RFP 24-30-211507 MEDICAL SERVICES ANCORAGE

Page 1 of 28 ARRC New 110 Ton 64’ General Service Flat Cars INVITATION TO BID 24-22-211851 MARCH 18, 2024 Page 2 of 28 March 18, 2024 Invitation to Bid 24-22-211851 ARRC New 110 Ton 64’ General Service Flat Cars Cover Sheet Response Required: This page must be completed and returned to ensure receipt of future addenda or additional information. Please email this form to ThompsonC@akrr.com All addenda will be forwarded to the contact name and number listed below. Firms that have not returned the cover sheet will not be informed of addendums and will only be alerted to addendums by checking with the ARRC procurement officer or by checking ARRC’s internet site: www.akrr.com, select Suppliers and then Solicitations. Bidders must acknowledge the receipt of all issued addendums in their proposal/bid submittal. Company Name

____________________________________________________ Mailing Address ____________________________________________________ City, State, Zip ____________________________________________________ Contact Name ____________________________________________________ Phone Number _______________________ Fax ________________________ Email Address ____________________________________________________ The Alaska Railroad Corporation web site www.alaskarailroad.com Alaska Railroad Corporation 327 W. Ship Creek Avenue Anchorage, AK 99501 ThompsonC@akrr.com 907.265.2355 P 907.854.3141 C Page 3 of 28 (THIS IS NOT AN ORDER) INVITATION TO BID NUMBER: 24-20-211851 ARRC New 110 Ton 64’ General Service Flat Cars DATE OF INVITATION TO BID: March 18, 2024 ALASKA RAILROAD CORPORATION CONTRACTS SECTION 327 W SHIP CREEK AVE ANCHORAGE, ALASKA 99501 ATTENTION: C. LEE THOMPOSON (907) 265-2355 CELL. NUMBER (907) 854-3141 ThompsonC@akrr.com SEALED BIDS WILL BE RECEIVED AT: Alaska Railroad Corporation Attn. C. Lee Thompson 327 W. Ship Creek Avenue, Anchorage, Alaska 99501 Offers will be received until 3:00 pm local time on April 10, 2024. At which time bids will be publicly opened. IMPORTANT The Alaska Railroad Corporation (“ARRC”) is soliciting bids from interested parties to supply 110 Ton 64’ General Service Flat Cars as specified herein. Interested parties are invited to submit a bid to provide said services to ARRC. Bids must be submitted on the bid forms contained herein and must be mailed or delivered to the above address. Bids received via email or facsimile transmission will be considered non-responsive. The bid shall be in a sealed envelope with the bid number 24-22-211851 clearly printed on the face of the envelope. Bids must be complete and in U.S. dollars. See instructions and conditions enclosed herein. ARRC reserves the right to reject any and all bids, or any part thereof, negotiate changes in bids, accept any bids or any part thereof, waive minor informalities or defects in any bids, and not to award the proposed contract if it is in the best interest of the ARRC. ARRC shall not be held responsible for bidder’s lack of understanding of what is required by this bid. Should a bidder not understand any aspect of this bid, or require further explanation, or clarification regarding the intent or requirements of this bid, it shall be the responsibility of the bidder to seek guidance from the ARRC. ARRC may award a contract resulting from this solicitation to the responsive offer whose offer conforming to this solicitation will be the most advantageous to the ARRC. ARRC may reject any or all offers if such action is in the best interest of ARRC, and waives informalities and minor irregularities in offers received. Any resulting contract from this solicitation shall incorporate the Standard Instructions, and General Terms and Conditions incorporated in this solicitation. Page 4 of 28 This solicitation is not to be construed as a commitment of any kind nor does it commit the ARRC to pay for any costs incurred in the submission of an offer or for any other incurred cost prior to the execution of a formal contract BIDDER/VENDOR TERMS AND CONDITIONS: PROSPECTIVE BIDDERS ARE CAUTIONED TO PAY PARTICULAR ATTENTION TO THIS CLAUSE. Bidder/contractor imposed terms and conditions which conflict with this Invitation to Bid terms and conditions are considered counter offers and, as such, will cause the Alaska Railroad Corporation to consider the bid non-responsive. If a bidder attaches additional terms and conditions as part of the bid, such attachments must be accompanied by a disclaimer stating that in the event of conflict between the terms and conditions of this Invitation to Bid and the terms and conditions of the bidder/contractor, the terms and conditions of the Invitation to Bid will prevail. 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 agencies within the U.S. Department of Transportation (USDOT), including the Federal Transit Administration (FTA), the Federal Railroad Administration (FRA), and the Federal Highway Administration (FHWA). ARRC has a race-neutral DBE Program and does not set DBE goals on individual solicitations. Nonetheless, ARRC aspires to achieve an overall DBE participation of 4.0% in federal fiscal years 2022-2024 on USDOT-funded contracts. If this contract is funded in whole or in part by funds from the USDOT, it is imperative that you consult the Federal Terms and Conditions portion of this solicitation. The Alaska Railroad is a member of Green Star (http://www.greenstarinc.org/). ARRC earned an initial Green Star Award in 1994 and a Green Star Air Quality Award in 2007. The Alaska Railroad considers Green Star membership to be a positive business attribute, and regards a Green Star award as a tangible sign of an organization’s commitment to environmental stewardship and continual improvement within its operations. Please direct all responses and/or questions concerning this invitation to bid to C. Lee Thompson, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, cell number 907.854.3141, telephone number 907.265.2355, email address ThompsonC@akrr.com. Questions must be submitted in written form prior to April 4th. Questions submitted after that date will not be accepted. Sincerely, C. Lee Thompson C. Lee Thompson Contract Administrator Page 5 of 28 INDEX APPENDIX A: MINIMUM QUALIFICATIONS AND ALASKA BIDDERS PREFERENCE APPENDIX B: STANDARD INSTRUCTIONS AND CONDITIONS FOR THE SUBMISSION OF BIS TO THE ALASKA RAILROAD CORPORATION APPENDIX C: SPECIFICATIONS APPENDIX D: CONTRACTORS RESPONSIBILITY QUESTIONNAIRE APPENDIX E: SUPPLY BID FORM APPENDIX F: GENERAL TERMS AND CONDITIONS APPENDIX G: SPECIFIC TERMS AND CONDITIONS APPENDIX H: COST SCHEDULE REQUIRED DOCUMENTS Bids must be submitted in the spaces provided on the Cost Schedule 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 be included along with the bid in the sealed bid envelope. Bidder/contractor imposed terms and conditions which conflict with the terms and conditions of this Invitation to Bid 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. Bids will not be considered responsive if the following documents are not completely filled out and submitted at the time of the bidding: 1. Cost Schedule: Appendix H 2. Contractor’s Responsibility Questionnaire: Appendix D 3. Supply Bid Form: Appendix E 4. Drawings/Pictures of Proposed Cars Page 6 of 28 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 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. ALASKA BIDDERS PREFERENCE ALASKA BIDDER PREFERENCE: Award will be made to the lowest responsive and responsible bidder after an Alaska bidder preference of five percent (5%) has been applied. The preference will be given to a person who: (1) holds a current Alaska business license at the time designated in the invitation to bid for bid opening; (2) submits a bid for goods or services under the name on the Alaska business license; (3) has maintained a place of business within the state staffed by the bidder, or an employee of the bidder, for a period of six months immediately preceding the date of the bid; (4) is incorporated or qualified to do business under the laws of the state, is a sole proprietorship and the proprietor is a resident of the state, is a limited liability company organized under AS 10.50 and all members are residents of the state, or is a partnership under AS 32.06 or AS 32.11 and all partners are residents of the state; and, (5) if a joint venture, is composed entirely of ventures that qualify under (1) - (4) of this subsection. Page 7 of 28 APPENDIX B STANDARD INSTRUCTIONS AND CONDITIONS FOR THE SUBMISSION OF BIDS TO THE ALASKA RAILROAD CORPORATION 1. 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 be included along with the bid in the sealed bid envelope. 2. Bidder’s Terms and Conditions: Prospective bidders are cautioned to pay particular attention to this clause. Bidder/Contractor imposed terms and conditions which conflict with this Invitation to Bid terms and conditions are considered counter offers and, as such, will cause the Alaska Railroad Corporation to consider the bid non-responsive. If a Bidder attaches additional terms and conditions as part of the bid, such attachments must be accompanied by a disclaimer stating that in the event of conflict between the terms and conditions of this Invitation to Bid and the terms and conditions of the Bidder/Contractor, the terms and conditions of the Invitation to Bid will prevail. 3. Amendments The ARRC procurement officer will attempt to notify all who are known to have received the solicitation documents if any amendments are issued, but it shall be the bidder's responsibility to ascertain prior to submitting a bid that he/she has received all amendments issued. 4. Submission of Bids 4.1 Interested vendors shall submit an original and one copy of their bids in sealed envelopes or packages (1) addressed to the office specified in the solicitation and (2) showing the time specified for receipt, the solicitation number, and the name and address of the bidder. Bids must be received by ARRC no later than the local time at the place and on the date set for receipt of bids in the solicitation. 4.2 Any required samples must be submitted within the time specified for receipt of bids. Unless otherwise specified in the solicitation, these samples shall be (1) submitted at no expense to the ARRC and (2) returned only upon the sender's request and at their expense. 4.3 ARRC may postpone the date and time announced for receipt of bids. Such postponement may be made at any time prior to the established date and time for receipt of bids by notice and addendum to the solicitation to all known potential bidders. 5. Explanation to Prospective Bidders Bidders shall promptly notify ARRC of any ambiguity, inconsistency, conflict, or error which they may discover upon examination of the solicitation documents. All inquiries regarding a solicitation shall be directed to the ARRC representative specified in the solicitation. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bid. To facilitate the exchange of information, vendors' questions regarding a solicitation may be communicated by telephone, and then confirmed in writing. Oral explanations or instructions given before award of the contract will not be binding. Oral explanations or instructions given to a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if in the opinion of ARRC, such information is deemed necessary to submit bids or if the lack of it would be prejudicial to other prospective bidders Page 8 of 28 6. Late Submissions, Modifications, and Withdrawals of Bids/Proposals 6.1 Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless the delay was due to an ARRC error. 6.2 The only acceptable evidence to establish the time of receipt at the ARRC is the time/date stamp of ARRC's Procurement Office on the bid wrapper or other documentary evidence of receipt maintained by ARRC. 6.3 Correction, modification, or withdrawal of bids will be allowed only as stated in ARRC Procurement Rule 1200.8. 7. Preparation of Bids/Proposals 7.1 Bidders are expected to carefully examine the solicitation documents including all drawings, specifications, schedules, terms and conditions, and all instructions. Failure to do so will be at the bidder's risk. Incomplete bids may be rejected as nonresponsive. 7.2 Each bidder shall furnish all information required by the solicitation. An officer or other official of the vendor’s company who has legal authority to commit the vendor to the contract proposed must sign the bid. The person signing the bid must initial erasures or other changes. 7.3 Bids for supplies or services other than those specified, or bids conditioned upon receiving award of all or a portion of the contract shall be deemed nonresponsive and shall be rejected unless authorized by the solicitation. 7.4 Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. 8. Evaluation of Bids and Contract Award ARRC shall review and evaluate each submission in accordance with the criteria established in the solicitation and ARRC's Procurement Rules. In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to ARRC that might result from making more than one award (multiple awards). 9. Reservations In addition to other rights in the solicitation, ARRC reserves, holds and may exercise at its sole discretion, the following rights and options: 9.1 ARRC may reject any or all bids, or any part thereof, and may waive technicalities and minor informalities if such action is deemed to be in its best interest. ARRC also may reject the bid of any vendor who has previously failed to perform adequately under a prior contract for furnishing supplies/services to ARRC. 9.2 If an award is made and, prior to entering into a contract, subsequent information indicates that such award was not in the best interest of ARRC, ARRC may rescind the award without prior notice to bidders and either award to another bidder or reject all bids. 9.3 ARRC may cancel any contract, if in its opinion the vendor fails at any time to perform adequately, or if there is any attempt to willfully impose goods/services upon ARRC which are, in ARRC's opinion, of an unacceptable quality. Any action taken pursuant to this latter stipulation shall not affect or impair any rights or claim of ARRC to damages for breach of any covenants of the contract by the vendor. 9.4 If the vendor fails to furnish any item or to complete the required work included in the contract, ARRC may withdraw such items or required work from the operation of the contract without incurring further liability. 9.5 ARRC may accept any item or group of items of a bid unless the bidder qualifies the bid by specific limitation. 9.6 ARRC may make an award on any item or quantities less than the quantity offered, at the unit cost or prices offered, unless the bidder specifies otherwise. Page 9 of 28 9.7 ARRC may supplement, amend, or otherwise modify or cancel this solicitation with or without substitution of another solicitation. 9.8 ARRC may conduct investigations of the bidders and their bids and request additional evidence or documentation to support the information included in any bid. 10. Aggrieved Bidder An aggrieved bidder 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. 11. Incurred Costs The issuance of a solicitation does not obligate ARRC to pay for any bid preparation costs incurred by bidders and does not obligate ARRC to award a contract for supplies/services. All costs incurred as a result of a solicitation or contract negotiations resulting from a solicitation, including travel and personal expenses, are the sole responsibility of the bidder. 12. Availability of Funds The ARRC's obligation under any contract is contingent upon the availability of funds to pay for contract purchases. No legal liability on the part of ARRC may arise until funds are made available for a contract and until the Contractor receives written notice of such availability from the procurement officer. Signature by an authorized ARRC representative on the contract award document constitutes written notice of availability of funds. 13. Public Information All submitted bids will be considered confidential until notice of intent to award is issued. After notice of intent to award is issued, all bids will become public information. 14. Price ARRC shall receive the benefit of any general reduction in bidder's price prior to the delivery of supplies or services and in no event shall ARRC be charged higher prices than bidder's similar customers who purchase substantially similar supplies or services under substantially similar circumstances. All prices bid shall be exclusive of any federal, state, or local taxes from which ARRC is exempt. 15. Delivery Date Your bid should indicate the earliest firm delivery date after receipt of award. ARRC shall fully expect the successful contractor to completely satisfy contract performance requirements in accordance with firm delivery dates offered in the Cost Schedule. Page 10 of 28 APPENDIX C SPECIFICATIONS For New 110 Ton 64’ General Service Flat Cars Scope This specification is intended to cover a 110-ton nominal capacity, 64' long New General Service flat car. The car consists of a fish belly center sill, cold rolled channel side sills, and a flat wood floor extending from end sill to end sill. The car is designed to carry loads as specified by AAR Specification M-1001 except as modified below. Will need to accept combinations of 20’, 40’ 45’ and 53’ containers. The car shall be designed to support the following live load distributions: a. A load of 205,000 lbs uniformly distributed over the entire length of the car. b. A load of 205,000 lbs uniformly distributed between the truck centers. c. A load of 150,000 lbs uniformly distributed over the center 40 feet of the car. d. A load of 120,000 lbs uniformly distributed over the center 18 feet of the car. QUALITY ASSURANCE The Contractor shall maintain a formal quality assurance program compliant with ARRC’s Quality Assurance Manual. The program shall provide measures to ensure that adequate design checking and review are completed and that the ARRC receives high-quality and technically correct deliverable documents. ARRC may at any time request a copy of the document describing contractor’s quality assurance program for review and approval. Upon review of the document, ARRC reserves the right to impose additional quality assurance measures as required to ensure compliance with this section. ARRC reserves the right to audit the Contractor’s Quality Assurance Program in its offices with 24- hour notice at any time, and to request copies of project quality assurance documentation to verify compliance with the quality assurance requirements of the ARRC manual and the contractor’s own quality assurance program. Specifications The car shall be designed and built in accordance with the requirements of the following organizations where applicable: Association of American Railroads (AAR) Transport Canada, Railway Safety Directorate (RSD) U.S. Department of Transportation, Federal Railroad Administration (FRA) American Society for Testing and Materials (ASTM) American Welding Society (AWS) Canadian Standards Association (CSA) Clearance The car shall not exceed the AAR Plate C equipment diagram. Page 11 of 28 Quality Assurance To ARR M-1003 Welding Welding practices shall be in accordance with the requirements of the AWS Railroad Welding Specification D15.1. PHYSICAL DATA Weights Gross Load on Rail (stencil 263,000 lbs. max) 286,000 lbs. Minimum Load Limit (Est.) 220,000 lbs. Body Dimensions Lengths Inside Minimum 64' Truck Centers 45' 0" Widths Loading Deck 10’ 4” Minimum Side Sill Width (to Stake Pockets) 10' 4" Inside 9' 4" Heights Top of Deck 3' 10” Trucks Standard car or ACF 100 ton trucks with wear elimination devices Wheelbase 6 foot Center Plate Diameter 16” Brakes Standard 8.5” piston body mounted. ABDX service and emergency valves with 4 Port manifold. Side mount hand brake. ARRC style twist lock container securement The ARRC uses inter-box twist lock, box to box type connectors, for one high container securement. Page 12 of 28 The cars should be designed with a sufficient number of flush with the floor, inter-box connector receptacle securement points that will allow for the loading of four (4) 20 foot containers and combinations of 20, 28, 40, 45, 48 and 53 foot containers. The offerer will be required to provide a general arrangement drawing that demonstrates the loading and placement of all combinations. Provide an appropriate sized on car inter-box connector storage compartment. Draft Gear Draft gear, not EOC cushioning unit Deck Hardwood Species 2-1/2” X 6” car deck width band saw rough cut Mill grade number 1 or number 2 with all squared corners. Ladders extending 24 inches above deck level from side sill at hand brake and opposite corner. Must be bolted on, not hucked. Sill stop shall be flared 2” proud of side sill. SECUREMENT Stake pockets 2 each end Stake pockets 16 each side Stake pockets shall meet AAR Section C-II Manual of Standards RP-208 Curve Negotiability Radius Coupled to AAR Base Car 171' Coupled to Like Car 237' Uncoupled 150' Note: All Mechanical Parts will be consistent throughout Manufacturing series Submittals: Upon acceptance of bid, the successful offeror shall submit the following information for acceptance to ARRC prior to commencing construction:  General plan of the railcar, showing all applicable physical dimensions of the railcar.  Shop drawings showing: o Welding details o Critical dimensions with tolerances o Drilling/punching details o Additional fabrication details as appropriate  Detailed list of mechanical parts included in the build, with manufacturer and model number information.  Location and rail connection of proposed railcar construction facility. Page 13 of 28 APPENDIX D CONTRACTOR RESPONSIBILITY 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: ___________________________________________ Page 14 of 28 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 QUESTIONNAIRE. Page 15 of 28 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? 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 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. YES NO Page 16 of 28 PART IV-CIVIL ACTIONS If “Yes” to Parts IV or V, provide details on a separate sheet of paper including a brief summary of cause(s) of action; indicate if Proposer, its principals, officers or partners were plaintiffs or defendants; define charges explicitly, by what authority, court or jurisdiction, etc. In the case of tax liens, please indicate whether the liens were resolved with the tax authorities. Please submit proof of payment or agreements to pay the liens. Complete details are required! 1. Violations Of Civil Law. In the past five years has Proposer, any of its principals, officers or partners been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law? YES NO 2. Lawsuits With Public Agencies. At the present time is, or during the past five years has Proposer, any of its principals, officers or partners been a plaintiff or defendant in any lawsuit or arbitration regarding services or goods provided to a public agency? YES NO 3. Bankruptcy. During the past five years, has the Proposer filed for bankruptcy or reorganization under the bankruptcy laws? YES NO 4. Judgments, Liens And Claims. During the past five years, has the Proposer been the subject of a judgment, lien or claim of $25,000 or more by a subcontractor or supplier? 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? YES NO 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 Page 17 of 28 E. Non-compliance with the prevailing wage requirements of the State of Alaska or similar laws of any other state? YES NO F. Violation of any law, regulation or agreement relating to a conflict of interest with respect to a government funded procurement? YES NO G. Falsification, concealment, withholding and/or destruction of records relating to a public agreement or transaction? YES NO H. Violation of a statutory or regulatory provision or requirement applicable to a public or private agreement or transaction? YES NO I. Do any principals, officers or partners in Proposer’s company have any felony charges pending against them that were filed either 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? YES NO 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 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 Proposer. B. NON-PUBLICLY TRADED COMPANIES WITH AUDITED OR REVIEWED FINANCIAL Page 18 of 28 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 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. Page 19 of 28 APPENDIX E ALASKA RAILROAD CORPORATION SUPPLY BID FORM NAME ___________________________________________________________ ADDRESS ___________________________________________________________ ___________________________________________________________ To the CONTRACTING OFFICER, ALASKA RAILROAD CORPORATION: In compliance with your Invitation for Bids No. ______________________, dated ___________________, the Undersigned proposes to furnish and deliver all the supplies, materials or equipment and perform all the work required in said Invitation according to the specifications and requirements contained therein and for the amount and prices named herein as indicated on the Cost Schedule, which is made a part of this Bid. The Undersigned hereby agrees to execute the said contract and bonds, if any, within Ten (10) Calendar Days, or such further time as may be allowed in writing by the Contracting Officer, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the Undersigned does not, the accompanying bid guarantee, if any, shall be forfeited to the Alaska Railroad Corporation as liquidated damages, and said Contracting Officer may proceed to award the contract to others. The Undersigned agrees to commence performance within Ten (10) Calendar Days after the effective date of the Notice to Proceed and to complete performance by _________________________, unless extended in writing by the Contracting Officer. The Undersigned acknowledges receipt of the following addenda to the requirements and/or specifications for this Invitation for Bids (give number and date of each). Addendum Number/Dated Addendum Number/Dated Addendum Number/Dated ________________________ _____________________ _______________________ ________________________ _____________________ _______________________ NON-COLLUSION AFFIDAVIT The Undersigned declares, under penalty of perjury under the laws of the United States, that neither he/she nor the firm, association, or corporation of which he/she is a member, has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Bid. ____________________________________________________________________________________ The Undersigned has read the foregoing proposal and hereby agrees to the conditions stated therein by affixing his/her signature below: ________________________________________ _________________________________ Name and Title of Person Signing Signature ________________________________________ ______________________________________ Telephone Number Facsimile Number Form 395-0132 Page 20 of 28 APPENDIX F 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. Page 21 of 28 4.3 Full cooperation in Paragraph 4.2 includes, but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of the State of Alaska; permitting employees of the Vendor to be witnesses or complainants in any proceeding involving questions of unlawful discrimination, if that is requested by any official or agency of the State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects of present and future employment; assisting inspection of the Vendor's facilities; and promptly complying with all State directives considered essential by any office or agency of the State of Alaska to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. 4.4 Failure to perform under this section constitutes a material breach of the contract. 5. Cancellation/Termination. 5.1 ARRC may, for its sole convenience, cancel this contract in whole or in part, at any time by giving written notice of its intention to do so. In the event of such cancellation, Vendor shall be entitled to receive payment in accordance with the payment provisions of this contract for supplies delivered to ARRC and, as to work in progress prior to receipt of notice, ARRC shall pay Vendor only for direct expenditures on work specifically identified to this contract. Vendor shall not be paid for any work done after receipt of a notice of cancellation or for any costs incurred by Vendor's suppliers or subcontractors which Vendor could reasonably have avoided. However, in no event shall ARRC be liable for incidental, consequential, or punitive damages, overhead or other direct or indirect costs, or lost profits. Payments made under this contract shall not exceed the aggregate price specified in this contract. 5.2 In addition to ARRC’s right to cancel this contract for its convenience, ARRC may, by written notice of default to Vendor, terminate the contract in whole or in part in the following circumstances: (1) The Vendor refuses or fails to perform its obligations under the contract, or fails to make progress so as to significantly endanger timely completion or performance of the contract in accordance with its terms, and Vendor does not cure such default within a period of ten (10) days after receipt of written notice of default from ARRC or within such additional cure period as ARRC may authorize; or (2) Reasonable grounds for insecurity arise with respect to Vendor’s expected performance and Vendor fails to furnish adequate assurance of due performance (including assurance of performance in accordance with the time requirements of the contract) within ten (10) days after receipt of a written request by ARRC for adequate assurance; or (3) Vendor becomes insolvent or makes an assignment for the benefit of creditors or commits an act of bankruptcy or files or has filed against it a petition in bankruptcy or reorganization proceedings. 5.3 Upon receipt of a notice of cancellation or termination, Vendor shall immediately discontinue all work and it shall immediately cause any of its suppliers or subcontractors to cease such work unless the notice directs otherwise. In the event of termination for default, Vendor shall be liable for any damage to ARRC resulting from the Vendor's nonperformance. The rights and remedies of ARRC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 6. No Assignment or Delegation. The Vendor may not assign, subcontract or delegate this contract, or any part of it, or any right to any of the money to be paid under it, except with the prior written consent of ARRC. No such approval shall relieve Vendor from any of its obligations or liabilities under this contract. Page 22 of 28 7. Independent Contractor. The Vendor’s relationship to ARRC in performing this contract is that of an independent contractor and nothing herein shall be construed as creating an employer/employee relationship, partnership, joint venture or other business group or concerted action. 8. Payment of Taxes. As a condition of performance of this contract, the Vendor shall pay all federal, state, and local taxes incurred by the Vendor and shall require their payment by any subcontractor or any other persons in the performance of this contract. Satisfactory performance of this paragraph is a condition precedent to payment by ARRC under this contract. 9. Governing Law. This contract, and all questions concerning the capacity of the parties, execution, validity (or invalidity) and performance of this contract, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Alaska. 10. Alaska Executive Branch Ethics Act Requirements. No officer or employee of the State of Alaska or of the ARRC and no director of the ARRC or legislator of the state shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. Vendor shall exercise reasonable care and diligence to prevent any actions or conditions which could be a violation of Alaska Statute 39.52 et seq. Vendor shall not make or receive any payments, gifts, favors, entertainment, trips, secret commissions, or hidden gratuities for the purpose of securing preferential treatment or action from or to any party. This obligation will apply to the activities of Vendor’s employees and agents in their relations with ARRC employees, their families, vendors, subcontractors, and third parties arising from this contract and in accomplishing work hereunder. Certain gratuities may be given or accepted if: (1) there is no violation of any law or generally accepted ethical standards; (2) the gratuity is given as a courtesy for a courtesy received and does not result in any preferential treatment or action; (3) the gratuity is of limited value (less than$150) and could not be construed as a bribe, payoff or deal; and (4) public disclosure would not embarrass ARRC. ARRC may cancel this contract without penalty or obligation in the event Vendor or its employees violate the provisions of this section. 11. Covenant Against Contingent Fees. Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this contract, and that it has not paid or agreed to pay any person, company, individual, or firm any commission, gift, percentage, fee, contingent upon or resulting from the award or making of this contract. For the breach or violation of this warranty, ARRC may terminate this contract without liability and, at its discretion, deduct from the contract price or otherwise recover the full amount of the commission, percentage, gift, or fee. 12. Warranty. Vendor warrants that the equipment, goods, materials or other supplies sold to ARRC under this contract: (a) shall be of good quality and free from all defects and deficiencies in workmanship, material and design; (b) shall be fit, suitable and operate successfully for their intended purpose; (c) shall be new; (d) shall be free from all liens, claims, demands, encumbrances and other defects in title; and (e) shall conform to the specifications, if any, stated in the contract. Vendor shall honor all guarantees and warranties offered by the manufacturer of the equipment, goods, materials or other supplies provided under this contract. The rights and remedies provided for in this section are in addition to any other remedies provided by law. Page 23 of 28 13. Indemnification. The Vendor shall indemnify, save harmless and defend ARRC, its officers, agents and employees from all liability of any nature or kind, including costs and expenses, for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any error, omission, product defect, negligent or wrongful acts of the Vendor, its subcontractors or anyone directly or indirectly employed by them in the performance of this contract, provided that Vendor’s aforesaid indemnity and hold harmless agreement shall not be applicable to any liability based upon the sole negligence of ARRC. 14. ARRC’s Rights Not Waived by Payment. No payment made by ARRC shall be considered as acceptance of satisfactory performance of Vendor’s obligations under this contract. Nor shall any payment be construed as acceptance of substandard or defective work or as relieving Vendor from its full responsibility under the contract. 15. Nonwaiver. A party's failure or delay to insist upon strict performance of any of the provisions of this contract, to exercise any rights or remedies provided by this contract or by law, or to notify the other party of any breach of or default under this contract shall not release or relieve the breaching or defaulting party from any of its obligations or warranties under this contract and shall not be deemed a waiver of any right to insist upon strict performance of this contract or any of the rights or remedies as to any subject matter contained herein; nor shall any purported oral modification or rescission of this contract operate as a waiver of any of the provisions of this contract. The rights and remedies set forth in any provision of this Agreement are in addition to any other rights or remedies afforded the nonbreaching or nondefaulting party by any other provisions of this contract, or by law. 16. Savings Clause. If any one or more of the provisions contained in thee contract shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this contract, but this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 17. Headings. The headings of sections and paragraphs of this contract are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 18. Forum Selection. The parties shall not commence or prosecute any suit, proceeding or claim to enforce the provisions of the contract, to recover damages for breach or default under the contract, or otherwise arising under or by reason of the contract, other than in the courts of the State of Alaska for the Third Judicial District at Anchorage. The parties hereby irrevocably consent to the jurisdiction of said courts. 19. Conflict of Interest. Vendor shall act to prevent any actions or conditions which could result in a conflict with ARRC's best interests. This obligation shall apply to the activities of Vendor's employees and agents in their relationships with ARRC's employees, their families, vendors, subcontractors and third parties accomplishing work under this contract. 20. Publicity. Vendor shall not release any information for publication or advertising purposes relative to this contract or to the material, equipment and other supplies furnished under this contract without the prior written consent of the ARRC. 21. Audit. ARRC has the right to audit at reasonable times the accounts and books of the Vendor in accordance with the provisions of ARRC Procurement Rule 1600.10. 22. Internal Controls and Record Keeping. Vendor shall keep full and accurate records and accounts of all of its activities in connection with this contract, including, without limitation, reasonable substantiation of all expenses incurred and all property acquired hereunder. Page 24 of 28 23. Force Majeure. Neither ARRC nor Vendor shall be responsible for failure to perform the terms of this contract when performance is prevented by force majeure, provided that: (1) notice and reasonably detailed particulars are given to the other party and (2) the cause of such failure or omission is remedied so far as possible with reasonable dispatch. The term “force majeure” shall mean acts of God, earthquakes, fire, flood, war, civil disturbances, governmentally imposed rules, regulations or other causes whatsoever, whether equal or disequal to the causes herein enumerated, which is not within the reasonable control of either party and which through the exercise of due diligence, a party is unable to foresee or overcome. In no event shall force majeure include normal or reasonably foreseeable or reasonably avoidable operational delays. 24. Set Off. If ARRC has any claim against the Vendor related or unrelated to this contract, it may set off the amount of such claim against any amount due or becoming due under this contract. 25. Observance of Rules. The Vendor’s personnel performing work hereunder on ARRC’s premises shall observe all fire prevention, security, and safety rules in force at the site of the work. 26. No Third-Party Beneficiary Rights. No provision of this contract shall in any way inure to the benefit of any third parties (including the public at large) so as to constitute any such person a third-party beneficiary of the contract or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 27. Entire Agreement. This contract represents the entire and integrated agreement between ARRC and the Vendor and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended only by a written instrument signed by both ARRC and the Vendor. 28. Invalid Provision. The invalidity or unenforceability of any provision of this contract shall not affect the other provisions hereof, and this contract shall be construed in all respects as if such invalid or enforceable provisions were omitted. 29. Packing, Marking and Shipping All supplies shall be properly packaged to prevent damage or deterioration and to obtain the lowest transportation rates. ARRC will pay no charge for preparation, crating, dunnage or other materials unless separately stated in this contract. Each packing slip, bill of lading, invoice, container, tag and correspondence shall bear the applicable contract number and the location to which the supplies are to be shipped. A waterproof Master Packing Slip shall accompany each shipment and shall be included in one of the packages marked "Packing Slip Inside" or in the case of a carload shipment, be conspicuously displayed on the inside of the freight car. The original Bill of Lading shall be mailed to the attention of ARRC Supply Management Department on date of shipment. 30. Improper Delivery. If for any reason the Contractor fails to make timely delivery, ARRC may, at its option, approve a revised delivery schedule, request shipment via air or expedited routing (at Contractor's expense) or terminate this contract without any liability. Contractor will not, however, be liable for damages resulting from delays in delivery due to causes beyond Contractor's reasonable control, provided Contractor promptly notifies ARRC in writing of any such delay or expected delay as soon as such delay or expected delay becomes or should have become apparent. The remedies provided in this paragraph shall be cumulative and in addition to any other or further remedies ARRC may have. 31. Shipping Release. The Contractor shall not ship any of the supplies covered by this contract, unless specific delivery dates or written instructions are furnished to Contractor by ARRC. ARRC shall have no responsibility for supplies for which delivery dates or other written instructions have not been provided. Shipments in excess of those authorized may be returned to Contractor and Contractor shall pay ARRC for all expenses incurred in connection with such shipments. ARRC may change or temporarily suspend shipping schedules specified in this contract or written instructions. Page 25 of 28 32. Inspection/Rejection. Notwithstanding prior shipment, all supplies are subject to inspection and acceptance by ARRC within a reasonable time after they arrive at destination. ARRC shall notify Contractor if any supplies are rejected for any reason or if there are shortages. At ARRC's election, rejected supplies may be held for Contractor's account or returned to Contractor at Contractor's risk and expense. No replacement or correction of defective or nonconforming supplies shall be made by Contractor without written authorization from ARRC. Contractor shall promptly ship any shortages after notification of the same by ARRC. 33. Compliance with Laws and Regulations. Contractor agrees that in the performance of this contract it will comply with the requirements of all applicable Federal, State and local statutes, regulations and orders and will indemnify and save ARRC harmless from any claim, loss or damage arising from Contractor's violation or alleged violation of them. 34. Reduction in Contractor's Cost Any reduction in Contractor's costs resulting from a reduction in freight rates, custom duties, import taxes, excise taxes and/or sales taxes from those in force on the date of the contract is to be paid to ARRC by Contractor in reduction of the price of the ordered supplies. 35. Payments. Payments for supplies furnished under this contract will be due thirty (30) days after the later of (1) receipt of the supplies established in the contract, (2) receipt of proper billing for such supplies, and (3) receipt of all documents required by this contract. ARRC shall not be liable for interest charges on late payments. Page 26 of 28 APPENDIX G SPECIFIC TERMS AND CONDITIONS F.O.B. POINT: All prices are F.O.B. Shipping Point/Origin, Port of Seattle, Seattle, WA 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 be included 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. 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. MATERIAL: ARRC reserves the right to determine if the equipment meets the specifications intended. Page 27 of 28 APPENDIX H COST SCHEDULE A bidder's failure to provide the information requested in this appendix will be cause for rejection of the offer on the basis of non-responsiveness. Each railcar must comply with the specifications as spelled out in Appendix C. All prices BID must be F.O.B. Port of Seattle, Seattle, WA Description Quantity Unit Price Extended Price 1. New 110 Ton 64’ General 20 each $_____________ $____________________ Service Flat Cars Add Alt: A1 New 110 Ton 64’ General, 1 to 5 each $_____________ $__________________ Service Flat Cars Additional Flat Cars A2 New 110 Ton 64’ General, 6 to 10 each $_____________ $__________________ Service Flat Cars Additional Flat Cars Delivery Date: ARRC shall fully expect the successful contractor to completely satisfy contract performance requirements in accordance with firm delivery dates offered in the Cost Schedule. ___________________ Weeks ARO Award Criteria: An award will be made to the low, responsive, responsible bidder that meets the requirements as set forth in the specifications and compliance thereof. The Alaska Railroad Corporation reserves the right to determine that all offered materials will serve the application intended. Award will be made in the aggregate or by line item, whichever is deemed in the best interest of the Alaska Railroad by the Contract Administrator. The bid award is contingent on the availability of Alaska Railroad Corporation funds. 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. Page 28 of 28 BIDDERS NAME AND ADDRESS ______________________________ __________________________ COMPANY NAME SIGNATURE BY AND FOR THE BIDDER ______________________________ __________________________ COMPANY ADDRESS PRINTED NAME OF ABOVE BIDDER ______________________________ __________________________ DATE OF BID ______________________________ __________________________ CONTACT PHONE NUMBER CONTACT E-EMAIL