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									       Nyack Union Free
         School District
   Rockland County, New York




  REQUEST FOR SEALED BIDS
            FOR
       PROFESSIONAL
CUSTODIAL/CLEANING SERVICES
     2010-2011 School Year

              February 12, 2010

      Nyack Union Free School District
    Assistant Superintendent for Business
               Business Office
           13A Dickinson Avenue
           Nyack, New York, 10960
     (845) 353-7033 * FAX (845) 353-0508
                  NYACK UNION FREE SCHOOL DISTRICT
                       13A DICKINSON AVENUE
                        NYACK, NEW YORK 10960


                                 NOTICE TO BIDDERS

The Nyack Union Free School District, Nyack, New York, in accordance with Section 103
of Article 5-A of the General Municipal Law, hereby invites the submission of sealed
bids on the following:

                PROFESSIONAL CUSTODIAL/CLEANING SERVICES

                                  BID OPENING
                                 February 12, 2010
                                    10:00 A.M.
                             ADMINISTRATIVE OFFICES


The Nyack Union Free School District is soliciting sealed bids from reputable and
qualified firms to provide professional custodial/cleaning services to begin on July 1,
2010.

Bidders may obtain         the   Bid   Documents      by   visiting   our   website    at
www.nyackschools.com.

It is recommended that potential Bidders attend a tour of the facilities/grounds
scheduled for 9:00 a.m. on Monday, February 8, 2010. Any questions must be emailed to
Valerie Clegg at vclegg@nyackschools.com. Any questions arising will be emailed to all
interested in submitting a proposal.

Each bid must be accompanied by a certified check payable to Nyack Union Free School
District or by a bid bond for a sum equal to five percent (5%) of the bid, conditioned as
set forth in the Instructions to Bidders.




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           Bids must be presented in a sealed envelope, addressed as follows:

                           Nyack Union Free School District
           Attn: Ms. Carleen Millsaps, Assistant Superintendent for Business
                                13A Dickinson Avenue
                                Nyack, New York 10960
                                        Bid For:
                          “Nyack Union Free School District-
                  Professional Custodial/Cleaning Services Contract”

Bids will be received until 10:00 a.m. on February 12, 2010 at the School District Business
Office, 13A Dickinson Avenue, Nyack, New York, at which time and place all bids will
be publicly opened. Bidders are solely responsible for the arrival of each bid at the place
of the bid opening by the appointed time, regardless of the means of delivery.

Bids shall remain firm for a period of forty-five (45) days following the date of the bid
opening.

The Nyack Union Free School District reserves the right to waive any informality in or
to reject any or all bids, or to accept that bid which, in the District’s judgment, is in the
best interest of the School District.

The Nyack Union Free School District reserves the right to consider experience, service
and reputation in the above-referenced fields. In addition, The District reserves the right
to consider the financial responsibility and specific qualifications, as set out herein, of
the prospective bidder in its evaluation of the bids and award of the contracts.



                               END OF ADVERTISEMENT




                                                                                           3
                                        INSTRUCTIONS TO BIDDERS

1.   Carefully inspect all general and special provisions of the bid documents.

2.   Complete all forms. Be sure to sign in all required places.

3.   All materials submitted to the School District pursuant to this bid shall become the property of the
     School District and will not be returned to the bidder. The bidder is responsible for making its own
     copies of any or all parts of this document for its files.

4.   Proposals must be presented in a sealed envelope addressed as follows:

                                    Nyack Union Free School District
                                       Attn: Ms. Carleen Millsaps
                                   Assistant Superintendent /Business
                                         13A Dickinson Avenue
                                         Nyack, New York 10960

                                                Bid For:
                                  “Nyack Union Free School District –
                               Professional Custodial/Cleaning Services”


5.   The District is accepting bids for Professional Custodial/Cleaning Services during the 2009-2010 school
     year.

6.   Bids shall remain open for a period of forty-five (45) days following the date of the bid opening.

7.   Bids will be received until February 12, 2010 at 10:00 a.m. at the Nyack Union Free School District, Nyack,
     New York. All bids will be publicly opened at the above-stated times at the School District’s Business
     Office located at 13A Dickinson Avenue, Nyack, New York 10960.

8.   In order to prepare the bid carefully, each bidder will be responsible for examining the grounds and
     facilities described in this proposal in order to better understand the scope of the work. It is suggested
     that potential Bidders attend a tour of the facilities/grounds scheduled to begin at the Administration
     Building at 9:00 a.m. on Monday, February 8, 2010. Upon presentation of a bid, each Bidder is certifying
     that he has examined all of the areas to be serviced in the District and will make no claim for ERRORS OR
     OMISSIONS in evaluating the total area to be serviced.

9.   The awarded contractor must comply with all New York State Labor Laws, including compliance with
     the current prevailing wage rates, where applicable. All invoices must be accompanied by certified
     payrolls in order for payments to be processed.

10. The School District reserves the right to renew this agreement for four (4) additional one year periods as
    follows:
    a) Said renewal will be based on a negotiated price not to exceed the National CPI (December-CPI
    released in January).
    b) Said renewal will be contingent upon the approval of the School District’s budget for renewal period.




                                                                                                              4
                              BIDDING PROCEDURES AND REQUIREMENTS


1.   The date and time of bid opening will be February 12, 2010 at 10:00 a.m.

2.   All bids must be submitted on and in accordance with forms provided by the Board and included in this
     document. The proposal sheets are not to be removed from the document.

3.   Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures,
     and in case of discrepancy between the two, the written amount will govern.

4.   A Bidder shall not make any stipulations on the Bid Form or qualify its Bid in any manner. No Bid will
     be considered which purports to qualify, limit, amend or omit any requirement of the Bidding
     Documents.

5.   A Bid shall include the legal name of Bidder and a statement whether the Bidder is a sole proprietor, a
     partnership, a corporation, or any other legal entity, and shall be signed by the person or persons legally
     authorized to bind the Bidder to a Contract. All required signatures shall be handwritten in ink with the
     full name of the person executing same. Initials, stamps, photocopies or other copies, or company names
     may not be used in lieu of any required signature. A Bid by a corporation shall also give the State of
     Incorporation and have the corporate seal affixed on the signature pages of each Form of Proposal. A Bid
     submitted by an agent shall have a current Power of Attorney attached certifying the agent’s authority to
     bind the Bidder.

6.   Each bid must be accompanied by the certified check payable to Nyack Union Free School District or by a
     Bid Bond for a sum equal to five percent (5%) of the base bid.

7.   In the completed Bid package, bidders must provide evidence demonstrating an ability to provide the
     requested services, including a list of sites, grounds, and any and all school districts of a similar size that
     they have served during the past three (3) years. At the request of the School District, bidders must also
     provide the last three (3) years of audited financial statements.

8.   All information required in the Notice to Bidders, Specifications and Bid Offer, in connection with each
     item against which a bid is submitted, must be provided to constitute a regular bid.

9.   No alteration, erasure, or addition is to be made to the typewritten or printed matter. Any deviations
     from the conditions and specifications will constitute sufficient grounds for rejection of bid.

10. Prices and information required, except signature of bidder, should be typewritten for legibility. Illegible
    or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten
    signatures are not acceptable.

11. No charge will be allowed for federal, state, or municipal sales and excise taxes since the School District is
    exempt from such tax. Exemption certificates, if required, will be furnished on forms provided by the
    bidder.

12. All bids received after the time stated in the Notice to Bidders will not be considered and will be returned
    to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by
    employees of the School District. Whether sent by mail or by means of personal delivery, the bidder
    assumes responsibility for having his/her bid deposited on time at the place specified. HOWEVER, THE
    BOARD OF EDUCATION RESERVES THE RIGHT TO WAIVE WHAT IT DEEMS TO BE BIDDING

                                                                                                                       5
    OR SPECIFICATION INFORMALITIES RELATING TO A SPECIFIC BID, TO REJECT ANY AND
    ALL BIDS, TO RE-ADVERTISE AND INVITE NEW BIDS, OR TO ACCEPT THE WHOLE OR A
    PART OF A BID, OR TO ACCEPT PARTS OF BIDS FROM MORE THAN ONE BIDDER AS IN THE
    BOARD’S JUDGMENT, IS IN THE BEST INTEREST OF THE SCHOOL DISTRICT.

13. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and
    character of the services, supplies, materials, or equipment required and a representation that the bidder
    can furnish the services, supplies, materials or equipment satisfactorily in complete compliance with
    specifications.

14. All bids must be sealed. All bids must be addressed to the Nyack Union Free School District. Bid
    envelopes must be clearly marked “Bid For: Professional Custodial/Cleaning Services”. Also, the date
    and time of the bid opening as indicated on the Notice to Bidders must appear on the envelope.
    Telephone quotations or amendments will not be accepted at any time. All materials submitted with the
    Bids will become the property of the School District and will not be returned.

15. Bid must include a completed W-9 form (see attached).

16. Bidder must provide an outline of their training program (how to train custodians/cleaners) with bid
    proposal. The District may request a demonstration of training program.

17. Non-compliance of any of the above requirements will constitute sufficient grounds for rejection of bid.




                                                                                                               6
                           PROFESSIONAL CUSTODIAL/CLEANING SERVICES

This contract will be awarded for the period July 1, 2010 through June 30, 2011.

Each bid will be received with the understanding that its acceptance, in writing, by the School District,
approved by the Board of Education, to furnish any or all of the items described shall constitute a Contract
between the successful bidder and the School District.

The placing in the mail of a notice of award to a successful bidder, to the address given in the bid, will be
considered sufficient notice of acceptance of Contract.

It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or
otherwise dispose of the Contract or its right, title, or interest herein, or its power to execute such Contract, or
any part thereof to any person, company or corporation, without the previous written consent of the School
District.

The General Conditions, Specifications, Notice to Bidder, and Addenda shall form a part of this Contract and
the provisions thereof shall be binding upon the parties hereto. The term “Contract Documents” shall
include all of the aforesaid together with the Contract itself.

Each and every provision of law and clause required by law to be inserted herein and the Contract shall be
deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein,
and if through a mistake or otherwise, any such provision is not inserted or is not correctly inserted, then
upon the application of either party, the Contract shall forthwith be physically amended to make such
insertion.

It is understood that the Contract in no way excludes the School District from using its own forces, or services
provided by other school districts or BOCES, or in any way limits the School District from using other
contractors in performing similar or other services.



                                       QUALIFICATIONS OF BIDDERS

The work and services described in these bid documents include the performance of activities directly
affecting the health and safety of the students and staff of the School District and the public generally. The
School District may make any investigation necessary to determine the ability of the Bidder to fulfill the
Contract(s), and the Bidder shall furnish the School District with all such information for this purpose as the
School District may request. If, in the opinion of the School District, the Bidder is not properly qualified or
responsible to perform any obligations of the Contract bid upon, the School District reserves the right to reject
its bid.

The following minimum requirements must be met to qualify for bidding:

        a) Bidder must possess and demonstrate facilities, knowledge, equipment and capabilities to satisfy
           all requirements of this contract.

        b) Bidders shall be able to demonstrate at least three (3) years of continuous professional
           custodial/cleaning services work. References shall be provided as set forth herein. The School
           District reserves the right to request additional documentation or information from the bidders as
           a means of determining qualifications and/or responsibility.




                                                                                                                  7
c)   Each bidder must demonstrate that it is a responsible professional custodial/cleaning
     organization possessing adequate financial resources to accomplish the various services as
     described herein and that it has a satisfactory record of performance and integrity.

d) Bidder must include a reference list, setting out the names of all school districts or other
   municipalities served by it with comparable services, and shall further set out the name and
   telephone number of each business official or other school district liaison/ individual with
   respect to this item.

e) Bidder must submit a list of names and addresses of any person or entity owning 10% or more of
   the company. Should any person or entity listed have ownership of another company, such
   information shall be disclosed. If bidder is a publicly traded corporation, the latest annual report
   listing all officers shall be provided.

f)   Bidder must be financially responsible, as demonstrated by:

     1.   A lack of pending lawsuits or substantive outstanding judgments or liens, including Federal
          or State tax liens.

     2.   No denials of performance bonds within the last seven years.

     3.   A satisfactory credit history as evidenced by a review that may be made by the School
          District.

     4.   Work performance in the professional cleaning service business for other school
          districts/municipalities.

     5.   Such other information as the Board of Education, in its sole discretion, determines is
          relevant to the responsibility of the bidder.

g) Upon investigation of any references and information submitted by the bidder, the Board of
   Education reserves the right to reject any bid where it is found that the bidder’s qualifications are
   not consistent with the information presented.

h) The successful bidder is expected to be knowledgeable of the facilities of the Nyack School
   District.

i)   The successful bidder must be an equal opportunity employer.

j)   During the school year (not including winter and spring breaks) an evening supervisor must be
     assigned to the District on a full time basis from 1:30 to 10:00 p.m. (8-hour day exclusive of
     lunch). During the summer when school is closed, the supervisor must be available whenever the
     cleaners are in the buildings (see pages 20-21 for summer cleaning schedule).

k) The successful bidder must submit a certified payroll with each monthly invoice.




                                                                                                      8
                              INTERPRETATION OF BIDDING DOCUMENTS

No interpretation of the meaning of the specifications or other Contract document will be made to any bidder
orally. Every request for such interpretation should be made in writing via email to Carleen Millsaps,
Assistant Superintendent for Business, at cmillsaps@nyackschools.com or Valerie Clegg at
vclegg@nyackschools.com. Any questions arising will be emailed to all interested in submitting a proposal.

                                             CONTRACT AWARD

All bid security, except those of the three lowest bidders, will be returned within 10 business days after bids
are submitted. The bid security provided by the three lowest bidders will be returned after the execution of
the Contract.

The School District will endeavor to make an award within forty-five (45) days of the date of the bid opening
and all bids shall remain firm during that time frame. The School District further reserves the right to make
award following this period to any bidder who has not provided written notice to the School District that its
bid has been withdrawn.

The School District reserves the right to reject all bids; to reject any bid in whole or in part; to waive technical
defects, qualifications, irregularities, and omissions if in its judgment the best interests of the School District
will be served.

If two or more Bidders submit identical bids as to price, the decision of the Board to award a Contract to one
such Bidder shall be final.

Award will be made to the lowest responsible bidder, as will best promote the public interest, taking into
consideration the reliability of the Bidder, their conformity with the specifications, the purposes for which
required, and such other factors as the School District may deem relevant.

                                 SECURITY OF FAITHFUL PERFORMANCE

An executed bond of a corporate surety licensed in the State of New York in the amount of twenty-percent
(20%) of the accepted bid for the faithful performance of the terms, covenants, and faithful performance of the
contract will be required by the Board of Education at the time the contract is executed. Performance bond
must have a rating of A or A+, or funds held in escrow and must include the Federal Tax ID Number.

                  LIQUIDATED DAMAGE FOR FAILURE TO ENTER INTO CONTRACT

The successful Bidder upon failure or refusal to execute and deliver the contract, bond, insurance certificates
and statements required within eight (8) days after notice of the acceptance of the bid, will forfeit to the
owner, as liquidated damages for such failure or refusal, the security posted with the bid.

                                      ASSIGNABILITY OF CONTRACT

The contractor is prohibited from assigning, transferring, conveying, sub-letting or disposing of this contract
or of any part thereof, or any payment to become due thereunder, or of his right, title or interest therein, or
his power to execute such contract to any other person or corporation without previous consent in writing of
the Board awarding the contract. In any instance where the contractor fails to comply with this clause, this
contract may be immediately declared by the District to be breached.




                                                                                                                  9
                            PROFESSIONAL CUSTODIAL.CLEANING SERVICES
                                    CONTRACTUAL STIPULATIONS

1.   The Contract will cover the period from July 1, 2010 through June 30, 2011. The School District reserves
     the right to renew this agreement for four (4) additional one year periods from July 1st through June 30th
     as follows:

     a) Said renewal will be based on a negotiated price not to exceed the National CPI (December-CPI
        released in January).
     b) Said renewal will be contingent upon the approval of the School District’s budget for renewal period
        and Board of Education.

2.   Bid must be based on custodial, cleaning and related services at nine (9) district locations (five schools,
     Administration Building, two field houses and lavatory facilities at MacCalman Field) and summer
     exterior window washing as described in Specification for Scope of Work. Award will only be made on a
     total district basis. The successful Bidder must demonstrate the ability to have sufficient staff to handle
     this contract as specified.

3.   The Contractor shall bill the school district before the tenth (10 th) of each month for the work performed
     during the preceding month as per the Basic Bid Amount. Payments will be made during the last week
     of each month after bills are received. The District will make no advance payments. The Contractor must
     submit a certified payroll with each monthly invoice.

     The invoice for cleaning services for the previous month will be for 1/12 th of the annual bid amount.
     Extra time for the previous month must be billed on separate invoices. No invoices will be processed
     unless submitted with the required supporting documentation: all corresponding custodial and cleaners’
     sign-in sheets, which must be signed by the principal of the school (see Appendix “A”). Please note that
     the District will not pay overtime. Only the “Extra Hours” rate will apply for any overtime/extra hours
     requested.

4.   The successful Bidder shall comply with all rules and regulations of the School District and all directives
     issued by the School District.

5.   During the school year (not including winter and spring breaks) an evening supervisor must be assigned
     to the District on a full time basis from 1:30 to 10:00 p.m. (8-hour day exclusive of lunch) to oversee
     cleaning activities. During the summer when school is closed, the supervisor must be available whenever
     the cleaners are in the buildings (see pages 20-21 for summer cleaning schedule).

     a.   The supervisor will oversee entire District cleaning. Supervisor will need to travel between school
          buildings and must be available to meet with the District as needed. Supervisor must ensure there
          are no friends or relatives of the contractor’s employees in the building during the evening shifts.
          Only employees who are listed in the personnel file should be in the buildings. The daytime
          custodian must sign off on the Nightly Cleaning Schedule every morning and the signed copy must
          be kept in the custodial office (see Appendix “C”). If there are any problems, the custodian must call
          the Facilities Office as soon as possible. On a weekly basis, the supervisor must also sign the nightly
          cleaning schedule of each building The Supervisor is also responsible for ensuring the buildings are
          secure when cleaning is done (all doors and windows are closed and locked and all faucets and fans
          are turned off). The Facilities Department will meet with the Supervisor on an “as needed” basis.

     b.   The supervisor must possess at least five (5) years of cleaning experience in a school district in a
          supervisory capacity. Supervisor must be able to work cooperatively with building and central office
          administrators; must be able to read, write, and speak English and communicate with all cleaning
          staff.



                                                                                                              10
     c.   A copy of the supervisor’s resume and references MUST be submitted to the District with this bid.

6.   All custodial/cleaning service business personnel assigned to the District must be cleared by the New
     York State Education Department pursuant to the SAVE legislation. No custodial/cleaning service
     personnel will be assigned to the District without the fingerprint clearance. For those employees who
     need to be fingerprinted, they must be done so by June 15, 2010. Arrangements for fingerprinting may be
     made by contacting the Facilities Department. The successful bidder shall pay the cost of this clearance
     (currently $94.25 payable to NYS Education Department). The contractor will be responsible for
     requesting all fingerprinting clearances online (directions will be provided by the Facilities Office).

7.   The custodial/cleaning service is required to maintain current personnel files. The Facilities Office must
     be notified immediately of new hires who will work in the District and must be given notice of any and
     all custodial changes (even if a replacement is covering for a building custodian). An annual updated file
     must be supplied to the District for all personnel (including replacements) who work in the District. No
     one under the age of 18 is permitted to work in the District as a cleaner or custodian.

8.   The personnel folder on file must contain the following information:

     a.   Name, address, and phone number
     b.   Date of Birth (no one under eighteen (18) years of age)
     c.   Social Security Number
     d.   Copy of Fingerprint Clearance from New York State
     e.   Copy of a valid driver’s license or photo identification badge.

9.   All daytime and evening custodians must be able to speak, read, and write English and must be able to
     communicate with the staff assigned under him/her. See pages 16 and 17 for requirements for custodial
     services.

10. The use of alcohol and tobacco products will not be permitted anywhere on School Grounds.

11. The successful Bidder’s cleaning staff shall not have any contact or communication with any student or
    teacher.

12. Photo identification badges (approved by the District) must be worn at all times that the successful
    bidder, its agents or employees are on-site rendering services or performing work.

13. The Contractor shall exercise a high degree of care to prevent unauthorized removal of District property
    and/or supplies. The cost of all items stolen will be deducted from the monthly invoice.

14. The Contractor shall provide a written security plan to control and determine the whereabouts and
    assignments of all contractor personnel during operations, such as checking all areas for stragglers or
    unauthorized persons, locking all interior doors, closing all windows, lowering shades on first floor
    windows, and turning out all lights as an area is completed. The Contractor assumes full responsibility
    for all keys assigned to personnel. At the end of contract period, the keys will be returned to the Facilities
    Office.

15. No rooms shall be left unlocked or unattended at any time.

16. The contractor will be required to follow all district directives concerning energy conservation as
    mandated by Federal, State, or Local Authority.

17. Contractor must furnish all materials and equipment necessary for the full performance of the work.
    Please see Section 4- Supplies and Equipment, under Scope of Work on page 17 for more details.



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18. All custodial/cleaning services (day, night, and periodic) shall be completed to the satisfaction of the
    Superintendent of Schools or her designated representative.

19. Failure of the contractor to comply with the requirements of the contract to the full and complete
    satisfaction of the owner’s representative may be cause for the owner to order the work which the
    contractor has failed to perform or performed unsatisfactorily, to be accomplished by others. The School
    District reserves the right to back charge or deduct from contractor’s monthly payment at double time
    rate for School District employees to complete all work left incomplete or unsatisfactory and for services
    not rendered according to the terms of the contract.

20. If, through the carelessness and/or neglect of any employee of the contractor, any equipment or material
    of the school district is damaged, the contractor will indemnify the District.

21. The services set forth are for the purpose of description rather than limitations.

22. The contractor must provide annual Right-To-Know training to all custodial/cleaning personnel. The
    contractor must train all personnel to do their jobs safely and avoid hazardous situations. Custodians
    and cleaning personnel must also be trained to identify hazards, secure the area, and to report the hazard
    to the District immediately, including gas and water leaks. Contractor must provide the District with
    documentation of such training by June 15th, 2010.

23. All contractor personnel shall be instructed in the operations of various types of fire extinguishers and
    their use in extinguishing various types of fires. Personnel shall know the location of fire alarm boxes
    and the procedures to follow in the event of fire. Contractor must provide the District with
    documentation of such training by June 15th, 2010.

24. The District reserves the right, in the exercise of its sound discretion, to reject the bidder’s employees or to
    direct that they be replaced. The Bidder agrees to indemnify and hold the School District harmless from
    and against any and all claims asserted against the School district in connection with the exercise of its
    rights to reject the Bidder’s employees.

25. Under this contract, sub-contracting shall not be permitted without prior written approval by the School
    District.

26. No travel time will be paid. Payments will be made only for time on the job.

27. The successful Bidder shall pay its employees the current “prevailing rate of wage” as defined in Section
    220 of the New York Labor Law, Schedule of Wage Rates, where applicable.

28. The successful Bidder is to comply with all Federal, State and Local regulations relating to certification
    and licensure, labor, such as minimum hour wage, working conditions, insurance, taxes and safety
    factors in cases where installation of equipment is involved.

29. In accordance with Section 220-e of the Labor Law of the State of New York, it is agreed that:

    a.   In the hiring of employees for the performance of this contract or any subcontractor hereunder, no
         contractor, subcontractor, nor any person acting on behalf of such contractor or sub-contractor shall
         by reason of race, creed, color, or national origin discriminate against any citizen of the State of New
         York who is qualified and available to perform the work to which the employment relates.

    b.   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,
         color, creed or national origin.



                                                                                                                 12
    c.   There may be deducted from the amount payable to the successful bidder a penalty of one hundred
         dollars for each person for each calendar day during which such person was discriminated against or
         intimidated in violation of the provisions of the Contract.

    d. This Contract may be cancelled or terminated by the Board of Education and all monies due or to
       become due hereunder may be forfeited for a second or any subsequent violation of the terms or
       conditions of this section of the Contract.

    e.   The aforesaid provisions of this section shall be limited to operations performed within the territorial
         limits of the State of New York.

30. The successful bidder shall comply with all of the provisions of the Immigration Reform and Control Act
    of 1986 and regulations promulgated pursuant thereto and shall require its subcontractors to comply with
    same. The successful bidder shall and does hereby agree to fully indemnify, protect, defend, and hold
    harmless the School District, its agents and employees from and against any penalties, fees, costs,
    liabilities, suits, claims, or expenses of any kind or nature, including reasonable attorney’s fees, arising
    out of or resulting from any violation or alleged violation of the provisions of said laws in connection
    with the work performed hereunder.

31. The successful bidder shall be licensed by the County of Rockland and local municipalities, where
    required.

32. The successful bidder shall purchase and maintain insurance that may arise from operations under the
    contract. Said policies shall be purchased in the amounts set forth in Appendix “B” to protect the Board
    against claims arising from or related to the operations of the successful bidder and its subcontractors.

33. The successful bidder shall pay all deductibles of Board’s insurance for claims as a result of the
    negligence of the successful bidder.

34. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without
    interruption from the date of commencement of the Work until the date of final payment and termination
    of any coverage required to be maintained after final payment.

35. The successful bidder shall require all subcontractors to carry similar insurance coverages and limits of
    liability as set forth above and adjusted to the nature of subcontractors’ operations and submit same to
    the Board for approval prior to start of any work. In the event successful bidder fails to obtain the
    required certificates of insurance from the subcontractor and a claim is made or suffered, the successful
    bidder shall indemnify, defend, and hold harmless the Board, its agents or employees from any and all
    claims for which the required insurance would have provided coverage. This indemnity obligation is in
    addition to any other indemnity obligation provided in the Contract.

36. Enclosed with the bid submission, the Bidder must include a letter from an insurance agent, broker, or
    carrier stating that no less than the minimum limits of insurance required in the Bid Request will be met.
    The name of the insurance company that will provide the mandated insurance will be stipulated. The
    insurance carrier must be licensed to do business in New York State.

37. All insurance certificates shall state that the policy will not be canceled nor coverage thereunder be
    reduced or limited without thirty (30) days prior written notice to the School District. It shall further state
    that a similar thirty (30) days prior written notice will be given to the School District prior to the
    expiration of the policy if renewal coverage is to be refused or such coverage is to be reduced on renewal.
    Such certificates shall show the name and address of the insured successful bidder, the policy number,
    the type of coverage, the inception and expiration dates, and it shall clearly state what, if any, coverages
    are excluded by endorsement or otherwise excepting such as appear in the standard printed policy itself.


                                                                                                                13
    The School District reserves the right to make direct inquiry to the insurance carrier for an explanation of
    coverages and the successful bidder agrees to assist in obtaining any such desired information.

38. The successful bidder shall hold harmless, defend and indemnify the School District from all claims for
    damages to property and bodily injury, including death, which may arise from operations under the
    Contract(s), including but not limited to claims brought against the School District by third parties,
    employees of the School District, or employees of the successful bidder.

39. The successful bidder shall not be held responsible for any losses resulting if the fulfillment of the terms
    of the Contract shall be delayed or prevented by wars, acts of public enemies, fires, floods, acts of God, or
    for any other acts not within the control of the successful bidder, except for strikes or labor unrest, and
    which by exercise of reasonable diligence it is unable to prevent.

40. This contract may be terminated by the School District upon not less than five (5) days written notice
    should the successful bidder fail substantially to perform in accordance with the terms of this contract
    through no fault of the party initiating the termination.
    The District may at any time, at will and without cause, terminate any part of the Contractor’s work or all
    of the Contractor’s remaining work for any reason whatsoever by giving five (5) days’ written notice to
    Contractor, specifying the portion of the Contractor’s work to be terminated and the effective date of
    termination.
    Upon receipt of a notice of termination for convenience, the Contractor shall immediately, in accordance
    with instruction from the District, cease operation as specified in the notice. The Contractor shall proceed
    with performance of the following duties regardless of delay in determining or adjusting amounts due
    under this paragraph.

41. The successful bidder shall have three (3) days from notice of its breach to cure said breach. Upon failure
    to cure, the School District shall have the right to take over the work and complete the work at the
    expense of the successful bidder. In the event this contract is terminated, the successful bidder shall be
    compensated for work performed to the date of such termination in accordance with this contract.




                                                                                                              14
                         PROFESSIONAL CUSTODIAL/CLEANING SERVICES
                                      SCOPE OF WORK


1.   BUILDINGS TO BE SERVICED

     Hilltop/Administration Building                           13A Dickinson Avenue
                                                               Nyack, New York 1096

     Nyack High School                                         360 Christian Herald Road
                                                               Upper Nyack, New York 10960

     Christian Herald Field House- bathrooms and               360 Christian Herald Road
     locker rooms                                              Upper Nyack, New York 10960
     (daily, 3rd week of August – November 30th and
     2nd week of March – June 30th; weekly all other times)

     Nyack Middle School                                       98 South Highland Avenue
                                                               Nyack, New York 10960

     Nyack Middle School Field House- bathrooms and            98 South Highland Avenue
     locker rooms                                              Nyack, New York 10960
     (daily 3rd week of August – November 30th and)
     2nd week of March – June 30th ; weekly all other times)

     Liberty Elementary School                                 142 Lake Road
                                                               Valley Cottage, New York 10989

     Upper Nyack Elementary School                             336 North Broadway
                                                               Upper Nyack, New York 10960

     Valley Cottage Elementary School                          26 Lake Road
                                                               Valley Cottage, New York 10989

     MacCalman Field bathrooms                                 Midland and 5th Avenue
     (daily from 3rd week of August – November 30th            Nyack, New York 10960
     and 2nd week of March – June 30th )


     Old Nyack High School (locker rooms)                      131 Midland Avenue
     (during the fall, winter, and sports season when          Nyack, New York 10960
     sporting events are scheduled.
     Schedules will be provided)
2.   STAFF

     The District requires a daytime and evening custodian (the evening custodian will assist with evening
     cleaning duties) in addition to cleaners in each of the six (6) buildings listed below.
     Also listed below is the required number of custodial/cleaning hours for each building.
     Please note that the District reserves the right to add or decrease the number of hours specified in this bid
     as custodians/cleaners are added or decreased depending on the needs of the District. Any such change
     will result in an addition or reduction based on the corresponding unit price. Therefore all Bidders must
     provide the unit price for daytime custodian, evening custodian, and cleaner. The successful Bidder must
     demonstrate the ability to have sufficient staff and appropriate supervision to handle this contract as
     specified.
                                                Day                      Evening              Evening
                                             Custodian                  Custodian             Cleaners
         Building                            # of Hours                # of Hours            # of Hours
     Hilltop/Administration*                     8                         4                     0
     Nyack High School                           8                         8                    56
     Nyack Middle School                        16                         8                    28
     Liberty Elementary School                   8                         8                     8
     Upper Nyack Elementary School               8                         8                     8
     Valley Cottage Elem. School                 8                         8                     8
     Christian Herald Field House**
     Nyack Middle School Field House**
     MacCalman Field bathrooms**
     Old Nyack High School Locker Rooms***

     * The evening custodian at the Administration Building may occasionally need to stay later due to
     meetings (for instance, the Board of Education usually meets twice a month). The extra hours will be
     charged as “Extra Time” (see Miscellaneous Work on page 21.)
     ** These locations only require cleaning services in the bathrooms and locker rooms on a daily basis
     during the spring and fall athletic seasons (from the third week of August through November 30 th and
     from the second week of March through June 30th).
     *** This location requires cleaning services in the locker rooms during the fall, winter, and sports season
     when sporting events are scheduled. Schedules will be provided.

3.   DAYTIME CUSTODIAL HOURS AND DUTIES

     a.   The following buildings require daytime custodians to work the hours indicated during the school
          year:
          Building                                      Shift Hours
          Hilltop/Administration (1)                    6:45 a.m. – 3:15 p.m.
          Nyack High School (1)                         5:30 a.m. – 2:00 p.m.
          Nyack Middle School (2)                       6:30 a.m. – 3:00 p.m.
          Liberty Elementary School       (1)           6:30 a.m. – 3:00 p.m.
          Upper Nyack Elementary School (1)             6:30 a.m. – 3:00 p.m.
          Valley Cottage Elementary School (1)          6:30 a.m. – 3:00 p.m.

          Please note: this is considered an 8-hour day exclusive of lunch.
          During the summer, all daytime custodial hours will be 7:00 a.m. – 3:30 p.m.

     b.   The following is a list of some of the duties expected of the daytime custodians in all buildings.
          Please note the services set forth are for the purpose of description rather than limitations.
                  Shut off alarm immediately after entering building and check boilers.
                  Check building offices and classrooms- windows, lights, etc.
                  Check bathrooms and supplies (toilet paper, soap, paper towels)
                  Set up for lunch
                  Take care of deliveries
                  Set up equipment, desks, chairs for extra activities as requested
                  Assist principal and staff when necessary.
                   Log all requests made by staff (who requested, when received, completed)


4.   EVENING CUSTODIAL HOURS AND DUTIES

     a.    The following buildings require evening custodians to work the hours indicated:
           Building                                          Shift Hours
           Hilltop/Administration                            3:00 p.m. – 7:00 p.m.
           Nyack High School                                 1:30 p.m. – 10:00 p.m.
           Nyack Middle School                               1:30 p.m. – 10:00 p.m.
           Liberty Elementary School                         1:30 p.m. – 10:00 p.m.
           Upper Nyack Elementary School                     1:30 p.m. – 10:00 p.m.
           Valley Cottage Elementary School                  1:30 p.m. – 10:00 p.m.
           Please note: this is considered an 8-hour day exclusive of lunch (with the exception of
           Hilltop/Administration.

      b.    The evening custodian’s duties shall include:
               Acting as the lead person (must speak, read, and write English and must able to communicate
               with the cleaning staff assigned under him/her).
               Assisting with the nightly cleaning duties.
               Being cognizant of the use of the building.
               Being responsible for securing the building at the end of the shift.
               As part of his regular duties, the evening custodian at the Administration Building must deliver
               the mail to the post office (s) at the end of the workday (4 p.m.). A copy of the employee’s
               driver’s license must be included in personnel file supplied to the District. This takes less than ½
               hour.
      c.    During the summer and during Christmas, mid-winter and spring breaks the evening custodians
            will work the daytime custodial hours (to be determined by the District). The Facilities Office must
            approve any exceptions. During these times, the day and evening custodians may, at the direction
            of the Facilities Department, be requested to paint, change air filters, etc. The cleaners will work in
            the buildings at the discretion of Facilities Department.

5.   SUPPLIES AND EQUIPMENT
     The Contractor will furnish any materials and equipment necessary to provide the complete cleaning
     services as outlined herein and must be approved by the Facilities Department. The District will provide
     toilet tissue, paper towels for dispensers (contractor must provide own paper towels for cleaning), and
     hand soap. Contractor will supply and use only green certified cleaning products.. The Contractor must
     provide the Facilities with a list of products used and also the corresponding Material Safety Data Sheets
     (MSDS) for the products. All cleaning products must be in compliance with the New York State
     Education Department’s Green Cleaning Regulations. Please note that a diluted bleach solution (1 capful
     to 32 oz. of water) may be used for sanitizing. Contractor must also supply plastic bags for garbage
     containers in all classrooms, bathrooms, offices, and cafeterias.

6.   MAIL RUN- Interoffice and Afternoon Mail

     The Contractor shall supply an employee to deliver the interoffice mail in the morning. The interoffice
     mail must be picked up in the Administration Building by 10:00 a.m. daily and brought to the five (5)
     schools. Mail will be picked up from each school and brought back to the Administration Building. This
     process takes approximately one and a half hours. The afternoon mail will be handled by the evening
     custodian at the Administration Building (see Evening Custodial Hours and Duties listed above).
     Please note: The District does not supply vehicle (or gas) for the mail runs.

7.   EXTERIOR WINDOW WASHING-

      The contract shall note an hourly rate on the Bid Sheet for the cost of washing all exterior windows in
      the district during July and August. The District expects all window washing to be completed before the
      first day of school in September. Therefore, all windows must be checked the last week of August to
      ensure they are clean.

                                                                                                                17
                             SCOPE OF WORK- CLEANING SCHEDULES

                                   NIGHTLY CLEANING SCHEDULE
                                           (Monday through Friday)

CLASSROOMS
1. Wash blackboards- unless it is stated that writing is to be saved.
2. Spot clean all walls and woodwork as needed – especially around light switches and doorknobs.
3. Clean the tops of all student-writing surfaces (desks, work tables, etc.)
4. Empty trash baskets and insert new plastic liners. Remove trash to designated area.
5. Dust all horizontal surfaces eye level and below.
6. Power vacuum all carpets and rugs.
7. Dust mop floors. Move furniture to mop under it. Remove gum, glue, etc. from floor. Schedule for
    mopping classroom floors will be supplied by District.
8. Damp mop all spills. In inclement weather, wet mop all floors.
9. Clean interior door and window glass. Spot clean windows if needed.
10. Close and lock all windows, close shades and blinds on first floor, shut off lights, lock door.

LAVATORIES AND LOCKER ROOMS
1. Empty trash receptacles and insert new plastic liners. Remove trash to designated area.
2. Scrub all urinals, toilets and sinks with a green certified cleaner. Rinse with clear water. Polish all chrome.
   Leave toilet seats up to assure proper drying. Faucets and door handles may be sanitized with diluted
   bleach solution.
3. Wash and then sanitize all flushometers, faucets, mirrors and soap dispensers, and door handles with
   bleach solution.
4. Remove all graffiti from walls and partitions.
5. Wash with a green certified cleaner all wall and partition areas near fixtures, trash receptacles or light
   switches.
6. Wash floor with an approved green certified cleaner.
7. Lock all windows, turn off lights, close and lock door.

NOTE: The mops and sponges used to clean the lavatories and locker rooms are not to be used to clean other
rooms in the building.

CORRIDORS
1. All drinking fountains cleaned with a green certified cleaner. Rinse with clear water.
2. Remove all spills, gum, ink, etc., from floors, walls, lockers and doors.
3. Dust mop all floors. Sweep floors under all mats.
4. Vacuum all entrance mats.
5. Dust all horizontal surfaces eye level and below, including tops of lockers.
6. Clean all interior door glass and window glass.
7. Damp mop all corridors during inclement weather.

STAIRWELLS
1. Spot wash all marks, smudges, and graffiti from walls, railings and partitions.
2. Sweep all stairs and landings, paying particular attention to corners, and areas behind doors and
   landings.
3. Dust all railings and stringers, including high dusting on top of doors, corners, and underside of exposed
   stairs.
4. Wash interior door and window glass.

OFFICE AREAS
1. Spot wash all walls, light switches, doorknobs, etc.
2. Dust all horizontal surfaces (desks, cabinets, bookcases, shelves).
3. Wash all surfaces as needed.

                                                                                                               18
4.   Clean all interior glass.
5.   Empty all trash receptacles and insert new liners.
6.   Power vacuum all carpets.
7.   Sweep and wash all tile floors.


AUDITORIUMS, GYMNASIUMS, ALL-PURPOSE ROOMS, LIBRARY AREAS, AND CAFETERIA
AREAS
1. Empty all trash receptacles and insert new plastic liners. Remove refuse to designated areas.
2. Clean all writing surfaces in Library.
3. Dust all horizontal surfaces eye level and below.
4. Damp mop and remove all spills, spots, mud, ink, gum, crayons, etc.
5. Dust mop all floor areas.
6. Dust mop all stage areas.
7. Vacuum all carpeted areas and floor mats.

MISCELLANEOUS
1. All sinks in classrooms, libraries, faculty rooms and custodial closets are to be cleaned nightly.
2. All windows are to be left closed and locked. All window shades and blinds drawn.
3. All doors leading from corridors into occupied areas are to be locked.
4. All faucets are to be turned off.




                                    WEEKLY CLEANING SCHEDULE

1.   All corridor and vestibule floors are to be spray buffed. Entrance mats will be rolled up so floor under
     them can be buffed. Recoating with floor finish WILL NOT be accepted as a substitute for weekly buffing.
2.   All wooden office and library furniture will be cleaned using a certified green product.




                                   MONTHLY CLEANING SCHEDULE

1.   All corridors, entrance vestibules, and stairs will be swept, washed and recoated with new coat of finish.
     In winter months, recoat every 2 weeks.
2.   Wash all garbage cans in kitchens, cafeteria’s, bathrooms, and locker rooms.




                               PERIODIC CLEANING SCHEDULE –
                           (CHRISTMAS, MID-WINTER, SPRING BREAKS)

1.   All resilient tile and terrazzo floors are to be machine scrubbed using a low speed floor machine
     (approved by Facilities Department), a green scrubbing pad and green certified cleaner.
2.   Floors are to be rinsed with clear water.
3.   When floor has dried, recoat with an approved resilient floor finish (2-coat) minimum.
4.   High dust all contracted areas.
5.   Clean all office furniture.




                                                                                                             19
                                   SUMMER CLEANING SCHEDULE

CLASSROOMS, OFFICES, LIBRARIES, WORKROOMS, CAFETERIA’S

1.    Remove all furniture from the rooms, wash top and bottom and remove all gum from underside. Clean
      all chrome. Furniture must be returned to correct room and location.
2.    Clean all light fixtures. Open all fluorescent fixtures and clean all plastic diffusers.
3.    Wash all walls, starting at the bottom, working up to the ceiling. Use any approved cleaner that doesn’t
      need rinsing. Avoid streaking. Spot washing with a spray cleaner will not be permitted.
4.    Wash all blackboards, interior door window glass, window shades and blinds.
5.    Wash all fixed furniture such as cabinets and bookcases.
6.    Apply stripper solution (green certified product) with wet mop and agitate with a low speed floor
      machine using a black stripping pad. Strip all corners, stairs, thresholds and vinyl cove base by hand
      using a doddle-bug pad or equal.
7.    Remove stripper solution using a wet mop and a wet/dry vacuum.
      DO NOT ALLOW STRIPPER TO SET ON FLOORS.
8.    Rinse and neutralize floor by damp mopping with clear water.
9.    Apply green certified floor sealer or base coat, 2 if needed.
10.   Apply 2 coats of floor finish, waiting until first coat is thoroughly dry. Power dryers may be used at the
      discretion of the successful bidder.
11.   Vacuum and wet shampoo all carpeted areas, all area rugs, and all entrance mats.
12.   Vacuum all upholstered furniture and polish all natural wood or wood veneer furniture.
13.   Return all furnishings into rooms in their original locations.
14.   Close all windows, close and lock entrance doors as each room is finished..

BATHROOMS, LAVATORIES, LOCKER ROOMS

1.    Wash all walls, partitions, dividers and doors with an approved green certified solution.
2.    Wash all mirrors and windows.
3.    Scrub and disinfect all toilets, urinals, and sinks (may used diluted bleach solution). Polish all chrome and
      stainless steel.
4.    Clean and disinfect all garbage receptacles.
5.    Wash and disinfect all floors. Resilient tile floors will be stripped and refinished the same as other
      resilient floors in the district.

AUDITORIUMS, GYMNASIUMS

1.    Dust all horizontal surfaces.
2.    Wash all walls with an approved cleaner.
3.    Vacuum all upholstery.
4.    Clean out and wash under bleachers, seats, and benches.
5.    Shampoo carpeting in high school auditorium.
6.    Sweep and wet mop the stages.
7.    Wash all blinds and window shades.
8.    All-purpose rooms with resilient tile floors will have the floors stripped and refinished according to the
      classroom summer cleaning schedule (as directed by the Facilities Office).

HALLWAYS, CORRIDORS, VESTIBULES, STAIRWELLS

1.    Wash all light fixtures. Remove and wash plastic diffusers.
2.    Wash all walls, window glass, door glass, following same specifications used for classrooms.
3.    Strip and refinish all floor surfaces using the same method outlined for the classrooms.

                                                                                                                20
4.   Place towels or rags under the doors leading into rooms already refinished.
5.   Wash all horizontal surfaces, using a green certified cleaner.
6.   Polish all door hardware.
7.   Clean, sanitize, and polish all drinking fountains.


MISCELLANEOUS CLEANING

1.   Wash all garbage cans with an approved green cleaner. No spray cleaners may be used.
2.   Vacuum all curtains and draperies – including stage drapes.
3.   Clean all fire extinguisher recesses in hallways. Wipe/dust off fire extinguishers.
4.   Clean behind and under all kitchen equipment, movable and fixed.
5.   All custodial supply and storage closets are to be kept neat and orderly.
6.   On or before June 15th of each year, the successful Bidder will meet Facilities Department to review the
     summer cleaning schedule with will be based upon the usage of each building in the District.
7.   The successful bidder must have a qualified supervisor who will meet weekly and tour the buildings
     with the Superintendent or her designee.
8.   During the summer, all office areas in the district must be cleaned daily according to the requirements
     listed on page 20.



                                             BUILDING SIZES
                                          (COMPLETE BUILDING)

                         Nyack High School                                153,000 sq. ft.
                         Nyack Middle School                              160,620 sq. ft.
                         Liberty Elementary School                         52,873 sq. ft.
                         Upper Nyack Elementary School                     53,934 sq. ft
                         Valley Cottage Elementary School                  58,208 sq. ft.
                         Hilltop/Administration Building                   40,350 sq. ft.
                         Christian Herald Field House                       1,800 sq. ft.
                         Middle School Field House                          2,400 sq. ft.


                                   EXTERIOR WINDOW CLEANING

         All exterior windows must be washed during the summer months. A schedule must be provided to
         the Facilities Office before window cleaning begins. Exterior window cleaning must be included in
         the annual bid price.


                              MISCELLANEOUS- EXTRA HOURS/WORK

         The District reserves the right to request extra hours/work from the Contractor on an “as needed”
         basis. This work may include but is not limited to extra help with snow removal, the moving of
         furniture, setting up/taking down of chairs, coverage for custodians employed by the District, etc.
         The District will not pay overtime. This should be taken into consideration when providing an hourly
         rate for extra hours/work.

         In addition to the annual bid price, please provide an hourly rate for overtime/extra work when
         requested by the District.




                                                                                                          21
                     PROFESSIONAL CUSTODIAL/CLEANING SERVICES BID

The Custodial /Cleaning Services proposal shall be bid as a total annual cost for services
requested in this bid.



Total Annual Bid for Custodial/Cleaning Services $________________________________

_______________________________________________________________________________
                              (please print amount)


Extra Hours Rate                                     $____________________/hr.
Please see page 21 for description of Extra Hours.




Below please state the hourly rate for each item. Please note that the District reserves the right to add or
decrease hours to the original number of hours specified in this bid, as the District’s needs for
custodians/cleaners changes. Any such change will result in an addition or reduction based on the
corresponding unit price.

Daytime Custodian                                    $________________/hr.

Evening Custodian                                    $________________/hr.

Cleaner                                              S________________/hr.




*Bidders must use current hourly prevailing wage rates where applicable (attached) **



NAME OF COMPANY:                                     _______________________________________________

SIGNATURE OF BIDDER:                                 _______________________________________________

PRINT NAME:                                          _______________________________________________

DATE: ______________________

                                                                                                         22
                                NYACK UNION FREE SCHOOL DISTRICT
                                          13A DICKINSON AVENUE
                                          NYACK, NEW YORK 10960
                                           -FORM OF DISCLOSURE-

THE UNDERSIGNED AFFIRMS THAT THE FOLLOWING CONSTITUTE ALL OFFICERS, DIRECTORS,
PARTNERS, OR CONTROLLING PRINCIPALS OF THE FIRM:

                 Name                                                         Title

______________________________                      _______________________________________

______________________________                      _______________________________________

1.   Does any Nyack Board Member, administrator, or employee possess any financial interest, directly or
     indirectly, in the firm?________ If yes, set forth the basis upon which a financial interest exists in the firm:




2.   Has the firm or any of its officers, directors, partners, or controlling principals possessed any interest in
     transactions heretofore entered into with Nyack School District?_____ If yes, please describe
     transaction(s):




3.   Does any direct relative of a member of the Board , administrators, or staff possess any financial interest,
     directly or indirectly, in the firm (For purpose of this inquiry a direct relative is to be defined as a parent,
     spouse, child or sibling)._______If yes, set forth below the Nyack School District Board Member,
     administrator, or staff member whose relation possess an interest and the relationship:




THE UNDERSIGNED AFFIRMS THAT THE ABOVE STATEMENTS ARE TRUE AND UNDERSTANDS
THAT ANY FALSE STATEMENT SHALL CONSTITUTE A VIOLATION OF THE PENAL CODE OR
GENERAL MUNICIPAL LAW AS APPLICABLE.

Firm:____________________________________


Signature:________________________________________ Print Name: ___________________________________


Title: ____________________________________________ Date:             _______________________________________




                                                                                                                  23
                                        NON-COLLUSIVE FORM
                                    BID PROPOSAL CERTIFICATIONS

            *THIS FORM MUST BE SIGNED AND NOTARIZED- SUBMIT WITH PROPOSAL*

Firm Name____________________________________________________________________________

BusinessAddress_______________________________________________________________________

Telephone Number_____________________________             Date of Bid _________________________


I.     General Bid Certification

       The bidder certifies that he will furnish, at the prices quoted, the materials, equipment and/or
       services as proposed on this Bid.

II.    Non-Collusive Bidding Certification

       The following statement is made pursuant to Section 103-D of the General Municipal Law, as
       amended by Chapter 675 of the Laws of 1966, and Section 139-D of the State Finance Law, as
       amended by Chapter 675 of the Laws of 1966, and Section 2604 of the Public Authorities Law, as
       amended by Chapter 675 of the Laws of 1966.

       By submission of this bid proposal, the bidder certifies that he/she is complying with Section 103-d of
       the General Municipal Law as follows:

       Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or
       proposal hereafter made to a political subdivision of the state or any public department, agency or
       official thereof where competitive bidding is required by statute, rule, regulation, or local law, for
       work or services performed or to be performed or goods sold or to be sold, shall contain the
       following statement subscribed by the bidder and affirmed by such bidder as true under the penalties
       of perjury:

       a.   By submission of this bid, each bidder and each person signing on behalf of any bidder certifies,
            and in the case of a joint bid each party thereto certifies as to its own organization, under penalty
            of perjury, that to the best of its knowledge and belief:

            1. The prices in this bid have been arrived at independently without collusion, consultation,
            communication, or agreement, for the purpose of restricting competition, as to any matter
            relating to such prices with any other bidder or with any competitor;

            2. Unless otherwise required by law, the prices which have been quoted in this bid have not
            been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior
            to opening, directly or indirectly, to any other bidder or to any competitor; and,

            3. No attempt has been made or will be made by the bidder to induce any other person,
            partnership or corporation to submit or not to submit a bid for the purpose of restricting
            competition.

       b.   A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3)
            above have not been complied with; provided, however, that if in any case the bidder cannot
            make the foregoing certification, the bidder shall so state and shall furnish with the reasons
            therefore. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be
            considered for award nor shall any award be made unless the head of the purchasing unit of the
            political subdivision, public department agency or official thereof to which the bid is made or his


                                                                                                              24
            designee, determines that such disclosure was not made for the purpose of restricting
            competition.

The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has
informed prospective customers of proposed or pending publication of new or revised price lists for such
items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute,
without more, a disclosure within the meaning of subparagraph one (a).

Any bid hereafter made to any political subdivision of the state or any public department, agency or official
thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold,
where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains
the certifications referred to in subdivision II of this section, shall be deemed to have been authorized by the
board of directors of the bidder, and such authorization shall be deemed to include the signing, and
submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of
corporation.


                The bidder affirms the above statement as true under the penalties of perjury.


Signature of Bidder:    ________________________________________________________________
                        (Signature of bidder or authorized representative of a corporation)

Title:_________________________________________________________________________________


Sworn to before me this ________________     day of ___________________________, 2010


______________________________________             _________________________________________
 Notary Public or Commissioner of Deeds                  (Authorized Signature)


Commission Expires ___________________




                                                                                                             25
                          CONFLICT OF INTEREST CERTIFICATION

            *THIS FORM MUST BE SIGNED AND NOTARIZED-SUBMIT WITH PROPOSAL*



Name of Contractor_____________________________________________________________



Business Address_______________________________________________________________



Telephone Number__________________________ Date of Bid_________________________


The Contractor above mentioned declares and certifies:

First          That the said Contractor is of lawful age and the only one interested in this bid, and that no
               one other than said Contractor has any interest herein.

Second         That this bid is made without any previous understanding, agreement or connection with
               any other person, firm, or corporation making a bid for the same purpose, and is in all
               respects fair and without collusion or fraud.

Third          That no member of the Board of Education of the Nyack Union Free School District nor any
               officer or employee or person whose salary is payable as a whole or in part from the treasury
               of said Board of Education is directly or indirectly interested in this bid or in the supplies,
               materials, equipment, work, or services to which it relates, or in any portion of the profits
               thereof.

Fourth         That said bidder has carefully examined the instructions, schedules, and specification
               prepared under the direction of the Board of Education, and will, of successful in this bid,
               furnish and deliver at the prices proposed and within the time stated, all materials, supplies,
               apparatus, goods, wares, merchandise, services, or labor for which this bid is made.

Fifth          That the prices quoted are net and exclusive of all federal, state and municipal sales and
               excise taxes.

Sixth          The following non-collusive bidding certification applies to this bid.


Subscribed and sworn to before me

this _________ day of _________ 2010            _________________________________
                                                     (Person, Firm or Corporation)

______________________________________             _______________________________
Notary Public or Commissioner of Deeds                  (Authorized Signature)

Commission Expires ______________________




                                                                                                           26
                             HOLD HARMLESS AGREEMENT

IT IS HEREBY AGREED AND UNDERSTOOD THAT THE BIDDER AGREES TO HOLD HARMLESS AND
INDEMNIFY THE NYACK UNION FREE SCHOOL DISTRICT BOARD OF EDUCATION, ANY OFFICER,
AGENT, SERVANT OR EMPLOYEE OF THE NYACK UNION FREE SCHOOL DISTRICT, FROM ANY LAWSUIT,
ACTION, PROCEEDING, LIABILITY, JUDGEMENT, CLAIM, OR DEMAND WHICH MAY ARISE OUT OF:

A. ANY INJURY TO PERSON OR PROPERTY SUSTAINED BY THE BIDDER, ITS AGENTS, SERVANTS OR
   EMPLOYEES OR ANY PERSON, FIRM, OR CORPORATION EMPLOYED DIRECTLY OR INDIRECTLY BY
   THEM UPON OR IN CONNECTION WITH THEIR PERFORMANCE UNDER THE CONTRACT HOWEVER
   CAUSED;

B.   ANY INJURY TO PERSON OR PROPERTY SUSTAINED BY ANY PERSON, FIRM, OR CORPORATION,
     CAUSED BY ANY ACT, DEFAULT, ERROR, OR OMISSION OF THE CONTRACTOR, ITS AGENTS,
     SERVANTS, OR EMPLOYEES OR ANY PERSON, FIRM OR CORPORATION, DIRECTLY OR INDIRECTLY
     EMPLOYED BY THEM UPON OR IN CONNECTION WITH PERFORMANCE UNDER THE CONTRACT.

THE ASSUMPTION OR INDEMNITY, LIABILITY AND LOSS HEREUNDER SHALL SURVIVE CONTRACTOR’S
COMPLETION OF SERVICE OR OTHER PERFORMANCE HEREUNDER AND ANY TERMINATION OF THIS
CONTRACT.

THE CONTRACTOR AT ITS OWN EXPENSE AND RISK SHALL DEFEND ANY SUCH LEGAL PROCEEDINGS
THAT MAY BE BROUGHT AGAINST THE NYACK UNION FREE SCHOOL DISTRICT, ITS BOARD OF
EDUCATION, OR ANY OFFICER, AGENT, SERVANT, OR EMPLOYEE OF THE NYACK UNION FREE SCHOOL
DISTRICT ON ANY CLAIM OR DEMAND, AND SHALL SATISFY ANY JUDGEMENT THAT MAY BE
RENDERED AGAINST THE NYACK UNION FREE SCHOOL DISTRICT, ITS BOARD OF EDUCATION, OR ANY
OFFICER, AGENT, SERVANT, OR EMPLOYEE OF THE NYACK UNION FREE SCHOOL DISTRICT.

THIS INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT SHALL APPLY TO ANY
LAWSUIT, ACTION, PROCEEDING, LIABILITY, JUDGEMENT, CLAIM OR DEMAND, OR WHATEVER NAME
OR NATURE, NOTWITHSTANDING THAT CONTRACTOR MAY DEEM THE SAME TO BE FRIVOLOUS OR
WITHOUT MERIT. IT IS INTENDED THAT THIS AGREEMENT BE INTERPRETED IN THE BROADEST
MANNER POSSIBLE SO AS TO INSULATE ALL OF THE ENTITIES, PARTIES AND INDIVIDUALS NAMED
ABOVE FROM ANY LIABILITY, COST OR JUDGEMENT, MONETARY OR OTHERWISE, AS THE SAME MAY
RELATE TO THE PERSONNEL AND SERVICES PROVIDED BY THE CONTRACTOR.

Subscribed and sworn to before me

this _____ day of ____________2010         _____________________________________________
                                              (Person, Firm or Corporation)

______________________________________      ___________________________________________
Notary Public or Commissioner of Deeds                (Authorized Signature)

Commission Expires _____________________




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APPENDIX “A”




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                                           NYACK PUBLIC SCHOOLS                                         APPENDIX ”B”
                                           13A DICKINSON AVENUE
                                           NYACK, NEW YORK 10960
                            INSURANCE AGREEMENT -CONTRACTOR

I.     Notwithstanding any terms, conditions or provisions in any other writing between the parties, the
       contractor hereby agrees to effectuate the naming of the District as an unrestricted additional insured
       on the contractor’s insurance policies, with the exception of workers’ compensation.

II.    The policy naming the “Nyack Union Free School District” as an additional insured shall:
           Be an insurance policy from an A.M. BEST rated “secured” or better New York State licensed
           insurer.
           Provide for 30 days notice of cancellation;
           State that the organization’s coverage shall be primary coverage for the District, its Board,
           employees and volunteers.
           The district shall be listed as an additional insured by using endorsement CG 20 10 11 85 or
           broader. The certificate must state that this endorsement is being used. If another endorsement is
           used, a copy shall be included with the certificate of insurance.

III.   The contractor agrees to indemnify the district for any applicable deductibles.

IV.    Required Insurance:
            Commercial General Liability Insurance
            $1,000,000 per occurrence/$2,000,000 general and products/completed operations
            aggregates. The general aggregate shall apply on a per-project basis.
            Automobile Liability
       $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles.
            Workers’ Compensation
       Statutory Workers’ Compensation and Employers’ Liability Insurance for all employees.
            Owners Contractors Protective Insurance
       (Required for construction projects in excess of $200,000.)
       $1,000,000 per occurrence/$2,000,000 aggregate, with the district as the named insured.
            Excess Insurance
       $1,000,000; $3,000,000; $5,000,000 (or higher) each Occurrence and Aggregate depending on the type
            and size of the project.
            Bid, Performance and Labor & Materials Bonds
       If required in the specifications, these bonds shall be provided by a New York State admitted surety
            company, in good standing.

V.     The insurance producer must indicate whether or not they are an agent for the companies providing
       the coverage.

VI.    Contractor acknowledges that failure to obtain such insurance on behalf of the district constitutes a material
       breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available
       to the district. The contractor is to provide the district with a certificate of insurance, evidencing the above
       requirements have been met, prior to the commencement of work or use of the facilities.

VII.   The district is a member/owner of the NY Schools Insurance Reciprocal (NYSIR). The contractor further
       acknowledges that the procurement of such insurance as required herein is intended to benefit not only the
       district but also the NYSIR, as the district’s insurer.

Name________________________________________

Signature_____________________________________                         Date________________________

                                                                                                                       32
APPENDIX “C”




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