25-01 ARRC PASSANGER CAR WIFI Installation of Equip. FTA.pdf

ALASKA RAILROAD CORPORATION

327 W. Ship Creek Ave.

Anchorage, AK 99501 ThompsonC@akrr.com

Phone 907-265-2068 Cell 907-854-3141

January 21, 2025

Invitation to Bid

25-01-212912

ARRC PASSANGER CAR WIFI INSTALLATION OF EQUIPMENT

Cover Sheet

Response Required: This page must be completed and returned to ensure receipt of future addenda or additional information. Please email this form to ThompsonC@akrr.com All addenda will be forwarded to the contact name and number listed below.

Firms that have not returned the cover sheet will not be informed of addendums and will only be alerted to addendums by checking with the ARRC procurement officer or by checking ARRC’s internet site: www.akrr.com, select Suppliers and then Solicitations. Bidders must acknowledge the receipt of all issued addendums in their proposal/bid submittal.

Company Name ____________________________________________________

Mailing Address ____________________________________________________

City, State, Zip ____________________________________________________

Contact Name ____________________________________________________

Phone Number _______________________ Fax ________________________

Email Address ____________________________________________________

The Alaska Railroad Corporation web site www.alaskarailroad.com

327 W. Ship Creek Ave.

Anchorage, AK 99501 ThompsonC@akrr.com

Phone 907-265-2068 Cell 907-854-3141

THIS IS NOT AN ORDER INVITATION NUMBER: 25-01-212912

DATE OF INVITATION: January 21, 2025

SEALED BIDS WILL BE RECEIVED AT: Alaska Railroad Corporation

327 West Ship Creek, Anchorage, Alaska 99501

INVITATION TO BID

327 W SHIP CREEK AVE

ANCHORAGE, ALASKA 99501

ATTENTION: C. LEE THOMPSON 907.854.3141

SEALED BIDS WILL BE RECEIVED AT: Alaska Railroad Corporation Attn. C. Lee Thompson 327 W. Ship Creek Avenue Anchorage, Alaska 99501

UNTIL 3:00 P.M. LOCAL TIME ON FEBRUARY 12, 2025

AT WHICH TIME BIDS WILL BE PUBLICLY OPENED.

ARRC PASSANGER CAR WIFI INSTALLATION OF EQUIPMENT

Pre-Bid Conference and /Site Visit: A pre-bid conference and site visit will be held on February 4th, 2025 at 2:00 PM local time. PPE including hardhats, safety glasses, personal flotation device and steel toe boots. Please contact Lee Thompson at ThompsonC@akrr.com to register. Pre-bid conference is nonmandatory.

ARRC reserves the right to reject any and all bids, or any part thereof, negotiate changes in bids, accept any bids or any part thereof, waive minor informalities or defects in any bids, and not to award the proposed contract if it is in the best interest of the ARRC.

ARRC shall not be held responsible for bidder’s lack of understanding of what is required by this bid. Should a bidder not understand any aspect of this bid, or require further explanation, or clarification regarding the intent or requirements of this bid, it shall be the responsibility of the bidder to seek guidance from the ARRC.

ARRC may award a contract resulting from this solicitation to the responsive offer whose offer conforming to this solicitation will be the most advantageous to the ARRC. ARRC may reject any or all offers if such action is in the best interest of ARRC, and waives informalities and minor irregularities in offers received. Any resulting contract from this solicitation shall incorporate the Standard Instructions, and General Terms and Conditions incorporated in this solicitation.

This solicitation is not to be construed as a commitment of any kind nor does it commit the ARRC to pay for any costs incurred in the submission of an offer or for any other incurred cost prior to the execution of a formal contract

BIDDER/VENDOR TERMS AND CONDITIONS: PROSPECTIVE BIDDERS ARE CAUTIONED TO

PAY PARTICULAR ATTENTION TO THIS CLAUSE. Bidder/contractor imposed terms and conditions which conflict with this Invitation to Bid terms and conditions are considered counter offers and, as such, will cause the Alaska Railroad Corporation to consider the bid non-responsive.

If a bidder attaches additional terms and conditions as part of the bid, such attachments must be accompanied by a disclaimer stating that in the event of conflict between the terms and conditions of this Invitation to Bid and the terms and conditions of the bidder/contractor, the terms and conditions of the Invitation to Bid will prevail.

Important: Work associated with this bid may be funded in part by funds from the Federal Transit Administration (“FTA”), an operating administration of the United States Department of Transportation; the Federal Railroad Administration (FRA); and the Alaska Railroad Corporation (ARRC). This solicitation package contains some provisions that are designated as applicable to FTA, FRA, and ARRC funded projects, mixed funding. See appendix G

Contractor Qualifications:

-Be a contractor who is primary engaged in telecommunication/networking equip. installations -The bidder’s current business has been engaged as a Telecommunications/networking equip.

installation contractor for a minimum of 5 years -Provide references for 3 networking equipment installation projects the company has completed over $250,000 in the last 5 years -Provide NCTI approved master technicians or ARRC approved equivalent certification

ARRC Disadvantaged Business Enterprise (DBE) Program: ARRC is an equal opportunity corporation that encourages the participation of DBEs as prime contractors and subcontractors on its contracts funded in whole or in part by the Federal Transit Administration (FTA) or the Federal Highway Administration (FHWA). ARRC has a race neutral DBE Program and does not set DBE goals on individual solicitations. Nonetheless, the ARRC aspires to achieve an overall DBE participation of 4.0% in federal fiscal years 2025-2027 on contracts funded by agencies within the U.S. Department of Transportation. If this contract is funded in whole or in part by funds from the FTA, FEMA or the FHWA, it is imperative that you consult the Federal Terms and Conditions portion of this solicitation.

The Alaska Railroad is a member of Green Star (http://www.greenstarinc.org/). ARRC earned an initial Green Star Award in 1994 and a Green Star Air Quality Award in 2007. The Alaska Railroad considers Green Star membership to be a positive business attribute, and regards a Green Star award as a tangible sign of an organization’s commitment to environmental stewardship and continual improvement within its operations.

Please direct all responses and/or questions concerning this invitation to bid to Greg Goemer, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, cellular number 907.854.3141, telephone number 907.265.2355, email address ThompsonC@akrr.com. Questions must be submitted in written form prior to March 3rd. Questions submitted after that date will not be accepted.

Sincerely, C. Lee Thompson C. Lee Thompson Contract Administrator

INDEX

APPENDIX A SCOPE OF WORK / MINIMUM QUALIFICATIONS

APPENDIX B COST SCHEDULE

APPENDIX C BIDDERS QUESTIONNAIRE

APPENDIX D SERVICE BID FORM

APPENDIX E GENERAL TERMS AND CONDITIONS

APPENDIX F FEDERAL TERMS AND CONDITIONS

ATTACHMENTS 240201 ARRC WIRELESS WIFI IFC REV 0

CAR 352

CAR 401

CARS 100-103

CARS 205-210

H S_1399_35_0002_EN

PCW Material List westermo_ds_icl-5_2105_en_revc westermo_ds_viper-x12a-poe-series_2311_en_revd westermo_ug_6628-2220_ibex-1510_revb

SUBMITTALS: Bids will not be considered if the following documents are not completely filled out and submitted at the time of bidding:

1. Service Bid Form

2. Cost Schedule

3. Federal Requirements: Appendix H:

22. FTA BUY AMERICA REQUIREMENTS-49 USC §5323(j); 49 CFR Part 661

25. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR

LOBBYING-31 USC 1352, 49 CFR Part 19, 20

(Contractor must confirm that they “certifies that it will meet the requirements” to be considered responsive)

APPENDIX A

SCOPE OF WORK

Table of Contents

1. Contract Title

2. Introduction

4. Objectives

5. Scope

6. Applicable Regulations

a. Key Deliverables, Milestones and Schedule

b. Owner Furnished Equipment/Information (GFE/GFI)

c. Access Control

7. Contract Type

8. Period of Performance

9. Place of Performance

10. Points of Contact

Contract Title ARRC (Alaska Railroad Corporation) Wireless Inter-Consist Link (ICL) & Wi-fi Equipment Installation

1. Introduction The ARRC Signal and Communications Department is pursuing the solicitation of installation services from a commercial provider. The primary goal of this solicitation is to provide for the installation of new inter-consist and associated equipment to provide a wireless data link between passenger cars.

The existing wired connection between passenger cars requires a lot of testing and maintenance every year before and during passenger season. Replacing the external passenger car wired connections with a Wireless ICL will minimize many of the testing and maintenance challenges and allow for more efficient operations.

2. Objectives Transport all supplied materials to the job site as needed Complete all associated work to fully complete the Wireless ICL equipment installation. All costs need to be accounted for in the quote for installation services submitted

Supply additional materials as needed to complete the entire installation as designed

Adhere to all material and equipment specifications

3. Scope General Requirements Price to include all labor, equipment, tools, materials, and permits needed to complete the project. Bids should be for an all-inclusive effort to supply all materials and complete the entire installation of the ICL and Wi-fi equipment

Contractor shall exclude the following items:

Track Protection Design documents ICL equipment & configuration ARRC Supplied Materials & Labor

Installation work will take place between the hours of 6am and 4pm Monday through Friday at ARRC’s car shop. Any work outside of those hours will need to be approved by ARRC.

Contractor will provide project schedule 2 weeks prior to the start of work in order to properly coordinate on-site work with ARRC and tunnel control prior to performing the work

ARRC will provide track protection as needed throughout the project

Equipment Installation Work Any conflict between this Scope of Work and the design drawings should be brought to the attention of the ARRC Project Team. Always follow the equipment manufacturer’s installation requirements.

Install plenum rated cat 6 cable and M12 connectors as show in the ARRC provided ICL/Wi-fi equipment design

Identify and submit for approval, suitable locations on each rail car for the installation of the 12 Port Managed Switch, ICL Access Points, ICL Patch Antennas, and Wi-Fi Access Point

Securely mount the 12 Port Managed Switch in a approved location on each rail car. Location shall be as close as practicable to the power source. Cable length shall not exceed 30 feet.

Ensure stability and accessibility for future maintenance.

Mount the ICL Access Points in approved locations on each rail car.

Connect Cat6A Ethernet Cables from the ICL Access Points to the 1 Gbps ports on the 12 Port Managed Switch. This establishes the Consist Network Backbone.

Mount ICL Patch Antennas to the exterior of each rail car.

Connect Coax Cables from the ICL Patch Antennas to the corresponding ports on the ICL Access Points. Cable length shall not exceed 30 feet.

The location of the patch antennas is critical to the operation of the Consist

Network Backbone. The height of the antennas should be referenced from the Top of Rail and should be the same on all carriages. All antennas should be placed on the center line of the carriage above the door. Reference sheet E4.0 of the design drawings prior to selecting the locations of the Patch Antennas.

Mount the Wi-Fi Access Points in approved locations on each rail car. Ensure there is adequate passenger head clearance.

Connect Cat6A Ethernet Cables from the Wi-Fi Access Points to the 100 Mbps ports on the 12 Port Managed Switch.

Configure equipment in accordance with manufacturer's instructions and/or files.

Use supplied #12 AWG RHW-2 Wire to connect the ARRC provided Circuit Breaker to the power input on the 12 Port Managed Switch.

Secure all cables using appropriate cable ties or clamps to prevent movement or damage during rail car operation.

Organize cables neatly to ensure ease of maintenance and troubleshooting.

Label all cables according to the ARRC provided cable labeling Matrix

Seal any openings or gaps around cables and equipment to protect them from environmental factors.

Provide an end to end sweep tests of all cabling and coax o Cabling system test to include speed, cross talk, pinout verification, fault check o Coax system testing to include a standard sweep for VSWR, faults, and antenna loss

Close Out Requirements

Contractor must provide detailed Record Drawings (As-Built) o The Contractor shall complete a set of record drawings that legibly and accurately show, at a minimum the following information:

Redlined design drawings to include:

Dimension and detail for the work completed.

Details not on original Contract Drawings.

Changes made by Change Order o Prior to acceptance of the work, the Contractor shall deliver to the Project Manager with a soft copy of Record Drawings accurately showing the information required above o Daily photos of the work as it is being performed o Clearly labeled cable tests and coax system sweeps for each car

4. Applicable Regulations Contractor shall perform all work in accordance with all the applicable latest legally enacted editions of national, state and local codes including, without limitation:

NFPA 70 – National Electrical Code (NEC) NFPA 72 and 101 – National Fire Alarm Code and Life Safety Code ANSI/EEE c2 – National Electrical Safety Code (NESC) International Building Code (IBC) International Fire Code (IFC) State of Alaska and local (municipal) amendments to NEC, IBC and

IFC

Alaska Administrative Code §8.70 Electrical Safety Code Standard specifications for work on ARRC property The following parts of the Code of Federal Regulations, Title 49, Transportation, shall apply:

1. Part 212 State Safety Participation Regulations

2. Part 214 Railroad Workplace Safety

3. Part 219 Control of Alcohol and Drug Use

4. Part 220 Railroad Communications

a. Key Deliverables, Milestones and Schedule

ARRC expects to have the installation completed prior to the end of the winter aurora

All workers must attend an onsite preconstruction meeting prior to start of work

b. Owner Furnished Equipment/Information (GFE/GFI) Track Protection Design Documents Building Access

c. Access Control The Contractor is advised that the entire work site is located within an operating railroad yard and active. The Work for this Contract must be executed in such a manner that existing train movement and maintenance work are not impacted. ARRC will work with the Contractor in the advance securing work windows as required.

5. Contract Type The ARRC Signal and Communications Department will award this work on a firm fixed price basis

6. Period of Performance The Period of Performance will be from contract award date until 4/1/24.

7. Place of Performance ARRC Anchorage Yard

State of Alaska-Anchorage

8. Points of Contact

Contracting Officer (CO) Name: C. Lee Thompson Address: 327 W. Ship Creek Avenue Email: ThompsonC@akrr.com Phone Number: 907.854.3141

Contracting Officer’s Representative (COR) Name: Dave Rizk Address: 327 W. Ship Creek Avenue Email: RizkD@akrr.com Phone Number: 907.265.4406

End of Section

APPENDIX B

COST SCHEDULE

A bidder's failure to provide the information requested in this appendix will be cause for rejection of the offer on the basis of non-responsiveness. All prices quoted must be F.O.B. Contractors shop/facility/location where painting and repair services are being performed.

Award Criteria: An award will be made to the low, responsive, responsible bidder that meets the requirements as set forth in the specifications and compliance thereof.

The Alaska Railroad Corporation reserves the right to determine that all offered materials will serve the application intended and be in the best interest of the Alaska Railroad. Award will be made in the aggregate or by line item, whichever is deemed, by the Contract Administrator to be in the best interest of the ARRC. This may result in multiple awards, bid award is contingent on the availability of Federal Transit Administration and Alaska Railroad Corporation funds.

PAY ITEM SUMMARY

Item No.

Item Description Unit Quantity Unit Price Amount

1 Install WIFI into Car 352 Each 1

2 Install WIFI into Car 401 Each 1

3 Install WIFI into Car 452 Each 1

4 Install WIFI into Cars 100 Each 1

5 Install WIFI into Cars 101 Each 1

6 Install WIFI into Cars 102 Each 1

7 Install WIFI into Cars 206 Each 1

8 Install WIFI into Cars 208 Each 1

9 Install WIFI into Cars 209 Each 1

10 Install WIFI into Cars 210 Each 1

Base Bid Total $

COMPANY NAME SIGNATURE BY AND FOR THE BIDDER

COMPANY ADDRESS PRINTED NAME OF ABOVE BIDDER

DATE OF BID

CONTACT PHONE NUMBER CONTACT CEL NUMBER & EMAIL

APPENDIX C

BIDDERS QUESTIONNAIRE

PART I - INSTRUCTIONS

1. All Bidders/Proposers submitting a Bid/Proposal for federally funded contracts are to complete and submit all Parts of this Questionnaire with their Bid or Proposal. Failure to complete and return this questionnaire, any false statements, or failure to answer question when required, may render the bid/proposal non-responsive. All responses must be typewritten or printed in ink. All information must be legible.

2. Please state "not applicable" in questions clearly not applicable to Bidder/Proposer in connection with this solicitation. Do not omit any question.

3. The completed Questionnaire must be sworn to by a partner (if partnership), a duly authorized officer or individual (if a corporation or LLC), or a principal (if a sole proprietorship).

4. The term "Proposer" includes the term "Bidder" and also refers to the firm awarded the Contract.

The term "Proposal" includes the term "Bid".

5. ARRC reserves the right to inquire further with respect to Proposer's responses; and Proposer consents to such further inquiry and agrees to furnish all relevant documents and information as requested by ARRC.

Any response to this document prior or subsequent to Proposer's Proposal which is or may be construed as unfavorable to Proposer will not necessarily automatically result in a negative finding on the question of Proposer's responsibility or a decision to terminate the contract if it is awarded to Proposer.

PART II - IDENTITY OF PROPOSER

1. Proposer's Full Legal Name: ______________________________________________

2. The Proposer represents that it operates as the following form of legal entity: (Check whichever applies and fill in any appropriate blanks.)

an individual or sole proprietorship a general partnership a limited partnership a joint venture consisting of: ________________ ________________________________________ and _____________________________________________________________ (List all joint ventures on a separate sheet if this space is inadequate.)

a non-profit organization a corporation organized or incorporated under the laws of the following state or country:

___________________________ on the following date: _____________________________ a limited liability company organized under the laws of the following state or country:

____________________________ on the following date: ____________________________

3. Proposer's federal taxpayer identification number: _____________________________

4. Proposer's Alaska business license number: __________________________________

5. Proposer's contractor’s license number (for construction only): ___________________

6. Proposer's legal address: ________________________________________________

Telephone Number: (____) _______________ Fax Number: (____)_______________

7. Proposer's local or authorized point of contract address:

Name: _________________________________ Title:__________________________

Address: ______________________________________________________________

Telephone Number: (____) _______________ Fax Number: (____)________________

8. How long has the Proposer been in business? ________________________________

9. Has Proposer been in business under another name? If so, identify name and dates used.

10. Does your firm consider itself to be an MBE, WBE or DBE?

YES NO

If answer is "YES," attach a copy of certification.

11. Number of employees: _______________ including ____________ employees in the State of Alaska.

PART III-CONTRACTING HISTORY

1. Has the Proposer been awarded any contracts within the last five years by ARRC, the State of Alaska, or any other public entity for the same or reasonably similar goods or services sought by this solicitation? If none, answer "No". If yes, on a separate sheet of paper describe those contracts beginning with the most recent. State the name of the contracting entity; give a brief description of the contract and the contract number, the dollar amount at award and at completion, date completed; state the contract period, the status of the contract, and the name, address, and telephone number of a contact person at the agency. Indicate if award was made to Proposer as prime contractor or joint venture.

Proposer need not provide more than three such descriptions.

YES NO

2. Has the Proposer been awarded any private sector contracts within the last five years for the same or reasonably similar goods or services sought by this solicitation? If none, answer "No." If yes, on a separate sheet of paper provide the name and address of the contracting entity, a brief description of work, the dollar amount at award and at completion, date completed, status of the contract and name, address and telephone number of contact person as to each, beginning with the most recent. Indicate if Proposer acted as prime contractor or joint venture. Proposers need not provide more than three such descriptions.

YES NO

NOTE: ANY "YES" ANSWERS TO #3 BELOW MUST BE FULLY EXPLAINED ON A SEPARATE SHEET OF

PAPER AND ATTACHED TO THIS QUESTIONAIRE.

3. In the past five years has the Proposer been the subject of any of the following actions?

A. Been suspended, debarred, disqualified, or otherwise declared ineligible to bid?

B. Failed to complete a contract for a public or private entity?

C. Been denied a low-bid contract in spite of being the low bidder?

D. Had a contract terminated for any reason, including default?

E. Had liquidated damages assessed against it during or after completion of a contract?

F. Been a defaulter, as principal, surety or otherwise?

G. Been denied an award of a public contract based upon a finding by a public agency that your company was not a responsible contractor?

YES NO

H. A public entity requested or required enforcement of any of its rights under a surety agreement on the basis of your company’s default or in lieu of declaring your company in default?

YES NO

I. Been denied a performance or payment bond by a surety company?

YES NO

J. Been required to pay back wages and/or penalties for failure to comply with state or federal prevailing wage or overtime laws?

YES NO

4. Does Proposer currently possess the financial, organizational, technical, equipment, facilities, and other resources necessary to supply the goods or services sought by this solicitation? If no, on a separate sheet of paper describe how you intend to obtain the resources necessary to supply the goods or services sought by this solicitation.

YES NO

5. Does Proposer have any present or anticipated commitments and/or contractual obligations that might impact its ability to meet the required delivery or performance requirements of this solicitation? If yes, on a separate sheet of paper describe any apparent conflicts as between the requirements/commitments for this solicitation with respect to the use of Proposer's resources, such as management, technical expertise, financing, facilities, equipment, etc.

PART IV-CIVIL ACTIONS

If “Yes” to Parts IV or V, provide details on a separate sheet of paper including a brief summary of cause(s) of action;

indicate if Proposer, its principals, officers or partners were plaintiffs or defendants; define charges explicitly, by what authority, court or jurisdiction, etc. In the case of tax liens, please indicate whether the liens were resolved with the tax authorities. Please submit proof of payment or agreements to pay the liens. Complete details are required!

1. Violations Of Civil Law. In the past five years has Proposer, any of its principals, officers or partners been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law?

YES NO

2. Lawsuits With Public Agencies. At the present time is, or during the past five years has Proposer, any of its principals, officers or partners been a plaintiff or defendant in any lawsuit or arbitration regarding services or goods provided to a public agency?

YES NO

3. Bankruptcy. During the past five years, has the Proposer filed for bankruptcy or reorganization under the bankruptcy laws?

YES NO

4. Judgments, Liens And Claims. During the past five years, has the Proposer been the subject of a judgment, lien or claim of $25,000 or more by a subcontractor or supplier?

5. Tax Liens. During the past five years, has the Proposer been the subject of a tax lien by federal, state or any other tax authority?

PART V-COMPLIANCE WITH LAWS AND OTHER REGULATIONS

1. Criminal: In the past five years has the Proposer, any of its principals, officers, or partners been convicted or currently charged with any of the following:

A. Fraud in connection with obtaining, attempting to obtain, or performing a public contract, agreement or transaction?

YES NO

B. Federal or state antitrust statutes, including price fixing collusion and bid rigging?

YES NO

C. Embezzlement, theft, forgery, bribery, making false statements, submitting false information, receiving stolen property, or making false claims to any public agency?

YES NO

D. Misrepresenting minority or disadvantaged business entity status with regard to itself or one of its subcontractors?

YES NO

E. Non-compliance with the prevailing wage requirements of the State of Alaska or similar laws of any other state?

YES NO

F. Violation of any law, regulation or agreement relating to a conflict of interest with respect to a government funded procurement?

YES NO

G. Falsification, concealment, withholding and/or destruction of records relating to a public agreement or transaction?

YES NO

H. Violation of a statutory or regulatory provision or requirement applicable to a public or private agreement or transaction?

YES NO

I. Do any principals, officers or partners in Proposer’s company have any felony charges pending against them that were filed before, during, or after their employment with the Proposer?

YES NO

2. Regulatory Compliance. In the past five years, has Proposer or any of its principals, officers or partners:

A. Been cited for a violation of any labor law or regulation, including, but not limited to, child labor violations, failure to pay correct wages, failure to pay into a trust account, failure to remit or pay withheld taxes to tax authorities or unemployment insurance tax delinquencies?

YES NO

B. Been cited and assessed penalties for an OSHA or Alaska/OSHA “serious violation”?

YES NO

C. Been cited for a violation of federal, state or local environmental laws or regulations?

D. Failed to comply with Alaska corporate registration, federal, state or local licensing requirements?

E. Had its corporate status, business entity’s license or any professional certification, suspended, revoked, or had otherwise been prohibited from doing business in the State of Alaska?

PART VI-FINANCIAL

Copies of the following documents are to be submitted with this Questionnaire:

1. Proposer’s current Alaska Business License, if required by state law.

2. Proposer’s Financial Statements (see specific requirements below):

A. PUBLICLY TRADED COMPANIES: Financial information will be accessed on-line. However, if additional information is needed, it will be specifically requested from the Proposer.

B. NON-PUBLICLY TRADED COMPANIES WITH AUDITED OR REVIEWED FINANCIAL

STATEMENTS: Statements, including balance sheet, statement of earnings and retained income, with footnotes, for the most recent three years.

C. NON-PUBLICLY TRADED COMPANIES WITHOUT AUDITED OR REVIEWED FINANCIAL

STATEMENTS: Company generated financial statements, including balance sheet, statement of earnings and retained income for the most recent three years. The Chief Financial Officer of the corporation, a partner, or owner, as appropriate, must certify these financial statements.

D. SOLE PROPRIETORSHIPS: Refer to C. If financial statements are not generated, please fill out and sign the Financial Statement form attached hereto. Submit one form for each of the most recent three years.

NOTE: ARRC reserves the right to ask for additional documentation if it is reasonably required to make a determination of integrity and responsibility relevant to the goods or services the Proposer will provide to ARRC if awarded a contract. All financial information provided is considered confidential and not subject to public disclosure under Alaska law.

PART VII -VERIFICATION AND ACKNOWLEDGMENT

The undersigned recognizes that the information submitted in the questionnaire herein is for the express purpose of inducing ARRC to award a contract, or to allow Proposer to participate in ARRC projects as contractor, subcontractor, vendor, supplier, or consultant. The undersigned has read and understands the instructions for completing this Questionnaire.

STATE OF _____________________________

COUNTY OF ___________________________

I, (printed name) ______________________________________, being first duly sworn, state that I am the (title) ___________________________________________ of Proposer. I certify that I have read and understood the questions contained in the attached Questionnaire, and that to the best of my knowledge and belief all information contained herein and submitted concurrently or in supplemental documents with this Questionnaire is complete, current, and true. I further acknowledge that any false, deceptive or fraudulent statements on the Questionnaire will result in denial or termination of a contract.

I authorize ARRC to contact any entity named herein, or any other internal or outside resource, for the purpose of verifying information provided in the Questionnaire or to develop other information deemed relevant by ARRC.

Signature of Certifying Individual Date

Subscribed and sworn to before me this ___________ day of ___________________, 20___

Signature of Notary Notary Public in and for the State of __________________

My Commission Expires: ___________________________

NOTICE TO PROPOSERS

A material false statement, omission or fraudulent inducement made in connection with this Questionnaire is sufficient cause for denial of a contract award or revocation of a prior contract award, thereby precluding the Proposer from doing business with, or performing work for ARRC, either as a vendor, prime contractor, subcontractor, consultant or subconsultant for a period of five years. In addition, such false submission may subject the person and/or entity making the false statement to criminal charges under applicable state and/or federal law.

Financial Statement

To be completed by Proposers that do not produce company generated financial statements, including balance sheet, statement of earnings and retained income for the most recent three years (one sheet per year.)

ASSETS

Cash on Hand and in Banks $____________________ Account and Notes Receivable $____________________ Fixed Assets (net of depreciation) $____________________ Other Assets $____________________

Total Assets $____________________

LIABILITIES

Accounts Payable $____________________ Notes Payable to Banks in next twelve months $____________________ Notes Payable to Others $____________________ Taxes Payable $____________________

Long Term Liabilities (More than twelve months) $____________________ Other Liabilities $____________________

Total Liabilities $____________________

Net Worth $____________________

INCOME FROM OPERATIONS

Revenue $____________________ Interest $____________________ Cost of Goods Sold (if appropriate) $____________________

Gross Profit $____________________

General & Administrative Expenses $____________________ Depreciation $____________________ Interest Paid $____________________

Net Gain or Loss $___________________

I hereby certify that the above information is true and accurate to the best of my knowledge and belief. I understand false statements may result in denial of a contract, and possible debarment for a period of five years.

Signature of Owner or Officer Date Signed

Company Name For the Year Ended Federal ID

APPENDIX D

SERVICE BID FORM of

NAME ______________________________________________________

ADDRESS ______________________________________________________

To the CONTRACTING OFFICER, ALASKA RAILROAD CORPORATION:

In compliance with your Invitation for Bids No. ______________________, dated ___________________, the Undersigned proposes to furnish and deliver all the services and perform all the work required in said Invitation according to the specifications and requirements contained therein and for the amount and prices named herein as indicated on the Cost Schedule, which is made a part of this Bid.

The Undersigned hereby agrees to execute said contract and bonds, if any, within Ten (10) Calendar Days, or such further time as may be allowed in writing by the Contracting Officer, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the Undersigned does not, the accompanying bid guarantee, if any, shall be forfeited to the Alaska Railroad Corporation as liquidated damages, and said Contracting Officer may proceed to award the contract to others.

The Undersigned agrees to commence performance within Ten (10) Calendar Days after the effective date of the Notice to Proceed and to complete performance by _________________________, unless extended in writing by the Contracting Officer.

The Undersigned acknowledges receipt of the following addenda to the requirements and/or specifications for this Invitation for Bids (give number and date of each).

Addenda Date Addenda Date Addenda Date Number Issued Number Issued Number Issued

NON-COLLUSION AFFIDAVIT

The Undersigned declares, under penalty of perjury under the laws of the United States, that neither he/she nor the firm, association, or corporation of which he/she is a member, has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Bid.

The Undersigned has read the foregoing proposal and hereby agrees to the conditions stated therein by affixing his/her signature below:

Name and Title of Person Signing Signature

Telephone Number Facsimile Number

395-0129 (12/99)

APPENDIX E

GENERAL TERMS AND CONDITIONS

(General Service Contracts)

(Revised 4/29/08)

The following terms and conditions supersede the terms and conditions on the reverse side of ARRC’s purchase order to the extent that they are inconsistent therewith and shall be deemed to have the same force and effect as though expressly stated in any such purchase order into which this document is incorporated.

1. Definitions.

“ARRC” shall mean the Alaska Railroad Corporation.

“Contractor” shall mean the person or entity entering into the contract to perform the work or services specified therein for ARRC.

“Contract” shall mean these General Terms and Conditions, the contract form to which they are annexed, and all other terms, conditions, schedules, appendices or other documents attached to the contract form or incorporated by reference therein.

“Services” shall mean any work, labor, time, effort or other services furnished by Contractor to ARRC under the contract.

2. Inspection and Reports. ARRC may inspect all of the Contractor's facilities and activities under this contract in accordance with the provisions of ARRC Procurement Rule 1600.9. The Contractor shall make progress and other reports in the manner and at the times ARRC reasonably requires.

3. Claims. Any claim by Contractor for additional compensation or equitable adjustment arising under this contract which is not disposed of by mutual agreement must be made by Contractor in accordance with the time limits and procedures specified in sections 1800.12 et seq.

of ARRC's Procurement Rules, which by this reference are hereby incorporated herein.

4. Nondiscrimination.

4.1 The Contractor may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical or mental handicap, sex, marital status, change in marital status, pregnancy or parenthood when the reasonable demands of the positions do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. To the extent required by law, the Contractor shall take affirmative action to insure that the applicants are considered for employment and that employees are treated during employment without unlawful regard to their race, color, religion, national origin, ancestry, physical or mental handicap, age, sex, marital status, changes in marital status, pregnancy or parenthood. This action must include, but need not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting out the provisions of this paragraph.

4.2 The Contractor shall cooperate fully with ARRC efforts which seek to deal with the problem of unlawful discrimination, and with all other ARRC efforts to guarantee fair employment practices under this contract, and promptly comply with all requests and directions from the State Commission for Human Rights or any of its officers or agents relating to prevention of discriminatory employment practices.

4.3 Full cooperation in Paragraph 4.2 includes, but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of the State of Alaska; permitting employees of the Contractor to be witnesses or complainants in any proceeding involving questions of unlawful discrimination, if that is requested by any official or agency of the State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects of present and future employment; assisting inspection of the Contractor's facilities; and promptly complying with all State directives considered essential by any office or agency of the State of Alaska to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices.

4.4 Failure to perform under this section constitutes a material breach of the contract.

5. Cancellation/Termination.

5.1 ARRC may, for its sole convenience, cancel this contract in whole or in part, at any time by giving written notice of its intention to do so. In the event of such cancellation, Contractor shall be entitled to receive payment in accordance with the payment provisions of this contract for services rendered or charges incurred prior to the effective date of termination. Contractor shall not be paid for any work done after receipt of a notice of cancellation or for any costs incurred by Contractor's suppliers or subcontractors which Contractor could reasonably have avoided. In no event shall ARRC be liable for unabsorbed overhead or anticipatory profit on unperformed services.

5.2 In addition to ARRC’s right to cancel this contract for its convenience, ARRC may, by written notice of default to Contractor, terminate the contract in whole or in part in the following circumstances:

(1) The Contractor refuses or fails to perform its obligations under the contract, or fails to make progress so as to significantly endanger timely completion or performance of the contract in accordance with its terms, and Contractor does not cure such default within a period of ten (10) days after receipt of written notice of default from ARRC or within such additional cure period as ARRC may authorize; or

(2) Reasonable grounds for insecurity arise with respect to Contractor’s expected performance and Contractor fails to furnish adequate assurance of due performance (including assurance of performance in accordance with the time requirements of the contract) within ten

(10) days after receipt of a written request by ARRC for adequate assurance; or

(3) Contractor becomes insolvent or makes an assignment for the benefit of creditors or commits an act of bankruptcy or files or has filed against it a petition in bankruptcy or reorganization proceedings.

5.3 Upon receipt of a notice of cancellation or termination, Contractor shall immediately discontinue all service and it shall immediately cause any of its suppliers or subcontractors to cease such work unless the notice directs otherwise and deliver immediately to ARRC all reports, plans, drawings, specifications, data, summaries or other material and information, whether completed or in process, accumulated by Contractor in performance of the contract. In the event of termination for default, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the amount to be paid on this contract exceeds the expense of finishing the work, compensation for additional managerial and administrative services and such other costs and damages as ARRC may suffer as a result of Contractor’s default, such excess shall be paid to Contractor. If such expense, compensation, costs and damages shall exceed such unpaid balance, Contractor shall be liable for and shall pay the differences to ARRC. The rights and remedies of ARRC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law.

6. No Assignment or Delegation. The Contractor may not assign, subcontract or delegate this contract, or any part of it, or any right to any of the money to be paid under it, except with the prior written consent of ARRC. The hiring or use of outside services, subcontractors or consultants in connection with the work shall not be permitted without the prior written approval of ARRC. No such approval shall relieve Contractor from any of its obligations or liabilities under this contract.

7. Independent Contractor. The Contractor’s relationship to ARRC in performing this contract is that of an independent contractor and nothing herein shall be construed as creating an employer/employee relationship, partnership, joint venture or other business group or concerted action. The personnel performing services under this contract shall at all times be under Contractor’s exclusive direction and control and shall be employees of the Contractor, and not of

ARRC.

8. Payment of Taxes. As a condition of performance of this contract, the Contractor shall pay all federal, state, and local taxes incurred by the Contractor and shall require their payment by any subcontractor or any other persons in the performance of this contract. Satisfactory performance of this paragraph is a condition precedent to payment by ARRC under this contract.

9. Governing Law. This contract, and all questions concerning the capacity of the parties, execution, validity (or invalidity) and performance of this contract, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Alaska.

10. Alaska Executive Branch Ethics Act Requirements. No officer or employee of the State of Alaska or of the ARRC and no director of the ARRC or legislator of the state shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. Contractor shall exercise reasonable care and diligence to prevent any actions or conditions which could be a violation of Alaska Statute 39.52 et seq. Contractor shall not make or receive any payments, gifts, favors, entertainment, trips, secret commissions, or hidden gratuities for the purpose of securing preferential treatment or action from or to any party. This obligation will apply to the activities of Contractor’s employees and agents in their relations with ARRC employees, their families, vendors, subcontractors, and third parties arising from this contract and in accomplishing work hereunder. Certain gratuities may be given or accepted if:

(1) there is no violation of any law or generally accepted ethical standards;

(2) the gratuity is given as a courtesy for a courtesy received and does not result in any preferential treatment or action;

(3) the gratuity is of limited value (less than$150) and could not be construed as a bribe, payoff or deal; and

(4) public disclosure would not embarrass ARRC.

ARRC may cancel this contract without penalty or obligation in the event Contractor or its employees violate the provisions of this section.

11. Non-Disclosure of Confidential Information. Contractor acknowledges and agrees that for and during the entire term of this contract, any information, data, figures, projections, estimates, reports and the like received, obtained or generated by Contractor pursuant to the performance of this contract shall be considered and kept as the private, confidential and privileged records of ARRC and will not be divulged to any person, firm, corporation, regulatory agency or any other entity except upon the prior written consent of ARRC. Furthermore, upon termination of this contract, Contractor agrees that it will continue to treat as private, privileged and confidential any information, data, figures, projections, estimates, reports and the like received, obtained or generated by Contractor during the term of the contract and will not release any such information to any person, firm, corporation, regulatory agency or any other entity, either by statement, deposition or as a witness except upon the express written authority of ARRC. ARRC shall be entitled to an injunction by any competent court to enjoin and restrain the unauthorized disclosure of such information.

Contractor's agreement of non-disclosure as specified in this section applies except to the extent required for (1) performance of services under this contract; (2) compliance with standards of conduct for preservation of the public safety, health, and welfare (so long as Contractor has given ARRC prior notice of the potential hazard and ARRC has had a reasonable opportunity to correct the hazard prior to disclosure); (3) compliance with a court order or subpoena directed against Contractor (so long as Contractor has given ARRC prior notice of such and ARRC has had an opportunity to contest the same in a court of law); or (4) Contractor's defense against claims arising from performance of services under this contract.

12. Covenant Against Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this contract, and that it has not paid or agreed to pay any person, company, individual, or firm any commission, gift, percentage, fee, contingent upon or resulting from the award or making of this contract. For the breach or violation of this warranty, ARRC may terminate this contract without liability and, at its discretion, deduct from the contract price or otherwise recover the full amount of the commission, percentage, gift, or fee.

13. Standard of Performance. Contractor shall perform its services with care, skill and diligence in accordance with normally accepted industry standards and shall be responsible for the quality, accuracy, and completeness all services furnished under this Contract. Contractor shall comply with all applicable federal, state and local laws and ordinances, codes, and regulations in performing its services. If any failure to meet the foregoing standard of performance appears within one (1) year after the services are accepted by ARRC, Contractor shall, at a minimum, reperform the work at no cost to ARRC and shall reimburse ARRC for any additional costs that may be incurred by ARRC or any of its contractors or subcontractors as a result of such substandard work. If Contractor should fail to reperform the work, or if ARRC determines that Contractor will be unable to correct substandard services before the time specified for completion of the project, if any, ARRC may correct such unsatisfactory work itself or by the use of third parties and charge Contractor for the costs thereof. The rights and remedies provided for in this section are in addition to any other remedies provided by law.

14. Warranty. In the event Contractor supplies equipment, goods, materials or other supplies in addition to services under this contract, Contractor warrants that said items: (a) shall be of good quality and free from all defects and deficiencies in workmanship, material and design; (b) shall be fit, suitable and operate successfully for their intended purpose; (c) shall be new; (d) shall be free from all liens, claims, demands, encumbrances and other defects in title; and (e) shall conform to the specifications, if any, stated in the contract. Contractor shall honor all guarantees and warranties offered by the manufacturer of the equipment, goods, materials or other supplies provided under this contract. The rights and remedies provided for in this section are in addition to any other remedies provided by law.

15. Indemnification. Contractor shall defend, indemnify and hold ARRC harmless from and against all claims and actions asserted by a third party (or parties) and related damages, losses and expenses, including attorney’s fees, arising out of or…