#23-07-210575 ARRC MP 176-182 Right of Way Brush Clearing

1 ARRC MP 176-182 RIGHT OF WAY BRUSH CLEARING INVITATION TO BID NO. 23-07-210575 JANUARY 27, 2023 ALASKA RAILROAD CORPORATION 327 WEST SHIP CREEK AVENUE ANCHORAGE, ALASKA 99501 2 ALASKA RAILROAD CORPORATION 327 W. Ship Creek Avenue Anchorage, AK 99501 Phone 907.265.2593 GOEMERG@AKRR.COM January 27, 2023 INVITATION TO BID #23-07-210575 ARRC MP 176-182 R.O.W. Brush Clearing Response Required: This page must be completed and returned to ensure receipt of future addenda or additional information. Please e-mail this form to GoemerG@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:

target="_blank">www.alaskarailroad.com , select Procurement and then Solicitations. Bidders must acknowledge the receipt of all issued addendums in their proposal/bid submittal. Company ______________________________________________________ Address ______________________________________________________ ______________________________________________________ Contact ______________________________________________________ Phone __________________________ Fax_________________________ Email ______________________________________________________ Website: www.alaskarailroad.com 3 THIS IS NOT AN ORDER DATE ITB ISSUED: January 27, 2023 INVITATION TO BID (ITB) NUMBER: # 23-07-210575 ARRC MP 176-182 R.O.W. Brush Clearing SEALED BIDS WILL BE RECEIVED AT: Alaska Railroad, Corporation Attn: Greg Goemer 327 West Ship Creek Avenue Anchorage, AK 99501 UNTIL 3:00 P.M. February 21, 2023 AT WHICH TIME BIDS WILL BE PUBLICLY OPENED Pre-Bid Site Visit: A mandatory Pre-Proposal Site visit will held on February 8, 2023 at 10:00 a.m. local time. Interested bidders will meet at the ARRC Willow Section, located off of Willow Station Road on the West side of the tracks. While near ARRC tracks, PPE is required (safety-toe shoes, hi-vis vests & hard-hats). This is not a mandatory meeting, although interested firms are encouraged to participate. A bidder's failure to attend the pre-bid conference will in no way relieve the bidder of the responsibility of performing the work in strict compliance with the true intent and meaning of the terms, conditions and specifications of this Return your bid in a sealed envelope on which the Solicitation number appears. Bids received by facsimile transmission will not be considered for award. Bids shall be submitted on the forms furnished herein. Hand-delivered bids, amendments, or withdrawals must be received by ARRC's Supply Management Section prior to the scheduled time of bid opening. Your bid must be complete. See instructions and conditions enclosed. ARRC shall not be held responsible for bidder’s lack of understanding of what is required by this bid. Should a bidder not understand any aspect of this bid, or require further explanation, or clarification regarding the intent or requirements of this bid, it shall be the responsibility of the bidder to seek guidance from the ARRC. ARRC reserves the right to reject any and all bids, or any part thereof, negotiate changes in bids, accept any bids or any part thereof, waive minor informalities or defects in any bids, and not to award the proposed contract if it is in the best interest of the ARRC. ARRC may award a contract resulting from this solicitation to the responsive offeror whose offer conforming to this solicitation will be the most advantageous to the ARRC. ARRC may reject any or all offers if such action is in the best interest of ARRC, and waive informalities and minor irregularities in offers received. Any resulting contract from this solicitation shall incorporate the Standard Instructions, and General Terms and Conditions for Construction incorporated in this solicitation. 4 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). The ARRC has a race neutral DBE Program and does not set DBE goals on individual solicitations. Nonetheless, the ARRC aspires to achieve an overall DBE participation of 4.0% in federal fiscal years 2019-2023 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 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. The envelope used in submitting your offer shall be plainly marked with the following information: 1. Offeror's Name - 2. ITB # 23-07-210575 3. Date and Time Scheduled for Receipt of Offers. 4. Sealed Offer: ARRC MP 176-182 R.O.W. Clearing Please direct all responses and/or questions concerning this invitation to bid in writing to Greg Goemer, Alaska Railroad Corporation, Supply Management, 327 W. Ship Creek Avenue, Anchorage, AK 99501, telephone number 907-265-2593, email address GoemerG@akrr.com. Sincerely, Greg Goemer Sr. Contract Administrator Alaska Railroad, Corporation 5 INDEX APPENDIX A – REQUIRED DOCUMENTS APPENDIX B – BIDDERS INSTRUCTIONS APPENDIX C – SCOPE OF WORK APPENDIX D – GENERAL CONDITIONS CONSTRUCTION APPENDIX E – CONSTRUCTION QUALITY CONTROL (CQC) PLAN APPENDIX F – FORMS: CONSTRUCTION BID FORM BID BOND CONTRACTOR RESPONSIBILITY QUESTIONAIRE SUBCONTRACTOR LIST SAMPLE CONSTRUCTION CONTRACT PAYMENT BOND PERFORMANCE BOND APPENDIX G – COST SCHEDULE ATTACHMENTS: ARRC Online ROW GIS Mapping Project Communications Wage Rates, Pamphlet 600 Issue 45 Effective September 1, 2022. 6 APPENDIX A Required Documents REQUIRED FOR BID Bids will not be considered if the following documents are not completely filled out and submitted at the time of bidding: 1. Construction Bid Form 2. Bid Bond - [Form 395-0120] 3. Cost Schedule - Appendix D 4. Contractors Responsibility Questionnaire - [Form 395-0136] REQUIRED AFTER NOTICE OF APPARENT LOW BIDDER The apparent low bidder is required to complete and submit the following documents within Five (5) Working Days after receipt of written notification: 1. Subcontractor List - [Form 395-0131] 2. Contractor’s QA/QC Plan 3. Contractor’s Site Health & Safety Plan REQUIRED FOR AWARD In order to be awarded the contract, the successful bidder must completely fill out and submit the following documents within the time specified in the intent to award letter: 1. Certificate of Insurance - [from Insurance Carrier] 2. Payment Bond - [Form 395-0126] 3. Performance Bond - [Form 395-0127] 4. Contract and Notice to Proceed, ARRC Generated 5. State of Alaska Department of Labor - Notice of Work 6. Contractor’s Business License and Contractors License POST AWARD DOCUMENTATION 1. Weekly Certified Payrolls 2. QA/QC Reports 3. State of Alaska, DOL Notice of Completion 7 APPENDIX B Bidders Instructions BIDDERS INSTRUCTIONS & SPECIAL REQUIREMENTS (CONSTRUCTION) To be considered for award, Bids must be made in accordance with the following requirements: Duty to Seek Clarification: ARRC shall not be held responsible for a Bidder’s lack of understanding of what is required by the Invitation to Bid. Should a Bidder not understand any aspect of the Invitation to Bid, or require further explanation or clarification regarding the intent or requirements of the same, it shall be the responsibility of the Bidder to seek clarification from ARRC prior to submitting his or her Bid. Terms and Conditions: Any resulting contract from this Invitation to Bid shall incorporate the general terms and conditions contained in this bid package. Contract Documents: Bidders shall familiarize themselves with the requirements of all of the Contract Documents which include, but are not limited to the “Bidders Instructions & Special Requirements", the Invitation to Bid, Bid and Contract Forms, General Conditions, Special Conditions, Specifications, Drawings, any Addenda issued prior to the receipt of Bids, and any other documents referenced or incorporated therein. Examination of Site: Bidders should visit the Project Site(s) and take such other steps as may be reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which may affect the Work and the cost thereof. Examination and Interpretation of Documents: Each Bidder shall examine the Contract Documents carefully and shall make written requests to ARRC prior to Bid submission for interpretation or correction of any ambiguity, inconsistency, discrepancy, omission, or error therein which the bidder may discover. Any interpretation or correction will be issued in an Addendum by ARRC. Only a written interpretation or correction shall be binding. No Bidder shall rely on any interpretation or correction given by any other method. Addenda: ARRC may modify the Invitation to Bid prior to the date fixed for opening of Bids by issuance of an Addendum to all parties who have been furnished the Bid Package for bidding purposes. Bidders must acknowledge receipt of all Addenda on the Construction Bid Form [Form 395-0121]. Qualification of Bidders: Pursuant to ARRC Procurement Rule 1600.3, before a Bid is considered for award, ARRC may request a Bidder to submit information regarding the Bidder’s capability in all respects to fully perform the contract requirements or the individual integrity and reliability which will assure good faith performance. Such information shall include the Bidder’s prior experience in performing comparable Work, the availability of necessary financing, equipment, facilities, expertise and personnel to perform the Work and whether he or she has ever been terminated or defaulted on construction work. Bid Forms: Bids must be submitted on the forms provided by ARRC, completed in all respects as required by the Bid Forms and other Contract Documents and manually signed by an authorized official of the Bidder. Bidders may make copies of the Bid Forms for submission of Bids. 8 Submission of Bids: Bids must be sealed, marked, and addressed as directed in the Invitation to Bid and must be delivered to the office designated in the Invitation to Bid prior to the exact time set for opening bids. Late bids will not be considered. Modification, Correction, Withdrawal of Bids: Modification, correction or withdrawal of Bids will be allowed only as provided in ARRC Procurement Rule 1200.8. Bid Opening: Bids will be opened in public at the time set forth in the Invitation to Bid in accordance with ARRC Procurement Rule 1200.6. The contents of the Bids will be open for public inspection after the notice of intent to award a contract is given. Evaluation of Bids: Bids will be evaluated in accordance with the provisions of ARRC Procurement Rule 1200.7. Alternative bids, if called for, are intended to provide ARRC a range of comparative costs which will allow identification of the combinations most responsive to ARRC's need. The order in which the alternatives are listed or set out in the Invitation to Bid should not be taken as any indication as to the order in which ARRC may elect to select the alternatives, if any. Bidders shall submit bid prices for all alternatives stated in the Invitation to Bid and are advised that the order in which the alternatives, if any, are chosen by ARRC, may affect which Bidder is the lowest responsive and responsible Bidder. Bid Security: In accordance with ARRC Procurement Rule 1200.4, all Bids shall be accompanied by bid security in the form of a cashier's check or an acceptable Bid Bond, a form of which is provided herein, in the amount of five percent (5%) of the Bid price. Rejection of Bids: ARRC reserves the right to waive minor defects or informalities in a Bid in accordance with the provisions of ARRC Procurement Rule 1200.8, or to reject any or all Bids in accordance with the provisions of ARRC Procurement Rule 1600.2. AGGRIEVED BIDDER/OFFEROR: An aggrieved bidder/offeror may protest an ARRC procurement action by filing a written protest with the procurement officer in accordance with the procedures and time limits specified in ARRC Procurement Rules 1800.1-1800.11. Award of Contract: Unless the solicitation is canceled or all bids are rejected, the procurement officer shall award a contract based on the solicited bids with reasonable promptness by written notice to the lowest, responsible and responsive Bidder whose bid conforms in all material respects to the requirements and criteria set out in the Invitation to Bid. Execution of Contract: A written contract must be signed by the Bidder to whom an award is made and returned to ARRC within ten (10) calendar days, together with all required performance and payment bonds, and certificate(s) of insurance in the amounts required by the Invitation to Bid. The Bidder to whom award is made shall not be permitted to occupy the project site until he has first obtained the required insurance and submitted to ARRC proof of such insurance together with a statement certifying that said insurance conforms to requirements set forth in the Invitation to Bid. Failure to Execute Contract: If the Bidder to whom the Contract is awarded refuses or neglects to execute it, or fails to furnish the required bonds and insurance within the time specified, the amount of his bid security may be retained by ARRC as liquidated damages. Government Contract Requirements: If Federal funds will be used to pay for any part of the project described in the Invitation to Bid, any contract awarded hereunder will contain provisions requiring the successful Bidder to comply with all pertinent provisions, agreements, and clauses of the subject federal grant and all pertinent laws, regulations, Presidential directives, and executive orders to the extent they apply to the subject matter of the contract. 9 Drug and Alcohol-Free Workplace: Safety is paramount at ARRC. For that reason, ARRC maintains an alcohol and drug-free workplace and requires that the Contractor do the same. At all times during the performance of this contract, the Contractor shall have in place a written drug and alcohol program that includes, at a minimum, the following: a. a requirement that all applicants present a negative pre-employment drug screen prior to being hired by the Contractor; b. a requirement that employees submit to a "reasonable suspicion" drug and/or alcohol test when showing signs and symptoms of drug and/or alcohol influence on duty; c. a requirement that employees submit to "reasonable cause/post-accident" drug and alcohol tests following certain accidents or incidents (with the threshold level triggering testing to be determined by the Contractor); d. a provision defining a positive alcohol test as one that reveals a breath alcohol level of .02 or greater; e. a provision defining a positive drug test as one that reveals concentrations at the levels set forth in 49 C.F.R. § 40.87(b)(screening test) and 49 C.F.R. § 40.87(c)(confirmatory test) or greater; f. a provision that outlines the consequences of a positive drug or alcohol test and the consequences of an employee’s refusal to submit to drug/alcohol testing; and g. a provision that establishes the conditions under which an employee may return to work following a positive drug and/or alcohol test, which at a minimum include an evaluation by a substance abuse professional and compliance with a recommended treatment program. The Contractor agrees that at any time during the performance of this contract, if an ARRC employee reports to the Contractor that an employee of the Contractor or its subcontractor is showing signs and symptoms of drug/alcohol influence on duty, the Contractor shall remove the employee from ARRC property immediately and shall have the employee tested for drug/alcohol influence. If the employee tests positive, the Contractor shall ensure that the employee is not returned to work on the project until he/she has met the return to work requirements contained in the Contractor’s written program. Offer Acceptance Period: For the purpose of award, offers made in accordance with this ITB shall be good and firm for a period of thirty (30) days from the date of bid opening. Site-Safety Plan Requirement: Before the contractor or any subcontractor begins any construction related work under this contract including but not limited to mobilization, equipment setup, storage, etc., taking place on sites under Alaska Railroad Corporation (ARRC) control, they will submit a site Health and Safety Plan to ARRC for compatibility acceptance. The plan must be compatible with ARRC Safety Policies including On-Track Safety, OSHA overwater requirements, ARRC on-site employee safety including safety for Project Managers, Construction Managers, Flaggers, Visitors, Safety personnel, Quality Assurance staff, vendors, and the public. The plan must outlines procedures for first aid, emergency response, chemical exposures, spills, site sign-in requirements for site-safety briefings, coordination with ARRC dispatch, Section 6.16 (SAFETY AND PROTECTION), Section 6.17 (WORK SAFETY ON RAILROAD PROPERTY), and Section 6.18 (EMERGENCIES), other sections of the contract GENERAL CONDITIONS. 10 A complete, detailed Site-Safety Plan shall be submitted to the Project Manager at least 5 days prior to commencement of any Work on the Project ALASKA BIDDER'S PREFERENCE Preferences shall be applied to bids that qualify for an Alaska Bidder's Preference. An Alaska bidder preference is five percent (5%). "Alaska Bidder" means a person who: 1. holds a current Alaska business license; 2. submits a bid for goods, services, or construction under the name as it appears on the person's current Alaska business license; 3. has maintained a place of business within the State of Alaska staffed by bidder or an employee of the bidder for a period of six (6) months immediately preceding the date of this bid; 4. is incorporated or qualified to do business within the State of Alaska; is a sole proprietorship, and the proprietor is a resident of the State of Alaska; or is a partnership and all partners are residents of the State of Alaska; 5. is a joint venture, composed entirely of ventures that qualify under (1) through (4) of this subsection. CONTRACTOR’S INSTRUCTION FOR SUBMITTING CERTIFIED PAYROLL: This contract may include work on an Alaska Railroad Corporation (ARRC) construction project, which is subject to the wage/certified payroll requirements of the DOLWD and/or it may include work on a federally funded construction project and be subject to U. S. Department of Labor Davis-Bacon Act wage/certified payroll requirements. As part of the contract the following will be required: 1. All contractors paid under a construction contract funded in whole or in part with federal funds shall pay laborers and mechanics the higher of the two wages listed in this contract from the U. S. Department of Labor (www.access.gpo.gov/davisbacon/) or from the DOLWD (www.labor.state.ak.us/lss/home.htm). Contractors paid under ARRC only funded construction contracts shall pay laborers and mechanics the appropriate wage established by the DOLWD, which is often called Little Davis-Bacon wages. 2. All contractors employing laborers and mechanics under this contract, including the owner/operator if he or she worked on the job, must submit weekly certified payrolls that contain the information listed on the DOLWD Weekly Certified Payroll Form 07-6058, pages 1 and 2. Owner/operators working on the project as mechanics or laborers, either as prime or subcontractor, must file certified payrolls and record all information including the hourly wage, fringe benefits, hours worked, overtime, et cetera, however they can defer the weekly payment and write over the total deductions and net pay boxes “owner/operator.” Page 2 is the “Statement of Compliance” and must bear an original signature. The prime contractor is responsible for gathering the certified payrolls, with original signatures, from each subcontractor and for submitting them, along with its own, to the ARRC Certified Payroll Processor. 11 3. Private utility companies exempt by the state of Alaska from filing certified payrolls because they are working on their own lines must provide a copy of the state approved sworn work affidavit indicating they are paying state DOLWD required wages. Private Utility companies shall file Notices of Work (NOW) and Notices of Completion (NOC) with DOLWD, listing subcontractors, if any. The DOLWD approved finalized affidavit, NOW, and NOC shall be sent to the ARRC. The utility company shall collect original certified payrolls from all subcontractors and submit them weekly to the ARRC as outlined in these submission instructions. 4. These weekly certified payrolls must be uploaded to ARRC’s web portal within seven days after the regular “payday” for that certified payroll at the following web address: https://certpayportal.akrr.com/ A website login will be required to be set up prior to the first submission. 5. The contractor and its subcontractors are also responsible for filing certified payrolls with DOLWD as required. 6. The certified payroll must be completely filled out by the contractor including, but not limited to: i. Contractor’s complete name, including join ventures, Inc., LLC. etc. ii. Contractor’s license number, also called the contractor’s registration number, is required in addition to a business license to do construction work in the state. The prime contractor must be registered even if the contractor does not work on the site, but only uses site subcontractors. iii. Employee’s a. Name b. Address (domicile and mailing) c. Social security number d. Job classification e. Hours worked f. Wages/fringe benefits paid Owner/operators working on the project as mechanics or laborers, either as prime or subcontractor, must file certified payrolls and record all information including the hourly wage, fringe benefits, hours worked, overtime, et cetera, however they can defer the weekly payment and write over the total deductions and net pay boxes “owner/operator.” iv. Contracting agency project number, which is the ARRC contract/purchase order number, is listed on the DOLWD finalized Notice of Work. This notice also lists the DOLWD project number, project name, and location. The prime contractor will supply all of this information to its subcontractors. v. Week ending date and payroll numbers. The first week or part of a week of payroll will be designated as payroll number 1 for the first week, 2 for the second week, etc. until the final week worked on the project. The final payroll must be marked FINAL. 12 vi. The Statement of Compliance must be completely filled out indicating how fringe benefits are paid and listing the payroll period. The Statement of Compliance must be signed, dated, and filed (delivered or postmarked) within seven days of the payment date of the payroll. The Statement of Compliance must have an original signature. vii. Stamp or write “Confidential” on the certified payroll to help ensure the privacy of contractor employees. Failure to submit timely, complete, and accurate weekly certified payrolls to ARRC may result in the delay of payment on the contract. Sample copies of DOLWD certified payroll forms with the “Statement of Compliance” are shown in Appendix B. 13 State of Alaska Certified Payroll Form, 14 State of Alaska Certified Payroll Form, page 2 15 APPENDIX C Scope of Work ARRC MP 206 - 210 Right of Way Brush Clearing The Alaska Railroad, Corp. (ARRC) is requesting contractor support for clearing, chipping and/or mulching work within its Right-Of-Way (ROW) in the Talkeetna, AK area. The ARRC is clearing to minimize fire and trespass issues and to improve transit safety. The site is accessible by several road access points. The general terrain varies but can be steep and in some areas may be wet. Clearing is to be performed under regularly scheduled ARRC train traffic. All activities must be performed in accordance with ARRC safety and operating procedures. Clearing and Mulching activities must be scheduled and executed in a manner that does not interfere with scheduled Railroad Traffic and usage. The Contractor must submit a two week look ahead schedule to plan for ARRC flagging and track protection. Flagging Request attached, necessary railroad flagging expenses are to be covered by the ARRC; however, the contractor may be liable for ARRC flagging expenses incurred due to last minuet changes in the contractors schedule resulting in unnecessary call outs. . All tree felling and cutting of brush and bushes shall be completed within the time frame specified by regulatory permits to avoid destruction of active bird nests, eggs, or nestlings. The typical ARRC mainline ROW extends 100 linear feet on each side of the track centerline. For the purpose of this contract, the contractor shall clear, mulch and/or remove all trees, shrubs, downed timber from within 5 feet of the ARRC ROW to the existing cleared area near the tracks, unless otherwise indicated in in the field by flagging, in which case the flagging shall be the limiting parameter. The ARRC will stake the ROW and clearing limits when necessary. The Contractor will be responsible for maintaining these markings throughout the duration of the project. Contractor may begin mobilization upon receipt of the NTP. The base bid includes the following items: Provide all necessary personal, equipment and materials to clear, mulch and/or remove all trees, shrubs, brush and other objects as described herein. The contractor shall perform all necessary quality control activities to maintain the quality of workmanship outlined herein and initiate all necessary coordination with the ARRC regarding necessary track protection and support activities. Inclusive to this work is the transmittal of all the submittals, reports, and items referenced herein and on the Plans. Approximate Clearing and Mulching limits and associated ARRC GIS imagery. http://arrc.maps.arcgis.com/apps/webappviewer/index.html?id=2eff0f819aea4193a7d6d1ee1c6f 854c 16 Final Completion: Final Completion of all work shall be on or before December 31, 2023. Unless noted otherwise herein, the 2020 edition of the Alaska Department of Transportation and Public Facilities Standard Specifications for Highway Construction shall be referenced as the SSHC. Furthermore, unless explicitly noted, “Section” or “subsection” shall be in reference to the SSHC. The aforementioned reference manual can be found at http://dot.alaska.gov/stwddes/dcsspecs/index.shtml ARRC Coordination: The Contractor must coordinate with both the Project Manager and District Road Master or designated for daily operations, access to the physical project site, for the delineation of the Contractor equipment staging area(s), to coordinate the movement of assets with their respective tenants and train schedule and coordination, prior to beginning each days shift. Further coordination with the ARRC’s designated Track Inspector and its on-site representative will be paramount to the successful execution of the work. The ARRC will support the Contractor, where necessary, to complete the required clearing work. The intent of this contract is to limit the disturbance and assistance required of ARRC forces. This includes the Contractors ability to fuel and access their equipment on a daily basis. Poor planning resulting in unnecessary and avoidable ARRC call outs will be identified, in writing by the ARRC. These unnecessary, futile or avoidable call outs will result in their subsequent Time and Material cost tracking for which value will be deduction from the Contractors application for payment. Item No. 201 – Clearing and Mulching: 201-1.01 DESCRIPTION. Clear, remove and dispose of all vegetation and debris within designated areas of the project, except objects that are designated to remain or are to be removed under other sections of these Specifications. Preserve from injury or defacement all vegetation and objects designated to remain. This work shall consist of cutting and disposing of all trees, down timber, stubs, brushes, slash and debris in the construction zone as indicated on the plans. 201-3.01 GENERAL. The Owner’s Representative will designate the limits of work and all trees, shrubs, plants and other things to remain. Preserve all things designated to remain. Preserve survey stakes, boundary markers, benchmarks, and tie points until such time as their usefulness has ceased and the Engineer gives permission for their destruction. The Contractor shall use appropriate erosion control methods, as approved by the Owner’s Representative, to prevent impact to existing streams, natural drainage ways, and wetlands. Keep erosion potential to a minimum. Damage to vegetation outside the construction limits is prohibited. In the unlikely event this occurs; the vegetation damaged by the Contractor shall be fenced around, protected and allowed to recover. Fertilizer shall be applied immediately to encourage regrowth and recovery using methods appropriate to the location of the damaged vegetation. 17 No mechanical land clearing activities resulting in soil disturbance or fills in wetlands or waters are permissible. If soils are disturbed, the contractor shall assume responsibility and restore the site to the satisfaction of the Owner's Representative. The Owner does not assume responsibility for mechanical land clearing resulting in soil disturbance or fills that result from the clearing and/or grubbing activities. Any vegetation, trees, down timber, stubs, brush, bushes, stumps, tree roots, debris and other objectionable material left in the construction zone from earlier clearing operations shall become the property of the Contractor and shall be chipped or removed from the Project site. The Contractor must coordinate with the Project Manager or delegated employee for daily operations and track safety requirements. The contractor must notify and schedule for any flag protection when required. Flag protection will is required when work is to occur, or has the potential to occur within 20 feet of the track centerline. Notification of flagging needs shall be made in accordance with standard flagging requests. The ARRC will not be responsible for delays caused by improper protection notices. The ARRC will support the Contractor, where necessary, to complete the required clearing and grubbing work. The intent of this contract is to limit the disturbance and assistance required by ARRC forces. 201-3.02 CLEARING. Cut and dispose of all trees, down timber, stubs, slash, brush, bushes and debris from all areas designated. Fell trees toward the center of the area to be cleared, in order to minimize damage to the trees that are to be left standing. Trees are not to be cut toward the ARRC tracks. Remove and dispose of trees unavoidably falling outside the specified limits. Cut trees and brush to a height of not more than 6 inches above the surrounding ground. Clearing, Mulching and the like shall be performed within the specified areas set forth in the plans and indicated in the field and shall extend from off the ARRC ROW line to the opposite ARRC ROW Line, unless specified by the ARRC. Removal and disposal of all trees, down timber, stubs, brush, bushes and debris will not be allowed during the period of May 1st through September 18th, without written authorization from the Owner’s Representative 201-3.04 HAND CLEARING. Where required, cut and dispose of all trees, down timber, stubs, brush, bushes and debris from all areas designated, with minimal disturbance to grass and/or moss cover. Do not use equipment on wheels or tracks in areas designated as hand clearing. Cut stumps flush with the ground. 201-3.06 DISPOSAL. Dispose of all vegetation and debris removed from clearing by chipping in place, hauling off or other approved methods. Chips/mulch may be spread in place within ROW, but outside wetlands. After chipping or mulching material in place, the chips from chipping or mulching must be 3 inches or less in size and may not accumulate to be more than 6 inches in depth. Some spreading of the material may be required to maintain a maximum of 6 inches of depth. 18 If elected by the contractor, the Contractor shall make all necessary arrangements with property owners for obtaining suitable disposal locations to dispose of vegetation and debris at upland locations outside the project limits. The Contractor will be responsible for providing the Owner’s Representative with a copy of permission documents that contain a waiver of all claims against the ARRC for any damage to such land which may result and a copy of all permits required by law for disposal before commencing work. All costs involved for obtaining disposal areas; permission from landowners; waivers of claims; and all applicable permits shall be included in the bid price. All merchantable timber in the clearing area at the beginning of construction becomes your property, should the contractor elect to do so. Burning within the ARRC ROW shall not be permitted. 201-4.01 METHOD OF MEASUREMENT. Section 109 and the following: Acre. The area acceptably cleared, measured on the ground surface. Only areas shown on the Plans, indicated herein or staked in the field for clearing will be measured. Measurements will be based on an assumed, consistent 70 foot wide clearing on both sides of the railroad tracks. Measurements may include non-vegetated areas. Acreage will be calculated by multiplying length cleared along the tracks by 70 feet wide, on each side of the tracks. Example: Area for one (1) side of tracks in Square Feet = (70’ wide) X (length of railroad tracks cleared in feet.) Existing roadways, lakes, ponds, stream beds, and other areas, not covered by trees or brush will also be included for measurement. 201-5.01 BASIS OF PAYMENT Damaged Vegetation Outside the Clearing Limits. If repair of damaged vegetation is required, no additional payment will be made for temporary erosion control measures, construction fencing, seed or fertilizer applied to damaged vegetation areas by the contractor. Damaged areas outside the clearing limits and repair to these damaged areas will be incidental to Bid Item 201 Clearing. Damage to Wetlands. If repair of damaged wetlands is required, no additional payment will be made for temporary erosion control measures, construction fencing, seed or fertilizer applied, additional equipment or labor to repair wetland areas by the contractor to the Owner’s Representative’s satisfaction. Damaged wetland areas and repair to these damaged areas will be incidental to Bid Item 201(1A) Clearing. The contractor is responsible for any necessary permitting Payment will be made under: Pay Item Pay Unit: The contractor will be reimbursed for the clearing in accordance with the following modified Pay item 201 – Price/Acre, clearing from ROW to ROW as indicated herein and in the field. 19 APPENDIX D GENERAL CONDITIONS (CONSTRUCTION) 1. ARTICLE 1 - DEFINITIONS: Wherever used in the Contract Documents the following terms, or pronouns in place of them, are used, the intent and meaning, unless a different intent or meaning is clearly indicated, shall be interpreted as set forth below. The titles and headings of the Sections, Subsections and Articles herein are intended for convenience of reference and shall not be considered as having bearing on their interpretation. Whenever used in the Specifications or other Contract Documents the following terms have the meaning indicated which are applicable to both the singular and plural thereof. Working titles which have a masculine gender, are intended to refer to persons of either sex. Terms not defined below shall have their ordinary accepted meanings within the context which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged, Copyright 1961", or subsequent revision thereof, shall provide ordinarily accepted meanings. Words which have a well-known technical or trade meaning when used to describe Work, materials or equipment shall be interpreted in accordance with such meaning. Addenda: All clarifications, corrections, or changes issued graphically or in writing by the Owner after the Invitation to Bid but prior to the opening of Bids. Application For Payment: The form provided by the Owner which is used by the Contractor in requesting progress or Final payments and which is to include such supporting documentation as is required by the Contract Documents. Approved or Approval: Means written approval by the Owner or his authorized representative as defined in paragraph 2.1. ARRC Procurement Rules: Means the Rules governing the procurement of supplies, services, professional services and construction adopted by ARRC in accordance with A.S. 36.30.015(e). Said Rules may be downloaded from ARRC’s web site, www.alaskarailroad.com, under General Information, Purchasing/Contracts. A.S.: Initials which stand for Alaska Statute. Award: The acceptance, by the Owner, of the successful Bid. Bid: The offer of a Bidder, on the prescribed form to perform the Work in accordance with the Contract Documents at the prices quoted. Bid Bond: The security furnished with a Bid to guarantee that the Bidder will enter into a Contract if his Bid is accepted by the Owner. 20 Bidder: Any individual, firm, corporation or any acceptable combination thereof, or joint venture submitting a Bid for the advertised Work. Calendar Day: Every day shown on the calendar, beginning and ending at midnight. Change Order: A written order by the Owner directing changes to the Contract, within its general scope. Conditions of the Contract: Those portions of the Contract Documents which define the rights and responsibilities of the contracting parties and of others involved in the Work. The Conditions of the Contract include General Conditions, Supplementary Conditions and other Conditions specified in the Invitation to Bid. Contract: The Contract Documents form the Contract between the Owner and the Contractor for the Work to be performed. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written oral. Contract Documents: The Contract Form, Addenda, the bidding requirements and Contractor's Bid (including all appropriate bid tender forms), the Bonds, the Conditions of the Contract and all other Contract requirements, the Specifications, and the Drawings furnished by the Owner to the Contractor, together with all Change Orders and documents approved by the Contracting Officer for inclusion, modifications and supplements issued on or after the Effective Date of the Contract. Contracting Officer: The person authorized to enter into and administer the Contract on behalf of the Owner. He has authority to make findings, determinations and decisions with respect to the Contract and, when necessary, to modify or terminate the Contract. Contractor: The individual, firm, corporation or any acceptable combination thereof, contracting with the Owner for performance of the Work. Contract Amount: The total moneys payable by the Owner to the Contractor under the terms of the Contract Documents. Contract Time: The number of Calendar Days or the date specified in the Contract and authorized time extensions which identify how much time the Contractor is allowed to achieve Final Completion. Consultant: A person, firm, agency or corporation retained by the Owner to prepare Contract Documents, perform construction administration services, or other Project related services. Defective: An adjective which refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or Approval referred to in the Contract Documents, or has been damaged prior to the Owner's Approval of Final payment. 21 Directive: A written communication to the Contractor from the Owner interpreting or enforcing a Contract requirement or ordering commencement of an item of Work. Drawings: The drawings which show the character and scope of the Work to be performed and which have been furnished by the Owner or the Owner's Consultant and are by reference made a part of the Contract Documents. Effective Date of the Contract: The date on which the Contract is fully executed by both Contractor and the Owner. Final Completion: The Work (or specified part thereof) has progressed to the point that all Work is complete as determined by the Owner. General Requirements: Sections of the Contract Documents which contain administrative and procedural requirements as well as requirements for temporary facilities. Holidays: The Owner recognizes the following Holidays: New Years Day - January 1 President's Day - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Columbus Day-Second Monday in October Veteran's Day - November 11 Thanksgiving Day - Fourth Thursday in November Christmas Day - December 25 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If the holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays. Install: Means to build into the Work, ready to be used in complete and operable condition and in compliance with the Contract Documents. Invitation to Bid: The public announcement, as required by law, inviting Bids for Work to be performed and/or materials to be furnished. Notice of Intent to Award: The written notice by the Owner to all Bidders identifying the apparent successful Bidder and establishing the Owner's intent to execute the Contract when all conditions required for execution of the Contract are met. Notice to Proceed: A written notice to the Contractor to begin the Work and establishing the date on which the Contract Time begins. Owner: The Alaska Railroad Corporation (“ARRC”) or its authorized representative(s). 22 Payment Bond: The security furnished by the Contractor and his Surety to guarantee payment of the debts arising out of performance of the Work. Performance Bond: The security furnished by the Contractor and his Surety to guarantee performance and completion of the Work in accordance with the Contract Documents. Project: The total construction, of which the Work performed under the Contract Documents is the whole or a part. Project Manager: The authorized representative of the Owner who is responsible for administration of the Contract. Regulatory Requirements: All laws, rules, regulations, ordinances, codes and/or orders applicable to the Work. Shop Drawings: All Drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contractor to illustrate material, equipment, fabrication, or erection for some portion of the Work. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative and procedural details applicable thereto. Subcontractor: An individual, firm, or corporation to whom the Contractor sublets part of the Contract. Substantial Completion: Although not fully completed, the Work (or a specified part thereof) has progressed to the point where, in the opinion of the Owner as evidenced by the Owner's written notice, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "Substantially Complete" and "Substantially Completed" as applied to any Work refer to Substantial Completion thereof. Supplemental Agreement: A written agreement between the Contractor and the Owner covering Work that is not within the general scope of the Contract. Surety: The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the Contractor. Unit Price Work: Work to be paid for on the basis of unit prices. Work: Work is the act of, and the result of, performing services, furnishing labor, furnishing and incorporating materials and equipment into the Project and performing other duties and obligations, all as required by the Contract Documents. Such Work, however incremental, will culminate in the entire 23 completed Project, or the various separately identifiable parts thereof. 2. ARTICLE 2 - AUTHORITIES AND LIMITATIONS: 2.1 AUTHORITIES AND LIMITATIONS: 2.1.1 The Owner alone, shall have the power to bind the Owner and to exercise the rights, responsibilities, authorities and functions vested in the Owner by the Contract Documents, except that the Owner shall have the right to designate in writing authorized representatives to act for him. 2.1.2 Wherever any provision of the Contract Documents specifies an individual or organization, whether Governmental or private, to perform any act on behalf of or in the interests of the Owner that individual or organization shall be deemed to be the Owner's authorized representative under this Contract but only to the extent so specified. 2.1.3 The Owner may, at any time during the performance of this Contract, vest in any such authorized representative’s additional power and authority to act for the Owner or designate additional representatives, specifying the extent of their authority to act for the Owner. A copy of each document vesting additional authority in or removing that authority from an authorized representative or designating an additional authorized representative shall be furnished to the Contractor. 2.1.4 The Owner reserves the right to appoint a new Project Manager without affecting any of the Contractor's obligations to the Owner under this Contract. 2.1.5 The Contractor shall perform the Work in accordance with any written order (including but not limited to instruction, direction, interpretation or determination) issued by an authorized representative in accordance with the authorized representative's authority to act for the Owner. 2.1.6 The Contractor assumes all the risk and consequences of performing the Work in accordance with any order (including but not limited to instruction, direction, interpretation or determination) of anyone not authorized to issue such order, and of any order not in writing. 2.1.7 Should the Owner or his authorized representative designate Consultant(s) to act for the Owner as provided for in Paragraph 2.1.1, the performance or nonperformance of the Consultant under such authority to act, shall not give rise to any Contractual obligation or duty of the Consultant to the Contractor, any subcontractor, any supplier, or any other organization performing any of the Work or any Surety representing them. 2.1.8 The term "Owner" when used in the text of these General Conditions or other Contract Documents following this section shall also mean any duly authorized representative of the Owner when authorized in accordance with Paragraph 2.1.1. 2.2 EVALUATIONS BY OWNER: 2.2.1 The Owner will decide all questions which may arise as to: 2.2.1.1 Quality and acceptability of materials furnished; 2.2.1.2 Quality and acceptability of Work performed; 2.2.1.3 Compliance with the Schedule of Progress; 2.2.1.4 Interpretation of Contract Documents; 2.2.1.5 Acceptable fulfillment of the Contract on the part of the Contractor. 2.2.2 In order to avoid cumbersome terms and confusing repetition of expressions in the Contract Documents, whenever the terms "as ordered", "as directed", "as required", "as approved", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used it shall be understood as if the expression were followed by the words "the Owner". 2.2.3 When such terms are used to describe a requirement, direction, review or judgment of the Owner as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). 2.2.4 The use of any such term or adjective shall not be effective to assign to the Owner any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 24 2.3 MEANS & METHODS: 2.3.1 The means, methods, techniques, sequences or procedures of construction, or safety precautions and the program incident thereto, and the failure to perform or furnish the Work in accordance with the Contract Documents are the sole responsibility of the Contractor. 2.4 VISITS TO SITE: 2.4.1 The Owner will make visits to the site, off-site fabrication sites and approved remote storage sites at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. 2.4.2 Such observations or the lack of such observations shall in no way relieve the Contractor from his duty to perform the Work in accordance with the Contract Documents. 3. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE: 3.1 INCOMPLETE CONTRACT DOCUMENTS: 3.1.1 The execution of the Contract by the Contractor is considered a representation that the Contractor examined the Contract Documents to make certain that all sheets and pages were provided and that the Contractor is satisfied as to the conditions to be encountered in performing the Work. 3.1.2 The Owner expressly denies any responsibility or liability for a Bid submitted on the basis of an incomplete set of Contract Documents. 3.2 COPIES OF CONTRACT DOCUMENTS: 3.2.1 The Owner shall furnish to the Contractor up to five copies of the Contract Documents. 3.2.2 Additional copies will be furnished, upon request, at the cost of reproduction stated in the Invitation to Bid. 3.3 SCOPE OF WORK: 3.3.1 The Contract Documents comprise the entire Contract between the Owner and the Contractor concerning the Work. 3.3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Regulatory Requirements of the place of the Project. 3.3.3 It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of the Contract to create in the public or any member thereof a third party benefit, or to authorize anyone not a party to this Contract to maintain a suit pursuant to the terms or provisions of the Contract. 3.4 INTENT OF CONTRACT DOCUMENTS: 3.4.1 It is the intent of the Contract Documents to describe a functionally complete Project to be constructed in accordance with the Contract Documents. 3.4.2 Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied, without any adjustment in Contract Amount or Contract Time, whether or not specifically called for. 3.4.3 Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Regulatory Requirements of any governmental authority, whether such reference be specific or by implication, shall mean the edition stated in the Contract Documents or if not stated the latest standard specification, manual, code or Regulatory Requirements in effect at the time of advertisement for the Project (or, in the Effective Date of the Contract if there was no advertisement). 3.4.4 However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the 25 duties and responsibilities of the Owner and the Contractor, or any of their Consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the Owner or any of the Owner's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 3.4.5 Unless otherwise specified in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.5 DISCREPANCY IN CONTRACT DOCUMENTS: 3.5.1 Before undertaking the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures, and dimensions shown thereon and all applicable field measurements. 3.5.2 Work in the area by the Contractor shall imply verification of figures, dimensions and field measurements. 3.5.3 If, during the above study or during the performance of the Work, the Contractor finds a conflict, error, discrepancy or omission in the Contract Document, or a discrepancy between the Contract Documents and any standard specification, manual, code, or regulatory requirement which affects the Work, the Contractor shall promptly report such discrepancy in writing to the Owner. 3.5.4 The Contractor shall obtain a written interpretation or clarification from the Owner before proceeding with any Work affected thereby. 3.5.5 Any adjustment made by the Contractor without this determination shall be at his own risk and expense. 3.5.6 However, the Contractor shall not be liable to the Owner for failure to report any conflict, error or discrepancy in the Contract Documents unless the Contractor had actual knowledge thereof or should reasonably have known thereof. 3.6 DISCREPANCY - ORDER OF PRECEDENCE: 3.6.1 When conflicts, errors, or discrepancies within the Contract Documents exist, the order of precedence from most governing to least governing will be as follows: 3.6.1.1 Supplementary Conditions 3.6.1.2 General Conditions 3.6.1.3 Technical Specification 3.6.1.4 Drawings 3.6.1.5 Standard Construction Details 3.6.1.6 Standard Specifications 3.6.2 The Contractor shall not take advantage of any apparent error or omission in the Contract Documents. If the Contractor discovers an error or omission, the Owner shall be promptly notified. The Owner will make corrections and interpretation as necessary to fulfill the intent of the Contract. Scaled measurements shall not be used when the dimensions on the plan are given or can be computed. 3.7 CLARIFICATIONS AND INTERPRETATIONS: 3.7.1 The Owner will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as the Owner may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. 3.8 REUSE OF DOCUMENTS: 3.8.1 Neither the Contractor nor any subcontractor, or supplier or other person or organization performing or furnishing any of the Work under a direct or indirect Contract with the Owner shall have or acquire any title to or ownership rights in any of the Contract Documents (or copies thereof) prepared by or for the Owner and they shall not reuse any of the Contract Documents on extensions of the Project or any other Project without written consent of the Owner. 3.8.2 Contract Documents prepared by the Contractor in connection with the Work shall become the property of the Owner. 26 4. ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS: 4.1 AVAILABILITY OF LANDS: 4.1.1 The Owner shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for use of the Contractor in connection with the Work. 4.1.2 Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Owner, unless otherwise provided in the Contract Documents. 4.1.3 The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 VISIT TO SITE: 4.2.1 The execution of the Contract by the Contractor is considered a representation that the Contractor has visited and carefully examined the site and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the Contract Documents. 4.3 EXPLORATIONS AND REPORTS: 4.3.1 Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Owner in preparation of the Contract Documents. 4.3.2 The Contractor may for his purposes rely upon the accuracy of the factual data contained in such reports, but not upon interpretations or opinions drawn from such factual data contained therein or for the completeness or sufficiency thereof. 4.3.3 Except as indicated in the immediately preceding sentence and in paragraphs 4.4 and 9.9, Contractor shall have full responsibility with respect to surface and subsurface conditions at the site. 4.4 UTILITIES: 4.4.1 The horizontal and vertical locations of known underground utilities as shown or indicated by the Contract Documents are approximate and are based on information and data furnished to the Owner by the owners of such underground utilities. 4.4.2 The Contractor shall have full responsibility for: 4.4.2.1 Reviewing and checking all information and data concerning utilities. 4.4.2.2 Locating all underground utilities shown or indicated in the Contract Documents which are affected by the Work. 4.4.2.3 Coordination of the Work with the owners of all utilities during construction. 4.4.2.4 Safety and protection of all utilities as provided in paragraph 6.16. 4.4.2.5 Repair of any damage to utilities resulting from the Work in accordance with paragraphs 4.4.4 and 4.5. 4.4.3 If Work is to be performed by any utility owner, the Contractor shall cooperate with such owner to facilitate the Work. 4.4.4 In the event of interruption to any utility service as a result of accidental breakage or as a result of being exposed or unsupported, the Contractor shall promptly notify the utility owner and the Owner. 4.4.5 If service is interrupted repair Work shall be continuous until the service is restored. 4.4.6 No Work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority. 4.5 DAMAGED UTILITIES: 4.5.1 When utilities are damaged by the Contractor, the utility owner shall have the choice of repairing the utility or having the Contractor repair the utility. 4.5.2 In the following circumstances, the Contractor shall reimburse the utility Owner for repair costs or provide at no cost to the utility owner or the Owner, all materials, equipment and labor necessary to complete repair of the damage: 27 4.5.2.1 When the utility is shown or indicated in the Contract Documents. 4.5.2.2 When the utility has been located by the utility owner. 4.5.2.3 When no locate was requested by the Contractor for utilities shown or indicated in the Contract Documents. 4.5.2.4 All visible utilities. 4.5.2.5 When the Contractor could have, otherwise, reasonably been expected to be aware of such utility. 4.6 UTILITIES NOT SHOWN OR INDICATED: 4.6.1 If, while directly performing the Work, an underground utility is uncovered or revealed at the site which was not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been expected to be aware of, the Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.18) identify the Owner of such underground facility and give written notice thereof to that owner and to the Owner. 4.6.2 The Owner will promptly review the underground utility to determine the extent to which the Contract Documents and the Work should be modified to reflect the impacts of the discovered utility. 4.6.3. The Contract Documents will be amended or supplemented to the extent necessary through the issuance of a Change Order by the Owner. 4.6.4 During such time, the Contractor shall be responsible for the safety and protection of such underground utility as provided in paragraph 6.16. 4.6.5 The Contractor may be allowed an increase in the Contract Amount or an extension of the Contract Time, or both, to the extent that they are directly attributable to the existence of any underground utility that was not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been expected to be aware of. 4.7 SURVEY CONTROL: 4.7.1 The Owner will identify sufficient horizontal and vertical control data to enable the Contractor to survey and layout the Work. 4.7.2 All survey control work shall be performed under the direct supervision of a registered Land Surveyor. 4.7.3 Upon completion of survey work, all equipment and unused materials shall be removed and the Owner’s property shall be left in a neat and clean condition satisfactory to the Owner. 4.7.4 Should the Contractor or its subcontractor fail to comply with the preceding subparagraph, the Owner may perform the required clean-up. All Owner costs and expenses for performing this work shall be collected from the Contractor. 5. ARTICLE 5 - BONDS, INSURANCE, AND INDEMNIFICATION: 5.1 DELIVERY OF BONDS: 5.1.1 When the Contractor delivers the executed Contract to the Owner, the Contractor shall also deliver to the Owner such bonds as the Contractor may be required to furnish in accordance with paragraph 5.2. 5.2 BONDS: 5.2.1 The Contractor shall furnish Performance and Payment Bonds, each in an amount as shown on the Contract as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. 5.2.2 These bonds shall remain in effect for one year after the date of Final Completion and until all obligations under this Contract, except special guarantees as per paragraph 12.7, have been met. 5.2.3 All bonds shall be furnished on forms provided by the Owner (or copies thereof) and shall be executed by such Sureties as are authorized to do business in the State of Alaska. 5.2.4 The Owner may at his option copy the Surety with notice of any potential default or liability. 28 5.3 REPLACEMENT OF BOND AND SURETY: 5.3.1 If the Surety on any bond furnished in connection with this Contract is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.2, or otherwise becomes unacceptable to the Owner, or if any such Surety fails to furnish reports as to his financial condition as requested by the Owner, the Contractor shall within five days thereafter substitute another bond and Surety, both of which must be acceptable to Owner. 5.4 INSURANCE REQUIREMENTS: 5.4.1 The Contractor shall carry and maintain throughout the life of this Contract, at its own expense, insurance not less than the amounts and coverage herein specified, and the Owner shall be named as an additional named insured under the insurance coverage so specified, with respect to the performance of the Work. 5.4.2 There shall be no right of subrogation against the Owner or its agents performing work in connection with the Work, and this waiver of subrogation shall be endorsed upon the policies. 5.4.3 Insurance shall be placed with the companies acceptable to the Owner, and these policies providing coverage thereunder shall contain provisions that no cancellation or material changes in the policy shall become effective except upon 30 days prior written notice thereof to the Owner. 5.4.4 Prior to commencement of the Work, the Contractor shall furnish certificates to the Owner, in duplicate, evidencing that the insurance policy provisions required hereunder are in force. 5.4.5 Acceptance by the Owner of deficient evidence of insurance does not constitute a waiver of Contract insurance requirements. 5.4.6 The Contractor shall furnish the Owner with certified copies of policies upon request. The minimum coverages and limits required are as follows: 5.4.7 Worker's Compensation insurance in accordance with the statutory coverages required by the State of Alaska and Employers Liability insurance with limits not less than $1,000,000 and, where applicable, insurance in compliance with any other statutory obligations, whether State or Federal, pertaining to the compensation of injured employees assigned to the Work, including but not limited to Voluntary Compensation, Federal Longshoremen and Harbor Workers Act, Maritime and the Outer Continental Shelf's Land Act and the Federal Employers Liability Act. 5.4.8 Commercial General Liability with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate for Bodily Injury and Property Damage, including coverage for Premises and Operations Liability, Products and Completed Operations Liability, Contractual Liability, Broad Form Property Damage Liability and Personal Injury Liability. Coverage shall not contain any exclusions of Explosion, Collapse, or Underground. 5.4.9 Commercial Automobile Liability on all owned, non-owned, hired and rented vehicles with limits of liability of not less than $1,000,000 Combined Single Limit for Bodily Injury and Property Damage per each accident or loss. 5.4.10 If Work involves use of aircraft, Aircraft Liability insurance covering all owned and non- owned aircraft with a per occurrence limit of not less than $5,000,000. 5.4.11 If Work involves use of watercraft, Protection and Indemnity insurance with limits not less than $5,000,000 per occurrence. Hull and Machinery coverage is to be carried on the vessel for the full current market value. This coverage requirement may waived at the discretion of the Owner if the Contractor self-insures the equipment and will waive all rights of recovery against the Owner in writing. 5.4.12 Where applicable, Professional Liability insurance with limits of not less than $1,000,000 per claim and $2,000,000 aggregate, subject to a maximum deductible $10,000 per claim. The Owner has the right to negotiate increase of deductibles subject to acceptable financial information of the policyholder. 5.4.13 Where applicable, Pollution Liability insurance with a Project limit of not less than $5,000,000 to include coverage for Asbestos, Hazardous Materials, Lead or other related environmental hazards. 5.4.14 Builder's Risk Insurance: Coverage shall be on an "All Risk" completed value basis and protect the interests of the Owner the Contractor and his subcontractors. Coverage shall include all materials, equipment and supplies that are intended for specific installation in the Project while such materials, supplies and equipment are located at the Project site and in transit from port of arrival to jobsite and while temporarily located away from the Project site. 29 5.4.15 All insurance policies as described above are required to be written on an "occurrence" basis. In the event occurrence coverage is not available, the Contractor agrees to maintain "claims made" coverage for a minimum of two years after Project Completion. 5.5 INDEMNIFICATION: 5.5.1 The Contractor shall indemnify, save harmless, and defend the Owner and its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from the Work or the Contractor's performance of this Contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the negligence of the Owner or its agents. 6. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES: 6.1 SUPERVISION OF WORK: 6.1.1 The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. 6.1.2 All Work under this Contract shall be performed in a skillful and workmanlike manner. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 6.1.3 The Contractor shall keep on the Work at all times during its progress a competent resident superintendent. The Owner shall be advised in writing of the superintendent's name, local address, and telephone number. This written advice is to be kept current until Final Completion. 6.1.4 The superintendent will be the Contractor's representative at the site and shall have full authority to act and sign documents on behalf of the Contractor. 6.1.5 All communications given to the superintendent shall be as binding as if given to the Contractor. 6.1.6 The Contractor shall cooperate with the Owner in every way possible. 6.2 CHARACTER OF WORKERS: 6.2.1 The Contractor shall provide a sufficient number of competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. 6.2.2 The Contractor shall at all times maintain good discipline and order at the site. 6.2.3 The Owner may, in writing, require the Contractor to remove from the Work any employee the Owner deems incompetent, careless, or otherwise detrimental to the progress of the Work, but the Owner shall have no duty to exercise this right. 6.3 CONTRACTOR TO FURNISH: 6.3.1 Unless otherwise specified in the Contract Documents, the Contractor shall furnish and assume full responsibility for all materials, equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4 MATERIALS AND EQUIPMENT: 6.4.1 All materials and equipment shall be of specified quality and new, except as otherwise provided in the Contract Documents. If required by the Owner, the Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 6.4.2 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the Owner or any of the Owner's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 2.3 or 2.4. 30 6.5 ANTICIPATED SCHEDULES: 6.5.1 The construction of this project shall be planned and recorded with a Critical Path Method ("CPM") schedule. The schedule shall be used for coordination and monitoring of all work under the contract including all activity of subcontractors, manufacturers, supplies, utility companies and review activity of the Owner. Within a reasonable time prior to the preconstruction conference, the Contractor shall submit for Owner’s approval, a detailed initial CPM schedule. The schedule shall meet the requirements set forth below. The construction time for the entire project shall not exceed the specified Contract Time. Following the Owner's review, if revisions to the proposed CPM schedule are required, the Contractor shall do so promptly. The CPM schedule must be finalized within 30 days of the Notice to Proceed. 6.5.2 The CPM schedule shall be presented as a Precedence Diagram Network developed in the activity-on-node format and shall include a description of no less than 15 major project activities, the duration of each of the project activities, the resources required for each of the project activities, including: 6.5.2.1 labor, showing workdays per week, holidays, shifts per day, men per shift, and hours per shift; 6.5.2.2 equipment, including the number of units of each type of equipment; and 6.5.2.3 materials. 6.5.3 Owner reserves the right to adjust or add to the required project activities. 6.5.4 The activity-on-node diagram shall show the sequence and interdependence of all activities required for complete performance of all items of Work under this Contract, including shop drawings submittals and reviews and fabrication and delivery activities. No activity duration shall be longer than 15 working days without the Owner's approval. Owner reserves the right to limit the number of activities on the schedule. 6.5.5 Before proceeding with any Work on site, the Contractor shall prepare, submit, and receive the Owner's approval of a 60-Day Preliminary Schedule. The Preliminary Schedule shall provide a detailed breakdown of activities scheduled for the first 60 days of the project and summary of activities for Work beyond 60 days. Said schedule shall include mobilization, submittals, procurement, and construction. 6.5.6 No Work may be pursued at the site without an approved 60-Day Preliminary Schedule or an approved CPM schedule. A Finalized CPM Schedule with detailed breakdown of activities for the entire contract period shall be submitted prior to the first progress payment and accepted prior to application of the second progress payment. The Contractor shall create a baseline schedule of the Accepted Finalized Schedule. 6.5.7 Within fifteen days after the date of the Notice to Proceed, the Contractor shall submit to the Owner for review: anticipated schedule of Shop Drawing submissions, and anticipated Schedule of Values for all of the Work which will include quantities and prices of items aggregating the Contract Amount and will subdivide the Work into no less than 15 line item component parts to serve as the basis for progress payments during construction. 6.5.8 Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by the Contractor at the time of submission 6.5.9 The CPM schedule shall be submitted in an MS Project 2000 format. For each submittal required hereunder, Contractor shall submit one copy in an electronic format and one hard copy. 6.6 FINALIZING SCHEDULES: 6.6.1 Prior to processing the first Application for Payment, the Owner and the Contractor will finalize the schedules required by paragraph 6.5. 6.6.2 Acceptance by the Owner of the progress schedule will neither impose on the Owner nor relieve the Contractor from full responsibility for the progress or scheduling of the Work. 6.6.3 If accepted, the Finalized Schedule of Shop Drawings and other required submissions will be acceptable to the Owner as providing a workable arrangement for processing the submissions. If accepted the Finalized Schedule of Values will be acceptable to the Owner as an approximation of anticipated value of Work accomplished over the anticipated Contract Time. 6.6.4 Receipt and acceptance of a schedule submitted by the Contractor shall not be construed to assign responsibility for performance or contingencies to the Owner or relieve the Contractor of his responsibility to adjust his forces, equipment, and work schedules as may be necessary to insure completion of the Work within prescribed Contract Time. 31 6.6.5 Should the prosecution of the Work be discontinued for any reason, the Contractor shall notify the Owner at least 24 hours in advance of resuming operations. 6.7 ADJUSTING SCHEDULES: 6.7.1 Job site progress meetings will be held bi-weekly by the Owner and the Contractor for the purpose of updating the CPM schedule. Progress will be reviewed to verify finish dates of completed activities, remaining duration of uncompleted activities, and any proposed logic and/or time estimate revisions. The Contractor shall submit a reviewed CPM schedule within seven (7) calendar days after this meeting. The revised schedule shall show finish dates of completed activities and updated times for the remaining Work, including any addition, deletion, or revision of activities required by contract modification. In submitting a revised CPM schedule, the Contractor shall state specifically the reason for the revision and the adjustments made in this schedule or methods of operation to ensure completion of all Work within the Contract Time. 6.7.2 The Contract Time will be adjusted only for causes specified in this Contract. As determined by CPM analysis, only delays in activities, which affect milestones dates or contract completion dates will be considered for a time extension. It is understood and agreed by the Owner and the Contractor that float is shared equally. Project float is the time between the scheduled completion of the Work and Substantial Completion and is a resource available to both the Owner and the Contractor. Neither owns the float: the Project owns the float. As such, liability for delay of the Substantial Completion date rests with the party whose actions, last in time, actually cause delay to the Substantial Completion date. 6.7.3 In addition to the CPM schedule, every week during construction, the Contractor shall submit a work plan detailing his/her proposed operations for the forthcoming two (2) weeks. The work plan presented shall be a time scaled Two Week Look Ahead bar chart based and correlated by activity number to the current schedule. In the event portions of the Work affecting critical milestone dates or contract completion dates are in danger of being delayed, or actually are delayed, the Contractor shall develop and present a plan for remedial action. This plan shall detail the following: 6.7.3.1 work activities; 6.7.3.2 manpower involved by trade; 6.7.3.3 work hours; 6.7.3.4 equipment involved; and 6.7.3.5 the location of the work to be performed. 6.7.4 Preparation and updating of the CPM schedule and Two Week Work Plans will not be paid for directly. Failure to submit the CPM work schedule and Two Week Work Plans as specified will result in partial withholding of progress payments. 6.8 SUBSTITUTES OR "OR-EQUAL" ITEMS: 6.8.1 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. 6.8.2 Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the Owner only if sufficient information is submitted by the Contractor which clearly demonstrates to the Owner that the material or equipment proposed is equivalent or equal in all aspects to that named. 6.8.3 Requests for review of substitute items of material and equipment will not be accepted by the Owner from anyone other than the Contractor. 6.8.4 If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Owner for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. 6.8.5 The application will state that the evaluation and acceptance of the proposed substitute will not delay the Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct Contract with the Owner for Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work 32 is subject to payment of any license fee or royalty. 6.8.6 All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. 6.8.7 The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Owner in evaluating the proposed substitute. 6.8.8 The Owner may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute. 6.8.9 The Owner may reject any substitution request which the Owner determines is not in the best interest of the Owner. 6.9 SUBSTITUTE MEANS AND METHODS: 6.9.1 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Owner, if the Contractor submits sufficient information to allow the Owner to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. 6.10 EVALUATION OF SUBSTITUTION: 6.10.1 The Owner will be allowed a reasonable time within which to evaluate each proposed substitute. The Owner will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Owner's prior written acceptance which will be evidenced by either a Change Order or a Shop Drawing approved in accordance with paragraphs 6.19 and 6.20. The Owner may require the Contractor to furnish at the Contractor's expense a special Performance Bond or other Surety with respect to any substitute. 6.11 DIVIDING THE WORK: 6.11.1 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among subcontractors or suppliers or delineating the Work to be performed by any specific trade, except as required by law. 6.12 SUBCONTRACTORS: 6.12.1 The Contractor may utilize the services of licensed specialty subcontractors on those parts of the Work which, under normal contracting practices, are performed by licensed specialty subcontractors, in accordance with the following conditions: 6.12.2 The Contractor shall not award any Work to any subcontractor without prior written Approval of the Owner. This Approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor which shall contain required E.E.O. Documents, evidence of insurance, and a copy of the proposed subcontract executed by the subcontractor. 6.12.3 No acceptance by the Owner of any such subcontractor shall constitute a waiver of any right of the Owner to reject Defective Work. 6.12.4 The Contractor shall be fully responsible to the Owner for all acts and omissions of the subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect Contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. 6.12.5 All Work performed for Contractor by a subcontractor will be pursuant to an appropriate written agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the Owner and contains waiver provisions as required by paragraph 13.17 and termination provisions as required by Article 14. 6.12.6 Nothing in the Contract Documents shall create any contractual relationship between the Owner and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the Owner to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by Regulatory Requirements. 33 6.12.7 The Owner will not undertake to settle any differences between or among the Contractor, subcontractors, or suppliers. 6.12.8 The Contractor and subcontractors shall coordinate their Work and facilitate general progress of Work. 6.12.9 Each trade shall afford other trades every reasonable opportunity for installation of their Work and storage of materials. 6.12.10 If cooperative Work of one trade must be altered due to lack of proper supervision, or failure to make proper provisions in time by another trade, such conditions shall be remedied by the Contractor with no change in Contract Amount or Contract Time. 6.12.11 The Contractor shall include on his own payrolls any person or persons working on the Contract who are not covered by written subcontract, and shall ensure that all subcontractors include on their payrolls all persons performing Work under the direction of the subcontractor. 6.13 USE OF PREMISES: 6.13.1 The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project limits and approved remote storage sites and lands and areas identified in and permitted by Regulatory Requirements, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.13.2 The Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. 6.13.3 Should any claim be made against the Owner by any such owner or occupant because of the performance of the Work, the Contractor shall defend, indemnify and hold the Owner and its agents harmless therefrom. 6.14 STRUCTURAL LOADING: 6.14.1 The Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.15 RECORD DOCUMENTS: 6.15.1 The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Field Memos, Work Orders, Change Orders, Supplemental Agreements, and written interpretations and clarifications issued pursuant to paragraph 3.7 in good order and annotated to show all changes made during construction. 6.15.2 Copies of these record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be provided to the Owner on site. 6.15.3 Upon completion of the Work, the annotated record documents, samples and Shop Drawings will be delivered to the Owner. 6.15.4 Record documents shall accurately record variations in the Work which vary from requirements shown or indicated in the Contract Documents. 6.16 SAFETY AND PROTECTION: 6.16.1 The Contractor alone shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 6.16.2 The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.16.2.1 All employees on the Work and other persons and organizations who may be affected thereby; 6.16.2.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.16.2.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. 34 6.16.3 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 Owner 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. It is a condition of this contract, and shall be made a condition of each subcontract entered into pursuant to this contract, that the Contractor and any subcontractor shall not permit any employee in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety, as determined under the OSHA construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 6.16.4 The Contractor shall notify owners of adjacent property and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. 6.16.5 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 or Contract Time except as stated in paragraph 4.6, 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. 6.16.6 The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until Final Completion except as otherwise expressly provided in connection with Substantial Completion. 6.16.7 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 Owner. 6.17 WORK SAFETY ON RAILROAD PROPERTY: 6.17.1 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 at 907-265-2440. Safety information is also available on the ARRC website at www.alaskarailroad.com. 6.17.2 In the event Contractor or its subcontractor will be performing construction or other activities on or in close proximity to a railroad track, the Contractor shall be responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection (“RWP”) regulations (49 CFR 214, Subpart C). Under 49 CFR 214, Subpart C, railroad contractors are responsible for the training of their employees on these regulations. All RWP related Work shall be conducted in strict compliance with the RWP safety standards set forth in 49 CFR 214, Subpart C and the Contractor will be required to submit a Railroad Safety Plan to ARRC to demonstrate compliance with said safety standards prior to beginning any RWP related Work. Specific information on Railroad Safety Plans may be obtained from the ARRC Safety Office at 907-265-2440. 6.17.3 In the event Contractor will be performing construction or other activities on a railroad bridge, the provisions of 49 CFR 214 regarding bridge worker safety shall apply. All bridge related Work shall be conducted in strict compliance with the bridge worker safety standards set forth in 49 CFR 214 and the Contractor will be required to submit a Railroad Safety Plan to ARRC to demonstrate compliance with said safety standards prior to beginning any bridge related Work. 6.17.4 Contractor shall arrange with ARRC to keep itself informed on the time of arrival of all trains 35 and shall stop any of Contractor's or Subcontractor's operations which might be or cause a hazard to the safe passage of the train past the Work site from 10 minutes before the expected arrival of the train until it has passed or at any other time as directed by the flagman. 6.17.5 ARRC flag protection is required before any activity can occur on or near a railroad operating facility such as a track, yard, bridge or shop building. For incidental work, such as surveying or inspection, an ARRC qualified flagman will provide a safety briefing prior to the commencement of the Work to discuss how and when protection from train traffic is to be provided For any activity involving a disturbance or potential disturbance to the track, track embankment, or any railroad facility, ARRC may require a specific Railroad Safety Plan prior to startup. Projects which involve activities which cross the tracks or are longitudinal to the tracks will require a specific Railroad Safety Plan and a one hour ARRC provided training course for Contractor’s project supervisors prior to the initiation of Work on ARRC property. 6.17.6 The Contractor and/or Subcontractor shall arrange for ARRC flag protection when performing any Work within 20 feet of any track. All Work within 20 feet of the track shall cease when a train passes and all Contractor and Subcontractor employees shall maintain a distance of at least 20 feet from the track until the train has safely passed. In addition, any Work that could come within 20 feet of the track will cease when a train passes. For example, crane or pile driving activities shall stop when trains pass when the maximum boom and suspended load radius can come within 20 feet of the tracks. Pile driving shall not be done when trains are passing the Work site. Vehicles and other construction equipment shall not be operated or parked closer than 20 feet from any track without ARRC flag protection. 6.17.7 Track outages require ARRC’s prior approval. Prior to a proposed track outage, the Contractor shall submit a closure plan to ARRC for approval. The plan will describe the Work to be accomplished, the equipment, manpower and other resources required, and the schedule. Once approved by ARRC, the Contractor shall follow the plan. ARRC reserves the right to assume control of the Work to reestablish rail service if the schedule is not met. Contractor shall bear all costs and damages which may result from failure to meet the closure schedule. 6.17.8 Whenever an ARRC flag person is required for performance of the Work, he or she will be provided by the ARRC at no expense to the Contractor. A minimum of 48 hours’ notice is required for ARRC flag protection. 6.18 EMERGENCIES: 6.18.1 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Owner, is obligated to act to prevent threatened damage, injury or loss. 6.18.2 The Contractor shall give the Owner prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents is required because of the action taken in response to an emergency. A change will be authorized by one of the methods indicated in paragraph 9.2, as determined appropriate by the Owner. 6.19 SHOP DRAWINGS AND SAMPLES: 6.19.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the Contract Documents, the Contractor shall submit to the Owner for review and Approval in accordance with the accepted schedule of Shop Drawing submissions the required number of all Shop Drawings, which will bear a stamp or specific written indication that the Contractor has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Owner may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Owner to review the information as required. 6.19.2 The Contractor shall also submit to the Owner for review and Approval with such promptness as to cause no delay in Work, all samples required by the Co