9-1.PROJECT MANUAL 10-4-26 (stamped).pdf

PROJECT MANUAL

FOR

PROJECT

CENTERPOINT SOUTH COMMERCE AND TRADE PARK-

L&S RAILWAY SPUR CONSTRUCTION PROJECT

LOCATION

JENKINS TOWNSHIP, LUZERNE COUNTY

OWNER

MERICLE RIVER ROAD, LLC

100 BALTIMORE DRIVE

WILKES BARRE, PA 18702

OCTOBER 4, 2026

ENGINEER:

VIA RAIL ENGINEERING INC.

14727 MARIBEL RD.

MARIBEL, WI 54227

682-429-2298

Job Number: RA26046.00

Table of Contents Page 00010-1 of 00010-2

TABLE OF CONTENTS

Section Number Title

INTRODUCTORY INFORMATION

00010 00015

BIDDING REQUIREMENTS

00111 00200 Bid Form

00430 00451 00460

00461 00462

00463 00470 00471 00472 00510

CONTRACT DOCUMENTS

00520

APPENDIX 4

00550 00610 00615 00618 00620 00625 00650 00700

00800

APPENDIX 3

00820

APPENDIX 5

APPENDIX 6

APPENDIX 7

APPENDIX 8

00830

Table of Contents List of Drawings

Advertisement for Bids Instructions to Bidders Bid Form is available online within PennBid’s Bid Tab Bid Bond (Penal Sum Form) Qualifications Statement Affidavit RE Accepting Provisions of the Workmen’s Compensation Act Nondiscrimination/Sexual Harassment Clause Employment Eligibility Verification Compliance Form Public Works Employment Verification Form Instructions for Non-Collusion Affidavit Non- Collusion Affidavit Non-Collusion Affidavit of Subcontractor Notice of Award

Form of Agreement PennDOT BRFPW Standard Agreement Provisions Notice to Proceed Performance Bond Payment Bond Maintenance Bond Contractor’s Application for Payment Certificate of Substantial Completion Consent of Surety to Final Payment Form Standard General Conditions of the Construction Contract Supplementary Conditions PennDOT BRFPW Supplemental Conditions:

Trackwork Construction Additional State, Federal or Funding Agency Requirements Redevelopment Authority of Luzerne County:

Right of Entry & Insurance Requirements Code of Ethics

DBE, SBE, and Small Business Concern Additional Information BRFPW Rail Freight Assistance Program Grantee Environmental Information (Form M-9) Permits

Page Number

3333333

00010-1 to 00010-2 00015-1 to 00015-1

00111-1 to 00111-2 00200-1 to 00200-9 Online

00430-1 to 00430-2 00451-1 to 00451-12 00460-1 to 00460-1

00461-1 to 00461-2

00462-1 to 00462-1

00463-1 to 00463-1 00470-1 to 00470-1

00472-1 to 00472-1 00510-1 to 00510-1

00520-1 to 00520-7

Exhibit D

00550-1 to 00610-1 to 00610-3 00615-1 to 00615-3 00618-1 to 00618-3 00620-1 to 00620-4 00625-1 to 00625-1 00650-1 to 00650-1

00700-1 to 00700-65

00800-1 to 00800-19

APP 3-1 to APP 3-10

00820-1 to 00820-5

APP 5-1 to APP 5-6

APP 6-1 to APP 6-4

APP 7-1 to APP 7-6

APP 8-1 to APP 8-2

00830-1 to 00830-2

Table of Contents Page 00010-2 of 00010-2

CONTRACT DOCUMENTS

00840 Wage Rate Requirements 00940 Work Change Directive 00941 Change Order 00942 Field Order

00840-1 to 00840-7 00940-1 to 00940-1 00941-1 to 00941-1 00942-1 to 00942-1

SPECIFICATIONS

02450 Railroad Work Specifications 02450-1 to 02450-7

APPENDIX 1 NOT USED

APPENDIX 2 NOT USED

List of Drawings Page 00015- 1 of 00015-1

LIST OF DRAWINGS

CENTERPOINT SOUTH COMMERCE AND TRADE PARK-

L&S RAILWAY SPUR CONSTRUCTION PROJECT

JENKINS TOWNSHIP, LUZERNE COUNTY

Drawing No. DRAWING TITLE SHEET

NUMBER

GENERAL INFORMATION

G-01 COVER SHEET 1

G-02 GENERAL & TRACK CONSTRUCTION NOTES 2

PLAN & PROFILE

P-01 TRACK “A” PLAN & PROFILE STA 0+00 TO 12+50 3

P-02 TRACK “A” PLAN & PROFILE STA 12+50 TO EOT 4

TYPICAL DETAILS & SECTIONS

TD-01 TYPICAL DETAILS SHEET 1 OF 2 5

TD-01 TYPICAL DETAILS SHEET 2 OF 2 6

TS-02 TYPICAL TRACK SECTIONS 7

CROSS SECTIONS

X-01 TRACK “A” CROSS SECTIONS STA 0+00 TO 4+00 8

X-02 TRACK “A” CROSS SECTIONS STA 5+00 TO 10+00 9

X-03 TRACK “A” CROSS SECTIONS STA 11+00 TO 15+66 10

X-04 TRACK “A” CROSS SECTIONS STA 16+00 TO 20+00 11

X-05 TRACK “A” CROSS SECTIONS STA 20+33 TO EOT 12

X-06 TRACK “A” CROSS SECTIONS SPECIAL SECTIONS 13

Advertisement for Bids Page 00111-1 of 00111-2

MERICLE RIVER ROAD, LLC

100 BALTIMORE DRIVE

WILKES BARRE, PA 18702

CENTERPOINT SOUTH COMMERCE AND TRADE PARKL&

S RAILWAY SPUR CONSTRUCTION PROJECT

JENKINS TOWNSHIP, LUZERNE COUNTY

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of the CENTERPOINT SOUTH COMMERCE AND TRADE PARK- L&S RAILWAY SPUR CONSTRUCTION PROJECT will be received online via the PennBid Program, by MERICLE RIVER ROAD, LLC, until 2:00 PM local time on November 10th, 2026, at which time the bids will be opened electronically and shortly after which, bid tabulation results will be publicly posted on PennBid’s website.

The Project consists of the construction of a new, approximately 0.5-mile rail spur with mainline turnout connecting to the existing L&S Railway in Jenkins Township. Bids will be received for a single prime Contract. Bids shall be on a unit price basis as indicated in the Bid Form.

All bidding documents are available at no cost at https://pennbid.bonfirehub.com.

A pre-bid conference will be held on October 20th, 2026, 11:00 AM. Location details will be posted in PennBid. Attendance at the pre-bid conference is recommended but not mandatory.

Bid security shall be furnished in accordance with the Instructions to Bidders. The successful bidder will be required to provide a Performance Bond in the amount of 100% of the Contract.

The following wage rate requirements are applicable to this contract: PA Prevailing Wage Rates

Bidders must be PennDOT Prequalified as specified in section 102.01 of Publication 408.

Contractors qualifying as subcontractors may submit bids as a prime contractor, consistent with their qualifications and as specified in section 108.01, Publication 408. A Prequalification Certification and Applicable Capacity Rating assigned by the Prequalification Office of the Pennsylvania Department of Transportation is a necessary prerequisite for bidding on this project.

The Sponsor reserves the right to reject any or all bids or portions thereof or to waive any informalities in the bidding. If written notice of the acceptance of this Bid is mailed or delivered to the undersigned within sixty {60) days after opening thereof, or at any time thereafter before the Bid is withdrawn, the undersigned agrees to execute and deliver the Agreement in the form prescribed by Mericle River Road, LLC.

Advertisement for Bids Page 00111-2 of 00111-2

The Bidder, in accordance with the President's Executive Order 11246, will be required to ensure that employees and applicants for employment are not discriminated against on the basis of their race, color, religion, sex, sexual orientation, gender identity, or national origin in employment or the provision of services. Bidders are advised that PA Prevailing Minimum Wage Rates must be paid to workers employed on this project and are incorporated in the Contract Documents. These wage rate requirements are applicable to this contract for the entire duration of this project.

Mericle River Road, LLC does not discriminate on the basis of race, color, national origin, sex, religion, age, disability, or familial status in employment or the provision of services.

Mericle River Road, LLC is an Equal Opportunity/Affirmative Action Employer.

+ + END OF ADVERTISEMENT FOR BIDS + +

Instructions to Bidders Page 00200-i

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Wage Rate Requirements

ARTICLE 23 – Disadvantage Business Enterpirse (DBE) Solicitation Requirements

ARTICLE 24 – Other State, Federal & Funding Agency Requirements

ARTICLE 25 - Inspections

ARTICLE 26 - Work in Vicinity of Railroads

Page 00200-1 of 00200-9

This document was generated from the EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. The original form of this document has been modified herein for this specific project.

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

Complete sets of the Bidding Documents may be obtained online at no cost via the PennBid Program (https://pennbid.bonfirehub.com.)

2.01 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.02 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall complete and submit with its Bid the Bidder Qualification Statement included with the Bidding Documents. In addition, within the times indicated in the General Conditions, as may be modified by the Supplementary Conditions, Bidder shall submit a listing of proposed Subcontractors to be utilized on the project along with similar qualifications and responsibility information on all Subcontractors.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications

3.05 This project is a recipient of a Rail Freight Grant from the Pennsylvania Department of Transportation. In compliance with the policies of the Department’s Bureau of Rail Freight, Ports, and Waterways, bidders will be required to provide with their bids:

- Valid PA Vendor Id # (VDMU)

- FEIN

A. Additionally, if selected, the bidder will be required to provide a certificate of liability insurance naming the Pennsylvania Department of Transportation as an “other insured.”

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ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Bidder is responsible for all reproduction costs associated with requested reports and drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

Page 00200-3 of 00200-9

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. Bidders wishing to view the site must contact Jim Kean at jkean@mericle.com to arrange a date and time for access.

B. Bidder is responsible to obtain such additional or supplementary examinations, investigations, test borings, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the Site or otherwise, which may affect (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs or which the Bidder deems necessary to assume all risks in excavating for the Project and determine its bid for the Work.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

mailto:jkean@mericle.com

Page 00200-4 of 00200-9

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures, if any, at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings, if any, identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. obtain such additional or supplementary examinations, investigations, test borings, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the Site or otherwise, which may affect (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs or which Bidder deems necessary to assume all risks in excavating for the Project and determine its bid for the Work;

G. agree, based on the information and observations referred to in the preceding paragraphs, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

H. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

K. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

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ARTICLE 6 – PRE-BID CONFERENCE

6.01 Pre-Bid conference requirements and details are stated in the invitation or advertisement to bid.

If a conference is planned and listed as mandatory in the invitation or advertisement to bid, Bids will not be accepted from any Bidder that did not attend the mandatory conference.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing via the “Messages/Vendor Discussions” feature in PennBid. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda and posted within PennBid’s “Documents” tab. Notification via email will be made to all parties recorded as having downloaded the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 10 percent of Bidder’s total of all Bid prices for each bid (not including bid alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of

Page 00200-6 of 00200-9 material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the various portions of the Work. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price. No contract can be awarded to any contractor that is debarred by either the state or federal agency.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer accompanied by evidence of authority to submit.

13.03 A Bid by a partnership shall be executed in the partnership name and submitted by a partner accompanied by evidence of authority to submit.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to submit.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed and submitted by an authorized representative.

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ARTICLE 14 – BASIS OF BID

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) no later than the date and time indicated in the Invitations or Advertisements for Bids, along with the Bid security and other required documents and the other documents required to be submitted as identified herein.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn at any time prior to the date and time for the opening of Bids via the “Withdraw Bid” button in PennBid.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the invitation or advertisement to bid, a public notice will be issued via PennBid containing any available bid results. It should be noted that bid results are subject to further review and should not be construed as issuance of award.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

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19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

C. In the comparison of Bids, alternates will be applied in an order of priority as established solely by Owner. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and the combination of its additive alternate Bids as established by Owner.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. Bonds issuers must be listed in OMB Circular 570 and be licensed in the Commonwealth of PA.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 10 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – WAGE RATE REQUIREMENTS

22.01 Pennsylvania Prevailing Wages- Highway shall apply to this Contract. Prevailing Wage Rates can be found in the bid documents, Section 00840.

Page 00200-9 of 00200-9

ARTICLE 23 – DISADVANTAGE BUSINESS ENTERPIRSE (DBE) SOLICITATION REQUIREMENT

23.01 No DBE goal has been established with the project. However, Disadvantaged Business Enterprises, Small Business participation is encouraged. Bidders shall fulfill the requirements of Appendix 7 in Section 00820.

ARTICLE 24 – OTHER STATE, FEDERAL & FUNDING AGENCY REQUIREMENTS

24.01 Refer to Section 00820 for any other State, Federal or Funding Agency requirements.

ARTICLE 25 – INSPECTIONS

25.01 Project site will be subject to inspections throughout construction. Via Rail Engineering will provide construction observation and oversight for all rail related construction and perform no less than five inspections at defined stages of construction. The site will also be subject to inspection by RJ Corman, L&S Railway, and their designated agents, as necessary. Mericle River Road, LLC, as project sponsor, reserves the right to inspect any and all stages of construction, or designate agents to perform such inspections, as it deems necessary. Successful bidder shall make all arrangements necessary to allow for the above inspections throughout all phases of construction, including providing access to the site and coordination with the Rail Engineer.

ARTICLE 26 – WORK IN VICINITY OF RAILROADS

26.01 Contractor shall be required to provide insurance policies and coverages as described in the Permits Section 00830. In addition, there are terms and conditions of the Railroad/Owner’s agreement that the Contractor shall responsible for under this contract.

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

Page 00430-1 of 00430-2

PENAL SUM FORM

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $ (Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name

Print Name

Title

Title

Attest: Attest:

Signature Signature

Title Title Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

Page 00430-2 of 00430-2

PENAL SUM FORM

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.

If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC® C-451, Qualifications Statement.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00451-1 of 00451-12

QUALIFICATIONS STATEMENT

1. SUBMITTED BY:

Official Name of Firm:

Address:

2. SUBMITTED TO:

3. SUBMITTED FOR:

Owner:

Project Name:

TYPE OF WORK:

4. CONTRACTOR'S CONTACT INFORMATION

Contact Person:

Title:

Phone:

Email:

THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE EXTENT

PERMITTED BY LAWS AND REGULATIONS

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Page 00451-2 of 00451-12

5. AFFILIATED COMPANIES:

Name:

6. TYPE OF ORGANIZATION:

SOLE PROPRIETORSHIP

Name of Owner:

Doing Business As:

Date of Organization:

PARTNERSHIP

Date of Organization:

Type of Partnership:

Name of General Partner(s):

CORPORATION

State of Organization:

Date of Organization:

Executive Officers:

- President:

- Vice President(s):

- Treasurer:

- Secretary:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Page 00451-3 of 00451-12

LIMITED LIABILITY COMPANY

State of Organization:

Date of Organization:

Members:

JOINT VENTURE

Sate of Organization:

Date of Organization:

Form of Organization:

Joint Venture Managing Partner

- Name:

- Address:

Joint Venture Managing Partner

Joint Venture Managing Partner

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Page 00451-4 of 00451-12

7. LICENSING

Jurisdiction:

Type of License:

License Number:

Jurisdiction:

Type of License:

License Number:

8. CERTIFICATIONS CERTIFIED BY:

Disadvantage Business Enterprise:

Minority Business Enterprise:

Woman Owned Enterprise:

Small Business Enterprise:

Other ( ):

9. BONDING INFORMATION

Bonding Company:

Bonding Agent:

Contact Name:

Phone:

Aggregate Bonding Capacity:

Available Bonding Capacity as of date of this submittal:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Page 00451-5 of 00451-12

10. FINANCIAL INFORMATION

Financial Institution:

Account Manager:

Phone:

INCLUDE AS AN ATTACHMENT AN AUDITED BALANCE SHEET FOR EACH OF THE

LAST 3 YEARS

11. CONSTRUCTION EXPERIENCE:

Current Experience:

List on Schedule A all uncompleted projects currently under contract (If Joint Venture list each participant's projects separately).

Previous Experience:

List on Schedule B all projects completed within the last 5 Years (If Joint Venture list each participant's projects separately).

Has firm listed in Section 1 ever defaulted on or failed to complete a construction contract awarded to it?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

Has any Corporate Officer, Partner, Joint Venture participant or Proprietor ever defaulted on or failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

Are there any judgments, claims, disputes or litigation pending or outstanding involving the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture)?

YES NO

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Page 00451-6 of 00451-12

If YES, attach as an Attachment details including Project Owner's contact information.

Has the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture) within the past seven (7) years, been involved in any judgments, claims, disputes or litigation?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

Has the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture) within the past seven (7) years, made claims, made requests for extra compensation, made requests for additional compensation and/or similar claims/requests?

YES NO

If YES, attach as an Attachment details of the top ten (10) such projects including Project Owner's contact information, list of the claims/requests including a description, a dollar amount and the original contract price for the project. The ranking of the top ten (10) projects shall be based on the dollar amount of the claims/requests.

12. SAFETY PROGRAM:

Name of Contractor's Safety Officer:

Include the following as attachments:

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) OSHA No. 300- Log & Summary of Occupational Injuries & Illnesses for the past 5 years.

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all OSHA Citations & Notifications of Penalty (monetary or other) received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE.

Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all safety citations or violations under any state all received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE.

Provide the following for the firm listed in Section V (and for each proposed Subcontractor furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) the following (attach additional sheets as necessary):

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Page 00451-7 of 00451-12

Workers' compensation Experience Modification Rate (EMR) for the last 5 years:

Total Recordable Frequency Rate (TRFR) for the last 5 years:

Total number of man-hours worked for the last 5 Years:

Provide Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) Days Away From Work, Days of Restricted Work Activity or Job Transfer (DART) incidence rate for the particular industry or type of Work to be performed by Contractor and each of Contractor's proposed Subcontractors and Suppliers) for the last 5 years:

13. EQUIPMENT:

MAJOR EQUIPMENT:

List on Schedule C all pieces of major equipment available for use on Owner's Project.

YEAR EMR

YEAR EMR

YEAR EMR

YEAR EMR

YEAR EMR

YEAR TRFR

YEAR TRFR

YEAR TOTAL NUMBER OF MAN-HOURS

YEAR TOTAL NUMBER OF MAN-HOURS

YEAR DART

YEAR DART

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Page 00451-8 of 00451-12

I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS

TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.

NAME OF ORGANIZATION:

BY:

TITLE:

DATED:

NOTARY ATTEST:

SUBSCRIBED AND SWORN TO BEFORE ME

THIS DAY OF , 20

NOTARY PUBLIC - STATE OF

MY COMMISSION EXPIRES:

REQUIRED ATTACHMENTS

1. Schedule A (Current Experience).

2. Schedule B (Previous Experience).

3. Schedule C (Major Equipment).

4. Audited balance sheet for each of the last 3 years for firm named in Section 1.

5. Evidence of authority for individuals listed in Section 6 to bind organization to an agreement.

6. Resumes of officers and key individuals (including Safety Officer) of firm named in Section 1.

7. Required safety program submittals listed in Section 12.

8. Additional items as pertinent.

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