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									                             INFORMATION FOR BIDDERS

1)   INVITATION TO BID

     In accordance with the Notice for Bids, proposals will be received for the performance of the
     Project, the designation of which is stated in the Notice for Bids. Bids are requested on the
     items stated in form of Proposal for the Project. The prices bid shall cover all cost of any
     nature incidental to and growing out of the work. In explanation but not in limitation thereof,
     these costs shall include the cost of all work, labor, material, equipment, transportation and
     all else necessary to perform and complete the Project in the manner and within the time
     required on all incidental expenses in connection therewith, all costs on account of loss by
     damage or destruction of the Project and any additional expenses for unforeseen difficulties
     encountered for settlement of damages and for replacement of defective work and materials.
     Conditions, limitations or provisos attached by the Bidder to the Proposal may cause its
     rejection.

     (a)    Before submitting his proposal, the bidder shall be familiar with the specifications
            that will form part of the contract, shall have investigated in detail the site of the
            Project and shall have made such examination thereof as may be necessary to satisfy
            himself in regard to the character and amount of work involved. He shall have
            satisfied himself also that he can secure the necessary labor and equipment and that
            the materials he proposes to use will comply with the requirements thereof and can
            be obtained by him in the quantities and at the time required.

     (b)    Wherever in the Contract Documents reference is made to the Contract, it shall be
            construed to refer to the Contract entered into through the acceptance of the Proposal
            above, and all applicable provisions in the specifications shall govern each contract
            with equal force.

     (c)    Any prospective bidder who wishes to challenge a bid specification shall file such
            challenges in writing with the purchasing agent no less than three business days prior
            to the opening of the bids. Challenges filed after that time shall be considered void
            and having no impact on the Board of Education or the award of a contract.

3)   EDUCATIONAL FACILITIES CONSTRUCTION & FINANCING ACT

     (a)    The Bidder acknowledges that this project is a school facilities project as defined in the
            Educational Facilities Construction and Financing Act, N.J.S.A. 18A:7G-1 et seq. and
            N.J.A.C. 19:32-1 et seq.) thereby being funded in part with funds from the New Jersey
            Schools Development Authority (hereinafter referred to as "SDA"). This project shall
            be completed as required by the Act and the regulations applicable thereto. Neither the
            State, the SDA, nor any of its departments, agencies, board members, nor employees
            will be a party to this contract or subcontract or any lower tier contract or subcontract.
            The contract or subcontract which is awarded is subject to the requirements contained
            in N.J.A.C. 19:32-1 et seq. In accordance with the provisions of N.J.S.A. 18A:7G-15,

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            the contractor and all subcontractors agree to comply with all of the provisions of
            N.J.A.C. 19:32-1 et seq. The Contractor to whom the contract is awarded shall execute
            the "Contractor Certification and Consent Upon Award of Contract" attached to these
            specifications, and shall comply with all other conditions which may be imposed by or
            affecting the SDA during the course of this project and thereafter, as applicable to this
            project and as may be necessary and appropriate to implement the laws of the State and
            to effectuate the purposes of N.J.S.A. 18A:76-1 et seq..

     (b)    The Board shall not enter into any contract for work on a school facilities project with
            any person or firm who has been debarred, suspended or disqualified from State, SDA,
            or Federal government contracting. The Contracted Party, its subconsultants or
            subcontractor may be debarred, suspended or disqualified from contracting and/or
            working on the School Facilities Project if found to have committed any of the acts
            listed in N.J.A.C. 17:19-3.1 et seq. and N.J.A.C. 6:20-7.1 et seq. or any applicable
            regulation issued by the SDA. All bidders shall include the provisions of this paragraph
            B in all agreements with all subconsultants and subcontractors involved in this project.

     (c)    All bidders shall submit a sworn statement by the bidder, or an officer or partner of the
            bidder, indicating whether or not the bidder is, at the time of the bid, included on the
            State Treasurer's, the SDA's, or the Federal Government's List of Debarred, Suspended
            or Disqualified Bidders as a result of action taken by any State or Federal agency, as the
            case may be. The district shall immediately notify the State, the SDA and the Unit of
            Fiscal Integrity, in writing, whenever it appears or the district obtains knowledge that a
            bidder, any contracted party, subconsultant or subcontractor is on the Treasurer's, the
            SDA's, or the Federal Government's List. The State and the SDA reserve the right in
            such circumstances to immediately suspend such bidder from contracting and/or
            engaging in work on the school facilities project and to take such other action as it
            deems appropriate pursuant to N.J.A.C. 17:19-3.1 et seq. or any applicable regulation
            issued by or affecting the SDA. A form entitled, "Bidder Certification" is included as
            part of the bidding documents.

3)   DEFINITION

     Whenever in this Contract the following terms or pronouns in place of them are used, their
     intent and meaning shall be interpreted as follows:

     a)     Contract Documents, the agreement covering the performance of the project
            hereinafter defined, and payments therefore, including Advertisement for Proposals,
            Information for Bidders, Special Conditions, General Conditions, Proposal, Executed
            Contract, Contract Bond, detailed Specification for the Project and Supplementary
            Agreements which may be entered into, all of which documents are to be treated as
            one instrument whether or not set forth at length in the form of Contract.




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     b)     Project, the work to be performed as shown under the various Specifications listed
            hereinafter.

     c)     Bidder, an individual firm, partnership or corporation, acting directly or through a
            duly authorized representative legally submitting a proposal.

     d)     Contractor, party of the second part of this Contract for any one of the major
            divisions of the work, acting directly or through agents or employees and primarily
            liable for the acceptable performance of the Project and for the payment of all debts
            pertaining to the Project.

     e)     Surety, the corporate body which is bound with and for the Contractor and which
            engages to be responsible for his acceptable performance of the Project and for his
            payment of all debts pertaining to the Project.

     f)     Materials, all raw and prepared materials and manufactured or fabricated products
            entering into the finished Project.

4)   SPECIFICATIONS

     The Project shall be performed in accordance with the requirements of the specifications,
     subject to modifications as provided in the General Conditions. Should any work be required
     which is not denoted in the specifications because of an obvious omission but which is,
     nevertheless, necessary for the proper performance of the Project, such work shall be
     performed as fully as if it were described and delineated.

5)   INTERPRETATIONS

     No oral interpretation will be made to any bidder as to the meaning of the specifications.
     Every request for such interpretation shall be made in writing and addressed and forwarded
     to the Board of Education, 145 Spring Valley Road, Paramus, New Jersey 07652. No inquiry
     received within three days of the date fixed for the opening of the bids will be given
     consideration. Every interpretation made to a bidder will be in the form of an addendum to
     the specification which, if issued, will be sent as promptly as is practicable to all persons to
     whom the specifications have been issued. All such addenda shall become part of the
     Contract Document. Failure of any bidder to receive such interpretation shall relieve any
     bidder from any obligation under his bid as submitted.

6)   CHANGES WHILE BIDDING

     During the bidding period, bidders may be furnished addenda or bulletins for additions to or
     alterations of the plans or specifications, if any, which shall be included in the work covered
     by the Proposals and become a part of the Contract Document.

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7)    EXAMINATION OF SITE

      Each bidder shall visit the site of the proposed work and fully acquaint himself with the
      conditions as they exist so that he may fully understand the facilities, difficulties and
      restrictions attending the execution of the work under his Contract.

      a)     Bidders shall also thoroughly examine and be familiar with the specifications. The
             failure or omission of any bidder to receive or examine any form, instrument or
             document or to visit the site and acquaint himself with conditions there existing shall
             in no way relieve any bidder from obligation with respect to his bid. By submitting a
             bid, the bidder agrees and warrants that he has examined the site and specifications
             where the specifications are adequate and the required result can be produced under
             the specifications. No claim for any extra will be allowed because of alleged
             impossibilities in the productions of the results specified or because of differences in
             actual measurements on the specifications, or because of unintentional errors or
             conflictions in the specifications.

8)    PROPOSAL GUARANTEE

      The proposal, when submitted, shall be accompanied by a Proposal Guarantee in the form of
      a Certified Check or Bid Bond made payable to the owner, in the sum of not less than ten
      percent (10%) of the base Proposal, but not in excess of $20,000. The Proposal Guarantee
      shall be forfeited as liquidated damages if the bidder fails to execute the Contract and furnish
      Bond as specified within ten (10) days after notification of the award of the Contract to him.

9)    RETURN OF PROPOSAL GUARANTEE

      All Proposal Guarantees will be returned within thirty (30) days after the Proposals have
      been opened, read and tabulated, except those of the three bidders for each division of the
      work who have bid the lowest total prices for performing the Project, and whose Proposal
      and other documents submitted herewith in all respects comply with the requirements stated
      herein. The Proposal Guarantees of those bidders will be returned when the Contract is
      executed or, if not executed, when the matter has been disposed of by the owner except,
      however, when the Proposal Guarantee has been forfeited as liquidated damages.

10)   GENERAL SCOPE OF BASE PROPOSALS

      The work under this Contract includes all work stated in the Drawings and Specification.

11)   PROPOSALS

      Proposals shall be submitted in the form of proposal furnished by the Board of Education,
      properly filled out, and shall be duly executed. Proposal forms shall not be altered or added
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      to in any way.

      a)     When the Proposal is made by an individual, his post office address shall be stated,
             and he shall sign the Proposal; when made by a firm or partnership, its name and post
             office address shall be stated and the Proposal shall be signed by one or more of the
             partners; when made by a corporation, its name and principal post office address shall
             be stated, and the Proposal shall be signed by an authorized official of the
             corporation. Before award is made to a bidder not a resident of the State or
             Commonwealth, such bidder shall designate a proper agent in the State or
             Commonwealth on whom service can be made in event of litigation.

12)   ASSIGNMENT/SUBCONTRACT

      a)     The Bidder to whom the contract is awarded (hereinafter referred to as "Contractor")
             may not assign this contract to any person, partnership or corporation nor may it
             subcontract any part of the work required to be performed under the contract without
             obtaining the prior written approval of the Board.

      b)     Any assignee or successor in interest to the contract who is approved by the Board shall
             be bound by the terms of this contract.

      c)     Any subcontractor approved by the Board shall be bound by the terms of this contract.

      d)     Each contract awarded by the Board in connection with the school facilities project is
             assignable to the SDA.

13)   LAWS

      The Contractor shall observe and comply with all Federal and State laws and local
      ordinances that affect those engaged or employed on the Project and materials or equipment
      used, or the conduct of the work

      Attention is called to the following State laws:

      (1)    CHAPTER 9, TITLE 34, Revised Statutes, providing that the citizens of the State of
             New Jersey who have resided in the State not less than one year be given preference
             in employment on public works.

      (2)    CHAPTER 10, TITLE 34, Revised Statutes, providing, as a condition of the
             Contract, establishment of an eight-hour working day for laborers, workmen and
             mechanics and requiring payment of prevailing rates of wages and providing
             penalties for violations.

      (3)    CHAPTER 2, TITLE 10, Revised Statutes whereby the Contractor as a condition of

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      the Contract shall and hereby agrees:

      a)     That in the hiring of laborers, workmen and mechanics for the performance of
             work under this Contract or any subcontractor hereunder, no Contractor nor
             any person acting on behalf of such Contractor or subcontractor, shall, by
             reason of race, creed, or color, discriminate against any citizen of the State of
             New Jersey, who is qualified and available to perform the work to which the
             employment relates:

      b)     That no Contractor, subcontractor, nor any person on his behalf shall in any
             manner, discriminate against or intimidate any employee hired for the
             performance of work under this contract on account of race, creed or color;

      c)     That there may be deducted from the amount payable to the Contractor by the
             Owner, under the Contract, a penalty of five dollars ($5.00), for each person,
             for each calendar day during which such person is discriminated against or
             intimidated in violation of the provisions of the Contract.”

(4)   CHAPTER 15, TITLE 40 AND CHAPTER 32 AND 33, TITLE 52, Revised Statutes,
      whereby the Contractor as a condition of the Contract shall and hereby does agree
      that in the performance of the Project, only domestic materials and manufactured
      farm products of the United States will be used, whenever available, unless otherwise
      specifically provided in the Contract with respect to any material which the Owner
      may deem advisable to except from this requirement.

(5)   PREVAILING WAGES - Not less than the prevailing rate of daily wages in a locality
      where the work is performed shall be paid to mechanics, workmen and laborers
      employed by the contractors or subcontractor’s. The prevailing rate of wages for
      workers shall be the rate paid by the employers employing a majority of the workers
      of the craft in a country or municipality in which the work is being done. A
      contractor shall follow and pay his men in accordance with Chapter 150 of the laws
      of 1963, known as the New Jersey Prevailing Wage Act and which went into effect as
      of January 1, 1964, and Chapter 303 of the laws of 1979 which went into effect
      January 17, 1980.

      A copy of the prevailing wage rate for the locality has been obtained from the
      Commissioner of the New Jersey Department of Labor by the Board of Education
      and is on file at the office of the School Business Administrator. Contractor may also
      obtain the prevailing wage rate from “Public Contracts Section, Office of Wage and
      Hour Compliance, N.J. Dept. Of Labor, CN 389, Trenton, New Jersey 08625-0389.
      The contractor shall complete affidavit indicating compliance with this section.

      Before final payment is made, a certified statement of payrolls shall be furnished to
      show compliance to above law. THE BOARD OF EDUCATION WILL NOTIFY

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      THE WAGE AND HOUR DIVISION, N.J. DEPARTMENT OF LABOR AND
      INDUSTRY, OF THE AWARD OF THE CONTRACT IN COMPLIANCE WITH
      THIS REGULATION.

(6)   Each bidder must also comply with the following State Law and Regulation adopted
      by the State Board of Education.

      a)     “Every Board of Education shall require that all persons proposing to bid on
             any contract requiring public advertisement for bids with the board for public
             work, the entire cost whereof will exceed $20,000, shall first be classified in
             accordance with article 6 of this chapter as to the character and amount of
             public work on which they shall be qualified to submit bids. So long as such
             requirement is in effect, the board of education shall accept such bids only
             from persons qualified in accordance with such classification. (18A:18:-26)

      b)     Any person desiring such classification shall file with the department a
             statement under oath in response to a questionnaire, prepared and
             standardized for like classes of work, by the department together with a fee of
             $10.00. The statement shall develop fully the financial ability, adequacy of
             plant and equipment, organization and prior experience of the prospective
             bidder, and also such other pertinent and material facts as may be deemed
             desirable. (18A:18A-28)

      c)     Bidder shall also provide with bid the Total Amount of Uncompleted
             Contracts form as required by Department of Treasury, State of New Jersey.

(7)   Contractor’s Registration Evidence

      Pursuant to N.J.S.A. 34:11 -56.48 et. seq., “The Public Works Registration Act” all
      contractors bidding on this public works project shall submit with their bid a copy of
       one of the following:

      a)     Contractor’s Certificate of Registration as issued by the Contractor
             Registration Unit of the New Jersey Department of Labor, valid on the date of
             the quotation.

      b)     Application for Public Works Contractor Registration form as submitted to
             the New Jersey Department of Labor Division of Wage and Hour
             Compliance.

      In the event that the application form (Option B above) is submitted in lieu of the
      actual Certificate of Registration, the contractor shall provide to the Paramus Board
      of Education a copy of their Certificate of Registration upon receipt from the
      Department of Labor. Per C. 34:11-56.51, no contractor shall engage in any contract

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              for public work unless the contractor is registered pursuant to this act. If the
              Certificate of Registration is not subsequently provided following use of the option
              to use the application form to satisfy the contractor’s registration evidence at time of
              quotation, the contractor will be considered “non-responsive”, which will nullify
              their contract award.

14)   ACCESS AND RECORD RETENTION

      a)      The successful bidder shall permit the New Jersey Schools Development Authority, the
              Unit of Fiscal Integrity, Department of Community Affairs, Department of Education,
              the Department of Labor and their duly authorized agents to investigate, audit, examine
              and inspect in such manner and at such times as the SDA, the EDA, the Unit of Fiscal
              Integrity, Department of Community Affairs, the Department of Education, the
              Department of Labor and their agents deem necessary. The SDA and the Unit of Fiscal
              Integrity shall have the right to have access to all work product produced in connection
              with audits made by the district or its accountant or by the contracted parties or their
              accountants.

      b)      The successful bidder shall keep those records and accounts for the school facilities
              project as necessary in order to evidence compliance with the Educational Facilities
              Construction & Financing Act, N.J.S.A. 18A:7G-1 et seq. the Public School Contracts
              Law, N.J.S.A. 18A:18A-1 et seq., the grant agreement, and all applicable regulations
              and requirements. Financial records, supporting documents, and all other records of the
              successful bidder which relate in any way to the school facilities project and/or to the
              grant shall be retained for ten (10) years following closeout, provided however, if any
              litigation, claim or audit relating to the school facilities project and/or to the grant is
              commenced prior to closeout. Such records and documents shall be retained until all
              litigation, claims or audit findings involving the records have been fully resolved.

15)   INSURANCE

      The Contractor shall file with the Board of Education, Borough of Paramus, Bergen County,
      New Jersey “Certificate of Insurance” of an insurance company authorized to do business in
      New Jersey. The Certificates are to be completed by the Contractor’s insurance carrier(s)
      and signed by an authorized agent(s) of the Insurance Company. The Contractor shall not
      commence any work under the contract until such “Certificate of Insurance” is in the hands
      of and approved by the Paramus Board of Education.

      Workmen’s Compensation Insurance: The Contractor shall carry Workmen’s Compensation
      Insurance during the life of the contract to insure his statutory liability to his employees in the
      state or states in which the work under the contract is to be performed.

      Public Liability: Before the work is commenced, the contractor shall file with the Board of
      Education, Borough of Paramus, Bergen County, New Jersey, a certificate of an insurance

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      company authorized to do business in New Jersey certifying that the said insurance company
      has issued to the contractor and the owners, the Board of Education, Borough of Paramus, a
      policy of insurance (public liability and property damage liability), protecting the contractor,
      the Board of Education, Borough of Paramus, in usual manner from all claims that may arise
      by reason of injuries to or damage sustained by persons other than the contractor’s employees
      due to the performance of said work by the contractor or his subcontractor, and that said
      policy is then in force and the date of its expiration. The amount of the policy shall be in the
      limits of at least One Hundred Thousand Dollars ($100,000) for injuries and damages to one
      person and Three Hundred Thousand Dollars ($300,000) for injuries or damages to two or
      more persons and Fifty Thousand Dollars ($50,000) for property damage. The expiration
      date of such policy shall not occur in the period during which the work is proposed to be
      done.

      Comprehensive Automobile Liability and Property Damage: The Contractor shall carry
      Comprehensive Form of Automobile Liability and Property Damage Insurance during the life
      of the contract covering the risks itemized in the form of “Certificate of Insurance” provided
      for in this contract. The limits shall not be less than $100,000/$300,000 for bodily injury and
      $50,000 for property damage.

16)   SAVE HARMLESS AGREEMENT

      CONTRACTOR agrees to indemnify, hold harmless and defend the Board of Education,
      Borough of Paramus, from and against any and all liability for loss, damage or expense
      which the Board of Education, Borough of Paramus, may suffer or for which the Board of
      Education, Borough of Paramus, may be held liable by reason of injury (including death) to
      any person or damage to any property arising out of or in any manner connected with the
      operations to be performed under this contract whether or not due in whole or in part to any
      act, omission, or negligence of the Board of Education, Borough of Paramus, or any of its
      representatives or employees.

17)   GUARANTEE BOND

      The bidder to whom the contract has been awarded shall furnish and deliver within ten (10)
      days of award a guarantee bond satisfactory to the owner in the amount of one hundred
      percent (100%) of the amount of the contract guaranteeing all materials and workmanship
      against the original defects, or against injury from proper and usual wear when used for the
      purpose intended, for one year after the final payment.

      Defects appearing during the period of guarantee bond shall be made good by the contractor
      at his expense upon demand of the representative of the Board of Education, it being required
      that all work shall be in good condition when the period of guarantee bond shall have
      elapsed.

      The contractor shall be required to furnish a corporate surety bond for the performance of his

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      contract in the full amount of his bid. This Surety Bond is subject to the approval of the
      Board of Education and must be written by a Surety Company authorized and licensed to
      write such bonds in the State of New Jersey. A letter from an officer of the surety company
      must accompany the bid stating that if the award is made to the contractor, a surety bond will
      be provided within ten (10) days after the award of the contract.

18)   RIGHT TO AWARD

      The school district reserves the right to make awards within thirty (30) days after date of the
      bid opening during which period bids may not be withdrawn unless the bidder specifically
      states in his bid that acceptance of bid price is firm only to a specific date.

      Award of the Contract will be made only to the lowest bidder whose proposal shall comply
      with all the provisions required to render it formal, and fully complied with the full
      requirements as established within the Details and Specifications. The Board of Education of
      the Borough of Paramus does reserve the right to reject any and all proposals and may
      readvertise for new proposals if, in its opinion, the best interest of the School District will
      thereby be promoted, and further, the Board of Education reserves the right to reject any
      materials or work or both if same do not comply with strict accordance and interpretation of
      the plans and specifications, and such defective materials or work must be removed and
      replaced in shortest time with no inconvenience to the Board. If no attempt is made to do so
      after being notified, the Board reserves the right to proceed with such responsibility of
      replacement and deduct the cost of same from the Contract price. The board further reserves
      the right to add to or deduct from the original quantities specified, upon determining the
      average cost of the particular item bid upon, and in agreement with all concerned. The final
      Contract price to be adjusted accordingly.

      The successful bidder must be prepared, if requested by the Board of Education, to provide
      the necessary samples, affidavits or performance requirements, authentic test results, or any
      such information necessary to substantiate the compliance of materials and labor to the
      requirements established. The Contractor shall supply and furnish and deliver all material
      required of first quality as specified in quantities sufficient to fully complete the contract
      requirements as specified.

      If any material is not shown but reasonably implied or necessary, it shall be supplied at no
      extra cost. The proposal submitted is based on the general conditions and specifications and
      must be made with full knowledge of conditions on the premises and the contractor should
      visit the premises and inform himself of the character of the work dimensions, material and
      performance requirements. Failure to do so will in no way relieve him of any responsibility.

19)   INSPECTION

      All the materials must be strictly in accordance with these specifications. All workmanship
      must be first class in every respect, and every part of the work is to be executed under the

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      direction of a representative of the Board of Education to his entire satisfaction and subject to
      his approval and acceptance. Only skilled mechanics are to be employed to do work
      described herein. The right is reserved to require the contractor to discontinue the services of
      any workman or employee on the job who may be deemed unskillful or otherwise
      objectionable.

20)   RISK, BLAME, ETC.

      During progress of this work, the contractor is to assume all risk and to bear all loss
      occasioned through neglect or accident caused by his work or workmen, until such work has
      been completed and accepted. The contractor must agree to protect and to hold the Board of
      Education blameless from any and all claims to patented articles.

      The contractor is to assume all responsibility of loss by reason of his neglect or violation of
      Borough ordinances, laws or regulations or from any other cause; and all expenses and work
      necessary to conform to the laws and ordinances above-mentioned must be furnished without
      additional cost.

21)   PERMITS

      The contractor shall comply with all State laws, Borough ordinances and all rules and
      regulations of health, public and/or other authorities, controlling or limiting the methods, the
      material to be used or the action of those in work of this kind.

      Any labor or material in addition to that described herein, necessary to comply with these
      laws, rules, ordinances or regulations shall be performed and furnished by the contractor. All
      individual permits required shall be obtained and paid by the individual contractors requiring
      same.

22)   LABOR, EQUIPMENT & OTHER MATERIALS
      USED IN THE EXECUTION OF CONTRACT

      The bidder shall include all labor, materials, equipment, scaffolding, ladders and appliances
      and all work required for the complete execution of the contract bid in accordance with the
      specifications outlined.

23)   PROTECTION OF WORK

      The contractor must protect his work and materials and will be held responsible for all
      damage to same, and will be required to make good at his own expense all such damage,
      until the final completion and acceptance of the work. All materials must be stored in a net
      and orderly manner.



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24)   PROTECTION OF SITE

      The contractor must protect the site and property of the owner and will be held responsible
      for all damage to same caused by his workmen or sub-contractors and will be required to
      make good at their own expense all such damage until final completion and acceptance of
      work.

25)   SUSPENSION OF WORK

      When the whole or a portion of this work is suspended for any reason, the contractor shall
      properly cover over, secure and protect such of his work and materials and equipment from
      the premises and shall leave the site and buildings clean and orderly.

26)   CLEANING UP

      All surplus and rejected materials, empty cans, rubbish and obstacles must be removed by the
      contractor from the line of the work and from the adjacent premises as rapidly as the work
      progresses and unless this is done by the contractor within twenty-four hours after he is
      notified to do so by the Secretary of the Board of Education, the latter shall have the right to
      have the aforesaid work done by others and to deduct the expense from the amount due the
      contractor.

27)   CONTRACTOR’S SUPERVISION

      The contractor must give his personal supervision to the work included in his contract, and
      must have a competent foreman constantly employed on the work during execution. This
      foreman shall have full authority to act for the contractor in all matters concerning the work
      or construction.

28)   FINAL DECISIONS

      The representative of the Board of Education shall have the right to interpret the true
      meaning and intention of specifications. Should any controversies or disputes arise over
      such interpretations, his decision shall be binding and final.

29)   AFFIRMATIVE ACTION

         N.J.S.A. 10:5-31 et. seq. N.J.A.C. 17:27

         During the performance of this contract, the contractor agrees as follows:

         The contractor or subcontractor, where applicable, will not discriminate against any
         employee or applicant for employment because of age, race, creed, color, national origin,
         anscestry, marital status, affectional or sexual orientation, gender identity or expression,
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disability, nationality or sex. Except with respect to affectional or sexual orientation and
gender identity or expression, the contractor will take affirmative action to ensure that
such applicants are recruited and employed, and that employees are treated during
employment, without regard to their age, race, creed, color, national origin, ancestry
marital status, affectional or sexual orientation, gender identity or expression, disability,
nationality or sex. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
Public Agency Compliance officer setting forth provisions of the nondiscrimination
clause.

The contractor or subcontractor, where applicable will, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without regard to age,
race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor, where applicable, will send to each labor union or
representative of workers with which it has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency contracting officer
advising the labor union or workers’ representative of the contractor’s commitments
under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations
promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et. seq., as amended and
supplemented from time to time and the Americans with Disabilities Act.

When hiring or scheduling workers in each construction trade, the contractor or
subcontractor agrees to make good faith efforts to comply minority and women workers
in each construction trade consistent with the applicable employment goal prescribed by
N.J.A.C. 17:27-7.3; provided, however, that the Division may, in its discretion, exempt
a contractor or subcontractor from compliance with the good faith procedures prescribed
by the following provisions, A, B, and C, as long as the Division is satisfied that the
contractor or subcontractor is employing workers provided by a union which provides
evidence, in accordance with standards prescribed by the Division, that its percentage of
active “card carrying” members who are minority and women workers is equal to or
greater than the applicable employment goal established in accordance with N.J.A.C.
17:27-7.3. The contractor or subcontractor agrees that a good faith effort shall include
compliance with the following procedures:

(a) If the contractor or subcontractor has a referral agreement or arrangement with a

                                       13
   union for a construction trade, the contractor or subcontractor shall, within three
   business days of the construction award, seek assurances from the union that it will
   cooperate with the contractor or subcontractor as it fulfills its affirmative action
   obligations under this contract and in accordance with the rules promulgated by the
   Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from
   time to time and the Americans with Disabilities Act. If the contractor or
   subcontractor is unable to obtain said assurances from the construction trade union at
   least five business days prior to the commencement of construction work, the
   contractor or subcontractor agrees to attempt to hire or schedule minority and women
   workers directly, consistent with the applicable employment goal. If the contractor’s
   or subcontractor’s prior experience with a construction trade union, regardless of
   whether the union has provided said assurances, indicates a significant possibility
   that the trade union will not refer sufficient minority and women workers consistent
   with applicable employment goal, the contractor or subcontractor agrees to be
   prepared to hire or schedule minority and women workers directly, consistent with
   the applicable employment goal, by complying with the hiring or scheduling
   procedures prescribed under (b) below; and the contractor or subcontractor further
   agrees to take said action immediately if it determines or is so notified by the
   Division that the union is not referring minority and women workers consistent with
   the applicable employment goal.

(b) If the hiring or scheduling of workforce consistent with the employment goal has not
    or cannot be achieved for each construction trade by adhering to the procedures of (a)
    above, or if the contractor does not have a referral agreement or arrangement with a
    union for a construction trade, the contractor or subcontractor agrees to take the
    following actions consistent with the applicable county employment goals:

       (1)     to notify the public agency compliance officer, the Division, and minority
               women referral organizations listed by the Division pursuant to N.J.A.C.
               17:27-5.3, of its workforce needs, and request referral of minority and
               women workers;

       (2)     to notify any minority and women workers who have been listed with it
               as awaiting available vacancies;

       (3)     prior to commencement of work, to request that the local construction
               trade union refer minority and women workers to fill job openings,
               provided the contractor or subcontractor has a referral agreement or
               arrangement with a union for the construction trade;

       (4)     to leave standing requests for additional referral to minority and women
               workers with the local construction trade union, provided the contractor
               or subcontractor has a referral agreement or arrangement with a union for
               the construction trade, the State Training and Employment Service and

                                     14
      other approved referral sources in the area until such time as the
      workforce is consistent with the employment goal;

(5)   if it is necessary to lay off some of the workers in a given trade on the
      construction site, to assure, consistent with the applicable State and
      Federal statutes and court decisions, that sufficient minority and women
      employees remain on the site consistent with the employment goal; and
      to employ any minority and women workers laid off by the contractor on
      any other construction site on which its workforce composition is not
      consistent with an employment goal established pursuant to rules
      implementing N.J.S.A. 10:5-31 et. seq.;

(6)   to adhere to the following procedure when minority and women workers
      apply or are referred to the contractor or subcontractor:

       (i)     if said individuals have never previously received any document
               or certification signifying a level of qualification lower than that
               required in order to perform the work of the construction trade,
               the contractor or subcontractor shall determine the
               qualifications of such individuals and if the contractor’s or
               subcontractor’s workforce in each construction trade is not
               consistent with the applicable employment goal, it shall hire or
               schedule those individuals who satisfy appropriate qualification
               standards. However, a contractor or subcontractor shall
               determine that the individual at least possesses the requisite
               skills, and experience recognized by a union, apprentice
               program or a referral agency, provided the referral agency is
               acceptable to the Division. If necessary, the contractor or
               subcontractor shall hire or schedule minority and women
               workers who qualify as trainees pursuant to these or schedule
               minority and women workers who qualify as trainees pursuant
               to these rules. All of the requirements, however, are limited by
               the provisions of “C” below.

       (ii)    if the contractor’s or subcontractor’s workforce is consistent
               with the applicable employment goal, the name of any
               interested women or minority individual shall be maintained on
               a waiting list for the first consideration, in the event the
               contractor’s or subcontractor’s workforce is no longer
               consistent with the applicable employment goal.

       (iii)   if, for any reason, said contractor or subcontractor determines
               that a minority individual or a woman is not qualified or if the
               individual qualifies as an advanced trainee or apprentice, the

                            15
               contractor or subcontractor shall inform the individual in
               writing of the reasons for the determination, maintain a copy of
               the determination in its files, and send a copy to the public
               agency compliance officer and to the Division.

(7)   to keep a complete and accurate record of all requests made for the
      referral of workers in any trade covered by the contract, on forms made
      available by the Division and submitted promptly to the Division upon
      request.

             c) the contractor or subcontractor agrees that nothing contained
                in (b) above shall preclude the contractor or subcontractor
                from complying with the union hiring hall or apprenticeship
                policies in any applicable collective bargaining agreement, or
                union hiring hall arrangement, and, where required by custom
                or agreement, it shall send journeymen and trainees and to the
                union for referral, or to the apprenticeship program for
                admission, pursuant to such agreement or arrangement.
                However, where the practices of a union or apprenticeship
                program will result in the exclusion of minorities and women
                or the failure to refer minorities and women consistent with
                the county employment goal, the contractor or subcontractor
                shall consider for employment persons referred pursuant to
                (b) above without regard to such agreement or arrangement;
                provided further, however, that the contractor or
                subcontractor shall not be required to employ women and
                minority advanced trainees and trainees in numbers which
                results in the employment of advanced trainees and trainees as
                a percentage of the total workforce for the construction trade,
                which percentage significantly exceeds the apprentice to
                journey worker ratio specified in the applicable collective
                bargaining agreement, or in the absence of a collective
                bargaining agreement, exceeds the ratio established by
                practice in the area for said construction trade. Also, the
                contractor or subcontractor agrees that, in implementing the
                procedures of (b) above, it shall, where applicable, employ
                minority and women workers residing within the geographical
                jurisdiction of the union. After notification of award, but
                prior to signing a construction contract, the contractor shall
                submit to the Public Agency Compliance Officer and the
                Division an Initial Project Workforce Report (Form AA 201)
                provided to the Public Agency by the Division for distribution
                to and completion by the contractor, in accordance with
                N.J.A.C. 17:27-7. The contractor also agrees to submit a

                           16
                                     copy of the Monthly Project Workforce Report once a month
                                     thereafter for the duration of this contract to the Division and
                                     to the Public Agency Compliance Officer. The Contractor
                                     agrees to cooperate with the Public Agency in the payment of
                                     budgeted funds, as is necessary, for on-the-job and/or off-the
                                     job programs for outreach and training of minorities and
                                     women.

                                 d) The Contractor and its subcontractors shall furnish such
                                    reports or other documents to the Division of Contract
                                    Compliance & EEO as may be requested by the Division from
                                    time to time in order to carry out the purposes of these
                                    regulations, and Public Agencies shall furnish such
                                    information as may be requested by the Division of Contract
                                    Compliance & EEO for conducting a compliance
                                    investigation pursuant to Subchapter 10 of the
                                    Administrative Code (NJAC 17:27).

30)   ALTERNATE PROPOSALS

      a)     Alternate proposals, if any, shall be quoted as additions to or deductions from the
             Base Bid and the Bidder shall set forth in the space provided the amount to be added
             to or deducted from the Base Bid, unless otherwise specified. Alternate Proposals
             shall reflect the increase or decrease in cost of all work of every name and nature
             which may be affected thereby, and no subsequent claims for extras by reason of the
             Bidder’s failure to observe this requirement will be considered.

      b)     The Bidder who does not desire to make a change from the Base Bid under a
             particular Alternate Proposal shall so indicate by using the words “No Change.” The
             Bidder shall also use the term “No Change” for Alternate Proposals that do not apply
             to the work under his base proposal. Failure to bid or the use of the term “No Bid”
             on any Alternate may cause rejection of the entire bid if the Owner elects to accept
             that particular Alternate.

      c)     Alternate Proposals shall include overhead and profit applicable thereto and all labor,
             materials, equipment, appliances and services necessary or incidental to the
             completion of the Alternate Work as shown on the drawings and in accordance with
             the specifications.

31)   RELEASE OF LIENS

      Before final payment is made to the Contractor, he shall present to the owner a bond or a
      notarized affidavit acceptable to the owner’s Attorney, stating that no lien by him or any of
      his sub-contractors or supplies exists against the subject contract or realty and that no Notice

                                                17
      of Intention has been or will be filed that might result in a lien against the subject realty.

32)   APPLICATION FOR PAYMENT

      Appropriation for the payment to contractors for work covered under these specifications will
      be provided in the school budget. Payments will be made to the contractors upon
      certification to the Board of Education that all work has been completed in accordance with
      the specifications bid, that all sub-contractors and suppliers have been paid and that there are
      no contract obligations outstanding for labor and materials used on the job bid.

      The Board of Education of the Borough of Paramus, requires that all requisitions for payment
      be received no later than the last day of the month. Payments will be approved on the third
      Monday of the subsequent month.

33)   FINAL ACCEPTANCE

      The retainage as specified in the contract documents shall be withheld until the Owner
      approves the Architect's determination that the work has been satisfactorily completed and no
      unsettled claims exist. The final acceptance shall not be binding or conclusive upon the Owner
      should it subsequently discover that the contractor has supplied inferior material or
      workmanship or has departed from the terms of his contract. Should such a condition appear
      the Owner shall have the right, notwithstanding final acceptance and payment, to cause the
      work to be properly done in accordance with the drawings and specifications at the cost and
      expense of the contractor.

34)   WARRANTY

      In addition to the warranties set forth in the contract documents, the Bidder warrants that:

      a)      All materials and equipment furnished under this contract shall be new unless
              otherwise authorized by the Board. Any applicable manufacturer's warranties shall be
              transferred to the Board.

      b)      Title to all work, materials and equipment will pass to the Owner free and clear of all
              liens, claims, security interests or encumbrances.

      c)      All materials, equipment and work will be furnished in a workmanlike (industry
              standard) manner and be of good quality, free from faults and defects, and will be in
              conformance with the contract documents and all applicable federal and state statutory
              and regulatory requirements. A one (1) year guarantee of the materials, equipment and
              work shall commence from the date the Board approves the final application for
              payment.



                                                18
      d)      If within one (1) year after the approval of the final application for payment any portion
              of the materials, equipment and work is found to be defective or not in accordance with
              the contract documents, the Contractor shall correct the problem at his own cost and
              expense. The payment of the contract sum shall not constitute an acceptance of the
              work not performed in conformance with the contract documents.

35)        PREQUALIFICATION OF BIDDERS

      a)      For all School Facilities Projects, irrespective of project cost, all bidders and those with
              subcontractors for the five (5) major branches of work (general construction, plumbing
              and gas fitting work, heating and ventilating systems and equipment, electrical work
              and structural steel and ornamental iron work), must be prequalified by the SDA and
              classified by the DMPC pursuant to N.J.S.A. 18A:7G-33 et seq. as to trade or work
              classification and aggregate rating limit, on which they may submit bids.. The bidder
              shall submit as to the bidder and each of the subcontractors for the five (5) major
              branches of work and for all specialty trades for which classification is required a
              Prequalification Affidavit together with an Affidavit of No Material Adverse Change
              together with a Certification of Prequalification from the SDA, a Notice of
              Classification and a Total Amount of Uncompleted Contracts (DPMC Form 701) from
              the Division of Property Management and Construction. No person shall be qualified
              to bid on any public work contract with the Board if he has not submitted a statement to
              the SDA, which fully develops the financial ability, adequacy of plant and equipment,
              organization ownership, responsibility, relationships, and prior experience of the
              prospective bidder, and such other pertinent and material facts as may be deemed
              necessary by the SDA.

      b)      All bidders shall furnish satisfactory evidence that they and their subcontractors have
              sufficient means and experience in the type of work to complete the project in
              accordance with the bid specifications. A subcontractor listing and bidder's personnel
              and experience sheet shall be submitted to the Board as part of the bidding documents.
              The Board may make such additional investigations as it deems necessary to determine
              the ability, competence and financial responsibility of the bidders to perform their
              work. The bidder shall furnish the Board with the information and data for this purpose
              upon request. The Board reserves the right to reject any bid if the information fails to
              establish to the Board's satisfaction that the bidder is properly qualified to carry out the
              obligations of the contract and to complete the work contemplated therein.

           c) All bidders shall furnish the Board with a list of at least three (3) municipalities or
              public school districts in the State of New Jersey for which it has completed similar
              work. The list shall include the year the work was performed and the name, address and
              telephone number of the duly authorized representative of the public entity.

           d) Bidders proposing to submit bids for contracts exceeding $20,000.00 are required to be
              pre-qualified by the New Jersey Department of the Treasury, Division of Property

                                                  19
             Management (DPMC) in accordance with N.J.S.A. 18A:18A-26-18A-33 and N.J.S.A.
             52-35-1.

         e) Bidders must submit a Business Registration Certificate issued by the New Jersey
            Department of Treasury, Division of Revenue. Bidders using subcontractors must
            provide a copy of its business registration.

             For the term of the contract, the contractor and each of its affiliates and a
             subcontractor and each of its affiliates [N.J.S.A. 52:32-44(g)(3)] shall collect and
             remit to the Director, New Jersey Division of Taxation, the use tax due pursuant
             to the Sales and Use Tax Act on all sales of tangible personal property delivered
             into this State, regardless of whether the tangible personal property is intended for
             a contract with a contracting agency.

             A business organization that fails to provide a copy of a business registration as
             required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et al.) or subsection
             e. or f. of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false
             business registration information under the requirements of either of those
             sections, shall be liable for a penalty of $25 for each day of violation, not to
             exceed $50,000 for each business registration copy not properly provided under a
             contract with a contracting agency.

36)   MISCELLANEOUS ITEMS

      Miscellaneous items not covered by detailed specifications within the area of the building not
      specifically mentioned and necessary for the proper completion of the work shall be installed
      in accordance with these specifications and in accordance with specifications for similar
      work.

37)   CONTRACTOR DISCLOSURE

      Pursuant to Chapter 33, Laws of 1977 of the State of New Jersey, all corporate and
      partnership bidders for school district contracts must submit a list of the names and addresses
      of all stockholders owning 10% or more of their stock or 10% or more of the stock of their
      corporate stockholders, or in the case of a partnership, the names and addresses of those
      partners owning a 10% or greater interest therein.

      In addition, if one or more of such stockholder or partner is itself a corporation or
      partnership, the stockholders holding 10% or more of that corporation or the individual
      partners owning 10% or greater interest in that partnership, as the case may be, shall also be
      listed. These statements of names and addresses must be submitted prior tot he receipt of the
      bid or must accompany the bid. No award of contract or agreement entered into may be
      made if there is a failure to comply with the provisions of this law.


                                                20
38)   RIGHTS OF THE BOARD OF EDUCATION

      The Board reserves the right to reject any or all bids and/or to accept the bid that in its
      judgement will be for the best interest of the School District. The Board also reserves the
      right to waive any defects or informalities in any bid should it be deemed to the best interest
      of the District to do so.

39)   EQUIVALENTS

      Where in those specifications, one certain kind, type or brand or manufacturer of materials
      are named, it shall be regarded as the required minimum standard of quality. Substitutes,
      lowering the performance, quality, method of assembly or installation, or in general, not in
      keeping with the details and specifications, will not be permitted. It is understood that when
      a bid is submitted the bidder is aware of the requirements and the materials within his bid are
      equal to or better on such items. No time extensions will be permitted to revise or redesign a
      product found not to comply.

40)   SUBSTITUTIONS

      All bidders are required to supply the name of the manufacturer and the trade name for any
      item bid which is not identical with the item specified. If detailed specifications are provided
      by the Board of Education on a particular product, then the bidder must provide the similar
      specification for the product he is substituting. This information (along with the original
      item number if one has been assigned) must be written on the Proposal Form or attached to
      the proposal. Any substituted item must be approved by the Board of Education prior to the
      beginning of the work called for in these specifications. Failure to comply with these
      requirements will not excuse the bidder from supplying the item specified without any
      additional cost to the Owner.

41)   NON-COLLUSION AFFIDAVIT

      All bidders shall be required to complete the NON-COLLUSION AFFIDAVIT in
      compliance with New Jersey Statute, N.J.S.A. 52: 34-15.

42)   LIQUIDATED DAMAGES

      If the contractor fails to complete fully, entirely and in conformity with the provisions of this
      contract, the project and each and every part and appurtenance thereof within the time stated
      in the contract or within such further time as may have been granted in accordance with the
      provisions of this contract, then the contractor shall and hereby agrees to pay the owner for
      each and every working day that he is in default on time to complete the work, the amount
      that is stipulated on the Form of Proposal attached to these specifications which said amount
      per day is agreed upon by the parties hereto to be liquidated damages, not a penalty. The
      owner shall recover said damages by collecting the amount thereof out of any monies due or
                                                 21
      that may become due the contractor, and if said monies be insufficient to cover said damages,
      than the contractor or his surety shall pay the amount due.

      The owner may before making any payment, require the contractor to furnish releases or
      receipts from all persons performing work and supplying material to the contractor, if the
      owner deems the same necessary in order to protect his interest. The owner, however, may
      make payment in full to the contractor without requiring the furnishing of such releases or
      receipts, and any payment so made shall in no way impair the obligations of any sureties on
      any bond or bonds furnished under this contract.

43)   POLICY PROHIBITING HARASSMENT

      The vendor will abide by the provisions of the Board of Education’s Policy #407-B
      prohibiting Harassment including Sexual Harassment. A copy of said policy is attached
      hereto and made a part hereof.

44)   RENEWAL OF CONTRACT

      The Agreement shall provide for an extension of service from the bidder for an additional
      (two) one year terms or (one) two year term as provided in N.J.S.A. 18A:18A-42.

45)   BUSINESS REGISTRATION

      NJ Public Law 2004, c. 57, requires all businesses to provided proof of registration with the
      NJ Department of Treasury to conduct business with any school districts.
      (http://www.state.nj.us/njbgs/)

46)   PAY TO PLAY DISCLOSURE

      a) The contractor is advised of the responsibility to file an annual disclosure statement on
         political contributions with the New Jersey Election Law Enforcement Commission
         (ELEC) pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005, c.271, s.3) if the contractor receives
         contracts in excess of $50,000 from public entities in a calendar year. It is the contractor’s
         responsibility to determine if filing is necessary. Additional information on this
         requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

      b) In addition, pursuant to N.J.A.C. 6A:23A-6.3, no business entity which has made a
         reportable contribution (as defined in N.J.S.A. 19:44A-1 et seq.) to a member of the Board
         of Education during the preceding one (1) year shall be awarded a contract in excess of
         $17,500.

      c) Any business entity doing business with the School District is precluded from making any
         reportable contributions to any member of the Board of Education during the term of the
         Contract.
                                                 22
d) When a business entity is a natural person, a contribution by that person’s spouse or child
   that resides therewith shall be deemed to be a contribution by the business entity. Where a
   business entity is other than a natural person, a contribution by the person or other business
   entity having an interest therein shall be deemed to be a contribution by the business entity.

e) A political contribution disclosure (hereinafter referred to as “PCD”) form is required to be
   submitted for all contracts greater than $17,500. No contract award shall be made unless
   the completed PCD is submitted to the Board office prior to the award. Failure to submit
   the PCD shall result in the rejection of the bid. A Sample Form is included as part of the
   bidding documents and must be completed by the bidder.




                                           23
                                  DISCLOSURE STATEMENT
                                     (To Accompany Bid)

All corporate or partnership bidders shall complete this form which is in accordance with P.L. 1977,
Ch. 33 (N.J.S.A. 52:25-24.2)

List of shareholders or partners with 10% or more of the stock or interest in said corporation or
partnership (all corporate partners or shareholders owning 10% or more of the stock must disclose
their shareholders as above provided).

Shareholder or Partner                         % Interest                      Address




(      ) No partnership or partner of the corporation or partnership holds 10% or more ownership.

(      ) Bidder is not a corporation or partnership.


I hereby certify that the information given above is true and correct as of ________________.
                                                                              Date of Bid


                                               _____________________________________
                                               Signature & Title of Authorized Representative

If there are any questions concerning this form or its completion, refer to Statute (P.L. 1977, Ch. 33)
N.J.S.A. 52:25-24.2.




                                                  24
                         FORM OF NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY, COUNTY OF

I,                                     , of the
                                                              (City, Town, Borough)
of                                     , in the County of

State of                               , of full age, being duly sworn according to the law of my oath

depose and say that:

I am                                    of the firm of
the bidder making the Proposal for the above-named projects, and that I executed the said Proposal
with full authority to do so; that said bidder has not, directly or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above-named project; and that all statements contained in
said Proposal and in this affidavit are true and correct, and made with full knowledge that the State
of New Jersey relies upon the truth of the statements contained in said Proposal and in the statements
contained in this affidavit in awarding the contract for said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, except bona fide employees or bona fide established commercial or selling agencies
maintained by ________________________________________.
                               (Name of Contractor)


(N.J.S.A. 52:32-15)
                                       (Also type or print name of affiant under signature)

Subscribed and sworn before me this
______ day of ______, 20____.


____________________________
(Seal) Notary Public of New Jersey

My Commission expires ______________________, 20____.


     THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH BID



                                                  25
                     MATERIAL CHANGE IN QUALIFICATION AFFIDAVIT

BID FOR THE FOLLOWING PROJECT(S):

STATE OF NEW JERSEY, COUNTY OF                                       , I,

of the                       , in the County of                      , State of                     ,
         (City, Town, Borough)

I am,                                    of the firm of                                         , the
bidder making the Proposal for the above-named projects, and that I executed the said Proposal with
full authority to do so; and that the said contractor agrees to comply with the requirements of New
Jersey Statute Title 18A: 18A-32 by certifying:

Check (X) in the appropriate box

(        )      That there has been no subsequent material adverse change in the information
                originally submitted to the State of New Jersey, Department of Treasury, regarding
                our firm pre-qualification of bidders classification, copy of which is included with
                our bid (18A:18A-28)

(        )      That there has been subsequent material adverse change in the information originally
                submitted to the State of New Jersey, Department of Treasury, regarding our firm
                pre-qualification of bidder’s classification, copy of which is included with our bid
                (List Change(s):



                                              (Also type or print name of affiant under signature

Subscribed and sworn before me this
______ day of ______, 20____.


____________________________
(Seal) Notary Public of New Jersey

My Commission expires ______________________, 20____.



    THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH BID
          AND SHALL BE CONSIDERED A PART OF THE CONTRACT


                                                 26
                               PREVAILING WAGE AFFIDAVIT



BID FOR THE FOLLOWING PROJECT(S):


STATE OF NEW JERSEY, COUNTY OF                                          , I,

of the                       , in the County of                         , State of                     ,
         (City, Town, Borough)


of full age, being duly sworn according to law on my oath depose and say that:


I am                                      of the firm of                                              ,
bidder making the Proposal for the above-named projects, and that I executed the said Proposal with
full authority to do so; and that said contractor agrees to comply with the requirements of P.L. 1963,
C. 150, as amended through July 3, 1974 and P.L. 1979 C. 303, effective January 17, 1980 including
the payment of no less than the prevailing wages as determined by Commissioner of Labor and
Industry, and in effect on the date of award of this contract for each trade required for this project,
and that the prevailing wage for each trade required for this project is as listed:

I further warrant that in the event that the prevailing wage as listed above shall change as of the date
of the award of this contract, I shall if awarded the contract issue a revised affidavit and forward the
same to the Board of Education.

(N.J.S.A.34:11-56.25 et seq and N.J.S.A.34:1B-5.1)

P.L. 1999, Chapter 238, approved October 14, 1999 “The Public Works Contractor Registration
Act”, P.L. 1963, c.150 (C.34:11-56.25 et. seq.)


                                                (Also print or type name of affiant under signature)

Subscribed and sworn before me this
______ day of ______, 20____.


____________________________
(Seal) Notary Public of New Jersey

My Commission expires ______________________, 20____.

                                                  27
                        AFFIRMATIVE ACTION QUESTIONNAIRE
                                 (To Accompany Bid)


Our company has a Federal Affirmative Action Plan Approval.


YES _________________          NO __________________


Our company has a New Jersey State Certificate of Approval.


YES _________________          NO __________________

If yes, a copy of the New Jersey State Certificate shall be submitted to the Board of Education within
seven (7) working days of the Notice of Intent to award the Contract or signing of the contract.


If you answered NO to both questions above, an Affirmative Action Employee Information Report
(AA302) will be mailed to you. Complete the form and forward it to the NJ Department of Treasury,
Division of Contract Compliance & Equal Employment Opportunity, Box 209, Trenton, New Jersey
 08625-0209. A copy shall be submitted to the Board of Education within (7) days of the Notice of
Intent to award the contract or the signing of the contract.

I certify that the above information is correct to the best of my knowledge.



NAME __________________________________________


SIGNATURE:_____________________________________


TITLE: __________________________________________


DATE:___________________________________________




                                                 28
                              CONTRACTOR ASBESTOS NOTIFICATION FORM

You are hereby notified that this Paramus Public School building contains asbestos related materials.

You are further notified that in accordance with the Asbestos Hazard Emergency Response Act, there
is an Asbestos Inspection Report and Management Plan for this building which identifies the
location of the materials containing asbestos within this building. Copies of the Asbestos Inspection
Report and Management Plan are in the Office the school Principal and Board of Education Office
and are available for public review.


                       GARY S. LANE
                       Assistant Superintendent/School Business Administrator/
                       Secretary to the Board of Education

............................................................................................................................................................

I hereby acknowledge that I have read the above statement and will advise all other employees in my
firm who will be working on the site of the above statement.


                                                           School:

                                                           Date:

                                                           Contractor’s Name:
                                                                                                           (Please Print)

                                                           Name:

                                                           Address:




                                                                                               (Signature)




                                                                           29
                                       PREQUALIFICATION AFFIDAVIT

TO THE BIDDER:                         This AFFIDAVIT must be submitted with your bid for public school work and for
                                       each Subcontractor in the following areas:

                                       (a)      plumbing and gas fitting and all work and material kindred thereto;

                                       (b)      steam and hot water heating and ventilating apparatus, steam power plants
                                                and all work and materials kindred thereto;

                                       (c)      electrical work; and

                                       (d)      structural steel and miscellaneous iron work and materials.

STATE OF       _______          )
                                                : ss:
COUNTY OF          ______        )

TO:

                   being duly sworn, according to law, deposes and says that he is                                           of
and that the answers to the following statements are true and correct and that there has been no material adverse change in the
qualification information subsequent to the latest statement submitted as required under Chapter 105, Laws of 1962 (N.J.S.A.
18A:18A:27 et seq.) as amended, except as set forth herewith:


                     is classified by the State of New Jersey under Chapter 105, Laws of 1962, as amended. This
classification became effective               , and will expire           .

Type of Contract/Trade Classified:



Approved Amount $______________________________

A copy of my valid and active prequalification/classification certificate from the Department of Treasury, Division of
Property Management and Construction is attached.

The total amount of uncompleted work on contracts is $___________.

I hereby certify, under penalty as provided by law, that there is not now pending any litigation or other action that may
jeopardize my rating, status or contract limits from their current levels.


Sworn to before me this ______
day of _______________, 20___.                                                                   Signature

______________________________
Notary Public of _____________
My Commission expires __/__/__.




                                                             30
 AFFIDAVIT REGARDING LIST OF DEBARRED, SUSPENDED OR DISQUALIFIED
                             BIDDERS
THIS FORM MUST BE COMPLETED, SIGNED, NOTARIZED AND SUBMITTED WITH BID

STATE OF NEW JERSEY                }
                                   } SS.
COUNTY OF ______________           }


I, (full name) _____________________________________________________, of (city, town, or borough) of

___________________________, in the County of ________________________________, and State of

________________________________, of full age, being duly sworn according to law on my oath depose and say that:


                 I am (official title) _______________________________________________ of
                 the                             firm/business                             named
                 ____________________________________________________, and a Bidder
                 making the Proposal for the above named project, and that I executed the said
                 Proposal with full authority to do so; that said Bidder is not at the time of the
                 making of this bid included on the New Jersey State Treasurer’s, the Schools
                 Construction Corporation’s or the Federal Government’s List of Debarred,
                 Suspended or Disqualified Bidders as a result of action taken by any State or
                 Federal Agency.



                                                                          Subscribed and sworn before me on this
_________________________________________________                         _________ day of _____________ in the
(Signature of Authorized Representative)
                                                                          year 200___.

_________________________________________________
(Name and Title of Authorized Representative)                             __________________
                                                                          Notary Public of NJ


                                                                          My Commission expires _____________,
                                                                          200__.


                                                                          NOTARY SEAL:




                                                       31
                      POLITICAL CONTRIBUTION DISCLOSURE AFFIDAVIT

STATE OF                                   )
                                                   ss:
COUNTY OF                              )

           I,                                     , residing in the                  of                       in the County of

                    and State of                           , of full age, being duly sworn according to law on my oath depose

and say:

           I am                                of the firm of ______________       _______________, the bidder making the

proposal for the above named project. I am aware that:

           A.       Pursuant to N.J.A.C. 6A:23A-6.3, no business entity which has made a reportable contribution (as defined

in N.J.S.A. 19:44A-1 et seq.) to a member of the Board of Education during the preceding one (1) year shall be awarded a

contract in excess of $17,500.

           B.       Any business entity doing business with the School District is precluded from making any reportable

contributions to any member of the Board of Education during the term of the Contract.

           C.       When a business entity is a natural person, a contribution by that person’s spouse or child that resides

therewith shall be deemed to be a contribution by the business entity. Where a business entity is other than a natural person,

a contribution by the person or other business entity having an interest therein shall be deemed to be a contribution by the

business entity.

           D.       A political contribution disclosure (hereinafter referred to as “PCD”) form is required to be submitted for

all contracts greater than $17,500. No contract award shall be made unless the completed PCD is submitted to the Board

office prior to the award. Failure to submit the PCD shall result in the rejection of the bid. A Sample Form is included as part

of the bidding documents and must be completed by the bidder.

           I aver that no reportable contributions have been made by the Bidder in violation of the provisions set forth in

N.J.A.C. 6A:23A-6.3. If the Bidder is the lowest responsible bidder, a completed PCD form shall be submitted to the Board

office ten (10) days prior to the contract award.



Subscribed and sworn to before
me this    day of         , 20 .

___________________________________
Notary Public of __________________
My Commission expires ___/___/20___.


                                                                32
                             C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
                                           Contractor Instructions

Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-
20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:

                  any State, county, or municipal committee of a political party

                  any legislative leadership committee*
                  any continuing political committee (a.k.a., political action committee)
                  any candidate committee of a candidate for, or holder of, an elective office:
                   o        of the public entity awarding the contract

                   o        of that county in which that public entity is located

                   o        of another public entity within that county

                   o        or of a legislative district in which that public entity is located or, when the public entity is a
                            county, of any legislative district which includes all or part of the county

The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were
made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on
reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a
natural person. This includes the following:

                  individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
                   business entity or 10% of the stock in the case of a business entity that is a corporation for profit
                  all principals, partners, officers, or directors of the business entity or their spouses
                  any subsidiaries directly or indirectly controlled by the business entity
                  IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
                   business entity and filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be
deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the
disclosure.

Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an
amount to be determined by the Commission which may be based upon the amount that the business entity failed to
report.

The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official
and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to
identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed
information may exceed the minimum requirement.

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a
signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public
Records Act.

The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law.


                                                             33
 N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for
the purpose of receiving contributions and making expenditures.”




                                                          34
                          C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
                                   Required Pursuant To N.J.S.A. 19:44A-20.26

                         This form or its permitted facsimile must be submitted to the local unit
                                no later than 10 days prior to the award of the contract.

                                              Part I – Vendor Information
 Vendor Name:
 Address:
 City:                                      State:                Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.


 _________________________           _______________________            __________________________
 Signature                                   Printed Name                      Title
                                          Part II – Contribution Disclosure

 Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
 contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the
 government entities listed on the form provided by the local unit.


  Check here if disclosure is provided in electronic form.

              Contributor Name                                 Recipient Name                     Date            Dollar
                                                                                                                 Amount
                                                                                                             $




  Check here if the information is continued on subsequent page(s)




                                                          35
                                            Continuation Page
                       C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
                                Required Pursuant To N.J.S.A. 19:44A-20.26

Page ___ of ______

Vendor Name:

            Contributor Name                               Recipient Name    Date        Dollar
                                                                                        Amount
                                                                                    $




 Check here if the information is continued on subsequent page(s)



                                                      36
                               FORM OF PROPOSAL CONTRACT

The undersigned, in accordance with your advertisement and invitation for bids, and the Information
for Bidders relating hereto, hereby proposes to furnish all labor and materials, services and
equipment necessary familiar with local conditions affecting cost of the work, and with the contract
documents including the General Conditions and Specifications, therefore entitled:

PROJECT: WEST BROOK SCHOOL AUTISTIC LIFE SKILLS CLASSROOM
RENOVATION

BASE BID

Base Bid Contract No.      1             ($                                                  )
                                                                   (figure)
(                                                                                                        )
 (To be written in full)

NOTE: If amount written differs from the numerical figures, only the written amount will be accepted as the
correct bid.


ALTERNATE BIDS INCLUDE THE FOLLOWING:

The undersigned submits the following Alternate Bid that shall become part of the Contract Documents
if accepted by the Owner.

The failure to bid an alternate by leaving the amount blank or stating "no bid" shall be
considered a material defect, resulting in the rejection of the bid. If an alternate item will result
in no change in the base bid, bidder shall clearly so indicate by stating either "zero" or "no
change".

Alternate No. 1: Installation of Roof Guardrail.

Alternate No.1                                           ADD ($                                      )
                                                                              (figure)
(                                                                                                        )
 (To be written in full)


ALLOWANCES

The following Allowances shall be included in the Base Bid Contract.

GC-1     General Repair Contingency Allowance                    $5,000.00

                                                    37
UNIT PRICES:

Should the occasion arise that the extent of certain Work required by the Contract Documents is
increased or decreased, the Contract Sum shall be adjusted accordingly on the basis of the Unit
Prices described below.

These Unit Prices shall include all materials, labor, transportation, tools, equipment, services and
installations necessary to complete the work described. Overhead, insurance and profit shall also be
included.

Refer to Section 01270 “Unit Prices” for additional information.

NOT APPLICABLE



ADDENDUM RECEIPT

Addendum No.           1       Date:____________________

Addendum No.           2       Date:____________________


SUBCONTRACTORS

Identify each major subcontractor for each of the major trades indicated below. By indicating the
subcontractors below, the Bidder certifies that if awarded the bid, the Subcontractors listed below will
be awarded subcontracts provided they are approved by the Architect. All prequalification
documentation required for the Prime Contractor shall also be submitted for each Subcontractor for
each of the major trades and specialty trade(s).

All Subcontractors must be registered by the State of New Jersey pursuant to the Public Works
Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq. to work on school construction projects. The
bid shall include the Public Works Contractor Registration Act Certificate and a Business Registration
Certificate pursuant to P.L. 2004 c. 57.

MAJOR SUBCONTRACTORS:

Electrical Subcontractor:
Signature: ________________________________Date:

Plumbing Subcontractor:
Signature: ________________________________Date:


                                                  38
HVAC Subcontractor:
Signature: ________________________________Date:


All major subcontractors to be on this project shall be listed regardless of their contract sum. All
associated prequalification from affidavits and paperwork must also be provided. If no work is being
performed under the subcontract trade please list NA (not applicable).

This Contract, including subcontracts, are or may be funded in part with funds from the New Jersey
Schools Development Authority (hereinafter referred to as “SDA”). Neither the State, the SDA, nor any
of its departments, agencies, board members or employees is, or will be, a party to this Contract,
including Subcontracts, or any lower tier contract or subcontract. This Contract, including
Subcontracts, are subject to the requirements contained in N.J.A.C. 19:32-1 et seq. In accordance with
the provisions of N.J.S.A. 18A:7G-15, the Contractor, including Subcontractors, agrees to comply with
all the provisions of N.J.A.C. 19:32-1 et seq.

All Contracts between Owner and Contractor shall be assignable to the SDA, by Owner without notice.

Contractor agrees to permit the SDA and the Unit of Fiscal Integrity and their agents to investigate,
audit, examine and inspect all books, records and documents relating to the Project and the Contracts
between the Owner and Contractor in such manner at such time as the SDA, and the Unit of Fiscal
Integrity deem necessary. All books, records and documents relating to the Project and the Contracts
between the Contractor and Owner shall be maintained by the Contractor for ten (10) years after final
completion of all projects as set forth herein.

Liquidated Damages

Since the actual damages suffered by the Owner are incapable of precise calculation, the Contractor
agrees that the following amount is a fair and reasonable method of measuring the damages suffered by
the Owner for each calendar day the project is delayed.

In the event the project is not completed and the building ready for reoccupancy on the completion
dates established in the contract documents, the Contractor shall pay the Owner as follows:


   The Contractor shall complete all work by Substantial Completion Dates shown in
   Specification Section 01100 and achieve a Certificate of Substantial Completion for each
   portion of the work in this Contract. Liquidated Damages are $200.00 per calendar day.


In submitting this bid, it is understood that the right is reserved by the Board of Education of the
Borough of Paramus to reject any or all bids/or to accept the bid that in its judgment will be for the
best interest of the School District. The Board also reserves the right to waive any defects of
informalities in any bid should it be deemed to be in the best interest of the District to do so.

                                                 39
No exceptions will be made in the case of persons who have failed to read completely the
instructions relating hereto.

The undersigned is an Individual ( ), a Partnership ( ), a Corporation ( ) under the laws of the State of
                       , County of                                               and having principal
offices at                                               .

                                        Firm Name

                                        By
                                                                (Signature)

Subscribed and sworn before me this
______ day of ______, 20____.


____________________________
(Seal) Notary Public of New Jersey

My Commission expires ______________________, 20____.



                                                Title

                                                Address


                                                Telephone No.

                                                Date




                                                   40
                                       BIDDER'S CHECKLIST

The Forms, as noted below, are part of the Bid package and must be properly completed and submitted with Bid
Proposal. Failure to provide any item(s) noted below may cause disqualification of Bid Proposal in accordance
with the law.

        ii)     Bid Form
        iii)    Certified Check or Form of Bid Bond
        iv)     Consent of Surety together with Surety Disclosure and Form of Conditions and Bond
        4.      Pre-Qualification Affidavit together with required attachments as to the bidder and the
                subcontractors in the five (5) major branches of work:
                (1)      NOTICE OF CLASSIFICATION from DPMC, as issued by the State of New Jersey,
                         Department of Treasury, Division of Property Management and Construction (DPMC).
                (2)      Total Amount of Uncompleted Contracts, DBC Form 701.
                (3)      The New Jersey Schools Development Authority, Certificate of Prequalification,
                         required for school facilities projects issued by the State of New Jersey Schools
                         Development Authority (SDA)
                (4)      Certificate of Authority to perform work in New Jersey. New Jersey Sales and Use Tax
                (5)      Contractor or Trade License required under applicable New Jersey Law for any trade or
                         specialty area in which the firm seeks to perform work.
                f. Certificate by the Department of Labor indicating compliance with "The Public Works
                    Contractor Registration Act" N.J.S.A. 34:11-56.48.
                g. Business Registration Certificate to perform work in New Jersey, pursuant to P.L. 2004 c.57

        5.      Non-Collusion Affidavit
        6.      Ownership and Stockholder or Partnership Disclosure Statement
        7.      Affidavit of Non Debarment/Disqualification/Suspension
        8.      Affirmative Action Questionnaire
        9.      Affidavit of No Material Adverse Change in Status
        11.     Asbestos Notification Form
        12.     Prevailing Wage Affidavit
        13.     Political Contribution Disclosure Affidavit




                                                     41

								
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