RFB-285 Renovations Caretakers House Woodlawn Cemetery FINAL bid documents.pdf

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PROJECT MANUAL

RFB-385

RENOVATIONS TO

CARETAKER'S HOUSE

FOR

WOODLAWN CEMETERY

1126 WALNUT STREET

ELMIRA, NEW YORK

PROJECT MANUAL

BID # RFB-385

RENOVATIONS TO

CARETAKER’S HOUSE

FOR

WOODLAWN CEMETERY

1126 WALNUT STREET

ELMIRA, NEW YORK

FOOR AND ASSOCIATES

ARCHITECTS

111 NORTH MAIN STREET

ELMIRA, NEW YORK 14901-2921

TELEPHONE (607) 733-4613

FA JOB NO. 4080

JULY 2026

RENOVATIONS TO CARETAKER’S HOUSE – WOODLAWN CEMETERY FA JOB NO. 4080

TABLE OF CONTENTS TOC - 1

TABLE OF CONTENTS

Division Section Title Pages

PROCUREMENT AND CONTRACTING DOCUMENTS GROUP

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

AFB CHEMUNG COUNTY- CITY OF ELMIRA – ADVERTISEMENT FOR BIDS 2

PDR PURCHASING DEPARTMENT RELOCATION 1

PWCSR NEW REQUIREMENT – PUBLIC WORK CONTRACTOR & SUBCONTRACTOR

REGISTRY

002113 INSTRUCTIONS TO BIDDERS 1

INSTRUCTIONS TO BIDDERS (AIA DOCUMENT A701-2018) 8

002213 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 2

GIB GENERAL INSTRUCTIONS TO BIDDERS 13

004100 FORM OF SUBMISSION OF BID 2

004313 BID SECURITY FORM 1

BID BOND (AIA DOCUMENT A310 – 2010) 2

004393 BID SUBMISSION CHECKLIST 1

004500 REPRESENTATIONS AND CERTIFICATIONS 1

CORPORATE RESOLUTION 1

NON-COLLUSIVE BIDDING CERTIFICATE 1

WAIVER OF IMMUNITY 1

EQUAL EMPLOYMENT OPPORTUNITY 1

IRANIAN ENERGY DIVESTMENT CERTICATION 1

BIDDER’S STATEMENT ON SEXUAL HARASSMENT 1

005100 NOTICE OF AWARD 1

CITY OF ELMIRA - NOTICE OF AWARD 1

005200 FORM OF AGREEMENT 1

005500 NOTICE TO PROCEED 1

CITY OF ELMIRA – NOTICE TO PROCEED 1

006100 PROJECT BOND FORMS 1

PERFORMANCE BOND (AIA DOCUMENT A312 – 2010) 4

PAYMENT BOND (AIA DOCUMENT A312 – 2010) 4

007300 SUPPLEMENTARY GENERAL CONDITIONS 1

007346 WAGE DETERMINATION SCHEDULE 1

NYS DOL PRC#2026022914 PREVAILING WAGE SCHEDULE 68

TABLE OF CONTENTS TOC - 2

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY 4

012600 CONTRACT MODIFICATION PROCEDURES 2

012900 PAYMENT PROCEDURES 3

013100 PROJECT MANAGEMENT AND COORDINATION 5

013300 SUBMITTAL PROCEDURES 6

015000 TEMPORARY FACILITIES AND CONTROLS 4

016000 PRODUCT REQUIREMENTS 6

017329 CUTTING AND PATCHING 4

017700 CLOSEOUT PROCEDURES 6

Facility Construction Subgroup

REFER TO THE DRAWINGS FOR THE TECHNICAL SPECIFICATIONS.

END OF TABLE OF CONTENTS

LEGAL NOTICE - ADVERTISEMENT FOR BIDS AFB - 1

Chemung County-City of Elmira Purchasing Department 150 Lake Street, PO Box 588

Elmira, NY 14902-0588

PH: 607-737-3577 FAX: 607-737-2073

Sealed Bids will be received at the CHEMUNG COUNTY - CITY OF ELMIRA PURCHASING

DEPARTMENT, Third Floor, Room 309, 150 Lake Street, P.O. Box 588, Elmira, NY 14901-0588 until October 27, 2026, at 1:45 PM, where they will be publicly opened, read aloud, and broadcast via Teams at 2:00 P.M. on the date due. Login information to the Teams meeting can be found on the Purchasing website at https://chemungcountyny.gov/1387/10436/Purchasing-Calendar.

BIDS SHALL BE SUBMITTED IN A SEALED ENVELOPE ENTITLED:

BID # RFB-385

RENOVATIONS TO

CARETAKER’S HOUSE

FOR

WOODLAWN CEMETERY

1126 WALNUT STREET

ELMIRA, NEW YORK 14905

EACH BID SHALL BE ACCOMPANIED BY A DEPOSIT IN THE AMOUNT OF: Five Percent

(5%) of the Total Gross Sum Bid in the form of a Bid Bond. Cash will not be accepted as a deposit.

Bid deposits of all unsuccessful bidders shall be returned promptly upon execution of the contract with the successful bidder.

Documents may be obtained on or after September 29, 2026, online at www.empirestatebidsystem.com. Vendors must first register for either the free service or the paid service at that site. The paid service is not required to obtain our bids. After registration, click on Chemung County/City of Elmira from the list of participating agencies; click on the title of the bid or search the NIGP codes. Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the Empire State Purchasing Group are guaranteed to receive addendum information, if such information is issued. PLEASE NOTE THAT IT IS THE

BIDDER’S RESPONSIBILITY TO OBTAIN ALL BID DOCUMENTS (INCLUDING

ADDENDA) ON THE EMPIRE STATE PURCHASING GROUP WEBSITE. IF YOU

CHOOSE THE FREE SUBSCRIPTION, YOU MUST VISIT THE WEBSITE UP UNTIL

THE RESPONSE DEADLINE FOR ANY ADDENDA.

PLEASE TAKE NOTICE:

The Purchasing Department is closed between the hours 12:00 Noon to 1:00 P.M., The Purchasing Department receives one (1) mail delivery daily after 2:00 P.M.

Bids must be received in the Purchasing Department by 1:45 on the due date.

Faxed or Electronic Bids will not be considered.

http://www.empirestatebidsystem.com/

LEGAL NOTICE - ADVERTISEMENT FOR BIDS AFB - 2

Questions pertaining to the technical specifications of this project shall be directed to:

Larry Foor, AIA Foor & Associates, Architects 111 North Main Street Elmira, New York 14901 Ph: 607-733-4613 or Cell 607-426-0179 email-lfoor@foorassoc.com

A pre-bid conference will be held at the Caretaker’s House, 1126 Walnut Street, Elmira, New

York at 9:00 A.M., October 6, 2026. Representatives of Owner and Architect will be present to the project. Bidders are strongly encouraged to attend and participate in the conference. The

Architect will transmit to all prospective Bidders of record such addenda as the Architect 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.

Attention of Bidders is particularly called to the requirement that employees and applicants for employment are not discriminated against because of the individual’s age, race, creed, color, religion, sex, national origin, disability, marital status, military status, sexual orientation, predisposing genetic characteristics, familiar status or status as a victim of Domestic Violence.

This project has a 5% DBE participation requirement; we also encourage W-MBE participation.

Each bidder submitting a Bid to the Owner shall execute and attach thereto, the Certification regarding Equal Employment Opportunity. Although the Bidder is not required to attach such

Certification by proposed sub-contractors to his Bid, the Bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in sub-contract awards.

Also, be advised that Statement of Compliance with Section 3, Housing and Urban Development

Act of 1968 is now mandatory with new procedure regarding Equal Opportunity (11246) in bid condition areas.

The City reserves the right to reject any or all bids.

CITY OF ELMIRA, NY

By:

Charmain Cattan Date 9-29-26 Interim City Manager

Inserted in Star Gazette: September 29, 2026

Inserted in NYSCR: September 29, 2026 mailto:email-lfoor@foorassoc.com

PURCHASING DEPT. RELOCATION PDR - 1

***ATTENTION***

*** PURCHASING DEPARTMENT RELOCATION ***

Please be advised that the Chemung County Purchasing Department has relocated to the following ad-dress:

150 Lake Street, Third Floor, Room 308, Elmira, NY

Instructions for Bid Drop-Offs and Bid Opening:

1. All physical bids must now be delivered to and bid openings will now be held on the 3rd floor at 150

Lake

Street.

2. Enter the building using the parking lot entrance.

3. Use the Ring Doorbell to request access to the building.

4. Upon entering, take the west double door elevators located around the corner to the right.

5. Go to third floor and take left off elevator, proceed to Purchasing Department, first door on your left.

6. Bid openings will be held on Third Floor, Room 308

Contact Information:

For any questions or additional information, please contact the Purchasing Department:

607-333-4205 or 607-737-3577

Thank you for updating your records and for your attention to this change.

PUBLIC WORK CONTRACTOR & SUBCONTRACTOR REGISTRY PWCSR- 1

“New Requirement” Public Work Contractor and Subcontractor Registry

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a con-tractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, in-stallation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are regis-tered.

Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024. NYSDOL encour-ages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

The Bureau of Public Work & Prevailing Wage Enforcement at the New York State Department of Labor is responsible for enforcing prevailing wage laws in New York State.

The Bureau of Public Work & Prevailing Wage Enforcement publishes the annual prevailing wage schedule every year on July 1. To find information about the prevailing wage rate for your area, or to find contact information for your local Public Works and Prevailing Wage Enforcement District Office, please visit Bureau of Public Work and Prevailing Wage Enforcement website or send an email to labor.sm.pwask@labor.ny.gov.

Electronic Certified Payroll Submissions in 2025

There is a new subsection 220-j in Article 8, which will require the Department of Labor to de-velop a publicly accessible online database of electronic certified payroll records, which will be available no later than December 31, 2025.

All submissions of certified payroll records will be collected electronically through this forth-coming database, starting when the system is completed in 2025.

Please watch the NYS Department of Labor website for additional information.

https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I https://www.nysenate.gov/legislation/laws/LAB/220-I https://dol.ny.gov/contractor-and-subcontractor-landing mailto:labor.sm.pwask@labor.ny.gov

INSTRUCTIONS TO BIDDERS 002113 - 1

DOCUMENT 002113 – INSTRUCTIONS TO BIDDERS

1.1 SUMMARY

A. The Procurement Requirements for this Project Shall Incorporate AIA Document A701 – 2018

Instructions to Bidders, as Produced by the American Institute of Architects.

1. A Copy of this Document is Bound Herein.

END OF DOCUMENT 002113

Document A701® – 2018 Instructions to Bidders

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:51:01 ET on 07/31/2026 under Order No.4104250622 which expires on 12/31/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1716142404)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

FEDERAL, STATE, AND LOCAL

LAWS MAY IMPOSE

REQUIREMENTS ON PUBLIC

PROCUREMENT CONTRACTS.

CONSULT LOCAL AUTHORITIES

OR AN ATTORNEY TO VERIFY

REQUIREMENTS APPLICABLE TO

THIS PROCUREMENT BEFORE

COMPLETING THIS FORM.

It is intended that AIA Document G612™–2017, Owner’s Instructions to the Architect, Parts A and B will be completed prior to using this document.

for the following Project:

(Name, location, and detailed description)

Renovations to Caretakers House Woodlawn Cemetery 1126 Walnut Street Elmira, New York 14905

THE OWNER:

(Name, legal status, address, and other information)

City of Elmira 317 East Church Street Elmira, New York 14901

THE ARCHITECT:

(Name, legal status, address, and other information)

Foor & Associates, Architects 111 North Main Street Elmira, New York 14901-2921 Telephone Number: (607) 733-4613

TABLE OF ARTICLES

1 DEFINITIONS

2 BIDDER’S REPRESENTATIONS

3 BIDDING DOCUMENTS

4 BIDDING PROCEDURES

5 CONSIDERATION OF BIDS

6 POST-BID INFORMATION

7 PERFORMANCE BOND AND PAYMENT BOND

8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:51:01 ET on 07/31/2026 under Order No.4104250622 which expires on 12/31/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1716142404)

ARTICLE 1 DEFINITIONS

§ 1.1 Bidding Documents include the Bidding Requirements and the Proposed Contract Documents. The Bidding Requirements consist of the advertisement or invitation to bid, Instructions to Bidders, supplementary instructions to bidders, the bid form, and any other bidding forms. The Proposed Contract Documents consist of the unexecuted form of Agreement between the Owner and Contractor and that Agreement’s Exhibits, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda, and all other documents enumerated in Article 8 of these Instructions.

§ 1.2 Definitions set forth in the General Conditions of the Contract for Construction, or in other Proposed Contract Documents apply to the Bidding Documents.

§ 1.3 Addenda are written or graphic instruments issued by the Architect, which, by additions, deletions, clarifications, or corrections, modify or interpret the Bidding Documents.

§ 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

§ 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents, to which Work may be added or deleted by sums stated in Alternate Bids.

§ 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from, or that does not change, the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

§ 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, as described in the Bidding Documents.

§ 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents.

§ 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment, or labor for a portion of the Work.

ARTICLE 2 BIDDER’S REPRESENTATIONS

§ 2.1 By submitting a Bid, the Bidder represents that:

.1 the Bidder has read and understands the Bidding Documents;

.2 the Bidder understands how the Bidding Documents relate to other portions of the Project, if any, being bid concurrently or presently under construction;

.3 the Bid complies with the Bidding Documents;

.4 the Bidder has visited the site, become familiar with local conditions under which the Work is to be performed, and has correlated the Bidder’s observations with the requirements of the Proposed Contract Documents;

.5 the Bid is based upon the materials, equipment, and systems required by the Bidding Documents without exception; and

.6 the Bidder has read and understands the provisions for liquidated damages, if any, set forth in the form of Agreement between the Owner and Contractor.

ARTICLE 3 BIDDING DOCUMENTS

§ 3.1 Distribution § 3.1.1 Bidders shall obtain complete Bidding Documents, as indicated below, from the issuing office designated in the advertisement or invitation to bid, for the deposit sum, if any, stated therein.

(Indicate how, such as by email, website, host site/platform, paper copy, or other method Bidders shall obtain Bidding Documents.)

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:51:01 ET on 07/31/2026 under Order No.4104250622 which expires on 12/31/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1716142404)

§ 3.1.2 Any required deposit shall be refunded to Bidders who submit a bona fide Bid and return the paper Bidding Documents in good condition within ten days after receipt of Bids. The cost to replace missing or damaged paper documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the paper Bidding Documents, and the Bidder’s deposit will be refunded.

§ 3.1.3 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the advertisement or invitation to bid, or in supplementary instructions to bidders.

§ 3.1.4 Bidders shall use complete Bidding Documents in preparing Bids. Neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete Bidding Documents.

§ 3.1.5 The Bidding Documents will be available for the sole purpose of obtaining Bids on the Work. No license or grant of use is conferred by distribution of the Bidding Documents.

§ 3.2 Modification or Interpretation of Bidding Documents § 3.2.1 The Bidder shall carefully study the Bidding Documents, shall examine the site and local conditions, and shall notify the Architect of errors, inconsistencies, or ambiguities discovered and request clarification or interpretation pursuant to Section 3.2.2.

§ 3.2.2 Requests for clarification or interpretation of the Bidding Documents shall be submitted by the Bidder in writing and shall be received by the Architect at least seven days prior to the date for receipt of Bids.

(Indicate how, such as by email, website, host site/platform, paper copy, or other method Bidders shall submit requests for clarification and interpretation.)

§ 3.2.3 Modifications and interpretations of the Bidding Documents shall be made by Addendum. Modifications and interpretations of the Bidding Documents made in any other manner shall not be binding, and Bidders shall not rely upon them.

§ 3.3 Substitutions § 3.3.1 The materials, products, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution.

§ 3.3.2 Substitution Process § 3.3.2.1 Written requests for substitutions shall be received by the Architect at least ten days prior to the date for receipt of Bids. Requests shall be submitted in the same manner as that established for submitting clarifications and interpretations in Section 3.2.2.

§ 3.3.2.2 Bidders shall submit substitution requests on a Substitution Request Form if one is provided in the Bidding Documents.

§ 3.3.2.3 If a Substitution Request Form is not provided, requests shall include (1) the name of the material or equipment specified in the Bidding Documents; (2) the reason for the requested substitution; (3) a complete description of the proposed substitution including the name of the material or equipment proposed as the substitute, performance and test data, and relevant drawings; and (4) any other information necessary for an evaluation. The request shall include a statement setting forth changes in other materials, equipment, or other portions of the Work, including changes in the work of other contracts or the impact on any Project Certifications (such as LEED), that will result from incorporation of the proposed substitution.

§ 3.3.3 The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect’s decision of approval or disapproval of a proposed substitution shall be final.

§ 3.3.4 If the Architect approves a proposed substitution prior to receipt of Bids, such approval shall be set forth in an Addendum. Approvals made in any other manner shall not be binding, and Bidders shall not rely upon them.

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:51:01 ET on 07/31/2026 under Order No.4104250622 which expires on 12/31/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1716142404)

§ 3.3.5 No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.

§ 3.4 Addenda § 3.4.1 Addenda will be transmitted to Bidders known by the issuing office to have received complete Bidding Documents.

(Indicate how, such as by email, website, host site/platform, paper copy, or other method Addenda will be transmitted.)

§ 3.4.2 Addenda will be available where Bidding Documents are on file.

§ 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids, except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

§ 3.4.4 Prior to submitting a Bid, each Bidder shall ascertain that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

ARTICLE 4 BIDDING PROCEDURES

§ 4.1 Preparation of Bids § 4.1.1 Bids shall be submitted on the forms included with or identified in the Bidding Documents.

§ 4.1.2 All blanks on the bid form shall be legibly executed. Paper bid forms shall be executed in a non-erasable medium.

§ 4.1.3 Sums shall be expressed in both words and numbers, unless noted otherwise on the bid form. In case of discrepancy, the amount entered in words shall govern.

§ 4.1.4 Edits to entries made on paper bid forms must be initialed by the signer of the Bid.

§ 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change" or as required by the bid form.

§ 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder’s refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall neither make additional stipulations on the bid form nor qualify the Bid in any other manner.

§ 4.1.7 Each copy of the Bid shall state the legal name and legal status of the Bidder. As part of the documentation submitted with the Bid, the Bidder shall provide evidence of its legal authority to perform the Work in the jurisdiction where the Project is located. Each copy of the Bid shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further name the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached, certifying the agent’s authority to bind the Bidder.

§ 4.1.8 A Bidder shall incur all costs associated with the preparation of its Bid.

§ 4.2 Bid Security § 4.2.1 Each Bid shall be accompanied by the following bid security:

(Insert the form and amount of bid security.)

§ 4.2.2 The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and shall, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. In the event the Owner fails to comply with Section 6.2, the amount of the bid security shall not be forfeited to the Owner.

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:51:01 ET on 07/31/2026 under Order No.4104250622 which expires on 12/31/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1716142404)

§ 4.2.3 If a surety bond is required as bid security, it shall be written on AIA Document A310™, Bid Bond, unless otherwise provided in the Bidding Documents. The attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of an acceptable power of attorney. The Bidder shall provide surety bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.

§ 4.2.4 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until (a) the Contract has been executed and bonds, if required, have been furnished; (b) the specified time has elapsed so that Bids may be withdrawn; or (c) all Bids have been rejected. However, if no Contract has been awarded or a Bidder has not been notified of the acceptance of its Bid, a Bidder may, beginning days after the opening of Bids, withdraw its Bid and request the return of its bid security.

§ 4.3 Submission of Bids § 4.3.1 A Bidder shall submit its Bid as indicated below:

(Indicate how, such as by website, host site/platform, paper copy, or other method Bidders shall submit their Bid.)

§ 4.3.2 Paper copies of the Bid, the bid security, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder’s name and address, and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

§ 4.3.3 Bids shall be submitted by the date and time and at the place indicated in the invitation to bid. Bids submitted after the date and time for receipt of Bids, or at an incorrect place, will not be accepted.

§ 4.3.4 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

§ 4.3.5 A Bid submitted by any method other than as provided in this Section 4.3 will not be accepted.

§ 4.4 Modification or Withdrawal of Bid § 4.4.1 Prior to the date and time designated for receipt of Bids, a Bidder may submit a new Bid to replace a Bid previously submitted, or withdraw its Bid entirely, by notice to the party designated to receive the Bids. Such notice shall be received and duly recorded by the receiving party on or before the date and time set for receipt of Bids. The receiving party shall verify that replaced or withdrawn Bids are removed from the other submitted Bids and not considered. Notice of submission of a replacement Bid or withdrawal of a Bid shall be worded so as not to reveal the amount of the original Bid.

§ 4.4.2 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids in the same format as that established in Section 4.3, provided they fully conform with these Instructions to Bidders. Bid security shall be in an amount sufficient for the Bid as resubmitted.

§ 4.4.3 After the date and time designated for receipt of Bids, a Bidder who discovers that it made a clerical error in its Bid shall notify the Architect of such error within two days, or pursuant to a timeframe specified by the law of the jurisdiction where the Project is located, requesting withdrawal of its Bid. Upon providing evidence of such error to the reasonable satisfaction of the Architect, the Bid shall be withdrawn and not resubmitted. If a Bid is withdrawn pursuant to this Section 4.4.3, the bid security will be attended to as follows:

(State the terms and conditions, such as Bid rank, for returning or retaining the bid security.)

ARTICLE 5 CONSIDERATION OF BIDS

§ 5.1 Opening of Bids If stipulated in an advertisement or invitation to bid, or when otherwise required by law, Bids properly identified and received within the specified time limits will be publicly opened and read aloud. A summary of the Bids may be made available to Bidders.

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:51:01 ET on 07/31/2026 under Order No.4104250622 which expires on 12/31/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1716142404)

§ 5.2 Rejection of Bids Unless otherwise prohibited by law, the Owner shall have the right to reject any or all Bids.

§ 5.3 Acceptance of Bid (Award) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest responsive and responsible Bidder, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents. Unless otherwise prohibited by law, the Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner’s judgment, is in the Owner’s best interests.

§ 5.3.2 Unless otherwise prohibited by law, the Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the lowest responsive and responsible Bidder on the basis of the sum of the Base Bid and Alternates accepted.

ARTICLE 6 POST-BID INFORMATION

§ 6.1 Contractor’s Qualification Statement Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request and within the timeframe specified by the Architect, a properly executed AIA Document A305™, Contractor’s Qualification Statement, unless such a Statement has been previously required and submitted for this Bid.

§ 6.2 Owner’s Financial Capability A Bidder to whom award of a Contract is under consideration may request in writing, fourteen days prior to the expiration of the time for withdrawal of Bids, that the Owner furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner’s obligations under the Contract. The Owner shall then furnish such reasonable evidence to the Bidder no later than seven days prior to the expiration of the time for withdrawal of Bids. Unless such reasonable evidence is furnished within the allotted time, the Bidder will not be required to execute the Agreement between the Owner and Contractor.

§ 6.3 Submittals § 6.3.1 After notification of selection for the award of the Contract, the Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, submit in writing to the Owner through the Architect:

.1 a designation of the Work to be performed with the Bidder’s own forces;

.2 names of the principal products and systems proposed for the Work and the manufacturers and suppliers of each; and

.3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

§ 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

§ 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder’s option, withdraw the Bid or submit an acceptable substitute person or entity. The Bidder may also submit any required adjustment in the Base Bid or Alternate Bid to account for the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

§ 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect.

ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND

§ 7.1 Bond Requirements § 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder.

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:51:01 ET on 07/31/2026 under Order No.4104250622 which expires on 12/31/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1716142404)

§ 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

§ 7.1.3 The Bidder shall provide surety bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located.

§ 7.1.4 Unless otherwise indicated below, the Penal Sum of the Payment and Performance Bonds shall be the amount of the Contract Sum.

(If Payment or Performance Bonds are to be in an amount other than 100% of the Contract Sum, indicate the dollar amount or percentage of the Contract Sum.)

§ 7.2 Time of Delivery and Form of Bonds § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to commence sooner in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1.

§ 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond.

§ 7.2.3 The bonds shall be dated on or after the date of the Contract.

§ 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix to the bond a certified and current copy of the power of attorney.

ARTICLE 8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS

§ 8.1 Copies of the proposed Contract Documents have been made available to the Bidder and consist of the following documents:

.1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor, unless otherwise stated below.

(Insert the complete AIA Document number, including year, and Document title.)

.2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds, unless otherwise stated below.

.3 AIA Document A201™–2017, General Conditions of the Contract for Construction, unless otherwise stated below.

.4 Building Information Modeling Exhibit, if completed:

.5 Drawings

Number Title Date

AIA Document A701 – 2018. Copyright © 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:51:01 ET on 07/31/2026 under Order No.4104250622 which expires on 12/31/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1716142404)

.6 Specifications

Section Title Date Pages

.7 Addenda:

Number Date Pages

.8 Other Exhibits:

(Check all boxes that apply and include appropriate information identifying the exhibit where required.)

[ ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below:

(Insert the date of the E204-2017.)

[ ] The Sustainability Plan:

Title Date Pages

[ ] Supplementary and other Conditions of the Contract:

Document Title Date Pages

.9 Other documents listed below:

(List here any additional documents that are intended to form part of the Proposed Contract Documents.)

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 1

DOCUMENT 002213 – SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

1.1 SUMMARY

A. General: This Document modifies, adds to and otherwise supplements the Instructions to Bidders, AIA

Document A701 – 2018 Edition. In the event a conflict or inconsistency may exist between the

“Instructions to Bidders” and this Document, then the provisions of this Document shall govern. Where any part of the “Instructions to Bidders” is modified or voided by this Document, the unaltered provisions shall remain in effect.

1. All references in this Document are to Articles of the “Instructions to Bidders”, or are additions of supplemental articles.

B. Article 3 Bidding Documents:

1. DELETE Paragraph 3.1.1 and replace with the following:

2. “3.1.1 Plans, Specifications, and Proposal Forms may be viewed and downloaded on or after

September 29, 2026 by registering with the Empire State Purchasing Group at www.EmpireStateBidSystem.com. No hard copies of the plans and specifications will be provided. Vendors / contractors can register for a free “search only” service, or for a matching service for a small annual fee. PLEASE NOTE THAT IT IS THE BIDDER’S RESPONSIBILITY

TO OBTAIN ALL BID DOCUMENTS (INCLUDING ADDENDA) ON THE EMPIRE STATE

PURCHASING GROUP WEBSITE. IF YOU CHOOSE THE FREE SUBSCRIPTION, YOU

MUST VISIT THE WEBSITE UP UNTIL THE RESPONSE DEADLINE FOR ANY

ADDENDA.

3. MODIFY Paragraph 3.1.1 by adding the following sentence: “Final Acceptance of the Bidding

Documents is contingent upon the City Attorney of Elmira’s Corporate Counsel Approval.”

4. DELETE Paragraph 3.1.2. No deposits are required for bidding documents.

C. Section 3.2 Modification or Interpretation of Bidding Documents:

1. ADD to Paragraph 3.2.2: Requests shall be received through the host site / platform.

2. MODIFY Paragraph 3.2.3 by adding the following sentence: “Neither the Owner or the Architect will be responsible for oral clarifications or interpretations.”

D. Section 3.3 Substitutions:

1. DELETE Paragraph 3.3.2 and replace with the following:

“3.3.2 Where, in these Specifications, certain kinds, types, brands or manufacturers of materials are named, they shall be regarded as the required standard of quality. Where two (2) or more are named, these are presumed to be equal, and the Bidder may select one of those items. If the Bidder desires to use any kind, type, brand or manufacturer of material other than those named in the

Specifications, the Bidder shall indicate in writing, when requested, and prior to Award of

Contract, what kind, type, brand or manufacturer is included in the Base Bid or applicable

Alternate as a proposed equivalent to the specified item(s). Further, the Bidder may be requested to submit information describing in specific detail, wherein the bid material differs from the quality and performance required by the Specifications, and such other information as may be http://www.empirestatebidsystem.com/

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 2

required by the Architect. The burden of proof of the merit of the proposed equivalent is borne by the Bidder.”

2. MODIFY Paragraph 3.3.4 by adding the following sentence: “Substitutions after Award of

Contract may be considered in accordance with Section 016000 – Product Requirements.”

E. Section 3.4.1 Addenda

1. Addenda will be posted on the Empire Purchasing Group Website as noted in the Advertisement for Bids.

F. Section 3.4.3 Addenda

1. Addenda will be issued no later than seven days prior to receipt of bids.

G. Section 4.2.1 Bid Security

1. Bid Bond shall be Five percent (5%) of the bid amount.

H. Section 4.3.1 Submission of Bids

1. Submit a hard copy bid on the required forms to the address on the bid advertisement.

I. Section 4.4 Modification or Withdrawal of Bid

1. DELETE 4.4.1 & 4.4.2 ENTIRELY and ADD the following: “A bidder may withdraw its bid prior to the date and time set forth for receipt of bids. A bidder may not submit a new bid to replace a submitted bid.”

1. DELETE 4.4.3 ENTIRELY and ADD the following: “No Bidder may withdraw a Bid for forty-five (45) days after the actual date of the opening thereof. Refer to General Instructions to Bidders for other requirements for Withdrawal Of Bids.”

J. Section 5.3 Acceptance of Bid:

1. MODIFY Paragraph 5.3.1 by adding the following: “In determining the Qualifications of a

Bidder, the Owner will consider Bidder’s record in performance of any contracts for work into which Bidder may have heretofore entered. Owner expressly reserves the right to reject the Bid of such Bidder if such record discloses that such Bidder, in the opinion of Owner, has not properly performed said contracts or has habitually and without just cause neglected the payment of bills or has otherwise disregarded Bidder’s obligations to sub-contractors, material persons, or employees.

The Owner may make such investigation as deemed necessary to determine the ability of the

Bidder to perform the work: the Bidder shall furnish to the Owner such information and data for this purpose as the Owner may request. Owner reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional Bids will not be accepted.”

K. Section 6.3 (Post-Bid) Submittals:

1. DELETE Paragraphs 6.3.1 through 6.3.4 in their entirety and replace with the following:

“6.3.1 Within 72 hours after the Bids have been opened, the apparent three lowest Bidders for each prime contract shall complete and submit for the Owner’s review the following Post-Bid

Information:

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213 - 3

a. Names of Manufacturers, Products and Suppliers of principal items, systems, materials and equipment proposed by Bidder to be an equivalent to the specified item.”

L. Section 7.1.4 Performance & Payment Bonds

1. Shall be 100% of the Contract Sum.

M. Article 8:

1. Revise Form of Agreement to City of Elmira’s Standard Form of Agreement.

2. DELETE Sub-Paragraph 8.1.2.

3. DELETE Sub-paragraph 8.1.4.

4. MODIFY Sub-paragraph 8.1.5: The List of Drawings are Listed on the T1 Title Sheet Drawing.

5. MODIFY Sub-paragraph 8.1.6: The Specifications are Listed on the Project Manual Table of

Contents.

6. DELETE Sub-paragraphs 8.1.7, 8.1.8, and 8.1.9.

N. ADD New Article 9.1 Examination of Existing Conditions:

1. It is the Contractors responsibility to visit the site and examine the existing conditions.

2. General Instructions to Bidders, shall be incorporated into Document 002213 – Supplementary

Instructions to Bidders, and shall supplement and/or supersede provisions given above and in the

Instructions to Bidders, AIA Document A701 – 2018 Edition. In the event of any discrepancy or inconsistency in the Contract Documents the terms and conditions most favorable to the City of

Elmira shall control.”

3. A copy of this Document is bound herein.

END OF DOCUMENT 002213

CHEMUNG COUNTY – CITY OF ELMIRA

GENERAL INSTRUCTIONS TO BIDDERS

CC-COE GIB - 1

“In the event a conflict or inconsistency may exist between the provisions in AIA document A710- 2018 and provisions set forth in the Chemung County –City of Elmira General Instructions to Bidders, then the provisions most favorable to the City of Elmira shall govern.”

PREPARATION OF BIDS:

Each person making a Bid:

1. Certifies that he has fully informed himself of the contents of the Bidding Documents by his personal examination of them;

2. Certifies that he has not relied on any estimates or any representations made by the City, its agents, servants or employees with respect to the work to be performed or the material to be supplied under the Bidding Documents; and

3. Agrees that he will not make against the City, its agents, servants, or employees, any claim based upon the lack of such information or the existence of such reliance.

Each set of Bidding Documents should contain:

1. A Title Page (same as advertisement page)

2. The Advertisement for Bids

3. The Non-Collusive Bidding Certificate

4. The Waiver of Immunity

5. General Instructions to Bidders

6. General Specifications

7. Form for Submission of Bid

8. Bid Security

9. Certification regarding Equal Employment Opportunity

10. Certification Regarding Iranian Divestment

11. Corporate Resolution

12. Bidder’s Certification on Sexual Harassment

Each person submitting a Bid shall set forth in the space provided at the end of the Form for

Submission of Bid:

1. Name and title of person preparing bid 2 Business address, telephone, and fax number of bidder

3. Signature

4. The name of the person, firm, or corporation on whose behalf the Bid is being made (if any)

5. The business address and telephone number of such person, firm, or corporation

6. The date

CC-COE GIB - 2

Each person submitting a Bid shall submit (one original and two exact copies) of the following completed and signed bid document forms:

Non-Collusive Bidding Certificate Waiver of Immunity Certification Regarding Equal Employment Opportunity Certification Regarding Iranian Divestment Bidder’s Statement on Sexual Harassment Form For Submission of Bid All Documentation Required by the Specifications

Each price shall be typewritten, or written in ink, in words and in figures. Labeled spaces are provided for this purpose in the Form for Submission of Bid. In the event that the price stated in words is not the same as the price stated in figures, the price stated in words shall be binding. All prices quoted shall exclude all Federal, State, and Municipal taxes.

Each Bid must be accompanied by an acceptable Bid Security in the amount of Five Percent (5%) of the Total Gross Sum Bid. Cash is not acceptable as such security. The security must be payable to the City of Elmira. The security is to ensure that the Bidder, if successful, will:

1. Enter into a written Contract with the City which contract will provide that the Bidder and the City are to perform according to the terms and conditions set forth in the Bidding Documents; and

2. Furnish a good and sufficient Bond for the faithful performance of said Contract, and a Labor and Materials Bond, both in the full amount of the contract.

If the successful Bidder fails or omits to execute the Contract or to furnish the Bonds by 5:00 P.M.

on the Monday following the award of the Contract by the City Council, the security shall be forfeited to the City. Bid securities of all unsuccessful bidders will be returned promptly after the execution of the contract.

Each bid shall be delivered to the Chemung County-City of Elmira Purchasing Department, Third Floor, 150 Lake Street, Elmira, New York 14901 between the hours of 9:00 A.M. to 12:00 Noon and 1:00 P.M. to 4:00 P.M, enclosed in an opaque, sealed envelope clearly labeled with the name of the bidder and the title of the proposal as taken from the title page of the bidding documents.

The Contract between the City and the successful bidder shall be deemed executory only to the extent of the monies actually appropriated and available for the purpose of the contract, and no liability on account therefore shall be incurred beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available monies for the purpose of the contract.

Unauthorized Changes: If this document is found to be altered in any way by a bidder, it shall

CC-COE GIB - 3

be cause for disqualification of the…