified herein the Statement of Work.

Work shall be completed as specified herein, in accordance with the contract terms and conditions, attachments and Section C.

C.2 STATEMENT OF WORK (SOW)

BACKGROUND

The Lowell National Historical Park’s trolley system has been in operation for more than 36 years. The trolley system is currently in a general state of good repair. However, the trolley system is reaching its end-of-life at which critical component renewals are needed in addition to enhanced preventative maintenance activities.

This work requires replacement of timber ties and surrounding ballast for a 0.5 mile of track from Swamp Locks to Wye (mostly along Dutton Street and behind Lowell High School). Included in this work is drainage improvement in areas where discrete storm water pools. This project will also remove an unused and unnecessary rail spur at the Moody Street Feeder House turn-out. This removal of the Moody Street turn out includes removing the track, a manual switch, and a rail stop. All of these items shall be removed, salvaged and/or delivered to the government for possible re- use. Due to this removed turn-out, contractor shall install rail track to rejoin the existing track and new electrical rail bonding straps to close the line where the Moody Street Feeder Spur is removed.

SCOPE OF WORK

Contractor shall provide all labor, material, tools and equipment to repair and maintain 0.5 mile of trolley track at the Lowell National Historical Park. The track work shall include:

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

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

Drainage improvements.

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.

Rail track modifications and removals

Remove the track, and switch from the Moody Street Feeder Gatehouse Spur up to the Rail Stop.

Remove the rail bumping post and retain for reuse at Dutton Street. The Moody Street Spur area shall be restored to similar surrounding conditions (paved with asphalt).

Reinstall the removed Rail Bumping Post to the end of usable track at the Dutton Street Spur

TASKS

CLIN 00100 – Track Repair and Maintenance: (3 tasks)

TASK 1/– Contractor shall replace Cross Ties and Resurface track.

a. Tie installation (approximately 400 ties (8’-6” Long) and 125 Switch ties (17’ Long) see material/product information below) 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 consented to and 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. Swamp Locks Spur (Dutton Street Spur) (End of usable track to switch) - Spot tie replacement of approximately 55 Ties. 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. Swamp Lock Rail Stop to Switch – Spot ties replacement of approximately 22 ties. Existing ballast around tie replacements shall be cleared to 3” to 6” below existing ties and replaced with new ballast. The area shall then be surfaced and tamped. No work shall be performed in way of the existing platform.

iii. Swamp Lock Spur Switch. Completely disassemble to provide access to replace all switch ties

(approximately 60). Clear ballast to at least 6” below existing ties. Reassemble switch, install new switch ties, re-ballast, surface, and tamp. Replace the missing manual switch stand mechanism (Model

51A) with a new switch stand.

iv. Swamp Lock Switch to Broadway Street: No work needed for area in way of the utility bridge between existing Poles 6 and 7. From switch to Bridge – replace approximately 7 ties, from bridge to newly installed Broadway Street Crossing – replace approximately 46 ties. 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.

v. No work needed at the Broadway Street crossing.

vi. Broadway Street (Approximately Pole 12) to Market Street – Replace approximately 91 ties.

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.

vii. No work needed at the Market Street crossing.

viii. From Market Street to Visitor Center Platform: (From street to switch) Replace approximately

20 ties. In way of switch – replace approximately 32 switch ties. After switch and before the platform (on main line and spur) – replace approximately 14 ties. 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.

ix. No work needed in way of the Visitor Center - Rail Stop Platform.

x. From the Visitor Center platform to Merrimack Street – replace approximately 18 ties. 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.

xi. No work needed at the Merrimack Street crossing to the Moody Street Feeder House Platform.

xii. From the Moody Street Feeder House to end of Spur (Rail Bump Stop) - Disassemble switch and rail - turn over to National Park Service. Remove and retain for reuse the Rail Bump Stop. The area in way of the removed rail shall be repaved per City of Lowell specifications. Install new

115RE Rail in way of the removed switch using bolted rail joints. Install approximately 50 ties in zone of removed switch. Remove and reinstall new ballast from 3” to 6” below existing ties, surface area and tamp.

xiii. From Moody Street Switch to WYE Switch (behind Lowell High School) – replace approximately 30 ties. Existing ballast shall be cleared to 3” to 6” below existing ties and replaced with new ballast. In zone with good ties, clear ballast from canal side-end of ties to 3 in. below tie bottom and replace with new ballast. The entire area shall then be surfaced and tamped.

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. Approximately 40 short and 3 long rail bonding straps that are missing at rail joints.

This includes the areas in Task 1 where the spur switches are to be disassembled and removed or reinstalled.

TASK 3 – The Contractor shall relocate the removed rail bumping post from Moody Street Spur and reinstall it at the end of usable track at the Dutton Street Spur.

CLIN 00200/Task 4 (Option) – If option is exercised, the Contractor shall prepare and install a new drainage trough between Pole #6 and Pole #10 of the existing track and Dutton Street retaining wall. The trough shall be pitched to allow water to drain toward Dutton Street. The trough area shall be restored to match surrounding conditions.

Work Procedures (CLIN 00100)

1.0 Crosstie Installation

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. Any damaged, broken or bent anchors shall be replaced with Contractor furnished new anchors

2.0 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 other tool. Power spike drivers are preferred for efficiency.

3.0 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.

4.0 Rail Joints

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

A. The contractor will document the base condition of the track area and Merrimack Canal walls through annotated photographs or video prior to the start of construction activities. The contractor will notify Volpe COR on vibration mitigation and monitoring and will install crack monitoring gauges at periodic locations over joints and existing cracks along the Merrimack Canal Walls to detect movement.

The contractor will report any movement detected by crack gauges to the Volpe COR immediately.

Survey and monitoring records will be made available to the COR upon request.

B. The contractor will notify the Volpe COR immediately of any activities that have caused or are likely to cause damage to historic properties (Merrimack Canal Walls) contributing to the Locks and

Canals National Historic Landmark District or Park and Preservation District National Register

District. This notification shall be made in writing by email so that the Volpe Center CO or COR can provide further direction to the contractor.

5.0 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 has accumulated from the work during performance.

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

1.0 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.

2.0 New Timber Cross Ties and Crossing Timbers

1. General: 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 to 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.

Sawed tops, bottoms, and sides. Make top and bottom sides parallel and cut ends square.

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:

5. 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.

3.0 Other Track Materials (OTM)

A. General: All OTM to 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 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

Existing Utilities:

The Contractor shall notify the utility companies of proposed locations and times of excavations.

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

The contractor must contact Massachusetts “Dig-Safe” at https://www.mass.gov/guides/about-dig- safe or

(811) 72 hours prior to beginning work in any area during performance of this work.

Health and Safety Plan:

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 a copy of the HASP to the Government within 7 days of award for review and approval prior to performance of any work. The Government will review and approve within 3 days of receipt.

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, and shall satisfy the standards, regulations, requirements, and recommended practices of the CFR and installation specification documents identified herein. Completion of work must satisfy AREMA Part 5 – Article (Completion of

Work).

Pollution Control:

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

Fire Protection:

Fire protection requirements shall be identified by the Contractor in the HASP prepared for this project.

Hazardous material:

Disposal of hazardous material shall be in accordance with local, State and Federal regulations.

Onsite Construction Crew:

The contractor shall arrange and supply all services for this project including but not limited to electricity, fuel, compressed air and safety/sanitary related products required to perform the work.

The contractor shall coordinate with the City of Lowell for police details for work being completed along Dutton Street.

The contractor shall obtain all local, State and Federal permits to perform the work required by the

SOW.

Quality Control:

The contractor shall document the existing profile, alignment and gauge geometry of the trolley tracks.

Deviations from the existing geometry shall be allowed only in keeping with existing conditions as needed.

Once the work is completed, the contractor shall provide an independent track inspection from a qualified and experience inspector noting the track geometry conditions and any potential safety issues or additional work. This inspection shall comply with FRA CFR 213.233

Standards:

All work shall conform to the American Railway Engineering and Maintenance Association (AREMA) https://www.mass.gov/guides/about-dig-safe https://www.mass.gov/guides/about-dig-safe

Manual for Railway Engineering and AREMA Portfolio of Track work Plans (2019 edition); and all other applicable standards.

Government Furnished Information:

NEPA Documentation is provided from the National Parks Service in Attachment J-1.

Pre-Construction Site Visit:

Prior to the start of the proposed work, a walk-through of the site by the Contractor, the Volpe Center COR and a National Park Service representative, jointly, is required.

Sustainable Acquisition Requirement:

To the maximum extent possible and consistent with the Federal Acquisition Regulations (FAR)Part 23, the Government requires the Contractor to provide or use products that are: energy efficient (ENERGY STAR® or Federal Energy Management Program (FEMA)-designated); water-efficient; bio-based; environmentally preferable (e.g., EPEAT registered, or non-toxic or less toxic alternatives); non-ozone depleting; or made with recovered materials. Unless otherwise identified in the SOW, each recovered material or bio-based product provided and delivered must meet, but may exceed, the minimum recovered materials or bio-based 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;

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

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.

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

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 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 AUG 1996

REMOVAL OF IMPROVEMENTS

E.2 GOVERNMENT INSPECTION AND ACCEPTANCE (APRIL 2020)

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

The Government has the right to inspect and test 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 twenty (20) operating days of service, and Contractor shall correct any deficiencies including line and surface that are identified.

SECTION F – DELIVERIES OR PERFORMANCE

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

ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-10

52.242-15

COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK

(a) Ten (10)

(b) One hundred and two(102) STOP-WORK ORDER

APR 1984

AUG 1989

F.1 SCHEDULE (APRIL 2020)

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

The Contractor recognizes that other Contractors may be working on the right-of-way and work schedules may have to be coordinated and adjusted accordingly.

F.2 CONTRACT PERIOD OF PERFORMANCE (APRIL 2020)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use within 102 calendar days. The time stated for completion shall include final cleanup of the premises.

F.3 PLACE OF DELIVERY/PERFORMANCE (APRIL 2020)

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

Lowell National Historical Park

226 Dutton Street Lowell, MA 01852

F.4 REPORTS (JULY 2015)

The Contractor is required to provide monthly construction progress reports by the 15th of each month during performance, these reports shall include physical progress and updated work schedule as required.

The Contractor shall prepare and submit updated progress reports (if necessary) for progress meetings to the COR/CO a minimum of five (2) 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 REPRESENTATIVE (OCT 1994)

Please see Section I.5 for full description of the COR and COR responsibilities.

G.2 RESPONSIBILITY FOR CONTRACT ADMINISTRATION (JULY2015)

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. The Contracting Officer will be:

David Berger

U.S DOT/Volpe Center 55 Broadway Cambridge, MA 02142 617-494-3470 David.Berger@dot.gov

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 mailto:David.Berger@dot.gov increase or decrease in the price of this contract or otherwise affect any other contract terms.

(End of Clause)

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 fills 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 task order, 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 VOUCHER REVIEW (JULY 2015)

The Government may at its sole discretion utilize a Contractor to review vouchers and supporting data submitted for payment under the provisions of this contract. The Contractor reviewing vouchers 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.

G.5 PAYMENTS (APR 1984)

Invoices must contain the information required by FAR Clause 52.232-27 (incorporated by reference in Section I) and must be consecutively numbered. Additionally, invoices should contain the Volpe Center accounting information necessary to process payments. The invoicing and payment office for all contract actions issued by DOT/OST-R/Volpe Center is located at the Enterprise Services Center (ESC), Office of Financial Operations, and Federal Aviation Administration (FAA) in Oklahoma City, Oklahoma. All invoices, including supporting documentation, are to be submitted electronically (e.g. PDF format) by email at the following address volpeinvoices@faa.gov (all lower case). The CO and COR shall be copied or forwarded a copy of the email. A cover email must accompany each invoice and provide the applicable information in the fields listed below.

Invoice Date:

Supplier Name:

Invoice Amount:

Invoice Number:

Contract No. /CLIN No.:

Terms/Discount:

Performance Period:

Notes:

The Contractor may submit invoices after completion of CLIN based on work accomplished that meets the established standards of quality in accordance with Section I FAR clause 52.232-5, Payments under Fixed- Price Construction Contracts. The final invoice will not be paid until the Government has accepted all the work and reporting requirements.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SAFETY OF OPERATIONS

mailto:volpeinvoices@faa.gov

The work covered by this contract will involve the safety of persons, equipment and property on a National Park. Therefore, unusual skill and experience is required of the Contractor to perform the work safely. The Contractor shall be responsible for the safety of their construction operations. They shall therefore be expected to post adequate watchmen or protective devices to protect his 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 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

In accordance with FAR 52.228-5, Insurance - Work on a Government Installation, in Section I, insurance of the following types and minimum amounts shall be procured and maintained during the entire period of performance under this contract:

(a) Workman's Compensation and Employees Liability Insurance - as specified by applicable statute, but not less than $100,000.00

(b) General Liability Insurance - Bodily Injury Liability - $500,000.00 per occurrence.

(c) Automobile Liability Insurance - $200,000.00 per person, $500,000.00 per occurrence bodily injury, $20,000.00 per occurrence property damage.

Certification of each policy of insurance shall be furnished to the CO within ten (10) days after notice of award and shall certify, among other things, that the policy contains the aforesaid endorsement. The insurance companies providing the above insurance shall be satisfactory to the Government. Notices of policy change shall be furnished to the CO.

H.4 PERFORMANCE OF WORK AND SAFETY PROVISIONS ON GOVERNMENT PREMISES

(MAR 2005)

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. This will be a document that is reviewed and accepted by the COR. This HASP will be a living document and should be updated as the work changes.

H.5 HOURS OF WORK (APRIL 2020)

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

Unless otherwise noted in the Contract, the hours of normal operation are Monday through Friday, 8:00

AM – 6:00 PM (10 hour days).

H.6 GPO PRINTING REQUIREMENT (DEC 1998)

All printing funded by this contract will be accomplished in conformance with Title 44, United States

Code, regulations of Joint Committee on Printing, applicable provisions of appropriation acts, and applicable regulations issued by the Government Printing Office and the Department of Transportation.

H.7 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. Breakage or loss of office equipment or other property including that of a Government employee, which may occur in or about the building as a result of a fault or negligence in the Contractor's operations or fault or negligence in the actions of the Contractor's agent, subcontractors or its employees shall be made good by the Contractor at its expense.

H.8 LEGAL HOLIDAYS/INSTALLATION CLOSING (JUL 2015)

The following Federal legal holidays are observed and no work shall be performed at the Contractor’s site or at a Government facility, unless approved in writing, and in advance, by the CO: New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Whenever a recognized Federal holiday falls on a Saturday, the preceding Friday will be observed as a legal holiday. Whenever a recognized Federal holiday falls on a Sunday, the following Monday shall be observed as a legal holiday.

The Contractor shall comply with the aforementioned Federal holidays and any other day designated by the Federal Statute, Executive Order, or Presidential proclamation; therefore, the Government offices are closed to the Contractor’s staff on the day(s) these holidays are observed. In addition, work shall not be required of the Contractor when Federal employees are released from work early due to inclement

Weather conditions or emergencies or when Federal offices are closed due to inclement weather conditions or emergencies (status available at http://www.opm.gov/status/). The CO will notify the Contractor when early release of Federal employees has been authorized.

When an unforeseen installation closure occurs on a regularly scheduled workday, the CO shall notify the Contractor of one of the following options:

Reschedule the work to be performed the following day unless the following day is a Sunday and routine work is not scheduled on Saturday or Sunday; or

Reschedule the work on any day mutually satisfactory; or

Work as usual by Contractor.

H.9 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.

Emergency Medical Service: Contractor is to provide locations in their Health and Safety Plan.

H.10 SAFETY AND HEALTH (JULY 2015)

The Contractor shall immediately notify and promptly report to the CO or COR, an accident or incident http://www.opm.gov/status/) or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property arising out of work performed under this contract. Provided, however, the Contractor will not be required to include in any report an expression of opinion as to the fault or negligence of any employee.

In addition, the Contractor shall comply with any illness, incident and industry experience reporting requirements set forth in the Schedule of the contract. The Contractor will investigate all such work related incidents or accidents to persons and property to the extent necessary to positively conclude what cause or causes resulted in said accident or incident, and furnish the CO with a report, in such form as the CO may require, of the investigative findings, together with proposed and/or completed corrective actions.

H.11 WARRANTY (DEC 2012)

The Contractor shall provide the standard manufacturer’s warranty for all products and services delivered under this contract. During the warranty period, the Contractor shall repair or replace any Contractor product that does not substantially conform to product specifications. The warranty period shall begin from the date of final acceptance by the Government for each identified task in the SOW.

IAW FAR Clause 52.246-21 Warranty of Construction.

H.12 U.S. DEPARTMENT OF TRANSPORTATION (DOT) CONTRACTOR PERSONNEL

SECURITY AND AGENCY ACCESS (NOV 2011)

The following definitions are provide d:

"Agency Access" means access to DOT facilities, sensitive information, information systems or other DOT resources.

"Applicant" is a Contractor employee for whom the Contractor submits an application for a DOT identification card.

"Contractor Employee" means prime Contractor and subcontractor employees who require agency access to perform work under a DOT contract.

"Identification Card" (or "ID card") means a government issued or accepted identification card such as a Personal Identity Verification (PIV) card, a PIV-Interoperable (PIV-I) card from an authorized

PIV-I issuer, or a non-PIV card issued by DOT, or a non-PIV card issued by another Federal agency and approved by DOT. PIV and PIV-I cards have physical and electronic attributes that other (non- PIV) ID cards do not have.

"Issuing Office" means the DOT entity that issues identification cards to Contractor employees.

"Local Security Servicing Organization" means the DOT entity that provides s e c u r i t y services to the DOT organization sponsoring the contract.

1. Risk and Sensitivity Level Designations - For contracts requiring access to DOT facilities, sensitive information, information systems or other DOT resources, the Contractor employees will be required to complete background investigations, identity proofing, and government identification card application procedures to determine suitability for access. DOT will assign a risk and sensitivity level designation to the overall contract and/or to Contractor employee positions by category, group or individual. The risk and sensitivity level designations will be the basis for determining the level of personnel security processing required for Contractor employees.

IF THE DESIGNATED RISK

IS:

THE BACKGROUND INVESTIGATION

IS:

Low National Agency Check with Written Inquiries

(NACI)

Moderate Minimum Background Investigation (MBI) High Background Investigation (BI)

Contractor employees may also be required to obtain security clearances (i.e., Confidential, Secret, or Top

Secret). National Security work designated "special sensitive," "critical sensitive,” or “non- critical sensitive " will determine the level of clearance required for Contractor employees. Personnel security clearances for national security contracts within the

U.S. DOT will be processed according to the Department of Defense National Industrial Security

Program Operating Manual (NISPOM).

2. Pre-screening of Contractor Employees - The Contractor must pre-screen individuals designated for employment under any DOT contract by verifying minima l suitability requirements to ensure that only quality candidates are considered for contract employment, and to mitigate the burden on the Government of conducting background investigations on objectionable a p p l i c a n t s . The Contractor must exercise due diligence in pre-screening all employees prior to submission to DOT for agency access.

DOT may decline to grant agency access to a Contractor employee for reasons including, but not limited to:

a) Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude.

b) Falsification of information entered on forms or of other documents submitted.

c) Improper conduct including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct adverse to the Government regardless of whether the conduct is directly related to the contract.

d) Any behavior judged to pose a potential threat to DOT facilities, sensitive information, information systems or other resources.

3. Citizenship and Alien Status - The Contractor must monitor an alien's continued authorization for employment in the United States. The Contractor must provide documentation to the CO or the CO's

Technical Representative during the background investigation process that validates that the E-Verify requirement has been met for each Contractor employee.

4. Background Investigation and Adjudication - The Contractor employee must have a…