25-22 ITB ARRC Seattle PIER 15.5 COATING.pdf

SEATTLE PIER 15.5 COATINGS

INVITATION TO BID

NO. 25-22-213097F

MARCH 19, 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

March 19, 2025

INVITATION TO BID

#25-22-213097

SEATTLE PIER 15.5 COATINGS

Response Required: This page must be completed and returned to ensure receipt of future addenda or additional information. Please e-mail 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 Procurement and then Solicitations.

Bidders must acknowledge the receipt of all issued addendums in their proposal/bid submittal.

Company ______________________________________________________

Address ______________________________________________________

Contact ______________________________________________________

Phone __________________________ Fax________________________

Email ______________________________________________________

Website: www.alaskarailroad.com

327 W. Ship Creek Ave.

Anchorage, AK 99501

ThompsonC@akrr.com Phone 907.265.2068 Cell 907.854.3141

March 19, 2025

INVITATION TO BID NUMBER: # 25-22-213097

Seattle Pier 15.5 Coatings

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. April 24th, 2025

AT WHICH TIME BIDS WILL BE PUBLICLY OPENED

A mandatory Pre-Proposal Site visit will be held on Monday March 31, 2025 at 10:00am at the Seattle Pier

15.5 facility, 1140 SW Massachusetts St, Seattle, WA 98134 at 2:00pm. PST. ARRC staff will escort contractors at the terminal, sitewalk is estimated to take an hour. PPE is required to include personal flotation device, hardhats, safety glasses, and steel toe boots. Interested parties should pre-register by March 28,2025. Please contact Jacob Kern at Kernj@akrr.com and Lee Thompson at ThompsonC@akrr.com to register.

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

1. Offeror's Name -

2. ITB # 25-22-213097

3. Date and Time Scheduled for Receipt of Offers.

4. Sealed Offer: Seattle Pier 15.5 - Coatings

A bidder’s failure to visit the work site will in no way relieve the bidder of the responsibility of performing the work in strict compliance it the true intent and meaning of the terms, conditions, and specifications of this

ITB.

Return your bid in a sealed envelope on which the Solicitation number appears. Bids received by e-mail or facsimile 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.

An Alaska Business license is not a prerequisite to bid. Bidders who possess an Alaska Business license and also meet the other criteria of an Alaska Bidder shall receive a preference per the "Alaska bidder preference”.

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.

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 in writing to C. Lee Thompson, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, telephone number 907-854-3141, email address ThompsonC@akrr.com.

Sincerely, C. Lee Thompson Sr. Contract Administrator Alaska Railroad Corporation

INDEX

APPENDIX A – REQUIRED DOCUMENTS

APPENDIX B – BIDDERS INSTRUCTIONS

APPENDIX C – SCOPE OF WORK

APPENDIX D – GENERAL CONDITIONS CONSTRUCTION

APPENDIX E – SUPPLEMENTAL CONDITIONS

APPENDIX F – SPECIAL CONDITIONS

APPENDIX G – TECHNICAL SPECIFICATIONS

APPENDIX H – CONSTRUCTION QUALITY CONTROL (CQC) PLAN

APPENDIX I – FORMS:

CONSTRUCTION BID FORM

BID BOND

CONTRACTOR RESPONSIBILITY QUESTIONAIRE

SUBCONTRACTOR LIST

SAMPLE CONSTRUCTION CONTRACT

PAYMENT BOND

PERFORMANCE BOND

APPENDIX J – COST SCHEDULE

ATTACHMENTS:

Permits - NWS-2022-695_08-25-2023

2023.12.14 IFC P15.5 COATINGS (signed)

1998 Seattle Pier 15.5 Ramp Modifications

APPENDIX A

Required Documents

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. Construction Bid Form - [Form 395-0121]

2. Bid Bond - [Form 395-0120]

3. Contractors Responsibility Questionnaire

4. Cost Schedule - Appendix J

REQUIRED AFTER NOTICE OF APPARENT LOW BIDDER The apparent low bidder is required to complete and submit the following documents within Five (5) Working Days after receipt of written notification:

1. Subcontractor List - [Form 395-0131]

2. Contractor’s QA/QC Plan

3. Contractor’s Site Health & Safety Plan

REQUIRED FOR AWARD In order to be awarded the contract, the successful bidder must completely fill out and submit the following documents within the time specified in the intent to award letter:

1. Certificate of Insurance - [from Insurance Carrier]

2. Payment Bond - [Form 395-0126]

3. Performance Bond - [Form 395-0127]

4. Contract - [Form 395-0122] and Notice to Proceed, ARRC Generated

5. Contractor’s Business License and Contractors License

6. Contractor Qualifications (Appendix G Technical Specs - Section 1.5.B)

POST AWARD DOCUMENTATION

1. As-Built Documents

APPENDIX B - Bidders Instructions

BIDDERS INSTRUCTIONS & SPECIAL REQUIREMENTS

(CONSTRUCTION)

To be considered for award, Bids must be made in accordance with the following requirements:

Duty to Seek Clarification: ARRC shall not be held responsible for a Bidder’s lack of understanding of what is required by the Invitation to Bid. Should a Bidder not understand any aspect of the Invitation to Bid, or require further explanation or clarification regarding the intent or requirements of the same, it shall be the responsibility of the Bidder to seek clarification from ARRC prior to submitting his or her Bid.

Terms and Conditions: Any resulting contract from this Invitation to Bid shall incorporate the general terms and conditions contained in this bid package.

Contract Documents: Bidders shall familiarize themselves with the requirements of all of the Contract Documents which include, but are not limited to the “Bidders Instructions & Special Requirements", the Invitation to Bid, Bid and Contract Forms, General Conditions, Special Conditions, Specifications, Drawings, any Addenda issued prior to the receipt of Bids, and any other documents referenced or incorporated therein.

Examination of Site: Bidders should visit the Project Site(s) and take such other steps as may be reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which may affect the Work and the cost thereof.

Examination and Interpretation of Documents: Each Bidder shall examine the Contract Documents carefully and shall make written requests to ARRC prior to Bid submission for interpretation or correction of any ambiguity, inconsistency, discrepancy, omission, or error therein which the bidder may discover. Any interpretation or correction will be issued in an Addendum by ARRC. Only a written interpretation or correction shall be binding. No Bidder shall rely on any interpretation or correction given by any other method.

Addenda: ARRC may modify the Invitation to Bid prior to the date fixed for opening of Bids by issuance of an Addendum to all parties who have been furnished the Bid Package for bidding purposes. Bidders must acknowledge receipt of all Addenda on the Construction Bid Form [Form 395-0121].

Qualification of Bidders: Pursuant to ARRC Procurement Rule 1600.3, before a Bid is considered for award, ARRC may request a Bidder to submit information regarding the Bidder’s capability in all respects to fully perform the contract requirements or the individual integrity and reliability which will assure good faith performance. Such information shall include the Bidder’s prior experience in performing comparable Work, the availability of necessary financing, equipment, facilities, expertise and personnel to perform the Work and whether he or she has ever been terminated or defaulted on construction work.

Bid Forms: Bids must be submitted on the forms provided by ARRC, completed in all respects as required by the Bid Forms and other Contract Documents and manually signed by an authorized official of the Bidder.

Bidders may make copies of the Bid Forms for submission of Bids.

Submission of Bids: Bids must be sealed, marked, and addressed as directed in the Invitation to Bid and must be delivered to the office designated in the Invitation to Bid prior to the exact time set for opening bids.

Late bids will not be considered.

Modification, Correction, Withdrawal of Bids: Modification, correction or withdrawal of Bids will be allowed only as provided in ARRC Procurement Rule 1200.8.

Bid Opening: Bids will be opened in public at the time set forth in the Invitation to Bid in accordance with ARRC Procurement Rule 1200.6. The contents of the Bids will be open for public inspection after the notice of intent to award a contract is given.

Evaluation of Bids: Bids will be evaluated in accordance with the provisions of ARRC Procurement Rule

1200.7. Alternative bids, if called for, are intended to provide ARRC a range of comparative costs which will allow identification of the combinations most responsive to ARRC's need. The order in which the alternatives are listed or set out in the Invitation to Bid should not be taken as any indication as to the order in which ARRC may elect to select the alternatives, if any. Bidders shall submit bid prices for all alternatives stated in the Invitation to Bid and are advised that the order in which the alternatives, if any, are chosen by ARRC, may affect which Bidder is the lowest responsive and responsible Bidder.

Bid Security: In accordance with ARRC Procurement Rule 1200.4, all Bids shall be accompanied by bid security in the form of a cashier's check or an acceptable Bid Bond, a form of which is provided herein, in the amount of five percent (5%) of the Bid price.

Rejection of Bids: ARRC reserves the right to waive minor defects or informalities in a Bid in accordance with the provisions of ARRC Procurement Rule 1200.8, or to reject any or all Bids in accordance with the provisions of ARRC Procurement Rule 1600.2.

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.

Award of Contract: Unless the solicitation is canceled or all bids are rejected, the procurement officer shall award a contract based on the solicited bids with reasonable promptness by written notice to the lowest, responsible and responsive Bidder whose bid conforms in all material respects to the requirements and criteria set out in the Invitation to Bid.

Execution of Contract: A written contract must be signed by the Bidder to whom an award is made and returned to ARRC within ten (10) calendar days, together with all required performance and payment bonds, and certificate(s) of insurance in the amounts required by the Invitation to Bid. The Bidder to whom award is made shall not be permitted to occupy the project site until he has first obtained the required insurance and submitted to ARRC proof of such insurance together with a statement certifying that said insurance conforms to requirements set forth in the Invitation to Bid.

Failure to Execute Contract: If the Bidder to whom the Contract is awarded refuses or neglects to execute it, or fails to furnish the required bonds and insurance within the time specified, the amount of his bid security may be retained by ARRC as liquidated damages.

Government Contract Requirements: If Federal funds will be used to pay for any part of the project described in the Invitation to Bid, any contract awarded hereunder will contain provisions requiring the successful Bidder to comply with all pertinent provisions, agreements, and clauses of the subject federal grant and all pertinent laws, regulations, Presidential directives, and executive orders to the extent they apply to the subject matter of the contract.

Drug and Alcohol-Free Workplace: Safety is paramount at ARRC. For that reason, ARRC maintains an alcohol and drug-free workplace and requires that the Contractor do the same. At all times during the performance of this contract, the Contractor shall have in place a written drug and alcohol program that includes, at a minimum, the following:

a. a requirement that all applicants present a negative pre-employment drug screen prior to being hired by the Contractor;

b. a requirement that employees submit to a "reasonable suspicion" drug and/or alcohol test when showing signs and symptoms of drug and/or alcohol influence on duty;

c. a requirement that employees submit to "reasonable cause/post-accident" drug and alcohol tests following certain accidents or incidents (with the threshold level triggering testing to be determined by the Contractor);

d. a provision defining a positive alcohol test as one that reveals a breath alcohol level of .02 or greater;

e. a provision defining a positive drug test as one that reveals concentrations at the levels set forth in

49 C.F.R. § 40.87(b)(screening test) and 49 C.F.R. § 40.87(c)(confirmatory test) or greater;

f. a provision that outlines the consequences of a positive drug or alcohol test and the consequences of an employee’s refusal to submit to drug/alcohol testing; and

g. a provision that establishes the conditions under which an employee may return to work following a positive drug and/or alcohol test, which at a minimum include an evaluation by a substance abuse professional and compliance with a recommended treatment program.

The Contractor agrees that at any time during the performance of this contract, if an ARRC employee reports to the Contractor that an employee of the Contractor or its subcontractor is showing signs and symptoms of drug/alcohol influence on duty, the Contractor shall remove the employee from ARRC property immediately and shall have the employee tested for drug/alcohol influence. If the employee tests positive, the Contractor shall ensure that the employee is not returned to work on the project until he/she has met the return to work requirements contained in the Contractor’s written program.

Offer Acceptance Period: For the purpose of award, offers made in accordance with this ITB shall be good and firm for a period of thirty (30) days from the date of bid opening.

Site-Safety Plan Requirement: Before the contractor or any subcontractor begins any construction related work under this contract including but not limited to mobilization, equipment setup, storage, etc., taking place on sites under Alaska Railroad Corporation (ARRC) control, they will submit a site Health and Safety Plan to ARRC for compatibility acceptance.

The plan must be compatible with ARRC Safety Policies including On-Track Safety, OSHA overwater requirements, ARRC on-site employee safety including safety for Project Managers, Construction Managers, Flaggers, Visitors, Safety personnel, Quality Assurance staff, vendors, and the public. The plan must outlines procedures for first aid, emergency response, chemical exposures, spills, site sign-in requirements for site-safety briefings, coordination with ARRC dispatch, Section 6.16 (SAFETY AND PROTECTION), Section 6.17 (WORK SAFETY ON RAILROAD PROPERTY), and Section 6.18 (EMERGENCIES), other sections of the contract GENERAL CONDITIONS.

A complete, detailed Site-Safety Plan shall be submitted to the Project Manager at least 5 days prior to commencement of any Work on the Project

ALASKA BIDDER'S PREFERENCE

Preferences shall be applied to bids that qualify for an Alaska Bidder's Preference. An Alaska bidder preference is five percent (5%). "Alaska Bidder" means a person who:

1. holds a current Alaska business license;

2. submits a bid for goods, services, or construction under the name as it appears on the person's current Alaska business license;

3. has maintained a place of business within the State of Alaska staffed by bidder or an employee of the bidder for a period of six (6) months immediately preceding the date of this bid;

4. is incorporated or qualified to do business within the State of Alaska; is a sole proprietorship, and the proprietor is a resident of the State of Alaska; or is a partnership and all partners are residents of the State of Alaska;

5. is a joint venture, composed entirely of ventures that qualify under (1) through (4) of this subsection.

APPENDIX C – Scope of Work

Contractor shall perform coating removal and application as prescribed in the construction documents. This includes, but is not limited to, removal of existing coatings and a reapplication of the specified coating.

Work windows shall be required around Alaska Marine Lines (AML) Seattle barge schedules. It is anticipated 2-3 weekly with approximately 2 or 5 day windows on alternating weeks. The barge slip shall remain operational for barge operations.

Contractor shall be required to coordinate work activities with ARRC staff including Project/Construction Management, and local facilities staff for operational support and construction windows.

DESCRIPTION OF BID ITEMS

A. The bid items described herein are applicable where the bid item is listed in the Bid Schedule unless otherwise provided in the contract documents. Payment will be made only for items listed in the proposal. All other items required for the work shall be considered as incidental to the construction.

Incidental work may include, but is not limited to: demolition; disposal; temporary structures; temporary maintenance of utilities; testing.

B. Unless specifically stated otherwise in this section, the unit prices bid shall constitute full compensation for all labor, equipment, and materials required to furnish and install each item.

ESTIMATED QUANTITIES

A. The quantities shown in the bid documents are estimates only, being given as the basis for the comparison of bids, and the Owner does not warrant, expressly or by implication, that the actual amount of work will correspond therewith. The right to increase or decrease the amount of any class or portion of the work, or to make changes in the work required as may be deemed necessary is reserved by the Owner as provided elsewhere in these Specifications. The basis of payment will be the unit bid items of work performed and measured in accordance with the contract.

B. Certain bid items may be included in the Contract Proposal to establish a unit price should the use of those items become necessary during construction. Allowance will not be made for loss of anticipated profits or additional compensation should the use of these items be deemed unnecessary.

BASE BID ITEMS:

MOBILIZATION (PAY ITEM NO. 1)

A. Mobilization and Demobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment and supplies to and from the project site; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various items on the project site, and after completion of work.

B. Mobilization and Demobilization shall not be measured for payment but shall be paid on a lump sum basis. The Base Bid contract amount bid for mobilization shall not be adjusted, regardless if the contractor may have, for any reason, shut down the work on the project or moved equipment away from the project and then back again.

C. When you earn 4 percent of the original contract amount from other bid items: 40 percent of the amount bid for mobilization and demobilization, or 4 percent of the original contract amount, whichever is less, will be paid.

D. When you earn a total of 8 percent of the original contract amount from other bid items: An additional 40 percent of the amount bid for mobilization and demobilization, or an additional 4 percent of the original contract amount, whichever is less, will be paid.

E. The remaining balance of the amount bid for Mobilization and Demobilization will be paid after all submittals required under the Contract are received and approved.

PONTOON SUPPORTS (PAY ITEM NO. 2)

A. Payment will be made at the lump sum price and shall consist of all labor, materials, tools and equipment necessary to furnish, prepare and coat the pontoon supports to the limits depicted in the Contract Drawings. All examination, containment, preparation, quality control, application, repair and restoration, protection and cleaning, acceptance, disposal, and appurtenances associated with the work shall be included in this pay item.

B. Payment will include compensation for all work associated with the pay item in accordance with the Contract Documents.

PONTOON EXTERIOR (PAY ITEM NO. 3)

A. Payment will be made at the lump sum price and shall consist of all labor, materials, tools and equipment necessary to furnish, prepare and coat the pontoon exterior to the limits depicted in the Contract Drawings. All examination, containment, preparation, quality control, application, repair and restoration, protection and cleaning, acceptance, disposal, and appurtenances associated with the work shall be included in this pay item.

B. Payment will include compensation for all work associated with the pay item in accordance with the Contract Documents.

PONTOON ACCESS TUBES (PAY ITEM NO. 4)

A. Payment will be made at the lump sum price and shall consist of all labor, materials, tools and equipment necessary to furnish, prepare and coat the pontoon access tubes to the limits depicted in the Contract Drawings. All examination, containment, preparation, quality control, application, repair and restoration, protection and cleaning, acceptance, disposal, and appurtenances associated with the work shall be included in this pay item.

B. Payment will include compensation for all work associated with the pay item in accordance with the Contract Documents.

ADDITIVE ALTERNATE BID ITEMS:

A2.1 GUIDE DOLPHINS STEEL PIPE PILES (PAY ITEM NO. A2.1)

A. Payment will be made at the lump sum price and shall consist of all labor, materials, tools and equipment necessary to furnish, prepare and coat the guide dolphins steel pipe pile to the limits depicted in the Contract Drawings. All examination, containment, preparation, quality control, application, repair and restoration, protection and cleaning, acceptance, disposal, and appurtenances associated with the work shall be included in this pay item.

B. Payment will include compensation for all work associated with the pay item in accordance with the Contract Documents.

C. Any additional work associated with mobilization and/or demobilization of products, labor, or materials outside those included under the base bid Pay Item No. 1, shall

A2.2 GUIDE DOLPHINS FENDER PANELS (PAY ITEM NO. A2.2)

D. Payment will be made at the lump sum price and shall consist of all labor, materials, tools and equipment necessary to furnish, prepare and coat the guide dolphins fender panels to the limits depicted in the Contract Drawings. All examination, containment, preparation, quality control, application, repair and restoration, protection and cleaning, acceptance, disposal, and appurtenances associated with the work shall be included in this pay item.

E. Payment will include compensation for all work associated with the pay item in accordance with the Contract Documents.

F. Any additional work associated with mobilization and/or demobilization of products, labor, or materials outside those included under the base bid Pay Item No. 1, shall

END OF SCOPE OF WORK

APPENDIX D – General Conditions

GENERAL CONDITIONS

(CONSTRUCTION)

(Revised 11/14/05)

1. ARTICLE 1 - DEFINITIONS:

Wherever used in the Contract Documents the following terms, or pronouns in place of them, are used, the intent and meaning, unless a different intent or meaning is clearly indicated, shall be interpreted as set forth below.

The titles and headings of the Sections, Subsections and Articles herein are intended for convenience of reference and shall not be considered as having bearing on their interpretation.

Whenever used in the Specifications or other Contract Documents the following terms have the meaning indicated which are applicable to both the singular and plural thereof. Working titles which have a masculine gender, are intended to refer to persons of either sex.

Terms not defined below shall have their ordinary accepted meanings within the context which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged, Copyright 1961", or subsequent revision thereof, shall provide ordinarily accepted meanings. Words which have a well-known technical or trade meaning when used to describe Work, materials or equipment shall be interpreted in accordance with such meaning.

Addenda:

All clarifications, corrections, or changes issued graphically or in writing by the Owner after the Invitation to Bid but prior to the opening of Bids.

Application For Payment:

The form provided by the Owner which is used by the Contractor in requesting progress or Final payments and which is to include such supporting documentation as is required by the Contract Documents.

Approved or Approval:

Means written approval by the Owner or his authorized representative as defined in paragraph 2.1.

ARRC Procurement Rules:

Means the Rules governing the procurement of supplies, services, professional services and construction adopted by ARRC in accordance with A.S. 36.30.015(e). Said Rules may be downloaded from ARRC’s web site, www.alaskarailroad.com, under General Information, Purchasing/Contracts.

A.S.:

Initials which stand for Alaska Statute.

Award:

The acceptance, by the Owner, of the successful Bid.

Bid:

The offer of a Bidder, on the prescribed form to perform the Work in accordance with the Contract Documents at the prices quoted.

Bid Bond:

The security furnished with a Bid to guarantee that the Bidder will enter into a Contract if his Bid is accepted by the Owner.

Bidder:

Any individual, firm, corporation or any acceptable combination thereof, or joint venture submitting a Bid for the advertised Work.

Calendar Day:

Every day shown on the calendar, beginning and ending at midnight.

Change Order:

A written order by the Owner directing changes to the Contract, within its general scope.

Conditions of the Contract:

Those portions of the Contract Documents which define the rights and responsibilities of the contracting parties and of others involved in the Work. The Conditions of the Contract include General Conditions, Supplementary Conditions and other Conditions specified in the Invitation to Bid.

Contract:

The Contract Documents form the Contract between the Owner and the Contractor for the Work to be performed. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written oral.

Contract Documents:

The Contract Form, Addenda, the bidding requirements and Contractor's Bid (including all appropriate bid tender forms), the Bonds, the Conditions of the Contract and all other Contract requirements, the Specifications, and the Drawings furnished by the Owner to the Contractor, together with all Change Orders and documents approved by the Contracting Officer for inclusion, modifications and supplements issued on or after the Effective Date of the Contract.

Contracting Officer:

The person authorized to enter into and administer the Contract on behalf of the Owner. He has authority to make findings, determinations and decisions with respect to the Contract and, when necessary, to modify or terminate the Contract.

Contractor:

The individual, firm, corporation or any acceptable combination thereof, contracting with the Owner for performance of the Work.

Contract Amount:

The total moneys payable by the Owner to the Contractor under the terms of the Contract Documents.

Contract Time:

The number of Calendar Days or the date specified in the Contract and authorized time extensions which identify how much time the Contractor is allowed to achieve Final Completion.

Consultant:

A person, firm, agency or corporation retained by the Owner to prepare Contract Documents, perform construction administration services, or other Project related services.

Defective:

An adjective which refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or Approval referred to in the Contract Documents, or has been damaged prior to the Owner's Approval of Final payment.

Directive:

A written communication to the Contractor from the Owner interpreting or enforcing a Contract requirement or ordering commencement of an item of Work.

Drawings:

The drawings which show the character and scope of the Work to be performed and which have been furnished by the Owner or the Owner's Consultant and are by reference made a part of the Contract Documents.

Effective Date of the Contract:

The date on which the Contract is fully executed by both Contractor and the Owner.

Final Completion:

The Work (or specified part thereof) has progressed to the point that all Work is complete as determined by the Owner.

General Requirements:

Sections of the Contract Documents which contain administrative and procedural requirements as well as requirements for temporary facilities.

Holidays:

The Owner recognizes the following Holidays:

New Years Day - January 1 President's Day - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Columbus Day-Second Monday in October Veteran's Day - November 11 Thanksgiving Day - Fourth Thursday in November Christmas Day - December 25

If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If the holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays.

Install:

Means to build into the Work, ready to be used in complete and operable condition and in compliance with the Contract Documents.

Invitation to Bid:

The public announcement, as required by law, inviting Bids for Work to be performed and/or materials to be furnished.

Notice of Intent to Award:

The written notice by the Owner to all Bidders identifying the apparent successful Bidder and establishing the Owner's intent to execute the Contract when all conditions required for execution of the Contract are met.

Notice to Proceed:

A written notice to the Contractor to begin the Work and establishing the date on which the Contract Time begins.

Owner:

The Alaska Railroad Corporation (“ARRC”) or its authorized representative(s).

Payment Bond:

The security furnished by the Contractor and his Surety to guarantee payment of the debts arising out of performance of the Work.

Performance Bond:

The security furnished by the Contractor and his Surety to guarantee performance and completion of the Work in accordance with the Contract Documents.

Project:

The total construction, of which the Work performed under the Contract Documents is the whole or a part.

Project Manager:

The authorized representative of the Owner who is responsible for administration of the Contract.

Regulatory Requirements:

All laws, rules, regulations, ordinances, codes and/or orders applicable to the Work.

Shop Drawings:

All Drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contractor to illustrate material, equipment, fabrication, or erection for some portion of the Work.

Specifications:

Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative and procedural details applicable thereto.

Subcontractor:

An individual, firm, or corporation to whom the Contractor sublets part of the Contract.

Substantial Completion:

Although not fully completed, the Work (or a specified part thereof) has progressed to the point where, in the opinion of the Owner as evidenced by the Owner's written notice, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "Substantially Complete" and "Substantially Completed" as applied to any Work refer to Substantial Completion thereof.

Supplemental Agreement:

A written agreement between the Contractor and the Owner covering Work that is not within the general scope of the Contract.

Surety:

The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the Contractor.

Unit Price Work:

Work to be paid for on the basis of unit prices.

Work:

Work is the act of, and the result of, performing services, furnishing labor, furnishing and incorporating materials and equipment into the Project and performing other duties and obligations, all as required by the Contract Documents. Such Work, however incremental, will culminate in the entire completed Project, or the various separately identifiable parts thereof.

2. ARTICLE 2 - AUTHORITIES AND LIMITATIONS:

2.1 AUTHORITIES AND LIMITATIONS:

2.1.1 The Owner alone, shall have the power to bind the Owner and to exercise the rights, responsibilities, authorities and functions vested in the Owner by the Contract Documents, except that the Owner shall have the right to designate in writing authorized representatives to act for him.

2.1.2 Wherever any provision of the Contract Documents specifies an individual or organization, whether Governmental or private, to perform any act on behalf of or in the interests of the Owner that individual or organization shall be deemed to be the Owner's authorized representative under this Contract but only to the extent so specified.

2.1.3 The Owner may, at any time during the performance of this Contract, vest in any such authorized representative’s additional power and authority to act for the Owner or designate additional representatives, specifying the extent of their authority to act for the Owner. A copy of each document vesting additional authority in or removing that authority from an authorized representative or designating an additional authorized representative shall be furnished to the Contractor.

2.1.4 The Owner reserves the right to appoint a new Project Manager without affecting any of the Contractor's obligations to the Owner under this Contract.

2.1.5 The Contractor shall perform the Work in accordance with any written order (including but not limited to instruction, direction, interpretation or determination) issued by an authorized representative in accordance with the authorized representative's authority to act for the Owner.

2.1.6 The Contractor assumes all the risk and consequences of performing the Work in accordance with any order (including but not limited to instruction, direction, interpretation or determination) of anyone not authorized to issue such order, and of any order not in writing.

2.1.7 Should the Owner or his authorized representative designate Consultant(s) to act for the Owner as provided for in Paragraph 2.1.1, the performance or nonperformance of the Consultant under such authority to act, shall not give rise to any Contractual obligation or duty of the Consultant to the Contractor, any subcontractor, any supplier, or any other organization performing any of the Work or any Surety representing them.

2.1.8 The term "Owner" when used in the text of these General Conditions or other Contract Documents following this section shall also mean any duly authorized representative of the Owner when authorized in accordance with Paragraph 2.1.1.

2.2 EVALUATIONS BY OWNER:

2.2.1 The Owner will decide all questions which may arise as to:

2.2.1.1 Quality and acceptability of materials furnished;

2.2.1.2 Quality and acceptability of Work performed;

2.2.1.3 Compliance with the Schedule of Progress;

2.2.1.4 Interpretation of Contract Documents;

2.2.1.5 Acceptable fulfillment of the Contract on the part of the Contractor.

2.2.2 In order to avoid cumbersome terms and confusing repetition of expressions in the Contract Documents, whenever the terms "as ordered", "as directed", "as required", "as approved", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used it shall be understood as if the expression were followed by the words "the Owner".

2.2.3 When such terms are used to describe a requirement, direction, review or judgment of the Owner as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise).

2.2.4 The use of any such term or adjective shall not be effective to assign to the Owner any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4.

2.3 MEANS & METHODS:

2.3.1 The means, methods, techniques, sequences or procedures of construction, or safety precautions and the program incident thereto, and the failure to perform or furnish the Work in accordance with the Contract Documents are the sole responsibility of the Contractor.

2.4 VISITS TO SITE:

2.4.1 The Owner will make visits to the site, off-site fabrication sites and approved remote storage sites at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents.

2.4.2 Such observations or the lack of such observations shall in no way relieve the Contractor from his duty to perform the Work in accordance with the Contract Documents.

3. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE:

3.1 INCOMPLETE CONTRACT DOCUMENTS:

3.1.1 The execution of the Contract by the Contractor is considered a representation that the Contractor examined the Contract Documents to make certain that all sheets and pages were provided and that the Contractor is satisfied as to the conditions to be encountered in performing the Work.

3.1.2 The Owner expressly denies any responsibility or liability for a Bid submitted on the basis of an incomplete set of Contract Documents.

3.2 COPIES OF CONTRACT DOCUMENTS:

3.2.1 The Owner shall furnish to the Contractor up to five copies of the Contract Documents.

3.2.2 Additional copies will be furnished, upon request, at the cost of reproduction stated in the

Invitation to Bid.

3.3 SCOPE OF WORK:

3.3.1 The Contract Documents comprise the entire Contract between the Owner and the Contractor concerning the Work.

3.3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Regulatory Requirements of the place of the Project.

3.3.3 It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of the Contract to create in the public or any member thereof a third party benefit, or to authorize anyone not a party to this Contract to maintain a suit pursuant to the terms or provisions of the Contract.

3.4 INTENT OF CONTRACT DOCUMENTS:

3.4.1 It is the intent of the Contract Documents to describe a functionally complete Project to be constructed in accordance with the Contract Documents.

3.4.2 Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied, without any adjustment in Contract Amount or Contract Time, whether or not specifically called for.

3.4.3 Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Regulatory Requirements of any governmental authority, whether such reference be specific or by implication, shall mean the edition stated in the Contract Documents or if not stated the latest standard specification, manual, code or Regulatory Requirements in effect at the time of advertisement for the Project (or, in the Effective Date of the Contract if there was no advertisement).

3.4.4 However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the Owner and the Contractor, or any of their Consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the Owner or any of the Owner's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4.

3.4.5 Unless otherwise specified in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

3.5 DISCREPANCY IN CONTRACT DOCUMENTS:

3.5.1 Before undertaking the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures, and dimensions shown thereon and all applicable field measurements.

3.5.2 Work in the area by the Contractor shall imply verification of figures, dimensions and field measurements.

3.5.3 If, during the above study or during the performance of the Work, the Contractor finds a conflict, error, discrepancy or omission in the Contract Document, or a discrepancy between the Contract Documents and any standard specification, manual, code, or regulatory requirement which affects the Work, the Contractor shall promptly report such discrepancy in writing to the Owner.

3.5.4 The Contractor shall obtain a written interpretation or clarification from the Owner before proceeding with any Work affected thereby.

3.5.5 Any adjustment made by the Contractor without this determination shall be at his own risk and expense.

3.5.6 However, the Contractor shall not be liable to the Owner for failure to report any conflict, error or discrepancy in the Contract Documents unless the Contractor had actual knowledge thereof or should reasonably have known thereof.

3.6 DISCREPANCY - ORDER OF PRECEDENCE:

3.6.1 When conflicts, errors, or discrepancies within the Contract Documents exist, the order of precedence from most governing to least governing will be as follows:

3.6.1.1 Supplementary Conditions

3.6.1.2 General Conditions

3.6.1.3 Technical Specification

3.6.1.4 Drawings

3.6.1.5 Standard Construction Details

3.6.1.6 Standard Specifications

3.6.2 The Contractor shall not take advantage of any apparent error or omission in the Contract Documents. If the Contractor discovers an error or omission, the Owner shall be promptly notified. The Owner will make corrections and interpretation as necessary to fulfill the intent of the Contract. Scaled measurements shall not be used when the dimensions on the plan are given or can be computed.

3.7 CLARIFICATIONS AND INTERPRETATIONS:

3.7.1 The Owner will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as the Owner may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents.

3.8 REUSE OF DOCUMENTS:

3.8.1 Neither the Contractor nor any subcontractor, or supplier or other person or organization performing or furnishing any of the Work under a direct or indirect Contract with the Owner shall have or acquire any title to or ownership rights in any of the Contract Documents (or copies thereof) prepared by or for the Owner and they shall not reuse any of the Contract Documents on extensions of the Project or any other Project without written consent of the Owner.

3.8.2 Contract Documents prepared by the Contractor in connection with the Work shall become the property of the Owner.

4. ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS:

4.1 AVAILABILITY OF LANDS:

4.1.1 The Owner shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for use of the Contractor in connection with the Work.

4.1.2 Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Owner, unless otherwise provided in the Contract Documents.

4.1.3 The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

4.2 VISIT TO SITE:

4.2.1 The execution of the Contract by the Contractor is considered a representation that the Contractor has visited and carefully examined the site and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the Contract Documents.

4.3 EXPLORATIONS AND REPORTS:

4.3.1 Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Owner in preparation of the Contract Documents.

4.3.2 The Contractor may for his purposes rely upon the accuracy of the factual data contained in such reports, but not upon interpretations or opinions drawn from such factual data contained therein or for the completeness or sufficiency thereof.

4.3.3 Except as indicated in the immediately preceding sentence and in paragraphs 4.4 and 9.9, Contractor shall have full responsibility with respect to surface and subsurface conditions at the site.

4.4 UTILITIES:

4.4.1 The horizontal and vertical locations of known underground utilities as shown or indicated by the Contract Documents are approximate and are based on information and data furnished to the Owner by the owners of such underground utilities.

4.4.2 The Contractor shall have full responsibility for:

4.4.2.1 Reviewing and checking all information and data concerning utilities.

4.4.2.2 Locating all underground utilities shown or indicated in the Contract…