PROJECT MANUAL FOR:

P R O J E C T NO.: BUFFALO PUBLIC SCHOOLS

NYSED #14060001-0-302-031 FIRE PUMP REPLACEMENT

P.S. #97 HARVEY AUSTIN

Issued for BID: 1405 SYCAMORE STREET

March, 30, 2026 BUFFALO, NY 14211

BOARD OF EDUCATION

OF THE CITY OF BUFFALO

DR. PASCAL MUBENGA

SUPERINTENDENT OF SCHOOLS

PRE-BID WALKTHROUGH OR CONFERENCE WILL BE HELD AT THE SCHOOL ON WEDNESDAY

MARCH 8TH 2026 AT 1:00PM. ANY BID SUBMITTED BY A CONTRACTOR WILL NOT BE READ IF THERE

IS NO REPRESENTATION AT THE WALKTHROUGH OR ANOTHER PREVIOUSLY ARRANGED AND

DOCUMENTED SITE VISIT WITH ARCHITECT AND DISTRICT PERSONNEL.

PREPARED BY:

BUFFALO BOARD OF EDUCATION

DIVISION OF PLANT SERVICES &

SCHOOL PLANNING

65 NIAGARA SQUARE

406 CITY HALL

BUFFALO, NY 14202

SET #:_____________________

To the best of our knowledge, these specifications are in accordance with applicable requirements of the

New York State Uniform Fire

Prevention and Building Code, the State Energy Conservation

Construction Code, and Construction

Standards of the Education

Department

The design of this project conforms to all applicable provisions of the New York State

Uniform Fire Prevention and Building Code, the

New York State Energy Conservation Code, and the building standards of the New York State

Education Department.

No new asbestos containing building materials

(ACBM) shall be used in construction. Work will involve known or suspected ACBM, and will be done in accordance with Industrial Code Rule

#56.

BUFFALO PUBLIC SCHOOL March 30, 2026

#097 HARVEY AUSTIN

NYSED # 14-06-00-01-0-302-031

TABLE OF CONTENTS 000110-1

TABLE OF CONTENTS

THE FOLLOWING SHALL APPLY TO ALL SPECIFICATION DIVISIONS LISTED BELOW:

GENERAL: THE GENERAL CONDITIONS OF THE CONTRACT FOR THE WORK FOR THE

BOARD OF EDUCATION, THE SUPPLEMENTARY GENERAL CONDITIONS, THE

INSTRUCTIONS TO BIDDERS, AND BID FORM ARE PART OF THESE SPECIFICATIONS

WHETHER BOUND HEREWITH OR NOT, AND THIS CONTRACTOR SHALL REFER TO THEM

FOR INSTRUCTIONS PERTAINING TO THEIR WORK.

VOLUME 1 OF 1:

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 COVER

00 01 10 TABLE OF CONTENTS

00 11 16 INDEX FOR AGREEMENT

00 11 16.1 AGREEMENT

00 11 16.2 ADVERTISEMENT FOR BID

00 21 13 INDEX FOR INSTRUCTIONS TO BIDDERS

00 21 13.1 INSTRUCTIONS TO BIDDERS

00 21 13.2 BIDDER QUESTION FORM (AS REQUIRED)

00 25 13 PREBID MEETINGS

00 26 00 PROCUREMENT SUBSTITUTION PROCEDURES

00 26 00.1 PROCUREMENT SUBSTITUTION REQUEST CSI FORM 1.5C

00 31 00 AVAILABLE PROJECT INFORMATION

00 31 00.02 PREVAILING WAGE

00 31 13 PRELIMINARY SCHEDULES

00 31 19 EXISTING CONDITION INFORMATION

00 41 00 BID FORM

00 46 00 BID BOND A310-2010

00 46 10 PAYMENT BOND A312-2010

00 46 20 PERFORMANCE BOND A312- 2010

00 72 00 INDEX FOR GENERAL CONDITIONS

00 72 00.1 GENERAL CONDITIONS

00 72 00.2 SUPPLEMENTAL GENERAL CONDITIONS

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 SUMMARY

01 13 00 STATE EDUCATION DEPARTMENT REQUIREMENTS

01 20 00 PRICE AND CHANGE TO CONTRACT PROCEDURES

01 25 01 SUBSTITUTION REQUEST FORM

01 29 00 PAYMENT PROCEDURES

01 31 00 PROJECT MANAGEMENT AND COORDINATION

TABLE OF CONTENTS 000110-2

01 31 50 CONSTRUCTION SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS

VOLUME 1 OF 1:

DIVISION 21 – FIRE SUPPRESSION

21 05 13 COMMON MOTOR REQUIREMENTS FOR FIRE

SUPPRESSION EQUIPMENT

21 05 17 SLEEVES AND SLEEVE SEALS FOR FIRE SUPPRESSION

PIPING

21 05 18 ESCUTCHEONS FOR FIRE SUPPRESSION PIPING

21 05 53 IDENTIFICATION FOR FIRE-SUPPRESSION PIPING AND

EQUIPMENT

21 11 19 FIRE DEPARTMENT CONNECTIONS

21 13 13 WET-PIPE SPRINKLER SYSTEMS

21 31 13 ELECTRIC-DRIVE CENTRIFUGAL FIRE PUMPS

21 39 00 CONTROLLERS FOR FIRE-PUMP DRIVERS

DIVISION 26 – ELECTRICAL

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL

26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS

AND CABLES

26 05 26 GROUNDING AND BONDING

26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS

26 05 44 SLEEVES AND SLEEVE SEALS FOR ELECTRICAL

RACEWAYS AND CABLING

26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS

26 27 26 WIRING DEVICES

26 28 13 FUSES

26 28 16 ENCLOSED SWITCHES AND CIRCUIT BREAKERS

26 32 13 EXISTING GASEOUS EMERGENCY ENGINE

GENERATORS

26 72 00 EXISTING FIRE ALARM

INDEX FOR AGREEMENT 000116-1

INDEX FOR AGREEMENT

ARTICLE NO. PAGE

THIS AGREEMENT ............................................................................ A–1

1. CONTRACT DOCUMENTS ............................................................... A–2

2. SUMMARY OF CONTRACT VALUE.............................................. A–3

3. WORK TO BE PERFORMED ............................................................. A–3

4. EXAMINATION OF DOCUMENTS AND SITE ............................... A–3

5. DATE OF COMPLETION ................................................................... A–3

6. CONTRACT PAYMENTS .................................................................. A–3 – A–4

7. ALLOWANCES AND UNIT PRICES ................................................ A–4 – A–5

8. EXTRA WORK .................................................................................... A–5

9. MATERIALS DELIVERED TO SITE ................................................ A–5 – A–6

10. WITHHOLDING OR REDUCTION ................................................... A–6

11. FINAL PAYMENT .............................................................................. A–6

12. TIME OF PAYMENTS ........................................................................ A–6

13. COLLECTION OF PRIOR PAYMENTS ............................................ A–7

14. EFFECT OF FINAL PAYMENT ......................................................... A–7

15. FINAL CERTIFICATE OF COMPLETION ....................................... A–7

16. DATE OF COMPLETION ................................................................... A–8

17. CORRECTION OF WORK AFTER FINAL PAYMENT ................... A–7 – A–8

18. DELAY IN PROGRESS OF WORK, ETC. ......................................... A–8 – A–9

19. CANCELLATION IN EVENT OF BANKRUPTCY .......................... A–9

20. LIENS ................................................................................................... A–9

21. INDEMNIFY BOARD, ARCHITECT AND/OR CITY ...................... A–10

22. PATENT RIGHTS INDEMNITY ........................................................ A–10

23. COMPLIANCE WITH LAWS AND ORDINANCES ........................ A–10–A–11

24. APPLICABLE LAW, VENUE AND DISPUTE RESOLUTION........ A–11

25. INSURANCE AND BOND .................................................................. A–11–A–12

26. ASSIGNMENT PROHIBITED ............................................................ A–12

27. FULL PERFORMANCE ...................................................................... A–12

IN WITNESS WHEREOF ................................................................ A–13

SIGNATURE OF PARTIES............................................................. A–13

NOTARY PUBLIC FOR BOARD OF EDUCATION ........................ A–14–A–15

NOTARY PUBLIC FOR SUBSCRIBER ..................................... A–16

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BUFFALO BOARD OF EDUCATION PROJECT #0000-000

PROJECT TITLE

T H I S A G R E E M E N T

MADE THIS DAY OF , 2025

BETWEEN THE BOARD OF EDUCATION OF THE CITY OF BUFFALO, A BODY

CORPORATE UNDER THE EDUCATION LAW OF THE STATE OF NEW YORK,

HEREINAFTER CALLED THE "BOARD" BY HON. KATHY EVANS-BROWN, ITS

PRESIDENT, PARTY OF THE FIRST PART AND

A CORPORATION ORGANIZED AND EXISTING UNDER AND PURSUANT TO THE LAWS

OF THE STATE OF NEW YORK:

A. PLANS, SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS ORDERED

BY RESOLUTION OF THE BOARD OF EDUCATION

PASSED

B. NOTICE INVITING PROPOSALS PUBLISHED:

• Buffalo News – ,2025

• Buffalo Challenger – ,2025

• Buffalo Rocket – ,2025

• Avalon Document Services – ,2025

C. SEALED PROPOSALS OPENED ON:

D. WORK ORDERED BY RESOLUTION OF THE BOARD OF EDUCATION:

PASSED

E. NOTICE OF AWARD MAILED TO BIDDER ON:

F. FUNDS FOR THEIR CONTRACT PROVIDED IN BOND ACCOUNT:

COMPTROLLER'S RECORD:

CONTRACT NUMBER:

AMOUNT: $

CHARGE TO:

ENCUMBERED ON:

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The Board and the Contractor, the Contractor as used collectively and throughout each of the contract documents shall refer exclusively to , and to any and all responsible signators, on behalf of the Buffalo Board of Education, as appears within the contract documents in consideration of the premises and of the mutual covenants, agreements and conditions hereinafter contained, agree as follows:

ARTICLE 1 CONTRACT DOCUMENTS

A. The contract documents shall consist of the following:

1. Proceedings of the Board of Education

2. Advertisement

3. Instruction to bidders

4. Specifications and addenda

5. Plans and drawings

6. Accepted proposal

7. Bid bond

8. General and supplementary conditions of the contract

9. Agreement

10. Surety bond

11. Insurance policies

Including all modifications thereof incorporated in the documents and all provisions required by law or ordinance to be inserted in the contract whether actually inserted therein or not. The provisions and requirements of the contract documents shall be binding upon the parties hereto as though herein set forth in full.

B. In case of conflict or inconsistency between the provisions of the contract and those of the specifications, the provisions of the contract shall govern.

Non-Waiver: In the event that the terms and conditions of this agreement are not strictly enforced by the Board, such non-enforcement shall not act or be deemed to act as a waiver or modification of this Agreement, nor shall such non-enforcement prevent the board from enforcing each and every term of this Agreement thereafter.

Severability: If any provision of this Agreement is held invalid by a court of law, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the laws of the State of New York.

C. The owner authorized the architect to furnish the Contractor such further drawings or explanations as may be necessary to detail and illustrate the work to be done and the

Contractor shall conform to the same as part of the contract. All drawings, plans and specifications are and remain the property of the owner.

D. Status of Independent Contractor: The Contractor represents and warrants that it is an independent contractor and shall neither hold itself out as, nor claim to be, an officer or employee of the Board, and shall further not make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Board.

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ARTICLE 2 SUMMARY OF CONTRACT VALUE

BASE BID $ 00.00

ALLOWANCE #1 – ACCEPTED $ 00.00

ALTERNATE #1 $ 00.00

TOTAL CONTRACT VALUE $ 0.00

ARTICLE 3 WORK TO BE PERFORMED

A. The Contractor shall furnish all the parts, labor, services, materials, supplies, equipment, transportation and other facilities and things necessary or proper for or incidental to the:

In strict and full accordance with the requirements of the contract documents and with such further details and instructions as the owner may from time to time issue for the purpose of ensuring the thorough completion of the work.

ARTICLE 4 EXAMINATION OF DOCUMENTS AND SITE

A. The Contractor affirms that the contract documents and the sites of the proposed work and the territory surrounding such sites were carefully examined by him before making a proposal and that the contractor was fully informed regarding all the conditions affecting the work to be done and the labor and materials to be furnished for the completion of this contract, and that no claim will be made against the Board by reason of estimates, tests or representations of an officer or agent of the owner.

ARTICLE 5 DATE OF COMPLETION

A. The Contractor shall commence work immediately upon the execution of the contract and all work shall be performed and all materials furnished thereunder, in such manner as not to delay the work of any other contractor, the question of delay, if any, to be determined by the Superintendent of Schools and shall have completely finished the several portions and the whole of the work comprehended in this agreement by date or calendar days

ARTICLE 6 CONTRACT PAYMENTS

A. In consideration of the faithful performance of this contract by the Contractor, the Board will pay to the Contractor for the full and entire completion of this contract and upon acceptance of work or improvements by the Superintendent of Schools, on behalf of the

Board the sum of:

Such payment to be made upon monthly estimates of the Superintendent of Schools and upon the certificates of the Superintendent of Schools as the work or improvement progresses based on the value of the labor and materials incorporated in the work or improvement and on materials suitably stored on site or else where as approved by the

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Board, less five (5%) of such estimates and by warrants on the Treasurer of the City out of the funds raised and set aside to meet and defray the expenses of the work or improvement. The sum of five (5%) of such monthly estimates shall be retained by the

Board in the event of the non-fulfillment of this contract, it being expressly covenanted and agreed that such retention shall not relieve the Contractor from liability to the Board for any and all damages sustained by reason of a breach of this contract. No payment on this contract and no certificate shall be held to an acceptance on the part of the Board for defective workmanship or improper materials used by the Contractor in the performance of this contract, or as a wavier on the part of the Board of claims or demands for or on account of defective workmanship or improper materials, or as a waiver of any other breach of this contract.

B. Contract Deemed Executory. This Agreement shall be deemed executory only to the extent of funds appropriated by the Board of Education, and available by the Board for the purpose of this Agreement, and no such liability on account thereof shall be incurred by the Board beyond the amount of such fund. It is understood and agreed that neither this Agreement nor any representation by any public officer, or employee creates any legal, moral or equitable obligation on the part of the Board to request, appropriate or make additional funds available for the purpose of this Agreement.

ARTICLE 7 ALLOWANCES AND UNIT PRICES

A. ALLOWANCES

1. The owner shall ordinarily structure a fixed general contingency allowance cost in the bid form to be included in the total bid by the contractor. This amount represents approximately 5% of the pre-bid construction cost estimate, and use of these funds shall be authorized at the Owner’s discretion through the use of

“Authorization of Expenditure of Allowance” forms for signature.

2. Other fixed allowance amounts may also be listed in the bid documents for inclusion in the total bid by the contractor, for categories including but not limited to: linkage to unit prices; special testing and inspections; etc. Use of these funds shall be authorized using the forms as listed above.

3. Contractor/consultant markups are allowable for approved uses of general contingency allowance, but are not permitted on structured allowance expenditures.

4. Contractors/consultants are not permitted to supplement fees for additional performance bonding on any allowance usages.)

5. At the completion of the Work, any unexpended allowance balances shall be deducted from the total contract value via change order.

6. The Board of Education received NUMBER (X) stated allowances on the Bid Form.

ACCEPTED allowance amounts are as follows:

• Allowance #1 $XX.XX General Contingency

• Allowance #2 $XX.XX description

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B. UNIT PRICES

1. Should the amount of work be increased or decreased, it is agreed that in accepting the proposal the Board of Education may accept or, by agreement with the successful bidder, adjust any, some or all unit prices quoted by the successful bidder. All unit prices accepted or adjusted by the Board of Education shall remain binding and irrevocable for the entire period of the contract regardless of the actual amount of work ordered under such unit prices.

2. The schedule of unit prices submitted by the successful bidder, accepted by the

Board of Education, as quoted or adjusted, will be used as the basis for computing additions to or deductions from the contract price for extra work and for work countermanded, reduced or omitted as provided in the form of contract.

3. All unit prices quoted by the bidder for items of extra work as accepted or adjusted by the Board of Education, City of Buffalo shall be the sum total compensation payable for such items of extra work, and the contractor shall not be entitled to any additional compensation as an allowance for overhead and profit or for any other reason except for premiums on bonds.

4. The Board of Education received NUMBER (X) stated unit prices on the Bid Form.

ACCEPTED unit prices are as follows:

• Unit Price #1 $XX.XX /UNIT Description

• Unit Price #2 $XX.XX /SF replacement of ….

ARTICLE 8 EXTRA WORK

A. No alterations involving extra work shall be made in the work shown or described by the contract documents except upon written order of the Superintendent of Schools after due authorization by the Board of Education of the City of Buffalo and when so made the value of the work or materials added shall be agreed upon before the extra work is ordered and the amount thereof shall be added to the contract price.

ARTICLE 9 MATERIALS DELIVERED TO SITE

A. No partial payments will be made by the Board of Education for any materials delivered to the site of the project not erected in place unless and until the Contractor shall have furnished satisfactory written evidence that he has paid for and is the sole owner of such materials, free and clear from all liens and other encumbrances.

B. Not withstanding the provisions of the preceding sentence, the Board of Education or its

Project Managers, at its or his option may waive the requirements of proof of payment with respect to such materials when the Contractor with the approval of the Board of

Education or the Project Manager, has purchased large quantities of materials in order to assure their availability for the work, provided that the Contractor furnished the Board of

Education with evidence in the form of an affidavit of the Contractor and such other proof as the Board of Education or Project Manager may require, that he is the sole owner of such materials and has purchased them free and clear from all liens and other encumbrances.

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C. In such event, the Contractor shall make payment for such materials and submit proof thereof to the Board of Education within ten (10) days after the making of such payment by the Board of Education and in no event later than the date on which the contractor submits his next succeeding monthly requisition. As a condition precedent to his right to any further payment on account of the contract, the Contractor must furnish the Board of

Education with satisfactory written evidence that he has paid in full for all such materials.

ARTICLE 10 WITHHOLDING OR REDUCTION

A. Partial payments may at any time be withheld or reduced by the Board of Education if in its opinion the work is not proceeding in accordance with the contract.

B. No partial payments will be made after the time fixed for completion of the work or the time to which the completion time may be extended by a written and approved change order under the terms of the contract until the full and final completion of all the work herein agreed upon, unless the Board of Education, in its discretion directs otherwise.

ARTICLE 11 FINAL PAYMENT

A. The Contractor shall as a condition precedent to final payment, furnish to the Board of

Education a detailed sworn statement of all liens, claims and demands, just and unjust, or subcontractor, materialmen, laborers and other employees and third persons then outstanding or which he has reason to believe may thereafter by mad on account of the work or performance thereof.

B. The final payment payable to the Contractor shall not become due, however, until the

Contractor has delivered to the Board of Education all releases required by the Board of

Education from all such claims and demands arising out of any work done pursuant to the contract or receipts in full in lieu thereof, and if required, an affidavit to the effect that insofar as he has knowledge or information, the releases and receipts include all the labor, material, supplies and equipment for which claims could be filed or asserted. If the

Contractor is unable to obtain from any subcontractor or materialman or employee a release or receipt in full, or if any subcontractor or materialman or employee refuses to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the

Board of Education, City of Buffalo, indemnifying the Board of Education, against such claim or if performance and payment bonds have already been furnished then the

Contractor may, instead, obtain the written consent of the existing sureties to have such bonds cover such claims.

C. Before final payment or any retained percent percentage shall become due and payable the Contractor must also, if required, obtain and furnish written consent of his sureties to such payment. The Board of Education, however, may make payment in part or in full to the Contractor upon such final certificate without requiring the furnishing of such consent of the surety of sureties or any bond or bonds furnished under the contract.

ARTICLE 12 TIME OF PAYMENTS

A. Within thirty (30) days after the issuance of the certificate of final completion or acceptance, the Board of Education, subject to all provisions of the contract, shall pay to the Contractor, by check or otherwise, the amount stated in the final certificate less all prior payments and advances whatsoever to or for the account of the Contractor.

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ARTICLE 13 COLLECTION OF PRIOR PAYMENTS

A. All prior estimates and payments including those relating to extra work shall be subject to correction in this payment which is called final payment.

ARTICLE 14 EFFECT OF FINAL PAYMENT

A. The acceptance by the Contractor of the final payment or any part thereof shall be and shall operate as a release of the Board of Education from all claims and all liability to the

Contractor, including the right of arbitration, for all things done or furnished in connection with the work, and for every act, omission and neglect of the Board of

Education and others relating if any there be, for amounts withheld by the Board of

Education for work not performed in strict accordance with all provisions of the contract.

The Contractor, if the Board of Education requires, must execute Board of Education and of all liability of the Board of Education to the Contractor for all things done or furnished in connection with the work and for any act and neglect of the Board of Education and others relating to or arising out of this work, excepting only his just claim if any there by, for amounts withheld by the Board of Education for work not performed in strict accordance with the contract, or, if the Contractor or any subcontractor shall fail to pay any claim lawfully made against him by another contractor or subcontractor of such other contractor or by any materialman, workingman or employee and the Contractor shall not be entitled to payment under the certificate of final completion or acceptance until the shall execute such release. No payment however, final or otherwise shall operate to release the Contractor or his sureties from any obligations under or upon this contract nor relieve the Contractor of liability or responsibility for faulty materials or workmanship.

B. Audit: the Contractor shall provide to the Board, during normal business hours, promptly upon Board’s demand with or without prior notice, access to and copies of any books, records and papers, including computer tapes, disks, or other electronic medial, pertinent to performance of the services under this Agreement up to three (3) years after termination of this Agreement without cost to the Board.

ARTICLE 15 FINAL CERTIFICATE OF COMPLETION

A. After completion and final inspection of all work and after any defects discovered in the work have been corrected to the Contractor, the Board of Education will issue a final certificate of completion, which shall be filed in the Office of the Board of Education.

Whenever used throughout this contract, the term "certificate of final acceptance" shall be deemed to mean the final certificate of completion provided for in this section.

ARTICLE 16 DATE OF COMPLETION

A. The date at which the work shall be deemed to have been actually completed shall be the date fixed in the final certificate of completion.

ARTICLE 17 CORRECTION OF WORK AFTER FINAL PAYMENT

A. Neither the final certificate of completion nor the final payment nor any provision in this contract, nor partial or entire use and occupancy of the premises, nor assumption by the

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Board of Education shall be construed an acknowledgment by the Board of Education that the work has been done in accordance with the term of this contract, nor relieve the

Contractor of liability or responsibility for faulty materials or workmanship or any breach of the contract, nor be deemed a waiver thereof, and unless other provisions have been therefore, the contractor shall remedy any defects of materials or workmanship and be liable and pay for any damage to other work resulting therefrom.

ARTICLE 18 DELAY IN PROGRESS OF WORK, ETC.

A. If at any time during the progress of the work it should appear by report of the

Superintendent of Schools that the force employed, the quantity or quality of the tools, appliances or workmen provided or that the progress or character of the work or the materials furnished are not respectively such as, in the opinion of the Superintendent of

Schools, will insure the completion of the work under this contract within the time stipulated or are not in accordance with the specifications, or if the contractor shall make default or shall violate any of the provisions of the contract, then and in such case, the

Superintendent of Schools may serve written notice on the Contractor to at once supply increase of force, appliances or tools or to cause such improvement in the character of the work or materials to be made as may be required to make the work conform to the stipulations of the specifications or to remedy any and all defects or defaults; and if on the expiration of five (5) days after the service of the notice upon the Contractor, by personal service thereof or by mailing the same to its office at:

The Contractor shall have failed to furnish satisfactory evidence of it’s efforts, ability and intention to furnish and remedy the specified deficiencies or its default, the

Superintendent of Schools may thereupon enter and take possession of the work or any part thereof, with the tools, materials, plant, appliances, houses, machinery and other appurtenance thereon; and hold the same as security for any and all damage or liability that may arise by reason of the nonfulfillment of the contract or by reason of the contractor's failure to complete the work within the time herein stipulated; and, furthermore, the Superintendent of Schools may then employ the tools and other appurtenances and all materials belonging to the contractor delivered in the site and, at the sole cost and expense of the Contractor, may complete or have completed the work and supply or have supplied the labor, materials, machinery and tools of whatever character necessary to be purchased or supplied by reason of the default of the Contractor and may deduct the cost thereof from any payment then due or thereafter falling due to the

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Contractor and in any such event the Contractor and the surety or sureties on the bond given for the faithful performance of this agreement shall be further liable for any and all damages incurred through such default and any and all other breaches of the contract.

B. Notwithstanding the failure of the Contractor to complete the work within the time specified, should the Board permit the Contractor to proceed with and complete the work as if such time had not elapsed, such permission shall not be deemed a waiver, in any respect, by the Board of a forfeiture or liability for damages or expenses thereby incurred arising from non-completion of the work within the time specified, but such liability shall still continue in full force against the contractor as if such permission had not been granted. The failure of the Board to give notice or to avail itself of any of the provisions above mentioned shall not preclude the Board from resorting to another remedy for the default of the Contractor "time" wherever mentioned herein is of the essence of this contract.

C. If the Contractor shall cease all operations on the work or improvement herein specified for three (3) consecutive days, the Contractor may, at the option of the Board, be deemed in default and to have abandoned its contract and the Board may thereupon terminate this contract perform and complete the same as hereinbefore provided.

D. The Contractor hereby covenants and agrees to pay the Board any and all damages that the Board may sustain by reason of a default or violation of any provision of the contract or specifications.

E. Should the Contractor be obstructed or delayed in the prosecution of completing of the work by the actual neglect, delay or default of the Board or a related contractor employed by the Board upon the work or by any damage which may happen by fire, lightning, earthquake or cyclone, or by the abandonment of the work by the employees and through no fault of the Contractor, then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid, but no such allowance shall be made unless a claim therefore is presented in writing to the Board within twenty-four (24) hours of the occurrence of such delay.

ARTICLE 19 CANCELLATION IN EVENT OF BANKRUPTCY

A. The Board may at its option declare the Contractor in default and cancel the contract in case proceedings in bankruptcy are instituted by or against the Contractor, or in case proceedings supplementary to execution are instituted against the contractor and, if the

Board shall so cancel the contract, it may perform and complete the work or improvements as provided for in Article 17 thereof.

ARTICLE 20 LIENS

A. If at any time there shall be evidence of a lien or claim filed against the contractor, the

Board shall have the right to retain out of any payment then due or thereafter to become due, an amount sufficient to completely indemnify the Board against such lien or claim.

Should there prove to be such lien or claim after final payment is made, the contractor and the surety or sureties on the performance bond agree to pay to the Board all monies that the latter may be compelled to pay in discharging the same.

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ARTICLE 21 INDEMNIFY BOARD, ARCHITECT AND/OR CITY

A. The Contractor shall indemnify and save harmless the Buffalo Board of Education, and it’s respective Board Members, the Buffalo School District and it’s officers, employees and representatives, the City of Buffalo, it’s officers, employees and representatives from all claims, suits, actions, damages, losses and costs of every name and description to which the Buffalo Board of Education, it’s Board Members, the Buffalo School District and it’s officers, employees and representatives may be subjected to or put by any reason of injury to the person or property of another or the property, personal or real property of the Buffalo Board of Education, the Buffalo School District and the City of Buffalo resulting from the negligence or carelessness, active or passive, of the contractor, or the joint negligence, active or passive of the Contractor and the Buffalo Board of Education and its Board Members, the Buffalo School District officers, employees and representatives, the City of Buffalo, it’s officers, employees and representatives, his or their employees, agents, or subcontractors, in the performance of any work under this contract, or in the delivery of materials and supplies. The whole, or so much of the money to become due under this contract as shall be considered necessary by the Buffalo

Board of Education, the Buffalo School District, or the City of Buffalo, may be retained by one or all until all suits or claims for damages shall have been settled or otherwise disposed of, and evidence to that effect furnished to the satisfaction of the Buffalo Board of Education, the School District of Buffalo and the City of Buffalo.

ARTICLE 22 PATENT RIGHTS INDEMNITY

A. The Contractor shall and will indemnify and at all time save harmless the Board and the

City of Buffalo against any and all loss and damage, claims and demands, costs and charges that may arise or accrue by reason of the adoption or use by the contractor of a patented article, device or improvement or by reason of the acceptance, adoption or use by the Board of a patented article, device or improvement furnished or delivered by the

Contractor and the Contractor agrees not to adopt or make use of a patented article device or improvement unless it shall first obtain the right and privilege so to do and also the right and privilege to the Board to use such patented article, device or improvement infringing upon the rights of the patents and without expense to the Board.

ARTICLE 23 COMPLIANCE WITH LAWS AND ORDINANCES

A. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this contract shall be permitted or required to work more than eight (8) hours in any one calendar day or more than five (5) days in any one week except in cases of extraordinary emergency, including fire, flood or danger to life or property.

B. Each laborer, workman or mechanic employed by the contractor, subcontractor or other person on, about, or upon the work to be performed under this contract shall be paid the wages required by Section 220 of the Labor Law of the State of New York.

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C. In the hiring or employment of any person, the Contractor shall not discriminate against with respect to terms and conditions of employment because of race, color, religion, gender, age, disability, national origin, sexual orientation, or marital or veteran status, in violation of any federal or state Civil Rights Acts or the Americans with Disabilities Act, where such person is qualified and available to perform the work to which the employment relates, and the contractor, sub-contractor or a person working on behalf of the contractor or a sub-contractor shall not, in any manner, discriminate against or intimidate any employee hired for the performance of the work detailed in his/her contract on account of race, color, religion, gender, age, disability, national origin, sexual orientation, or marital or veteran status.

D. The Contractor agrees that there may be deducted from the amount payable by the Board under this contract a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this contract.

E. The contractor agrees that this Contract may be canceled or terminated by the Board and all monies due or to become due hereunder may be forfeited for a second or subsequent violation of the provisions of Section 220-E of the Labor Law of the State of New York.

F. The contractor, subcontractor or a person acting on behalf of the contractor, or subcontractor shall give preference to citizens of the State of New York who have been residents for at least six (6) consecutive months immediately prior to the commencement of their employment for the performance of the work under this contract, as required by

Section 222 of the Labor Law of the State of New York. Failure to comply with this section of the labor law shall cause this contract to be void.

G. The contractor shall comply with all the provisions of the ordinances of the City of

Buffalo and of the Laws of the State of New York now in force or hereafter adopted applicable to this contract or to the work to be done hereunder.

ARTICLE 24 APPLICABLE LAW, VENUE AND DISPUTE RESOLUTION

A. This Agreement and all Contract documents shall be governed by the laws of the State of

New York without reference to its conflict of laws principles. In the event that a dispute arises between the parties, venue for the resolution of such dispute shall be a New York

State court of competent jurisdiction sitting in Erie County, New York. Nothing contained in this section shall preclude the parties from mutually agreeing to mediation, arbitration or other alternative dispute resolution device.

ARTICLE 25 INSURANCE AND BOND

A. This contract shall be void and of no effect unless the contractor shall secure compensation insurance for the benefit of and keep inured during the term of this contract the employees engaged in the work performed hereunder as are required to be insured by the provisions of Chapter 41 of the Laws of 1914 of the State of New York, known as the

Workmen's Compensation Law and the acts amendatory thereto.

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B. The Contractor shall provide and keep in force during the term of this contract such insurance as is required by the specifications and shall, at its expense, furnish a good and sufficient bond, in a form satisfactory to the Board of Education of the City of Buffalo in the penal sum of:

Such bond to be approved by the Corporation Counsel of the City of Buffalo as to form and by the Comptroller of the City of Buffalo as to sufficiency, to be executed by the contractor as principal and by a duly incorporated company authorized to guarantee the performance of contracts and to do business in the State of New York, as surety, and to be conditioned for the faithful and complete performance of this contract in strict compliance with the contract documents, and also for the payment of all materials or rendering such services may maintain an action to recover for the same against the obliges in the bond as though such person or corporation were named therein provided the action be brought within one (1) year after the time the cause of action accrued.

ARTICLE 26 ASSIGNMENT PROHIBITED

A. The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract or of its right, title or interest therein or its power to execute the same to any person, firm or corporation without the previous consent in writing.

B. The Contractor shall not assign, or transfer either specifically or conditionally, by order or otherwise the compensation or any part thereof to which the Contractor may be entitled under this contract before such compensation is actually earned. In the event of such assignment or transfer, the Board may cancel this contract and retain all compensation at the time of such assignment or transfer due or owing on the contract or the Board may, at its option, recognize such assignment or transfer as valid, but the recognition of any assignments or transfers as valid shall not preclude the Board from canceling this contract for or on account of another or subsequent assignment or transfer. The Contractor agrees not to assign or transfer its compensation or any part thereof.

ARTICLE 27 FULL PERFORMANCE

A. The Board and the Contractor, for themselves, their successors and assigns, hereby to the full performance of the covenant herein contained.

B. Extent of Agreement. This Agreement contains the entire agreement by and among the parties with respect to its subject matter, and this Agreement supersedes all prior negotiations, understandings and agreements whether oral or written between the parties with respect to its subject matter. This Agreement may not be amended, terminated

(except as provided above) or modified orally, or by any course of conduct or usage of trade; and can be amended only by the mutual written agreement of the parties. Any references to this Agreement shall be deemed to include all renewals, as applicable.

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In witness whereof, the party of the first part has caused these presents to be signed by its

President and the party of the second part has caused its corporate seal to be hereunto affixed and these presents to be signed by its duly authorized officer, the date and year first above written.

BOARD OF EDUCATION OF THE CITY OF BUFFALO

BY:

Dr. Pascal Mubenga, EdD

TITLE: Superintendent of Schools

DATE:

Hon. Kathy Evans-Brown

TITLE: President

FIRM NAME:

Name

TITLE:

(SEAL)

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STATE OF NEW YORK)

COUNTY OF ERIE ) SS

CITY OF BUFFALO )

ON THIS DAY OF , 2025

BEFORE ME, THE SUBSCRIBER, PERSONALLY CAME

DR. PASCAL MUBENGA

TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY THAT HE RESIDES IN THE

CITY OF BUFFALO, NEW YORK; THAT HE IS THE INTERIM SUPERINTENDENT OF THE BOARD

OF EDUCATION OF THE CITY OF BUFFALO, THE CORPORATION DESCRIBED IN AND WHICH

EXECUTED THE FOREGOING INSTRUMENT; THAT HE KNOWS THE SEAL OF SUCH

CORPORATION; THAT IT WAS SO AFFIXED BY RESOLUTION DULY ADOPTED BY THE BOARD

OF EDUCATION OF THE CITY OF BUFFALO, AND HE SIGNED HIS NAME THERETO BY VIRTUE

OF SAID RESOLUTION.

NOTARY PUBLIC or COMMISSIONER OF DEEDS

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HON. KATHY EVANS-BROWN

TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY THAT SHE RESIDES IN

THE CITY OF BUFFALO, NEW YORK; THAT SHE IS THE PRESIDENT OF THE BOARD OF

EDUCATION OF THE CITY OF BUFFALO, THE CORPORATION DESCRIBED IN AND WHICH

EXECUTED THE FOREGOING INSTRUMENT; THAT SHE KNOWS THE SEAL OF SUCH

CORPORATION; THAT IT WAS SO AFFIXED BY RESOLUTION DULY ADOPTED BY THE BOARD

OF EDUCATION OF THE CITY OF BUFFALO, AND SHE SIGNED HER NAME THERETO BY

VIRTUE OF SAID RESOLUTION.

NOTARY PUBLIC or COMMISSIONER OF DEEDS

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TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY THAT HE/SHE RESIDES

IN THE CITY/TOWN OF NEW

YORK;

THAT HE/SHE IS THE OF THE

THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE FOREGOING INSTRUMENT;

THAT HE/SHE KNOWS THE SEAL OF SUCH CORPORATION; THAT THE SEAL AFFIXED BY

ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT HE/SHE SIGNED

HIS/HER NAME THERETO BY VIRTUE OF SAID ORDER.

NOTARY PUBLIC

ADVERTISEMENT FOR BID 001116.2-1

ADVERTISEMENT FOR BID

BUFFALO CITY SCHOOL DISTRICT

Sealed proposals for the following project will be received at the office of Plant Services, 403 City Hall, Buffalo, NY 14202, or can be submitted digitally via the Bonfire link provided below. On 22nd April, 2026 at 1:00 PM proposals will be publicly opened and read aloud for a single contract (FIRE SUPPRESSION / ELECTRICAL) for the following project:

NYSED PROJECT 14-06-00-01-0-302-031

Fire Pump Replacement at:

B.P.S. #097: Harvey Austin

Beginning 30TH March, 2026, bidding document packages may be viewed via Bonfire and

Avalon. All questions and answers must only go through Bonfire. Please use the

Bonfire link below to view bidding document packages, submit questions, view answers and addenda, and if preferred to submit electronic bids:

[Link]

Documents are available to be purchased through Avalon Document Services on-line

Plan room website at www.avalonbuff-planroom.com, under “Public Jobs” or ordered by phone at 716-995-7777. All printing is at the contractor’s own expense. Owner can assume no responsibility for errors, omissions, or other misinformation obtained via other bid document distribution resources.

A mandatory pre-bid conference will be held at the facility on Wednesday, April 8, 2026 at 1:00 p.m.; please assemble at the main entrance. The Architect will be present.

Eligible bidders are required to attend this walkthrough or another previously arranged and documented site visit with Architect and/or District personnel.

Please note that the required bid bond is 10%. The work will be subject to the equal employment opportunity requirements. If you have any questions regarding this project, please refer to Bonfire.

Lauren Pacheco, AIA

Interim Executive Director of Plant Services

ADVERTISING DATE: MARCH, 2026

INDEX FOR INSTRUCTIONS TO BIDDERS 002113-1

INDEX FOR INSTRUCTIONS TO BIDDERS

SECTION TITLE PAGE

1. FOREWARD IB–1

2. OBLIGATION OF BIDDER IB–1

3. BIDDER’S RESPONSIBILITY IB–1 – IB–2

4. NOTICE OF SPECIAL CONDITIONS IB–2

5. FORM, PREPARATION AND PRESENTATION IB-2 - IB–2 – IB–3

OF PROPOSALS

6. DISCREPANCIES OR OMISSIONS IB–3

7. ADDENDA AND INTERPRETATIONS IB–3

8. SECURITY ACCOMPANYING PROPOSAL IB–3 – IB–4

9. APPROVAL OF BID BONDS IB–4

10. RIGHTS OF OWNER IB-5

11. RETURN OF SECURITY IB–5

12. CONTRACT IB–5

13. PERFORMANCE BOND & LABOR &

MATERIAL PAYMENT BOND IB–5

14. PENALTY FOR FAILURE TO

ENTER INTO CONTRACT IB–6

15. STATE LAWS IB–6 – IB–7

16. AWARD OF CONTRACT IB–7

17. AGREEMENT, GUARANTY BOND, BID BONDS,

AND PERFORMANCE BONDS IB–7

18. TAXES IB–7 –IB-8

19. TIME IB–8

20. QUALIFICATION OF BIDDERS IB-9

21. BIDDER’S QUALIFICATIONS IB–9 – IB–10

22. AFFIRMATIVE ACTION PROGRAM – BUFFALO PLAN IB–10 – IB–13

- COMPLIANCE BY CONTRACTOR

23. EQUIVALENTS IB–13

IB–1

INSTRUCTIONS TO BIDDERS

1. FORWARD

a. All bidders shall fully and carefully read the Contract documents before submitting proposals and shall comply with all the instructions and requirements as specified.

b. The “Advertisement for Bids” and the “Instruction to Bidders” as well as the

Specifications” in the Contract Documents and the “Contract Drawings” area part of every proposal submitted and are part of the Agreement subsequently executed for doing the work referred to herein as fully as though they had been set forth in full in the body of the proposal and Agreement.

2. OBLIGATION OF BIDDER

a. At the time of the opening of bids, each bidder will be presumed to have inspected the site to have read, and to be thoroughly familiar with the

“Contract Drawings” and “Contract Drawings,” including all Addenda. The failure or omission of any bidder to receive or examine any form, document, or instrument shall in no way relieve any bidder from any obligation in respect to his bid.

3. BIDDER’S RESPONSIBILITY

a. Examination of Site – bidders are cautioned not to submit proposals until having carefully examined the entire site of the proposed work and adjacent premises, and the various means of approach and access to the site, and having made al necessary investigations to inform themselves thorough as to the facilities for delivering and handling materials at the site, and having informed themselves thoroughly as to all difficulties involved in the completion of all the work under the contracts in accordance with the requirements thereof.

b. Examination of Contract Documents – bidders must examine the Plans, Specifications and other contract Documents and shall exercise their own judgment as to the nature and amount of the whole of the work to be done and, for the bid prices, must assume all risk of variance, by whomsoever made, in any computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the contract.

c. Encountering Difficulties – No pleas of ignorance of conditions that exist, or of conditions or difficulties that may be encountered in the execution of the work under these contracts, as a result of failure to make the necessary examinations and investigations, will be accepted as an excuse for any failure or omission on the part of the contractor to fulfill, in every detail, all of the

IB–2

requirements of the contract, documents, or will be accepted as basis for any claim for extra compensation, or for an extension of time.

4. NOTICE OF SPECIAL CONDITIONS

a. Attention is particularly called to that part of the contract documents which deals with the following:

BASE (MAIN) BID – Each contractor shall state in writing and in numerals in the appropriate spaces provided in the Bid Form, the total number of dollars he will require to furnish all labor, materials, equipment, tools, services, etc.

necessary or incidental to the construction of the entire building in accordance with the plans, specifications and other Contract Documents.

ALTERNATE PROPOSALS (See Bid Form) – if alternate proposals are required.

Each Contractor shall state in writing and in numerals in the appropriate spaces provided in the Bid Form, the total number of dollars he will require in addition to the amount of the Base Bid, or the deduction from the amount of the Base Bid for the Construction of the work as called for under “Description of Alternate Bids” included in these specifications.

UNIT PRICES – Each Contractor shall state in the appropriate spaces in the bid Forms as a part of his proposal the number of dollars he will charge for the work added, or work deducted, as the case may be.

ALLOWANCES – Each Contractor shall state in the appropriate spaces in the bid Forms as a part of his proposal the number of dollars he will charge for the work added, or work deducted, as the case may be.

5. FORM, PREPARATION AND PRESENTATION OF PROPOSALS

a. For particulars as to the quantity and quality of the supplies, materials and equipment to be furnished and the nature and extent of the work or labor to be done, prospective bidders are referred to the Contract Documents which may be examined or obtained at the office of the Architect.

b. Each bid shall be submitted upon the prescribed proposal form. All blank spaces for bid prices must be filled in, in ink, in both words and figures, which the unit or total sum, or both, for which the proposal is made. If proposals contain any omissions, erasures, alterations, additions, or items not called for in the itemized proposals, or contain irregularities of any kind, such may constitute sufficient cause for rejection of bid. In case of any discrepancy in the unit price or amount bid for any item in the proposal, the price as expressed in written words, will govern. The proposal shall state whether the

IB–3

bidder is a corporation, under laws of what state and have the corporate seal affixed; if a co-partnership, the full name or names of all interested parties.

c. The bid must be verified and be presented on the prescribed form, in a sealed envelope, on or before the time and at the place state in…