25-11 ARRC BR 114.3 Steel Procurement Deck Plate Girder Spans.pdf

FABRICATION AND SUPPLY OF 2~79’ DECK PLATE

GIRDER SPANS AND 1~30’ ROLLED BEAM SPAN FOR

BRIDGE 114.3

INVITATION TO BID

NO. 25-11-314850

FEBRUARY 13, 2025

ALASKA RAILROAD CORPORATION

327 WEST SHIP CREEK AVENUE

ANCHORAGE, ALASKA 99501

327 W. Ship Creek Ave.

Anchorage, AK 99501 ThompsonC@akrr.com

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

February 13, 2025

Invitation to Bid

25-11-314850

Fabrication and Supply of 2~79’ Deck Plate Girder Spans and 1~30’ Rolled Beam Span for Bridge 114.3

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.alaskarailroad.com, select Corporate, Procurement, 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

INVITATION TO BID NUMBER: 25-11-314850

Fabrication and Supply of 2~79’ Deck Plate Girder Spans and 1~30’ Rolled Beam Span for Bridge 114.3

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

UNTIL 3:00 P.M. March 6, 2025

AT WHICH TIME BIDS WILL BE PUBLICLY OPENED

Return your bid in a sealed envelope on which the Solicitation number appears. Bids received by E-mail transmission will not be considered for award. Bids shall be submitted on the forms furnished herein. Hand-delivered bids, amendments, or withdrawals must be received by ARRC's Contracts Section prior to the scheduled time of bid opening.

Your bid must be complete. See instructions and conditions enclosed.

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 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 may award a contract resulting from this solicitation to the responsive offeror 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 waive informalities and minor irregularities in offers received. Any resulting contract from this solicitation shall incorporate the Standard Instructions, and General Terms and Conditions for Construction 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 for 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 for Bid and the terms and conditions of the bidder/contractor, the terms and conditions of the Invitation for 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 J.

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 envelope used in submitting your offer shall be plainly marked with the following information:

1. Offeror's Name -

2. ITB # 25-11-314850

3. Date and Time Scheduled for Receipt of Offers.

4. Sealed Offer: FABRICATION AND SUPPLY OF 2~79’ DECK PLATE GIRDER SPANS & 1~30’

ROLLED BEAM SPAN FOR BRIDGE 114.3

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 Lee Thompson, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, cellular number 907.854.3141, telephone number 907.265.2068, 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 REQUIRED DOCUMENTS

APPENDIX B MINIMUM QUALIFCATIONS

APPENDIX C SPECIFIC TERMS AND CONDITIONS

APPENDIX D SCOPE OF WORK

APPENDIX E SUPPLY BID FORM

APPENDIX F GENERAL TERMS AND CONDITIONS SUPPLY

APPENDIX G SPECIAL CONDITIONS

APPENDIX H COST SCHEDULE

APPENDIX I BIDDERS RESPOSNIBILITY QUESTIONNAIRE

APPENDIX J FEDERAL TERMS & CONDITIONS

ATTACHMENTS: Bridge 148.3 N. Approach Replacement Plan Set

APPENDIX A

Required Documents

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

1. Supply Bid Form: Appendix E

2. Cost Schedule: Appendix H

3. Bidders Responsibility Questionnaire: Appendix I

4. Federal Requirements: Appendix J

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 20

POST AWARD DOCUMENTATION:

1. Proof of current AISC Quality Certification(s).

2. Mill Certificates & Welding Certifications.

3. Shop detail drawings, welding procedure specifications, erection procedures and weld inspection reports will be required to be sent electronically.

APPENDIX B

Minimum Qualifications

Items to be purchased through this solicitation are important to the operation of the ARRC.

Vendors who respond to this solicitation must meet the following minimum qualifications in order to be considered responsive:

1. Be the original manufacturer, or a distributor/dealer authorized by the original manufacturer to serve the State of Alaska; and

2. Has the authority and capacity to provide full support for all product warranties, including technical “trouble shooting” support; and

3. Be able to provide audited financial statements demonstrating the financial ability to meet the requirements of any order that may result from this solicitation if asked to do so.

4. Be certified under the AISC Quality Certification Program for Steel Bridge

Fabricators at the “Intermediate Bridge (IBR)” Level and demonstrate a minimum of 10 years of experience fabricating similar structural steel members.

The ARRC may conduct an inspection of the supplier’s facility to include its offices and inventory of the items being solicited prior to contract award. All offers submitted in response to this solicitation must be signed by an individual with the legal authority to submit the offer on behalf of the company. Bids/Proposals from vendors that do not meet the above qualifications will not be considered.

APPENDIX C

Standard Instructions and Conditions for the Submission of Bids

Any contract resulting from this Invitation to Bid shall incorporate the following terms and conditions contained in this bid package.

Method of Bidding: Bids must be submitted in the spaces provided on the bid sheets of this invitation in accordance with the conditions of bid as stated herein. The bid will not be considered to be complete unless all spaces have been filled in. Consideration for award will be provided to complete bids only. If a bidder wishes to supply additional information, it may include same along with the bid in the sealed bid envelope.

Alaska Railroad Corporation Rights in Regards to Bid: The Alaska Railroad Corporation reserves the right to reject any of all bids, to waive any informality in bids, to accept in whole or in part such bid or bids as may be deemed in the best interest of the purchaser.

Bidder’s 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.

Assignment: The agreement to be established as a result of this solicitation shall not be assigned by the contractor in whole or in part without the express written consent of the Alaska Railroad Corporation, nor shall the contractor have the right to authorize or permit the use of the Alaska Railroad Corporation's equipment or service facilities by third parties without the express written consent of the Alaska Railroad Corporation.

Hold Harmless: The contractor shall indemnify the Alaska Railroad Corporation against liability and hold it harmless from loss in respect to any and all claims and demands whatsoever rising out of the performance of this agreement, save and except the contractor shall not be liable for acts of negligence of Alaska Railroad Corporation employees acting within the scope of their employment. The Alaska Railroad Corporation shall not be liable for any costs incurred by the bidder in bid preparation.

FOB Point: All prices quoted shall be FOB PCC Logistics, 3629 Duwamish Ave South, Seattle, WA 98134.

Performance Assurances: Before final award of any contract as a result of this Invitation to Bid, awarded vendor will be required to make adequate assurance of performance in the form of verifiable information to the contract officer. Failure to make adequate assurance shall by signature of this bid render the vendor's bid non-responsive to this Invitation.

Delivery Date: Your bid should indicate the earliest firm delivery date after receipt of award.

ARRC shall fully expect the successful contractor to completely satisfy contract performance requirements in accordance with firm delivery dates offered in the Cost Schedule.

Note: Each bidder shall indicate compliance or exception to each specification item individually in the bid response. Mill Reports and welding certifications must be supplied before material is shipped as per project specifications. No material will be accepted without certified mill reports and certifications.

Submission of Bids/Proposals:

ARRC may postpone the date and time announced for receipt of bids/proposals. Such postponement may be made at any time prior to the established date and time for receipt of bids/proposals by notice and addendum to the solicitation to all known potential bidders/Offerors.

Explanation to Prospective Bidders/Offerors:

Bidders/Offerors shall promptly notify ARRC of any ambiguity, inconsistency, conflict, or error which they may discover upon examination of the solicitation documents. All inquiries regarding a solicitation shall be directed to the ARRC representative specified in the solicitation. Any prospective bidder/Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/Offerors before the submission of their bid/proposal.

Late Submissions, Modifications, and Withdrawals of Bids/Proposals:

Any bid/proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless the delay was due to an ARRC error.

Preparation of Bids/Proposals Bidders/Offerors are expected to carefully examine the solicitation documents including all drawings, specifications, schedules, terms and conditions, and all instructions. Failure to do so will be at the bidder's/Offeror's risk. Incomplete bids/proposals may be rejected as nonresponsive.

Evaluation of Bids/Proposals and Contract Award:

ARRC shall review and evaluate each submission in accordance with the criteria established in the solicitation and ARRC's Procurement Rules. In addition to other factors, bids/proposals will be evaluated on the basis of advantages and disadvantages to ARRC.

Reservations:

ARRC may cancel any contract, if in its opinion the vendor fails at any time to perform adequately, or if there is any attempt to willfully impose goods/services upon ARRC which are, in ARRC's opinion, of an unacceptable quality. Any action taken pursuant to this latter stipulation shall not affect or impair any rights or claim of ARRC to damages for breach of any covenants of the contract by the vendor. ARRC also may reject the bid/proposal of any vendor who has previously failed to perform adequately under a prior contract for furnishing supplies/services to ARRC.

If the vendor fails to furnish any item or to complete the required work included in the contract, ARRC may withdraw such items or required work from the operation of the contract without incurring further liability.

Aggrieved Bidder/Offeror:

An aggrieved bidder/Offeror may protest an ARRC procurement action by filing a written protest with the procurement officer in accordance with the procedures and time limits specified in ARRC Procurement Rules 1800.1-1800.11.

Incurred Costs:

The issuance of a solicitation does not obligate ARRC to pay for any bid/proposal preparation costs incurred by bidders/Offerors and does not obligate ARRC to award a contract for supplies/services. All costs incurred as a result of a solicitation or contract negotiations resulting from a solicitation, including travel and personal expenses, are the sole responsibility of the bidder/Offeror.

Availability of Funds:

The ARRC's obligation under any contract is contingent upon the availability of funds to pay for contract purchases. No legal liability on the part of ARRC may arise until funds are made available for a contract and until the Contractor receives written notice of such availability from the procurement officer. Signature by an authorized ARRC representative on the contract award document constitutes written notice of availability of funds.

Public Information:

All submitted bids/proposals will be considered confidential until notice of intent to award is issued.

After notice of intent to award is issued, all bids/proposals will become public information.

Price:

ARRC shall receive the benefit of any general reduction in bidder's/Offeror's price prior to the delivery of supplies or services and in no event shall ARRC be charged higher prices than bidder's/Offeror's similar customers who purchase substantially similar supplies or services under substantially similar circumstances. All prices bid shall be exclusive of any federal, state, or local taxes from which ARRC is exempt.

APPENDIX D

Scope of Work

The Scope of Work for this contract consists of the fabrication, supply, and delivery of various steel assemblies and elastomeric bearings associated with the construction of 2~79’ welded deck plate girder steel and 1~30’ rolled steel beam railroad bridge spans for Alaska Railroad Corporation bridge located at milepost 114.3 over Ship Creek as specified in the attached Alaska Railroad Corporation steel fabrication drawing set dated April 1, 2025.

An awarded Fabricator must possess a current American Institute of Steel Construction (AISC) Quality Certification for Intermediate Bridges. The bid award is contingent upon receiving proof of current AISC certifications.

A pre-fabrication tele-conference meeting shall occur before commencing any fabrication Work. The meeting shall include, at a minimum, the Fabricator’s Project Manager, the Fabricator’s Shop Supervisor, the Fabricator’s Quality Assurance/Control Manager, the Owner’s Quality Assurance representative, and the Owner to include it’s designated representatives. Shop drawings shall also be submitted to the Owner for review and approval before commencing any fabrication Work and prior to the pre-fabrication tele-conference.

The Fabricator shall accommodate the Quality Assurance efforts of ARRC, or its designee, at the Fabricator’s facilities and/or the facilities of any subcontractors utilized by the Fabricator.

APPENDIX E

Alaska Railroad Corporation Supply Bid Form

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 supplies, materials or equipment 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 the 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).

Addendum Number/Dated Addendum Number/Dated Addendum Number/Dated

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 E-Mail Address

Form 395-0132

APPENDIX F

General Terms and Conditions (SUPPLY)

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.

“Vendor” shall mean the person or entity entering into the contract to provide the supplies 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.

“Supplies” shall mean the equipment, goods, materials or other items to be provided by Vendor to ARRC under the contract.

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

3. Claims. Any claim by Vendor for additional compensation or equitable adjustment arising under this contract which is not disposed of by mutual agreement must be made by Vendor 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 Vendor 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 Vendor 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 Vendor shall post in conspicuous places, available to employees and applicants for employment, notices setting out the provisions of this paragraph.

4.2 The Vendor 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 Vendor 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 Vendor'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, Vendor shall be entitled to receive payment in accordance with the payment provisions of this contract for supplies delivered to ARRC and, as to work in progress prior to receipt of notice, ARRC shall pay Vendor only for direct expenditures on work specifically identified to this contract. Vendor shall not be paid for any work done after receipt of a notice of cancellation or for any costs incurred by Vendor's suppliers or subcontractors which Vendor could reasonably have avoided. However, in no event shall ARRC be liable for incidental, consequential, or punitive damages, overhead or other direct or indirect costs, or lost profits. Payments made under this contract shall not exceed the aggregate price specified in this contract.

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

(1) The Vendor 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 Vendor 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 Vendor’s expected performance and Vendor 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) Vendor 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, Vendor shall immediately discontinue all work and it shall immediately cause any of its suppliers or subcontractors to cease such work unless the notice directs otherwise. In the event of termination for default, Vendor shall be liable for any damage to ARRC resulting from the Vendor's nonperformance. 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 Vendor 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. No such approval shall relieve Vendor from any of its obligations or liabilities under this contract.

7. Independent Contractor. The Vendor’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.

8. Payment of Taxes. As a condition of performance of this contract, the Vendor shall pay all federal, state, and local taxes incurred by the Vendor 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. Vendor shall exercise reasonable care and diligence to prevent any actions or conditions which could be a violation of Alaska Statute 39.52 et seq. Vendor 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 Vendor’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 Vendor or its employees violate the provisions of this section.

11. Covenant Against Contingent Fees. Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, 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.

12. Warranty. Vendor warrants that the equipment, goods, materials or other supplies sold to ARRC under this contract: (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. Vendor 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.

13. Indemnification. The Vendor shall indemnify, save harmless and defend ARRC, its officers, agents and employees from all liability of any nature or kind, including costs and expenses, for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any error, omission, product defect, negligent or wrongful acts of the Vendor, its subcontractors or anyone directly or indirectly employed by them in the performance of this contract, provided that Vendor’s aforesaid indemnity and hold harmless agreement shall not be applicable to any liability based upon the sole negligence of

ARRC.

14. ARRC’s Rights Not Waived by Payment. No payment made by ARRC shall be considered as acceptance of satisfactory performance of Vendor’s obligations under this contract. Nor shall any payment be construed as acceptance of substandard or defective work or as relieving Vendor from its full responsibility under the contract.

15. Nonwaiver. A party's failure or delay to insist upon strict performance of any of the provisions of this contract, to exercise any rights or remedies provided by this contract or by law, or to notify the other party of any breach of or default under this contract shall not release or relieve the breaching or defaulting party from any of its obligations or warranties under this contract and shall not be deemed a waiver of any right to insist upon strict performance of this contract or any of the rights or remedies as to any subject matter contained herein; nor shall any purported oral modification or rescission of this contract operate as a waiver of any of the provisions of this contract. The rights and remedies set forth in any provision of this Agreement are in addition to any other rights or remedies afforded the nonbreaching or nondefaulting party by any other provisions of this contract, or by law.

16. Savings Clause. If any one or more of the provisions contained in the contract shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this contract, but this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

17. Headings. The headings of sections and paragraphs of this contract are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.

18. Forum Selection. The parties shall not commence or prosecute any suit, proceeding or claim to enforce the provisions of the contract, to recover damages for breach or default under the contract, or otherwise arising under or by reason of the contract, other than in the courts of the State of Alaska for the Third Judicial District at Anchorage. The parties hereby irrevocably consent to the jurisdiction of said courts.

19. Conflict of Interest. Vendor shall act to prevent any actions or conditions which could result in a conflict with ARRC's best interests. This obligation shall apply to the activities of Vendor's employees and agents in their relationships with ARRC's employees, their families, vendors, subcontractors and third parties accomplishing work under this contract.

20. Publicity. Vendor shall not release any information for publication or advertising purposes relative to this contract or to the material, equipment and other supplies furnished under this contract without the prior written consent of the ARRC.

21. Audit. ARRC has the right to audit at reasonable times the accounts and books of the Vendor in accordance with the provisions of ARRC Procurement Rule 1600.10.

22. Internal Controls and Record Keeping. Vendor shall keep full and accurate records and accounts of all of its activities in connection with this contract, including, without limitation, reasonable substantiation of all expenses incurred and all property acquired hereunder.

23. Force Majeure. Neither ARRC nor Vendor shall be responsible for failure to perform the terms of this contract when performance is prevented by force majeure, provided that: (1) notice and reasonably detailed particulars are given to the other party and (2) the cause of such failure or omission is remedied so far as possible with reasonable dispatch. The term “force majeure” shall mean acts of God, earthquakes, fire, flood, war, civil disturbances, governmentally imposed rules, regulations or other causes whatsoever, whether equal or disequal to the causes herein enumerated, which is not within the reasonable control of either party and which through the exercise of due diligence, a party is unable to foresee or overcome. In no event shall force majeure include normal or reasonably foreseeable or reasonably avoidable operational delays.

24. Set Off. If ARRC has any claim against the Vendor related or unrelated to this contract, it may set off the amount of such claim against any amount due or becoming due under this contract.

25. Observance of Rules. The Vendor’s personnel performing work hereunder on ARRC’s premises shall observe all fire prevention, security, and safety rules in force at the site of the work.

26. No Third-Party Beneficiary Rights. No provision of this contract shall in any way inure to the benefit of any third parties (including the public at large) so as to constitute any such person a third-party beneficiary of the contract or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.

27. Entire Agreement. This contract represents the entire and integrated agreement between ARRC and the Vendor and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended only by a written instrument signed by both ARRC and the Vendor.

28. Invalid Provision. The invalidity or unenforceability of any provision of this contract shall not affect the other provisions hereof, and this contract shall be construed in all respects as if such invalid or enforceable provisions were omitted.

29. Packing, Marking and Shipping All supplies shall be properly packaged to prevent damage or deterioration and to obtain the lowest transportation rates. ARRC will pay no charge for preparation, crating, dunnage or other materials unless separately stated in this contract. Each packing slip, bill of lading, invoice, container, tag and correspondence shall bear the applicable contract number and the location to which the supplies are to be shipped. A waterproof Master Packing Slip shall accompany each shipment and shall be included in one of the packages marked "Packing Slip Inside" or in the case of a carload shipment, be conspicuously displayed on the inside of the freight car. The original Bill of Lading shall be mailed to the attention of ARRC Supply Management Department on date of shipment.

30. Improper Delivery. If for any reason the Contractor fails to make timely delivery, ARRC may, at its option, approve a revised delivery schedule, request shipment via air or expedited routing (at Contractor's expense) or terminate this contract without any liability. Contractor will not, however, be liable for damages resulting from delays in delivery due to causes beyond Contractor's reasonable control, provided Contractor promptly notifies ARRC in writing of any such delay or expected delay as soon as such delay or expected delay becomes or should have become apparent. The remedies provided in this paragraph shall be cumulative and in addition to any other or further remedies ARRC may have.

31. Shipping Release. The Contractor shall not ship any of the supplies covered by this contract, unless specific delivery dates or written instructions are furnished to Contractor by ARRC. ARRC shall have no responsibility for supplies for which delivery dates or other written instructions have not been provided. Shipments in excess of those authorized may be returned to Contractor and Contractor shall pay ARRC for all expenses incurred in connection with such shipments. ARRC may change or temporarily suspend shipping schedules specified in this contract or written instructions.

32. Inspection/Rejection. Notwithstanding prior shipment, all supplies are subject to inspection and acceptance by ARRC within a reasonable time after they arrive at destination. ARRC shall notify Contractor if any supplies are rejected for any reason or if there are shortages. At ARRC's election, rejected supplies may be held for Contractor's account or returned to Contractor at Contractor's risk and expense. No replacement or correction of defective or nonconforming supplies shall be made by Contractor without written authorization from ARRC. Contractor shall promptly ship any shortages after notification of the same by ARRC.

33. Compliance with Laws and Regulations. Contractor agrees that in the performance of this contract it will comply with the requirements of all applicable Federal, State and local statutes, regulations and orders and will indemnify and save ARRC harmless from any claim, loss or damage arising from Contractor's violation or alleged violation of them.

34. Reduction in Contractor's Cost Any reduction in Contractor's costs resulting from a reduction in freight rates, custom duties, import taxes, excise taxes and/or sales taxes from those in force on the date of the contract is to be paid to ARRC by Contractor in reduction of the price of the ordered supplies.

35. Payments. Payments for supplies furnished under this contract will be due thirty (30) days after the later of (1) receipt of the supplies established in the contract, (2) receipt of proper billing for such supplies, and (3) receipt of all documents required by this contract. ARRC shall not be liable for interest charges on late payments.

APPENDIX G

Special Conditions

Work shall be completed in accordance with the General Conditions, Standard Specifications for Construction (SSC), Special Conditions, and the suggested installation procedures provided by the manufacturers of items not being fabricated under this Contract.

All construction and fabrication shall meet the current industry standards for the work being performed. The Fabricator will help the Owner or its representative perform observation and oversight as required to complete the project and provide quality assurance for the project. All work shall meet all the stipulations stated herein.

ARRC Coordination: The Fabricator must coordinate with the Project Manager to coordinate on-site visits by the Owner or its designated representative. Furthermore, the Fabricator shall keep the Project Manager apprised of the status of the member’s or structures shipping status so that the ARRC can coordinate shipping from the designated FOB location stated herein to their final destination for construction.

ARRC will provide up to six (6) 89’ flat rail cars at ARRC’s Seattle, WA terminal for use by the Fabricator to load and secure the steel components for shipping via rail barge to Whittier, AK.

Fabricator shall carry all costs for shipping in their quoted price FOB to PCC Logistics, 3629 Duwamish Ave South, Seattle, WA 98134.

Quality Control: The Fabricator shall be responsible for controlling the quality of the fabrication of the work herein. The work noted herein requires documentation of conformance with material and installation specifications. Material documentation shall be furnished to the Owner prior to fabrication. Fabricator is to supply quality control procedures for approval fifteen (15) days prior to commencing fabrication that is in compliance with the ARRC’s installation requirements noted in the Contract Documents.

Welding: All welding performed under this Contract is to comply with all applicable provisions of the most current version of the American Welding Society (AWS) D1.5 Bridge Welding Code.

Prior to commencing welding activities, the Fabricator is to submit all welding procedures, in accordance with AWS D1.5 that it intends to use for the work specified within the Contract Documents. Additionally, submit welder certificates that include a statement that specifically certifies that each proposed welder has been qualified as specified in the applicable AWS for the particular process or processes that said welder will perform under this Contract. With each proposed welder’s certificate(s), the Fabricator shall also specifically certify that said welder’s qualifications remain in effect in accordance with AWS and provide evidence that the proposed individual has satisfactorily passed the AWS qualification tests for the welding processes submitted and, if pertinent, has undergone recertification.

Removal of unacceptable weld or base metal shall be performed using mechanical means or mechanically controlled methods.

Material completion and shipment shall be on or before APRIL 1, 2025, unless accepted and agreed upon otherwise by the Owner. This completion scope includes all work items contained within the Contract Documents properly completed, approved by the Owner and ready for shipment to the location designated herein.

Liquidated Damages: Extensions for late deliveries reasons will be reviewed on a case-by-case basis. If the Owner and the Fabricator cannot agree on amenable terms of an extension in accordance with SSC Section 108-1.06 Contract Time, Extension of Contract Time and Suspension of then liquidated damages will be deducted from the Fabricator as outlined in SSC Section 108-1.07 Failure to Complete on Time.

BASE BID ITEMS:

Item No. 1 (504.0001.1 & 504.0001.2) – Steel Girder Span

Work includes all equipment, materials, supervision, and labor required to fabricate and deliver the steel girder spans of the specified type and length in accordance with the Plans, SSC Sections 504 and 507 and the current edition of the American Railway Engineering and Maintenance-of- Way Association (AREMA) Manual for Railway Engineering – Chapter 15 Steel Structures. Steel girder spans include welded deck plate girder (DPG) spans and rolled steel beam (SBM) spans, walkways, handrails, drainage, and anchorages. Include all temporary and permanent fasteners necessary to shop assemble, ship, and erect the spans in their final location.

American Institute of Steel Construction (AISC) Certification for IBR: Certified Bridge Fabricator

– Intermediate (Major) level shall be provided to the Owner for review and approval prior to award.

Fabrication and procurement of the ancillary items shown on the Plans that are required to install the steel girder span in the field (e.g.: beam supports, diaphragms, grillage, shim plates [if required], sole plates, fasteners, anchor rods), are subsidiary to this Work. Testing of welded members shall also be considered subsidiary to this Work. Furnish the Certification Reports for all materials in accordance SSC Section 504.

Provide detailed shop drawings to the Owner for approval. Fabrication prior to the Owner’s approval or acceptance of the shop drawings shall be at the Fabricator’s own risk.

Anchor rods shall be provided in the diameters, lengths, and grades indicated in the Plans. Each anchor rod shall be shipped with two (2) hot-dip galvanized heavy hex nuts and a hot-dip galvanized flat washer.

All bolted connections shall be completed using the Turn-of-the-Nut tensioning method in accordance with SSC Section 504-3.01.6 Bolted Construction. All bolted connections shall have a Class B faying surface unless noted otherwise. Fastener testing and inspection shall be performed by a certified third-party testing firm. Provide the test results to the Owner for review and approval. Reaming of holes is not acceptable, unless otherwise approved by the Engineer.

All welds required to assemble the structure shall be completed in accordance with the Plans.

Tolerance requirements are included in AREMA Chapter 15, Section 3.1.7 and AWS D1.5, Section 3.5; the more restrictive criteria shall control. Prior to welding, the Fabricator shall submit a welding plan stamped by a Certified Welding Inspector (CWI) who is certified and qualified in conformance with AWS QC1 for Owner review and approval with required forms as specified in SSC Section 504-3.01.7 Welding. The Fabricator shall be responsible for obtaining inspection services from an independent third-party inspection firm to perform Nondestructive Examination (NDE) as specified herein. Inspections shall be completed by a CWI and results provided to the Owner on a weekly basis:

1. Magnetic Particle Testing (MT) inspection of 10% of all fillet welds on a Per-Joint Basis. If any defects are found within any test length, then the full length of the weld shall be tested.

Girder web to flange welds shall have a minimum of 12 inches of weld tested every 10 feet, the full length of the weld shall be tested.

Notify the Owner a minimum of fourteen (14) days in advance to when the fully-assembled structure is available for inspection. The Fabricator shall accommodate the Quality Assurance efforts of the Owner or its designee at the Fabricator’s facilities and those of any subcontractors within their plant. After the Owner has inspected, or waived its right to inspect the structure, dissemble the structure and match-mark the members as required. Steel girder assemblies shall be prepared in two sections per span to minimize the amount field bolting required to assemble the spans prior to construction as shown in the Plans. Clearly mark temporary bolts used for shipment and securement which are required to be removed prior to installation.

Provide steel bar grating walkway meeting the following requirements of the size and length noted in the Plans:

Steel Bar Grating ASTM A-1011, Type W (welded), Galvanized Bar centers: 2 3/8” Bar size: 2 ¼” x ¼” Cross bar spacing: 4” Maximum opening: 2”x4” Minimum Safe Load Rating: 85 psf between supports (per

Plans) Maximum Deflection: L/160 (inches) under 250 pound load at Midspan (L = span length in feet)

Provide welded tubular handrail assemblies per the Plans using ASTM A500, Grade B steel tube rail elements with a hot-dip galvanized finish. Galvanize handrail assemblies after fabrication.

Ship all structural hardware and structural steel components as required to fully assemble and install the span in its…