26-16-315930_ITB_Yard_Ballast_Seward-Final.pdf.crdownload

Seward Yard Ballast

March 25, 2026

INVITATION TO BID

26-16-315930

Seward Yard Ballast Supply

Response Requested, This form must be completed and returned to insure receipt of future addenda or additional information. Email this form to: walkerr@akrr.com All addenda will be forwarded to the contact name and number listed below.

Firms that have not returned this 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 and then Procurement, Solicitations. Bidders must acknowledge the receipt of all issued addendums in their proposal/bid submittal.

Company __________________________________________________________________________________________

Address __________________________________________________________________________________________

Contact __________________________________________________________________________________________

Phone __________________________________________________________________________________________

Fax __________________________________________________________________________________________

Email address __________________________________________________________________________________________

Website: www.alaskarailroad.com

Alaska Railroad Corporation 327 W. Ship Creek Avenue, Anchorage, AK 99501

P.O. Box 107500, Anchorage, AK 99510-7500 Tel: 907.265.2218

Fax: 907.265.2439 walkerr@akrr.com mailto:walkerr@akrr.com

INVITATION TO BID (ITB) NUMBER: 26-16-315930

Seward Yard Ballast Supply

THIS IS NOT AN ORDER DATE ITB ISSUED: March 25, 2026

SEND MAILED BIDS TO: Alaska Railroad Corporation Rob Walker 327 West Ship Creek Ave.

Anchorage, Alaska 99501

UNTIL 3:00 PM LOCAL TIME, April 15, 2026 THE MAILED BID SHALL CONTAIN THE

FOLLOWING INFORMATION IN THE TITLE WHEN SUBMITTED:

1: Offeror’s Name 2: Date and Time for receipt of offer 3: ITB Solicitation number

*Only send required documentation, not the entire ITB solicitation

The Alaska Railroad Corporation (“ARRC”) is soliciting bids from interested parties to deliver Type 5 Yard Ballast to designated location at ARRC Seward Yards. Interested parties are invited to submit a bid to provide said product to ARRC. Bids must be submitted on the bid forms contained herein and must be delivered to the above address. If mailing, the bid shall be in a sealed envelope with the bid 26-16-315930 clearly printed on the face of the envelope. Bids must be complete and in U.S. dollars.

See instructions and conditions enclosed herein. Bids received via facsimile transmission or email will be considered non-responsive.

IMPORTANT: Material associated with this bid may be funded in part by funds from the Federal Transit Administration (“FTA”) and/or the Federal Railroad Administration (FRA), agencies of the United States Department of Transportation. This solicitation package contains some provisions that are designated as applicable to FTA and FRA.

Please direct all responses and/or questions concerning this Invitation to Bid to Rob Walker, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, telephone number 907-265-2218 or email at walkerr@akrr.com All questions must be asked prior to close of business March 17, 2023. Any question received after could result in not being answered.

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). The 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 on federal contracts of 4% in FY 2024-2026. If this contract is funded in whole or in part by funds from the FTA or the FHWA, it is imperative that you consult the Federal Terms and Conditions portion of this solicitation.

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

PARTICULAR ATTENTION TO THIS CLAUSE. Bidder/contractor-imposed terms and conditions which conflict with this Invitation to Bid terms and conditions are considered counter offers and, as such, will cause the Alaska Railroad Corporation to consider the bid non-responsive. If a bidder attaches additional terms and conditions as part of the bid, such attachments must be accompanied by a disclaimer stating that in the event of conflict between the terms and conditions of this Invitation to Bid and the terms and conditions of the bidder/contractor, the terms and conditions of the Invitation to Bid will prevail.

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 Rob Walker, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, telephone number 907-265-2218 or email at walkerr@akrr.com

Sincerely, Rob Walker Logistics Manager Alaska Railroad Corporation http://www.greenstarinc.org/

INDEX

APPENDIX A MINIMUM QUALIFICATION

APPENDIX B SUPPLY BID FORM

APPENDIX C SPECIFIC TERMS AND CONDITIONS

APPENDIX D STATEMENT OF SERVICES

APPENDIX E SPECIAL PROVISIONS

APPENDIX F COST SCHEDULE

APPENDIX G BIDDERS QUESTIONNAIRE

APPENDIX H GENERAL TERMS AND CONDITIONS

APPENDIX I FEDERAL TERMS AND CONDITIONS

SUBMITTALS: 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

2. Cost Schedule

3. Bidder’s Questionnaire

4. Federal Requirements: Appendix H:

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

23. FRA BUY AMERICA REQUIREMENTS-SUPPLIES - 41 USC §§10a-d; 48 CFR

Part 25

25. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR

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

APPENDIX A

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 that is 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.

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 B

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

Submission of Bids: If a bidder is unable to email their bid, prior to the closing time and date they must contact the contracting officer and a Drop Box file location will be provided.

NON-COLLUSION AFFIDAVIT

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

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

Name and Title of Person Signing Signature

Telephone Number Facsimile Number Form 395-0132

APPENDIX C

SPECIFIC TERMS AND CONDITIONS

Any resulting contract 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. 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.

ARRC Rights in Regard to Bid:

The Alaska Railroad Corporation reserves the right to reject any or 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/Vendor Terms & 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.

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.

WARRANTY:

Contractor shall warrant all equipment offered to be free of defects in materials and workmanship. In the event of defects in materials and workmanship, Contractor's liability obligations shall be to repair or replace defective parts or to refund lease payments from the date the Contractor is notified of the defects.

The Contractor shall deliver the equipment to the Delivery Point in first class operating condition and equipped with all required devices so as to operate under safe, efficient, economical and continuous service. If the equipment is not delivered in accordance with the foregoing requirements, the Contractor shall promptly remedy the nonconforming conditions or remove the equipment from the Delivery Point within forty-eight (48) hours after notice to do so from ARRC, and ARRC shall not be liable for any rental, transportation or other charges or expenses.

RISK OF LOSS:

ARRC shall be liable for loss or destruction of the rented equipment from the date of ARRC possession at the Delivery Point (effective date of rental term) until possession is relinquished to the Contractor's agent upon expiration/termination of the rental term. ARRC shall not be liable for loss or damage incurred during Mobilization or Demobilization. In no event shall ARRC be liable for loss of rentals or any other consequential damages.

CLAIMS:

After the Post-Rental Inspection and Condition Report has been completed and possession of the equipment is returned to the Contractor or the Contractor's authorized representative, the Contractor shall have thirty (30) calendar days to make written notice to ARRC for any claims for any such abnormal conditions other than fair wear and tear as may be detailed on the Post-Rental Inspection and Condition Report which were not noted on the Pre-Rental Inspection and Condition Report. In no event shall ARRC be liable for loss of rentals or any other consequential damages.

GOVERNING LAW:

This contract shall be governed by all applicable Federal, State and Municipal laws. All concerning actions shall be brought in the Superior Court of the State of Alaska.

SIGNATURE:

All offers shall be signed by an individual authorized to bind the respondent to its provisions, dated, have proper address, and provide contact telephone number. Prices will be firm for ninety (90) days from the closing date of this solicitation. Prices accepted for an award will be firm throughout the duration of the contract.

TERMS AND CONDITIONS:

Any resulting contract from this Invitation to Bid shall incorporate the attached general 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.

PRICES:

Prices will be firm for duration of contract after bid opening date.

ALASKA RAILROAD CORPORATION RIGHTS IN REGARD TO BID:

The Alaska Railroad Corporation reserves the right to reject any or 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 ARRC.

PERFORMANCE ASSURANCES: Before final award of any contract as a result of this Invitation For 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

BIDDER/VENDOR TERMS AND CONDITIONS:

PROSPECTIVE BIDDERS ARE CAUTIONED TO PAY PARTICULAR ATTENTION TO THIS CLAUSE.

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

If a bidder attaches additional terms and conditions as part of the bid, such attachments must be accompanied by a disclaimer stating that in the event of conflict between the terms and conditions of this

Invitation to Bid and the terms and conditions of the bidder/contractor, the terms and conditions of the Invitation to Bid will prevail.

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.

F.O.B. POINT:

Designated location in the ARRC Seward Yard. Exact staging site will be discussed and determined prior to material being delivered.

APPENDIX D

STATEMENT OF SERVICES

SCOPE OF WORK

Scope of this project includes the production, quality control, handling, delivery, and stockpiling of Type 5 Yard Ballast within the ARRC’s rail yards to support Terminal Track Rehabilitation projects and maintenance tasks across the southern half of the Railbelt. See provided Maps for stockpile location in Seward.

APPENDIX E

SPECIAL PROVISIONS

Unless noted otherwise herein, the March 2025 edition of ARRC’s Standard Specifications for Construction (SSC) are to be referenced. Furthermore, unless explicitly noted, “Section” or “subsection” shall be in reference to the SSC. The above-mentioned reference manual can be found at:

https://www.alaskarailroad.com/sites/default/files/procurement/2025%20ARRC%20SSC.pdf

SECTION 309

RAILROAD BALLAST

309-3.01 MATERIALS.

Delete Subsection in its entirety and replace with the following:

Ballast shall be unloaded as close as possible to the point of use so that unnecessary handling is prevented.

Excess ballast shall be picked up and redistributed at the Contractor's expense. Ballast shall be handled in such a manner as to ensure it remains clean of deleterious materials and within specifications. The Contractor shall coordinate work to avoid unnecessary stockpiling of ballast material. In the event that the material is required to be stockpiled, the Contractor shall take care not to mix in fines and other deleterious materials. The Contract Manager may reject stockpiled material or require the Contractor to perform additional testing on field samples if the material does not appear to meet the standard gradation or other physical properties for ballast specified in Subsection 703-2.17.

Add the following Subsections:

309-4.02 ACCEPTANCE SAMPLING AND TESTING.

Prior to the Contractor entering full production of ballast in support of this Contract, the Contractor is to ensure that its key personnel have read and thoroughly understand the contents of this portion of the work. The Contractor’s key personnel will determine compliance both visually and through the implementation of field testing throughout the “Start-up Period.” The length of this period is solely dependent on the Contractor’s confidence level in the material it’s producing. However, for payment purposes; the “Start-up Period” shall not exceed ten (10) percent of the total quantity generated under this Item. Once the Contractor has dialed in their operation, it is to submit its projected gradation to the Owner for review prior to entering full production. The submitted gradation will become the target gradation which will be used to track the consistency of the Contractor’s material production operation. Price adjustments will be calculated based on the sieve analysis results as compared to the gradation envelope outlined in Table 309-1 below. Material found to conform to the Contract Documents during the “Start-up Period” shall be entered for payment as outlined herein.

A sieve analysis shall be performed, in accordance with ATM 304, Method A (Sieve Analysis of Fine and Coarse Aggregates and Material Finer than No. 200 Sieve in Mineral Aggregates by Washing), for every 1,000 tons of material produced and/or delivered. The result(s) shall be submitted to the Owner prior to issuance of payment for the material that said result(s) represents. The Owner shall perform Quality Assurance testing using a third party testing firm at a minimum frequency of 10% of the Contractor’s required frequency. The Contractor’s results will be used to calculate the Ballast Price Adjustment as mentioned below.

https://www.alaskarailroad.com/sites/default/files/procurement/2025%20ARRC%20SSC.pdf

In addition to the sieve analysis, the Contractor shall also submit test results outlined in Table 309-1 below:

TABLE 309-1

AGGREGATE TESTING FREQUENCIES FOR BALLAST

Test results shall be submitted within 24 hours of the Contractor receiving the results. Said results shall be reviewed and approved by a Professional Engineer registered in the State of Alaska, provided to the Owner in a format that is acceptable to it, and shall indicate whether or not the sample conforms to the Contract Documents.

309-4.03 EVALUATION OF MATERIALS FOR ACCEPTANCE.

The Owner will share its Quality Assurance testing results with the Contractor upon receiving the Contractor’s Quality Control results. Furthermore, should any gradation test result be called into question, it is recommended that the Contractor retain a split of sufficient size, for each sub-lot , to run a sieve analysis in accordance with the procedure identified above in Table 309-1. The ARRC will retain a split of each of its tests until the lot that said tests represent are accepted by both it and the Contractor. In the event that there is a disparity, the splits will be tested by an independent testing firm that is not associated with the project. All costs associated with the testing of the splits will be the responsibility of the Contractor, with the exception of costs associated with testing the splits retained by the Owner.

Remedial Actions. Should any test fail to meet the Contract Documents, the Contractor is to notify the Owner as soon as practicable. Upon notification of a failed test, the Contractor may elect to institute one of the following measures:

1. Waste the material at no cost to the Owner;

2. Accept the penalization for material that is marginally non-conforming; or

3. Reprocess the material prior to its stockpiling within the indicated stockpile location.

If the Contractor’s means and methods continually fail to produce a product that conforms to the Contract Documents, the Contractor will cease its operations and is to submit a detailed work plan outlining its means and methods to bring its operation back into conformance. At a minimum this remediation plan may include, but is not limited to, the following:

TEST PROCEDURE FREQUENCY

Sampling Aggregate ASTM D7 5 & ASTM C 702 1 per 1,000 tons

Sieve Analysis ATM 304, Method A 1 per 1,000 tons Clay Lumps & Friable Particles ASTM C 142 1 per 1,000 tons

Fractured Particles ASTM D5821 1 per 1,000 tons Bulk Specific Gravity (SSD) AASHTO T 85 1 per source Absorption ASTM C 97 1 per source Magnesium Sulfate Soundness

ASTM C88 (Five Cycles) 1 per source

L.A. Abrasion AASHTO T 96 1 per source Wet/Dry ASTM D 5313 1 per source Freeze/Thaw ASTM D 5312 1 per source

1. Frequency of testing to be performed by the Contractor to ensure that remedial efforts are producing a product that conforms to the Contract Documents prior to returning to full production;

2. Additional equipment required to bring the operation into conformance (e.g. additional cone crusher, additional jaw crusher, additional screen deck, fine material screw washer, wash screens, etc.);

3. Sourcing material from different geological formations within the quarry; or

4. Adjusting the feed rate of the plant.

A maximum of three (3) consecutive failing gradations and/or five (5) failing gradations within in a 10,000 tons will be the basis for the Owner requiring the reprocessing of said material at no cost to the Owner.

309-4.04 BALLAST PRICE ADJUSTMENT.

As the gradation of the ballast is paramount to the integrity of the ARRC’s rail infrastructure, the Contractors Quality Control gradation results will be utilized as acceptance results, in addition to the Owner’s Quality Assurance gradation results, for use in the Ballast Price Adjustment. Said test results for each individual lot (maximum increments of 2,500 tons) are analyzed collectively and statistically as defined in the attached Microsoft excel workbook to determine the total estimated percentage of the lot that is within specification limits. The Contractor’s test results will be weighted evenly with the Owner’s results.

A lot containing material with less than a 1.00 pay factor is accepted at an adjusted price, provided that the pay factor is at least 0.80 and there are no isolated defected identified by either the Owner or its representative. A lot containing material that fails to obtain the minimum pay factor is considered unacceptable and rejected under Subsection 105-1.11.

309-5.01 BASIS OF PAYMENT.

Delete Subsection in its entirety and replace with the following:

Water, added to the aggregate at the final stockpile location, is subsidiary.

Mobilization and demobilization to complete the work will not be measured for payment.

Any traffic control measures required to complete the work will not be measured for payment.

Payment will be made under:

PAY ITEM

Item Number Item Description Unit

309.0001.1 Railroad Ballast, Type 5: Stockpiled, Seward TON

APPENDIX F

COST SCHEDULE

COST SCHEDULE: A Bidder’s Failure to provide the information requested in this Appendix may be cause for rejection of the bid on the basis on non-responsiveness. Costs shall be bid in accordance with all applicable specifications identified and incorporated herein.

AWARD CRITERIA: A contract award resulting from this solicitation shall be made to the low, responsive, responsible bidder who meets the requirements as set forth in the plans and specifications and compliance thereof. Award will be made in the aggregate for both locations or by each location, whichever is deemed, by the Contract Administrator to be in the best interest of the ARRC. This may result in multiple awards.

The successful bidder shall hold unit prices of all additives firm for a period of thirty (30) days from the date of bid opening. Award is contingent on the availability of ARRC funds.

SCHEDULE OF VALUES

Item No. Item Description Unit Quantity Unit Bid Price Amount Bid

309.0001.1 Railroad Ballast, Type 5 TON 2000

Total Bid:

Anticipated Final Completion (Delivery) Date: 10/01/2026

ADDITIVE ALTERNATIVE

Item No. Item Description Unit Quantity Unit Bid Price Amount Bid

309.0001.2 Railroad Ballast, Type 5 TON 2000

Notes:

1 Award of this proposal is to be made on total derived from the sum of the Base Bid items.

2 Bid quantities are approximate.

3 Award of Contract is contingent upon schedule and resource availability in the greater Seward area.

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:

BIDDERS NAME AND ADDRESS

COMPANY NAME SIGNATURE BY AND FOR THE BIDDER

COMPANY MAILING ADDRESS PRINTED NAME OF ABOVE BIDDER

CITY, STATE ZIP CODE DATE OF BID

CONTACT PHONE NUMBER CONTACT E-MAIL

APPENDIX G

BIDDERS QUESTIONNAIRE

PART I - INSTRUCTIONS

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

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

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

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

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

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

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

PART II - IDENTITY OF PROPOSER

1. Proposer's Full Legal Name: ______________________________________________

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

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

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

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

____________________________ on the following date: ____________________________

3. Proposer's federal taxpayer identification number: _____________________________

4. Proposer's Alaska business license number: __________________________________

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

6. Proposer's legal address: ________________________________________________

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

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

Name: _________________________________ Title:__________________________

Address: ______________________________________________________________

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

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

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

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

YES � NO �

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

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

PART III-CONTRACTING HISTORY

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

Proposer need not provide more than three such descriptions.

YES � NO �

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

YES � NO �

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

PAPER AND ATTACHED TO THIS QUESTIONAIRE.

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

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

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

YES � NO �

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

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

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

YES � NO �

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

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

PART IV-CIVIL ACTIONS

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

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

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

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

PART V-COMPLIANCE WITH LAWS AND OTHER REGULATIONS

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

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

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

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

YES � NO �

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

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

YES � NO �

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

PART VI-FINANCIAL

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

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

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

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

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

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

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

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

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

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

PART VII -VERIFICATION AND ACKNOWLEDGMENT

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

STATE OF _____________________________

COUNTY OF ___________________________

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

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

Signature of Certifying Individual Date

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

Signature of Notary

Notary Public in and for the State of __________________

My Commission Expires: ___________________________

NOTICE TO PROPOSERS

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

Financial Statement

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

ASSETS

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

Total Assets $____________________

LIABILITIES

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

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

Total Liabilities $____________________

Net Worth $____________________

INCOME FROM OPERATIONS

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

Gross Profit $____________________

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

Net Gain or Loss $___________________

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

Signature of Owner or Officer Date Signed

Company Name For the Year Ended

Federal ID

APPENDIX H

GENERAL TERMS AND CONDITIONS

(Supply Contracts) (Revised 4/17/08)

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

1. Definitions.

“ARRC” shall mean the Alaska Railroad Corporation.

“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…