1-West Nanticoke and Hunlock Creek Structure Demolitions Project Manual.pdf

PROJECT MANUAL

WEST NANTICOKE AND HUNLOCK CREEK

STRUCTURE DEMOLITIONS

PLYMOUTH AND HUNLOCK TOWNSHIPS,

PENNSYLVANIA

LUZERNE COUNTY FLOOD PROTECTION AUTHORITY

WYOMING VALLEY LEVEE RAISING PROJECT

MITIGATION PROGRAM

January 2026

Prepared by:

Luzerne County Flood Protection Authority

P.O. Box 1909, Kingston Forty-Fort, PA 18704

TABLE OF CONTENTS 00010 - 1

WYOMING VALLEY LEVEE RAISING PROJECT

MITIGATION PROGRAM

TABLE OF CONTENTS

Section Number Title Number of Pages

DIVISION 0 -- BID REQUIREMENTS

Project Title Page 1 00010 Table of Contents 2

BIDDING REQUIREMENTS

00100 Invitation to Bid 1 00150 Project Information 1 00200 Instructions to Bidders 9 00410 Bid Form 5 00430 Bid Bond 2 00451 Bidder’s Qualifications 10 00460 Affidavit RE Accepting Provisions of the 1 Workmen’s Compensation Act 00461 Nondiscrimination/Sexual Harassment Clause 1 00462 Employment Eligibility Verification Compliance 1 Form 00463 Public Works Employment Verification Form 1 00470 Instructions for Non‐Collusion Affidavit 1

00471 Non‐Collusion Affidavit 2 00481 Certification of Non‐Segregated Facilities 1

CONTRACTING REQUIREMENTS

00510 Notice of Award 1 00520 Form of Agreement 6 00550 Notice to Proceed 1 00610 Performance Bond 3 00615 Payment Bond 3 00620 Contractor’s Application for Payment 8 00625 Certificate of Substantial Completion 1 00630 Maintenance Bond 3 00700 General Conditions 72 00800 Supplementary Conditions 3 00801 Pennsylvania Prevailing Wages 7

TABLE OF CONTENTS 00010 - 2

00802 Additional State, Federal or Funding Agency 6 Requirements 00803 Pennsylvania State Required Employee Notices 2

00941 Change Order 1

DIVISION 1 - GENERAL REQUIREMENTS

01000 General Requirements 5 Summary of Work Price and Payment Procedures Administrative Procedures Submittal Procedures Quality & Product Requirements Temporary Facilities and Controls Execution Requirements

DIVISION 2 – STRUCTURE DEMOLITION

02000 Building Demolition 5 Accessory Structure Demolition Site Clearing Utilities Backfill Rough Grading Seeding

APPENDICES

A Location Maps 3 B Site Photos 7 C Erosion and Sedimentation Control Plan 12 D DEP Chapter 106 Permit 4

E Easement Agreement 18 F Asbestos Inspection/Testing Report 12

TABLE OF CONTENTS 00010 - 1

WYOMING VALLEY LEVEE RAISING PROJECT

MITIGATION PROGRAM

TABLE OF CONTENTS

DIVISION 0 -- BID REQUIREMENTS

Project Title Page 1 00010 Table of Contents 2

BIDDING REQUIREMENTS

00100 Invitation to Bid 1 00150 Project Information 1 00200 Instructions to Bidders 9 00410 Bid Form 5 00430 Bid Bond 2 00451 Bidder’s Qualifications 10 00460 Affidavit RE Accepting Provisions of the 1 Workmen’s Compensation Act 00461 Nondiscrimination/Sexual Harassment Clause 1 00462 Employment Eligibility Verification Compliance 1 Form 00463 Public Works Employment Verification Form 1 00470 Instructions for Non‐Collusion Affidavit 1

00471 Non‐Collusion Affidavit 2 00481 Certification of Non‐Segregated Facilities 1

CONTRACTING REQUIREMENTS

00510 Notice of Award 1 00520 Form of Agreement 6 00550 Notice to Proceed 1 00610 Performance Bond 3 00615 Payment Bond 3 00620 Contractor’s Application for Payment 8 00625 Certificate of Substantial Completion 1 00630 Maintenance Bond 3 00700 General Conditions 72 00800 Supplementary Conditions 3 00801 Pennsylvania Prevailing Wages 7

TABLE OF CONTENTS 00010 - 2

00802 Additional State, Federal or Funding Agency 6 Requirements 00803 Pennsylvania State Required Employee Notices 2

00941 Change Order 1

DIVISION 1 - GENERAL REQUIREMENTS

01000 General Requirements 5 Summary of Work Price and Payment Procedures Administrative Procedures Submittal Procedures Quality & Product Requirements Temporary Facilities and Controls Execution Requirements

DIVISION 2 – STRUCTURE DEMOLITION

02000 Building Demolition 5 Accessory Structure Demolition Site Clearing Utilities Backfill Rough Grading Seeding

APPENDICES

A Location Maps 3 B Site Photos 6 C Erosion and Sedimentation Control Plan 12 D DEP Chapter 106 Permit 4

E Easement Agreement 18 F Asbestos Inspection/Testing Report 12

INVITATION FOR BIDS 00100 - 1

Structure Demolitions- West Nanticoke and Hunlock Creek February 2026

NOTICE TO BIDDERS

The Luzerne County Flood Protection Authority, Wilkes-Barre, PA will receive bids on the PennBid electronic procurement program until 10:00 AM, prevailing time, Wednesday, February 11, 2026 and publicly opened immediately thereafter for:

The Luzerne County Flood Protection Authority will be utilizing the PennBid electronic procurement program to advertise and manage the bid phase of this project. CONTRACT DOCUMENTS, including the PROJECT MANUAL, are available electronically on the PennBid website, (www.PennBid.net).

A Pre-Bid Meeting will be held on Friday, January 30, 2026 10:00am at the Luzerne County Flood Protection Authority Office, 1989 Wyoming Avenue, Forty-Fort, Luzerne County, Pennsylvania.

Submitted bids must be accompanied by a certified check, bid bond, bank cashier’s or trust company treasurer’s check as Bid Security in the amount of ten percent (10%) of the total amount of the bid made payable to the Luzerne County Flood Protection Authority. If the Bidder shall fail or refuse to enter into the contract after being given the award, the Bid Security shall be used as liquidated damages by the Authority for the Bidder’s failure or refusal to comply.

All bidders are hereby notified that all work under this contract is governed by the labor standards, and wage determination decisions issued by the Pennsylvania Department of Labor and Industry and are included in the Contract Documents.

The Luzerne County Flood Protection Authority reserves the right to reject any or all bids and to waive informalities in the Bidding.

BIDS may be held by OWNER for a period not to exceed sixty (60) days from the date of the opening of BIDS for the purpose of reviewing the BIDS and investigating the qualifications of Bidders prior to awarding the CONTRACT.

Any questions regarding this project may be directed to Ms. Kayla Roselle, Project Engineer, at (570) 714-4310, ext. 3, or by email at kroselle@lcfpa.org.

The Luzerne County Flood Protection Authority does not discriminate on the basis of race, color, national origin, sex, religion, age, family or handicapped status in employment or the provision of services. The Luzerne County Flood Protection Authority is an Equal Opportunity Employer.

For the Luzerne County Flood Protection Authority:

Dominic J. Yannuzzi, P.E.

Chairman http://www.pennbid.net/

PROJECT INFORMATION 00150 - 1

PROJECT INFORMATION

PROJECT OWNER: Luzerne County Flood Protection Authority

ADDRESS: P.O. Box 1909 Kingston, PA 18704

OWNER’S PROJECT REPRESENTATIVE/ENGINEER:

NAME: Luzerne County Flood Protection Authority

ADDRESS: P.O. Box 1909 Kingston, PA 18704

CONTACT: Kayla Roselle

PHONE: 570.714.4310 Ext.3

FAX: 570.714.4313

E-MAIL kroselle@lcfpa.org

PROJECT DESCRIPTION:

Work shall consist of the following: The clearing and demolition of all existing structure(s) (i.e. buildings, homes, detached garages, septic systems, oil/fuel tanks, paved areas, driveways, etc.) on the indicated parcel(s) and the grading and seeding of all disturbed areas and all incidental work related thereto in a manner such that the impacted parcel(s) drain properly and can be mowed and maintained by the Township.

The work includes three (3) residential/commercial properties.

BID DATE AND LOCATION:

A pre‐bid conference will be held for this project on Friday, January 30, 2026 at 10:00 a.m. at the Luzerne County Flood Protection Authority, 1989 Wyoming Avenue, Forty-Forty, PA 18704.

Sealed proposals will be received through PennBid until 10:00 a.m. Prevailing Local Time (PLT) on Wednesday, February 11, 2026. Bids will be opened on Wednesday, February 11, 2026 immediately following the deadline. It is anticipated that this project will be awarded at the Tuesday, February 17, 2026 regular meeting of the Luzerne County Flood Protection Authority Board.

mailto:kroselle@lcfpa.org

EJCDC® C-200, 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. Page 1

LUZERNE COUNTY FLOOD PROTECTION AUTHORITY

WYOMING VALLEY LEVEE RAISING PROJECT

MITIGATION PROGRAM

INSTRUCTIONS TO BIDDERS

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. Bidder – The individual or entity who submits a Bid directly to the Owner

B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award.

D. "OWNER"-- shall mean Luzerne County Flood Protection Authority, P.O. Box 1909, Kingston, Pennsylvania 18704. This shall be specific in that the functions and duties shall be performed by and under the direction and supervision of one or more employees of the Luzerne County Flood Protection Authority. Written notices and communications to the OWNER should be addressed to:

Luzerne County Flood Protection Authority P.O. Box 1909, Kingston, PA 18704

ATTN: Kayla Roselle

Office: (570) 714-4310, ext. 3 Fax: (570) 714-4313 E-Mail: kroselle@lcfpa.org

E. “ENGINEER”- shall mean Luzerne County Flood Protection Authority, P.O. Box 1909, Kingston, Pennsylvania 18704. This shall be specific in that the functions and duties shall be performed by and under the direction and supervision of one or more employees of the Luzerne County Flood Protection Authority.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the sum stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office as stated in the advertisement or Invitation to Bid. The sum is non-refundable.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; Owner assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

mailto:kroselle@lcfpa.org

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2

2.03 Owner, 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 submit with its Bid written evidence establishing its qualifications such as financial data, previous experience, similar experience demonstrating the ability to handle multi-stage demolition projects present commitments, and any other data that establishes their comprehensive experience to perform work required under this contract

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

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.

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.

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.

4. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner by owners of such Underground Facilities, including Owner, or others. There are underground facilities present at the site that could not be mapped

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 due to the lack of adequate information. The Bidder shall be responsible for the removal of these facilities whether identified on the plans or not. There shall be no claim for change order for encountering un-mapped underground facilities. The Bidder shall use their experience to determine what value the work may have, if any, and include same in their bid proposal.

B. 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.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

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.

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;

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. Consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 from visits to the Site; 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;

E. Agree, based on the information and observations referred to in the preceding paragraph, 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. In doing so Contractor acknowledges that all utilities may not be mapped on the Contract Drawings and shall assume all responsibility with respect to termination, relocation or replacement of said utilities as part of this contract. No claim for additional expense will be accepted for any utility work within the work area;

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

G. 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

H. 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.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner will be present to discuss the Project.

Bidders are encouraged to attend and participate in the conference. Owner will transmit to all prospective Bidders of record such Addenda as Owner considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Owner in writing. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven 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 ten (10%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 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 15 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.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 45 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially 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 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 of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the Effective Date of the Agreement.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 All Bidders are required to identify Subcontractors and Suppliers responsible for 5% or more of the Work as a Bid Attachment. Such lists shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute,

12.02 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, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6

Supplier so listed and against which Owner makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph

6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 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 sign. The state of formation of the firm and the official address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and official address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form and complete all required items identified on the Proposal. A separate price for each Eligible Activity described in the Bidding Documents and as provided for in the Bid Form must be completed.

B. Discrepancies between the additions of Eligible Activity and Lump Sum resolved in favor of the additions Eligible Activity prices. Discrepancies between the indicated sum of any column

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolve in favor of the words.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form and the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 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 advertisement. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 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.

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, breakdown of lump sum price on the Demolition/Site Restoration and Stabilization Proposal and other data, as may be requested in the Bid Form or prior to the Notice of Award.

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.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project and not necessarily to the lowest bidder.

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.

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 15 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 signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is not exempt from Commonwealth of Pennsylvania sales and use taxes on materials and equipment incorporated into the Work. Said sales tax shall be included in the bid.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9

ARTICLE 23 – PREVAILING WAGE

23.01 Pennsylvania Prevailing Wage Rates are included in this Project and govern all work under this Contract.

ARTICLE 24 – EQUAL EMPLOYMENT OPPORTUNITY

24.01 Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, sex, color, national origin, or religion, age, disability, or familial status.

EJCDC® C-410, Bid Form for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

MITIGATION PROGRAM

BID FORM

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Luzerne County Flood Protection Authority P.O. Box 1909 Kingston, PA 18704

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 45 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

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D. Bidder has considered 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 any Site-related reports and drawings 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.

E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this 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.

F. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and confirms that the written resolution thereof by Owner is acceptable to Bidder.

G. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

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

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

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4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s) as listed on the attached Bid:

MITIGATION PROGRAM

WEST NANTICOKE AND HUNLOCK CREEK

STRUCTURE DEMOLITIONS

Item Number Quantity Unit Description Total

(in Numbers)

0001 1 Lump Sum DEMOLITION OF PARCEL

242-246 State Route 11 Hunlock Creek

Total in Words Item 0001

0002 1 Lump Sum DEMOLITION OF PARCEL

12 South Mill Street, West Nanticoke

Total in Words Item 0002

0003 1 Lump Sum DEMOLITION OF PARCEL

74-76 Allen Street, West Nanticoke

Total in Words Item 0003

TOTAL BID AMOUNT:

(words) (numerals)

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within forty-five (45) calendar days of the date when the Contract Times commence to run.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

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ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Project References;

D. List of Experience Record and Qualifications;

E. Non-collusion Affidavit(s);

F. Evidence of authority to do business in Pennsylvania; or a written covenant to obtain such license within the time for acceptance of Bids;

G. Affidavit RE Accepting Provisions of the Workmen’s Compensation Act;

H. Nondiscrimination/Sexual Harassment Clause;

I. Employment Eligibility Verification Compliance Form;

J. Public Works Employment Verification Form;

K. Certification of Non-Segregated Facilities.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

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ARTICLE 9 – BID SUBMITTAL

9.01

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

PENAL SUM FORM

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

Prepared by the Engineers Joint Contract Documents Committee.

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 (Luzerne County Flood Protection Authority):

BID

Bid Due Date:

Description (WEST NANTICOKE AND HUNLOCK CREEK STRUCTURE DEMOLITIONS):

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

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

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

PENAL SUM FORM

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

Prepared by the Engineers Joint Contract Documents Committee.

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.

QUALIFICATIONS STATEMENT

THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE EXTENT

PERMITTED BY LAWS AND REGULATIONS

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:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

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, 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,

7. LICENSING

Jurisdiction:

Type of License:

License Number:

Jurisdiction:

Type of License:

License Number:

8. BONDING INFORMATION

Bonding Company:

Bonding Agent:

Contact Name:

Aggregate Bonding Capacity:

Available Bonding Capacity as of date of this submittal:

9. FINANCIAL INFORMATION

Financial Institution:

Account Manager:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, INCLUDE AS AN ATTACHMENT AN AUDITED BALANCE SHEET FOR EACH OF THE

LAST 3 YEARS

10. 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 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 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

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

11. EQUIPMENT:

MAJOR EQUIPMENT:

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, 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…