RAILROAD TIE DISPOSAL SERVICES

INVITATION TO BID

NO. 26-22-214614

JUNE 9, 2026

ALASKA RAILROAD CORPORATION

327 WEST SHIP CREEK AVENUE

ANCHORAGE, ALASKA 99501

ALASKA RAILROAD CORPORATION

327 W. Ship Creek Avenue Anchorage, AK 99501

Phone 907.265.4470

GRAHAMC@AKRR.COM

June 9, 2026

ITB 26-22-214614

RAILROAD TIE DISPOSAL SERVICES

Response Required: This page must be completed and returned to ensure receipt of future addenda or additional information. Please e-mail this form to GrahamC@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 Bid/bid submittal.

Company ______________________________________________________

Address ______________________________________________________

Contact ______________________________________________________

Phone ______________________________________________________

Email ______________________________________________________ www.AlaskaRailroad.com

327 W. Ship Creek Avenue

Anchorage, AK 99501 Phone 907.265.4470

GRAHAMC@AKRR.COM

JUNE 9, 2026

THIS IS NOT AN ORDER

INVITATION TO BID (ITB) #26-22-214614

The Alaska Railroad Corporation (“ARRC”) is soliciting bids from interested parties for the purchase of:

RAILROAD TIE DISPOSAL SERVICES

SEALED BIDS WILL BE RECEIVED AT:

Alaska Railroad Corporation Attn: Candice Graham 327 West Ship Creek, Anchorage, Alaska 99501

BIDS WILL BE RECEIVED UNTIL 3:00 PM LOCAL TIME, WEDNESDAY, JUNE 30, 2026 AT

3:00 PM LOCAL TIME. AT THAT TIME BIDS WILL BE PUBLICLY OPENED.

Interested parties are invited to submit a bid form contained herein which must be hand delivered or mailed to the above address. Bids received via email or facsimile transmission will be considered non-responsive. Bids must be complete and in U.S. dollars. See instructions and conditions enclosed herein.

IMPORTANT: Work associated with this ITB is funded in part by funds from the Federal Transit Administration and ARRC. This solicitation package contains some provisions that are designated as applicable to FTA and ARRC funded projects.

ARRC may award a contract resulting from this solicitation to the responsive bidder whose bid 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 incorporated in this solicitation.

Bids received by e-mail transmission will not be considered for award. Bids shall be submitted on the forms furnished herein. Amendments, or withdrawals must be received by ARRC's Contracts Section prior to the scheduled time of bid opening.

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

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

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

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.

Return your bid in a sealed envelope, the envelope used in submitting your offer shall be plainly marked with the following information:

1. Offeror’s name.

2. Offer number 26-22-214614

3. Date and time scheduled for the receipt of offers.

4. Offer: RAILROAD TIE DISPOSAL SERVICES

Please direct all responses and/or questions concerning this invitation to bid in writing to Candice Graham via email; GrahamC@akrr.com.

Sincerely, Candice Graham Contract Administration Specialist

SOLICITATION INDEX

SECTION A: REQUIRED DOCUMENTS

SECTION B SPECFIC TERMS AND CONDITIONS

SECTION C: STATEMENT OF SERVICES

SECTION D: FORMS -

BID BOND

PERFORMANCE BOND

CONTRACTOR RESPONSIBILITY QUESTIONNAIRE

SERVICE BID FORM

SUBCONTRACTOR LIST

SECTION E: GENERAL SERVICES TERMS & CONDITIONS

SECTION F: REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID

CONTRACTS

SECTION G: FEE SCHEDULE

ATTACHMENTS:

1. ARRC TIE DISPOSAL LAND USE FIGURE

SECTION 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. Service Bid Form

2. Bid Bond

3. Contractors Responsibility Questionnaire

4. Fee Schedule

6. Required Contract Provision for Federal-Aid Contracts :

# 25. Certification Regarding Use of Contract Funds for Lobbying

- 31 USC 1352; 2 CFR 200.450; 2 CFR 200 App. II(j); 49 CFR Part 20

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

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. Performance Bond - [Form 395-0127]

3. Alaska Business License

SECTION B SPECIFIC TERMS AND CONDITIONS

Terms and Conditions: Any contract resulting from this Request for Proposals shall incorporate all of the terms and conditions referenced in this solicitation package.

Period of Performance: The contract shall be in effect for two (2) years in duration from the date of execution. The period of performance hereunder may be extended by ARRC for an additional three (3) one year extensions. The total duration of the contract, including the exercise of any options shall not exceed five (5) years.

Prices:

Prices will be firm for the first year of the contract. Price escalation for the additional years may be granted upon thirty (30) days notification by vendor to the contract administrator for to the option year exercised. Approval for the price escalation shall only be granted based on the consumer price index (CPI) or historic price/cost data supplied by the vendor that clearly is verifiable and shows a vendor cost that reflect the same gross profit percentage as the base offer herein. Vendor’s profit margin cannot be increased during the term of this agreement for any renewals or extensions granted.

Invoices Contractor shall submit itemized invoices to ARRC within five (5) days after the last day of each month showing charges for services rendered. Contractor shall reference their contract number on all invoices

Contractor Liability: The contractor shall be liable for any damage or loss to ARRC property resulting from any act or omission on the part of the Contractor or its agents and/or subcontractor while on or in possession of ARRC property. The basis for evaluation of such damage or loss shall be the cost of repairing such damage or replacing any items that in the opinion of the Contracting Officer is irreparable. In the event of negligence or failure on the part of the Contractor to promptly make such repairs and/or replacements, such costs as may be incurred by ARRC to remedy the loss shall be deducted from any amount due, or to become due, under the contract. The Contractor shall not, however, be liable for loss or destruction of, or damage to ARRC property if such loss or destruction of, or damage to, ARRC property is due to causes resulting from normal and expected operational procedures or from causes beyond the control of and without the fault or negligence of the Contractor or its agents and/or subcontractors.

Safety and Protection: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

(1) All employees on the site and other persons and organizations who may be affected thereby;

(2) All the work and materials and equipment to be incorporated therein, whether in storage on or off the site; and

(3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities.

In the performance of this contract, the Contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation. The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the ARRC may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor with no change in contract amount, except damage or loss attributable to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God, or the public enemy or governmental authorities. The Contractor shall designate a responsible safety representative at the site. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the

ARRC.

Work Safety on Railroad Property: The safety of personnel, property, rail operations, and the public is of paramount importance in the prosecution of the work pursuant to this contract. As reinforcement and in furtherance of overall safety measures to be observed by Contractor (and not by way of limitation), the following special safety rules shall be followed while working on Alaska Railroad Corporation (“ARRC”) property. Further railroad safety information may be obtained from the ARRC Safety Office. Safety information is also available on the ARRC website at www.alaskarailroad.com.

Evaluation of Bids: Bids will be evaluated in accordance with the provisions of ARRC Procurement Rule 1200.7. Alternative delivery locations, if supplied are intended to provide ARRC a range of comparative costs which will allow identification of the combinations most responsive to ARRC's need.

Bidders shall submit bid prices for any or 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.

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.

Successful Contractor shall obtain an Alaska Business License, and shall be responsible for keeping it current for the year of the contract working. This is a requirement of the State of Alaska and a requirement for any Contractor working on public projects in the State of AK.

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

SECTION C

STATEMENT OF SERVICES

The Alaska Railroad Corporation (ARRC) is a full-service railroad providing passenger and freight transportation services within Alaska. ARRC operates and maintains over 650 miles of track, serving communities from the ports of Seward and Whittier in Southcentral Alaska north to Fairbanks in the Interior.

ARRC is seeking bids for the in-state disposal, processing, recycling, or reuse of approximately 45,000 used railroad ties per year.

ARRC intends to provide flexibility to bidders regarding disposal location methods. Bidders may propose one or more of the following approaches:

1. Use of the ARRC-provided Area of Use in Birchwood Yard, as depicted in the Tie Disposal Area Bid Figure;

2. Disposal or processing at an alternate location along ARRC’s main line rail belt within Alaska, provided the location is identified in the bid and approved by ARRC prior to award; or

3. A combination of both approaches.

All proposed locations are subject to ARRC operational, environmental, and Real Estate approval.

ARRC will not provide transportation, delivery, or shipping of railroad ties outside the State of Alaska. Any contractor proposing to transport railroad ties outside of Alaska shall be solely responsible for all logistics, costs, regulatory compliance, and permitting associated with such transportation and disposal. ARRC makes no representation regarding the availability of rail, barge, or other transportation for out-of-state disposal and assumes no responsibility for coordinating or supporting such activities.

1. Material Description Railroad ties are treated with creosote and may have steel hardware attached. Tie dimensions vary and include standard cross ties as well as switch and bridge ties of greater lengths.

Quantities will be converted to standard cross-tie equivalents for payment purposes. Final quantities will be verified and agreed upon at the time of delivery.

2. Disposal Location Requirements ARRC will consider any in-state disposal location capable of receiving rail service from ARRC.

Proposed locations must be identified in the bid and pre-approved by ARRC prior to award.

3. ARRC-Provided Area of Use (Birchwood Yard) ARRC has designated a specific Area of Use within the Birchwood Yard that is included under the base contract, as shown in the Tie Disposal Area Bid Figure. Contractor operations are restricted to this area unless an additional permit is issued by ARRC Real Estate.

4. Use of Additional Areas Any ties stored or processed outside the defined Area of Use requires a Special Land Use Permit and may be subject to fees.

5. Delivery and Handling ARRC will deliver ties via railcar. Railcars must be completely unloaded, cleaned off, and ready for retrieval within five business days. Ties must be removed from ARRC property within fifteen business days unless otherwise authorized.

6. Temporary Facilities, Campers, and Office Setups No campers, trailers, office units, conex containers, or temporary facilities may be placed on ARRC property without prior written approval and a Special Land Use Permit issued by ARRC Real Estate. This includes power hookups or utilities serving such facilities. Unauthorized setups may be removed at the contractor’s expense.

7. Contractor Responsibilities The contractor is responsible for all permitting, regulatory compliance, housekeeping, environmental protections, and avoiding interference with ARRC operations.

8. Schedule Deliveries are anticipated primarily between July and November, at an average of 850 ties per railcar, approximately 5–10 railcars every 2–3 weeks.

9. Environmental Requirements and Regulatory Compliance Railroad ties provided under this contract are treated wood products and are preserved using creosote, which consists of a mixture of creosote oil and residuum oil. As such, used railroad ties are subject to applicable federal, state, and local environmental, disposal, reuse, recycling, and handling regulations.

Upon taking possession of the ties, the Contractor assumes full responsibility for ensuring that all activities associated with the transportation, storage, processing, reuse, recycling, treatment, and/or disposal of the ties are performed in full compliance with all applicable laws, regulations, and permit requirements. These requirements include, but are not limited to:

United States Environmental Protection Agency (EPA) regulations;

Resource Conservation and Recovery Act (RCRA) and implementing regulations;

40 CFR Part 241 (when applicable), including requirements related to solid waste determination and legitimate use standards;

Alaska Department of Environmental Conservation (ADEC) regulations; and

Any additional federal, state, or local environmental, land-use, or public health requirements applicable to the proposed disposal or use method.

The Contractor is solely responsible for:

Determining the regulatory status of the material under its proposed disposal or reuse method;

Obtaining and maintaining all required permits, approvals, and authorizations;

Coordinating with regulatory agencies as necessary; and

Ensuring that no action taken under this contract causes ARRC to be in violation of any environmental or disposal regulations.

ARRC makes no representation or warranty regarding the regulatory classification of used railroad ties once transferred to the Contractor. Failure to comply with applicable environmental or disposal requirements may result in suspension of deliveries, assessment of damages or fees, and/or termination of the contract for default.

10. Pricing Bidders shall provide a price per standard cross-tie equivalent.

SECTION D

FORMS

- INTENTIONALLY LEFT BLANK -

ALASKA RAILROAD CORPORATION – BID BOND

ITB # 26-22-214614 RAILROAD TIE DISPOSAL SERVICES

DATE BOND EXECUTED

PRINCIPAL (Legal name and business address)

TYPE OF ORGANIZATION

☐ INDIVIDUAL ☐ PARTNERSHIP

☐ JOINT VENTURE ☐ CORPORATION

9 STATE OF INCORPORATION

SURETY(IES) (Name and business address)

A. B. C.

PENAL SUM OF BOND

DATE OF BID

We, the PRINCIPAL and SURETY above named, are held and firmly bound to the Alaska Railroad Corporation (ARRC), in the penal sum of the amount stated above, for the payment of which sum will be made, we bind ourselves and our legal representatives and successors, jointly and severally, by this instrument.

THE CONDITION OF THE FOREGOING OBLIGATION is that the Principal has submitted the accompanying bid or proposal in writing, date as shown above, on the following project: , in accordance with contract documents filed in the office of the Contracting Officer, and under the Invitation for Bids therefore, and is required to furnish a bond in the amount stated above.

If the Principal's bid is accepted and he/she is offered the proposed contract for award, and if Principal fails to enter into the contract, then the obligation to ARRC created by this bond shall be in full force and effect.

If the Principal enters into the contract, then the foregoing obligation is null and void.

PRINCIPAL

Signature(s) 1. 2. 3. Corporate

Seal

Name(s) & Titles [Typed]

1. 2. 3.

CORPORATE SURETY(IES)

S U R E T Y

A

Name of Corporation

State of Incorporation Liability Limit

Signature(s)

1. 2.

Corporate Seal

Name(s) & Titles

[Typed]

1. 2.

INSTRUCTIONS

1. This form shall be used whenever a bid bond is submitted.

2. Insert the full legal name and business address of the Principal in the space designated. If the Principal is a partnership or joint venture, the names of all principal parties must be included (e.g., "Smith Construction, Inc.

and Jones Contracting, Inc. dba Smith/Jones Builders, a Joint Venture"). If the Principal is a corporation, the name of the state in which incorporated shall be inserted in the space provided.

3. Insert the full legal name and business address of the Surety in the space designated. The Surety on the bond may be any corporation or partnership authorized to do business in Alaska as an insurer under AS 21.09.

Individual sureties will not be accepted.

4. The penal amount of the bond may be shown either as an amount (in words and figures) or as a percent of the contract bid price (a not-to-exceed amount may be included).

5. The scheduled bid opening date shall be entered in the space marked Date of Bid.

6. The bond shall be executed by authorized representatives of the Principal and Surety. Corporations executing the bond shall also affix their corporate seal.

7. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

8. The states of incorporation and the limits of liability of each surety shall be indicated in the spaces provided.

9. The date that bond is executed must not be later than the bid opening date.

Form 395-0120

CORPORATE SURETY(IES)

S U R E T Y

B

Name of Corporation

State of Incorporation Liability Limit

Signature(s)

1. 2.

Corporate Seal

Name(s) & Titles

[Typed]

1. 2.

CORPORATE SURETY(IES)

S U R E T Y

C

Name of Corporation

State of Incorporation Liability Limit

Signature(s)

1. 2.

Corporate Seal

Name(s) & Titles

[Typed]

1. 2.

ALASKA RAILROAD CORPORATION – PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

That__________________________________________________________________________ of: ____________________________________________________________________ as Principal, and ________________________________________________________________ of: ____________________________________________________________________as Surety, firmly bound and held unto the Alaska Railroad Corporation in the penal sum of _______________________________________________________ Dollars ($________________), good and lawful money of the United States of America for the payment whereof, well and truly to be paid to the Alaska Railroad Corporation, we bind ourselves, our heirs, successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal has entered into a written contract with said Alaska Railroad Corporation, on the

____________ of ____________, 20_____, for_________________________________________________________, said work to be done according to the terms of said contract. ARRC Project: ITB 26-22-214614

RAILROAD TIE DISPOSAL SERVICES

NOW, THEREFORE, the conditions of the foregoing obligation is such that if the said Principal shall well and truly perform and complete all obligations and work under said contract and if the Principal shall reimburse upon demand of the Alaska Railroad Corporation any sums paid him/her which exceed the final payment determined to be due upon completion of the project, then these presents shall become null and void; otherwise they shall remain in full force and effect.

IN WITNESS WHEREOF, We have hereunto set our hands and seals this _____ day of _______________, 20_____.

Principal:________________________________________________

Address: ______________________________________________

Telephone Number: ______________________________________

Contact Name: __________________________________________

By: __________________________

By: ___________________________

Surety: _________________________________________________

Address: ________________________________________________

Contact Name: ___________________________________________

By: ___________________________

By: ___________________________

The offered bond has been checked for adequacy under the applicable statutes and regulations:

Alaska Railroad Corporation [Authorized Representative] Date

(Instructions on Next Page)

INSTRUCTIONS

1. This form shall be used whenever a performance bond is required. There shall be no deviation from this form without approval from the Contracting Officer.

2. The full legal name, business address, telephone number, and point of contact of the Principal and Surety shall be inserted on the face of the form. Where more than a single surety is involved, a separate form shall be executed for each surety.

3. The penal amount of the bond, or in the case of more than one surety the amount of obligation, shall be entered in words and in figures.

4. The bond shall be signed by authorized persons. Where such persons are signing in a representative capacity (e.g., an attorney-in-fact), but is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved, evidence of authority must be furnished.

CONTRACTOR RESPONSIBILITY QUESTIONNAIRE

PART I - INSTRUCTIONS

1. All Bidders/Offerors submitting a Bid/Bid for federally funded contracts are to complete and submit all Parts of this Questionnaire with their Bid or Bid. Failure to complete and return this questionnaire, any false statements, or failure to answer question when required, may render the bid/Bid 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/Offeror 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 “Offeror” includes the term “Bidder” and also refers to the firm awarded the Contract.

The term “Bid” includes the term “Bid”.

5. ARRC reserves the right to inquire further with respect to Offeror’s responses; and Offeror 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 Offeror’s Bid which is or may be construed as unfavorable to Offeror will not necessarily automatically result in a negative finding on the question of Offeror’s responsibility or a decision to terminate the contract if it is awarded to Offeror.

PART II - IDENTITY OF OFFEROR

1. Offeror's Full Legal Name: ________________________________________

2. The Offeror 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. Offeror's federal taxpayer identification number: _______________________

4. Offeror's Alaska business license number: _____________________________

5. Offeror's contractor’s license number (for construction only): _______________

6. Offeror's legal address: ___________________________________________

Telephone Number: (____) ___________________ Fax Number: (____)______

7. Offeror’s local or authorized point of contract address:

Name:_________________________________ Title:_____________________

Address: ________________________________________________________

Telephone Number: (____) _______________ Email: ____ __________

8. How long has the Offeror been in business? __________________________

9. Has Offeror 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 Offeror 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 Offeror as prime contractor or joint venture. Offeror need not provide more than three such descriptions.

YES NO

2. Has the Offeror 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 Offeror acted as prime contractor or joint venture. Offerors 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 QUESTIONNAIRE.

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

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

YES NO

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?

YES NO

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

YES NO

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?

YES NO

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 Offeror 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 Offeror 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 Offeror’s resources, such as management, technical expertise, financing, facilities, equipment, etc.

YES NO

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 Offeror, 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 Offeror, any of its principals, officers or partners been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law?

YES NO

2. Lawsuits With Public Agencies. At the present time is, or during the past five years has Offeror, 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 Offeror filed for bankruptcy or reorganization under the bankruptcy laws?

YES NO

4. Judgments, Liens And Claims. During the past five years, has the Offeror 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 Offeror been the subject of a tax lien by federal, state or any other tax authority?

YES NO

PART V-COMPLIANCE WITH LAWS AND OTHER REGULATIONS

1. Criminal: In the past five years has the Offeror, 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?

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

YES NO

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

YES NO

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

YES NO

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

YES NO

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

YES NO

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

YES NO

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

YES NO

2. Regulatory Compliance. In the past five years, has Offeror 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. Offeror’s current Alaska Business License, if required by state law.

2. Offeror’s Financial Statements may be requested:

A. PUBLICLY TRADED COMPANIES: Financial information will be accessed on-line.

However, if additional information is needed, it will be specifically requested from the Offeror.

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 may be requested.

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 Offeror 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 Offeror to participate in ARRC projects as contractor, subcontractor, vendor, supplier, or Contractor. 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 Offeror. 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 OFFERORS

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 Offeror from doing business with, or performing work for ARRC, either as a vendor, prime contractor, subcontractor, Contractor or subcontractor 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.

SERVICE BID FORM of

NAME ______________________________________________________

ADDRESS ______________________________________________________

To the CONTRACTING OFFICER, ALASKA RAILROAD CORPORATION:

In compliance with your Request for Qualifications No. 26-22-214614, dated ______________, the Undersigned proposes to furnish and deliver all the services and perform all the work required in said Invitation according to the scope of work 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 contract.

The Undersigned hereby agrees to execute said contract and bonds, if any, within Ten (10) Calendar Days, or such further time as may be allowed in writing by the Contracting Officer, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the Undersigned does not, the accompanying Bid guarantee, if any, shall be forfeited to the Alaska Railroad Corporation, 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 scope of work for this Request for Qualifications (give number and date of each).

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

NON-COLLUSION AFFIDAVIT

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

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

Name and Title of Person Signing Signature

Telephone Number E-Mail Address

FORM 395-0129

SUBCONTRACTOR LIST

[First Tier Subcontractors Only]

The apparent low bidder shall complete this form and submit it so as to be received by the Contracting Officer prior to the close of business on the Fifth (5th) Working Day after receipt of written notice from the Alaska Railroad Corporation.

Failure to submit this form with all required information by the due date will result in the bidder being declared non-responsive and may result in the forfeiture of the Bid Security.

Scope of work must be clearly defined. If an item of work is to be performed by more than one (1) firm, indicate the portion or percent of work to be done by each.

Check as applicable: All work on the below-referenced project will be accomplished without subcontracts greater than ½ of 1% of the contract amount.

Or

Subcontractor List is as follows:

FIRM NAME,

ADDRESS,

TELEPHONE

NUMBER

BUSINESS LICENSE

NUMBER AND

CONTRACTOR’S

REGISTRATION NUMBER

SCOPE OF WORK TO

BE PERFORMED

TOTAL DOLLAR

AMOUNT OF

WORK

[CONTINUE SUBCONTRACTOR INFORMATION ON ADDITIONAL SHEET]

I hereby certify that the above-listed licenses and registrations were valid at the time bids were received for this project. For contracts involving Federal-aid funding, Alaska Business License and Contractor Registration will be required prior to award of a subcontract.

COMPANY NAME SIGNATURE BY AND FOR THE BIDDER

COMPANY ADDRESS PRINTED NAME OF BIDDER

COMPANY ADDRESS DATE OF BID

CONTACT PHONE NUMBER CONTACT E-MAIL ADDRESS

SECTION E

GENERAL TERMS AND CONDITIONS

(General Service Contracts) (Revised 4/29/08)

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

1. Definitions.

“ARRC” shall mean the Alaska Railroad Corporation.

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

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

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

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

3. Claims. Any claim by Contractor for additional compensation or equitable adjustment arising under this contract which is not disposed of by mutual agreement must be made by Contractor in accordance with the time limits and procedures specified in sections 1800.12 et seq. of ARRC's Procurement Rules, which by this reference are hereby incorporated herein.

4. Nondiscrimination.

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

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

4.3 Full cooperation in Paragraph 4.2 includes, but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of the State of Alaska; permitting employees of the Contractor to be witnesses or complainants in any proceeding involving questions of unlawful discrimination, if that is requested by any official or agency of the State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects of present and future employment;…