ESCNJ



Educational Services Commission of New JerseyBRIGHT BEGINNINGS LEARNING CENTER 1660 STELTON ROAD SECOND FLOORPISCATAWAY, NEW JERSEY 08854Mr. Patrick M. MoranBUSINESS ADMINISTRATORBoard Secretary/QPAPHONE: (732) 777-9848FAX: (732) 777-9855BID SPECIFICATIONS & GENERAL REQUIREMENTS FORJob Order Contracting – PavingBid Number #ESCNJ 18/19-66BID OPENING DATE: April 17, 2019BID OPENING TIME: 11:00 a.m.OPENING LOCATION: ESCNJ BRIGHT BEGINNINGS LEARNING CENTER – 2nd Floor1660 Stelton RoadPISCATAWAY, NEW JERSEY 08854 NJ STATE APPROVED COOPERATIVE PRICING SYSTEM #65MCESCCPSShared Services – A Commitment, Not a Concept.Job Order Contracting: PavingRegionsRegionEstimatedAnnual ValueRegion 1Sussex, Passaic, Warren, Morris, Hunterdon, Somerset, Union and Essex Counties$500,000Region 2Bergen and Hudson Counties$500,000Region 3: Monmouth, Middlesex, and Mercer Counties$500,000REQUEST FOR BIDS The Educational Services Commission of New Jersey, Piscataway, New Jersey, hereby advertises for competitive bids in accordance with N.J.S.A. 18A:18A-21(a, b). Bid No. ESCNJ 18/19-66Title of Bid: Job Order Contracting: Paving Services-Repair & MaintenancePre-bid Meeting March 26, 2019Bid Opening: April 17, 2019 @ 11:00 a.m.All bids must be submitted to the Educational Services Commission of New Jersey in a sealed envelope, marked “SEALED BID ESCNJ #18/19-66” on the front of the envelope/package. ESCNJ is bidding Paving Services - contracts for specified regions in New Jersey. Respondents must be able to provide products and services to ESCNJ Co-op Members throughout the region specified. Our Co-op currently has over 1,250 Members located throughout the State. Bid documents may be downloaded from the web at escnj.us/bidding at no charge or picked up at 1660 Stelton Road, Second Floor, Piscataway, NJ 08854, or mailed to you for a $50.00 fee. E-mail your request to coop@ESCNJ.us; or mail to 1660 Stelton Road, Second Floor, Piscataway, NJ 08854. Anyone downloading bid specifications from our website shall notify the Commission so that we can send notice of addenda. The Educational Services Commission of New Jersey reserves the right to reject any or all bids in whole or in part, to waive any formalities or irregularities in any bids, and to accept the bids which, in its discretion, within State law, are for the best interest of the Educational Services Commission of New Jersey. Bids will be opened and publicly read immediately following the deadline. A pre-bid meeting will be held at the ESCNJ Piscataway campus. Attendance is strongly recommended, but not required. Bidders should RSVP at coop@ESCNJ.us. The meeting will be held at the following date, time and location: March 26, 2019 @ 10:00 a.m.ESCNJBright Beginnings Learning Center – Second Floor1660 Stelton RoadPiscataway, New Jersey 08854The duration of the Contract will be for 24 months with extensions as permitted by law, when in agreement to do so by both the awarded vendor and the ESCNJ. Respondents are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27. New Jersey Business Registration Certification is required for all bids as well as the Political Contribution Disclosure Form. Patrick M. Moran Patrick M. Moran Business Administrator/Board Secretary ABOUT ESCNJ The ESCNJ’s mission is to cooperatively serve our members through a continuous effort to explore and solve present and future purchasing needs. Our goals include working to secure multi-member agency volume purchasing contracts with benefits that are measurable, cost-effective and continuously exceed our members’ expectations. The ESCNJ is committed to accomplish this mission lawfully and ethically, using leading edge technology and futuristic business practices. The great benefit to the respondent is that one response may be awarded by the ESCNJ for multiple members located throughout the State. Respondents responding to this RFB will prepare one (1) original paper response and one (1) labeled computer/electronic CD or Flash Drive copy. Respondents selected in response to this single RFB have the potential to provide products and services to public educational institutions, public colleges or universities, community colleges, vocational or technical schools, municipal governments, and other governmental and quasi-governmental organizations serving current and future members of the ESCNJ Cooperative Pricing System. The ESCNJ will publish notice of the RFB. Respondents will send responses to the ESCNJ receiving point for all Co-op Members. Responses will be evaluated by the ESCNJ, and after Board approval, bids will be awarded to the selected respondent(s). Contracts awarded through cooperative pricing must meet the procurement laws of the State of New Jersey. When these laws are satisfied, an individual entity using these contracts is deemed in compliance with bidding regulations. As allowed by New Jersey statutes, they can issue purchase orders for any amount without the necessity to prepare their own RFP, or gather necessary quotations. This saves the entity time and allows for economical and efficient purchasing. State laws permit or encourage cooperative purchasing contracts in the belief that lower prices will be the result. A contract issued by a cooperative can be used by hundreds of separate political units, but if it has the same or higher prices than what a single agency can get through its own bid, a cooperatively bid contract makes no sense. ESCNJ requests that respondents only respond if they are able to offer prices lower than what they ordinarily offer on separate, public educational institution, public college or university, community college, vocational or technical school, municipal government, and other governmental and quasi-governmental organization contracts. “ESCNJ” may be used interchangeably with the Educational Services Commission of New Jersey, as may Co-op member as ESCNJ Cooperative member. QuestionsSubmit all questions about the RFB in writing, referencing the ESCNJ Bid #18/19-66, to Patrick M. Moran, 1660 Stelton Road, Second Floor, Piscataway, NJ 08854, by fax to Patrick M. Moran at (732) 777-9855, or by email to Patrick M. Moran at coop@ESCNJ.us. All questions and responses will be available on the ESCNJ website (ESCNJ.us/bidding) as addenda or clarifications and will become part of the bid documents. Those not having access to the internet may call Patrick M. Moran at (732) 777-9848, extension 3120, to determine if addenda have been issued, or may request to Patrick M. Moran in writing or by fax that copies of the questions and responses be mailed. Questions received after @ 2:00 p.m. on March 29, 2019 cannot be answered. All addenda shall comply with N.J.S.A. 18A:18A-21. Fees: The ESCNJ charges awarded contractors an administrative or participation fee. These fees are based on the total sales for which a vendor has received payment. All sales volumes resulting from this contract must be recorded by the contractor and reported to the ESCNJ on a quarterly basis. The reporting schedule is provided below for the convenience of the prospective respondent. ESCNJ Fee2.0%ezIQC Fee (Consultant)6.25%In addition to the ESCNJ fee, the contractor will be required to pay to the Consultant, a 6.25% fee. Both the ESCNJ fee and the Consultant fee shall be included in the Contractor’s competitively bid Adjustment Factors.The Consultant for this contract is: Gordian30 Patewood Drive, Suite 350Greenville, SC 29615If the contractor performs work for a Co-op Member pursuant to this Contract, the Contractor agrees to pay the 8.25% fee (ESCNJ fee and Consultant fee) due and payable within five (5) days from the date that the Contractor receives payment from a Co-op Member. The 8.25% fee will be calculated as follows: 0.0825 x the payment received from the Co-op Member. The Contractor shall have no claim or right to any portion of the fees. Failure to pay fees in a timely manner shall be considered a material breach of this Contract and, at the ESCNJ’s sole discretion, may be deemed grounds for termination of this Contract. Remittance of Fees: The Contractor shall remit the fees to the following address:Make Checks Payable to:Mail Checks to: Mail Checks to:ezIQC, LLC Educational Services Commission of New Jersey (or ESCNJ)Attention: A/R DepartmentBright Beginnings Learning Center 30 Patewood Drive, Suite 3501660 Stelton Road, Second FloorGreenville, SC 29615Piscataway, NJ 08854All sales volumes resulting from this contract must be recorded by the contractor and reported to the ESCNJ on a quarterly basis. The reporting schedule follows: QuarterQuarter PeriodReport due to ESCNJCheck due to ESCNJQuarter 1July 1st – September 30thOctober 15th October 30th Quarter 2October 1st – December 31stJanuary 15thJanuary 30th Quarter 3January 1st – March 31stApril 15thApril 30th Quarter 4April 1st – June 30thJuly 15th July 30th An essential part of the bid evaluation process is to qualify the company being considered. All bids must contain answers or responses to the information requested in the Bid Forms. Any respondent failing to provide the required documentation may be considered non-responsive. Respondents must be able to provide products and services to all ESCNJ members. The respondent is required to have extensive knowledge of the installation and maintenance of the products offered. The ESCNJ and/or Co-op Members reserve the right to accept or reject companies solely based on information provided in the bid and/or its own investigation of the company. Please note that individual ESCNJ Co-op Members identified below may participate in any contract awarded under this solicitation. However, this does not guarantee or mean that the individual ESCNJ Co-op Members will enter into a contract with any ESCNJ approved vendor. Each ESCNJ Co-op Member will make that determination after reviewing vendor responses and ESCNJ’s recommendation for acceptance and bid award. The ESCNJ Co-op Members’ contracting decision shall be final. All operating school districts in New Jersey are eligible for membership in the ESCNJ Cooperative Pricing System, along with other public educational institutions, including public colleges or universities, community colleges, vocational or technical schools, municipal governments, and other governmental and quasi governmental organizations. A response to this bid acknowledges that new Co-op Members to the ESCNJ Cooperative Pricing System will be offered the same terms and conditions, as well as the pricing current Co-op Members receive. Current Educational Services Commission of New Jersey Co-op MembersPlease view the list at this link on the ESCNJ website: note that individual ESCNJ Co-op Members identified in the link above may participate in any contract awarded under this solicitation. However, this does not guarantee or mean that the individual ESCNJ Co-op Members will enter into a contract with any ESCNJ approved vendor. Each ESCNJ Co-op Member will make that determination after reviewing vendor responses and ESCNJ recommendation for acceptance and bid award. The ESCNJ Co-op Members contracting decision shall be final as any award made by the ESCNJ Co-op is not binding on its members. All operating school districts in New Jersey are eligible for membership in the ESCNJ Cooperative Pricing System along with other public educational institutions, public colleges or universities, community colleges, vocational or technical schools, municipal governments, and other governmental, quasi-governmental, or non-profit organizations. A response to this bid acknowledges that new members to the ESCNJ CPS will be offered the same terms and conditions as well as the pricing current Co-op Members receive.Bids must be sealed, and the envelope to bear the following information: Title:Job Order Contracting - PavingBid No.:ESCNJ 18/19-66Name and Address of the Respondent and delivered to the Business Office of the Educational Services Commission of New Jersey on or before: Date:April 17, 2019Time:11:00 a.m.The bid opening process will begin on the above date and time. No bids shall be received after the time designated in the advertisement. (N.J.S.A. 18A:18A-21 (b)). All respondents are required to comply with the requirements of N.J.S.A. 10:5-31 et. seq., Affirmative Action Against Discrimination and N.J.A.C. 17:27 et. seq. If applicable, each bid shall be accompanied by a bid bond, cashier’s check or certified check made payable to the Educational Services Commission of New Jersey, for ten percent (10%) of the amount of the total bid, however, not to exceed $20,000. Corporate respondents are required by law (Chapter 33, Laws of 1977) to submit a list of names and addresses of all stockholders owning 10% or more of their stock. A Non-Collusion Affidavit and a Contractor Questionnaire/Certification also must be filed with the bid. The bid package will also include other documents that must be completed and returned with the bid. Failure to comply with the Instructions to Respondents and to complete and submit all required forms may be cause for disqualification and rejection of the bid. The ESCNJ reserves the right to reject any or all bids pursuant to N.J.S.A. 18A:18A-2(s), (t), (x), (y), 18A:18A-4(a), 18A:18A-22, and to waive any informalities. The ESCNJ further reserves the right to take such alternates as they deem appropriate, and in any order that the ESCNJ feels may be in the best interest of the ESCNJ Co-op Members. EDUCATIONAL SERVICES COMMISSION OF NEW JERSEYBUSINESS OFFICE1660 Stelton RoadSecond FloorPiscataway, New Jersey 08854Patrick M. MoranBUSINESS ADMINISTRATORVOICE: (732) 777-9848, Ext. 3120BOARD SECRETARY/QPAFAX: (732) 777-9855To: All VendorsUNAUTHORIZED ORDERSAuthorized PurchasesThe ESCNJ only recognizes purchases made through the approved purchase order process. Respondents should follow all Co-op Members purchasing guidelines. All purchases require a: Written Purchase Order with authorized signatures and a Purchase Order Number.Unauthorized PurchasesAny Co-op Member who orders and/or receives any materials, supplies or services without first going through the approved purchase order process has made an unauthorized purchase. Vendors’ ResponsibilityDo NOT Honor Requests! Vendors are not to honor or accept any requests for goods or services unless the vendor receives a written purchase order with authorized signatures and a purchase order number.Contact the Business Office!Please alert the ESCNJ Co-op when any Co-op Member employee attempts to place an order without an authorized purchase order. You will NOT get paid! The Co-op Members will not be held responsible for any unauthorized orders or purchases. Educational Services Commission of New JerseyBusiness Office 1660 Stelton RoadSecond FloorPiscataway, New Jersey 08854ADVISORY INFORMATION FOR RESPONDENTS1. PROMPTNESS OF BID SUBMITTAL It is the responsibility of the respondent to ensure that their bid is presented at the ESCNJ Business Office before the date and time fixed for closure of the bid period. This will occur promptly for this bid on April 17, 2019 @ 11:00 a.m. No extensions or exceptions will be made. The Business Office is opened Monday through Friday from 8:30 am – 4:00 pm according to the school calendar and 8:30 am – 4:00 pm during the summer. Access to the Business Office may be delayed because of security clearance. 2. PARKINGParking in the vicinity of the ESCNJ Administration Building is at a premium. Allow enough time to locate a parking space.3. MAILMail is brought to the Business Offices approximately 12:00 pm each day. The mail is then sorted by department. The Business Office routinely receives its mail at approximately 1:00 pm. 4. UPS/FED EX/AND OTHE EXPRESS DELIVERY SERVICES Deliveries of this type are usually made from 11:00 a.m. onward. These items are brought only to the receptionist at the main building entrance. The receptionist then calls the various departments with a request to pick up their items. There may be some delay in getting bids to the Business Office on the second floor. 5. HAND DELIVER BIDS – SUGGESTED PRACTICE Keeping the aforementioned items in mind, the ESCNJ suggests that respondents arrange to hand deliver their bid to the Business Office, and personally turn it in to the Purchasing Agent before the time set for closure of the bid period. Please understand that bids arriving after the advertised date and time for any reason cannot be accepted or opened. BID CHECKLIST*A. Documents to be returned with bid and in the order listed below:1.Bid Proposal Form13.Respondent Comment Form – Optional 2.Acceptance of Bid and Contract Award 14.W-9 Form3.Acknowledgement of Addenda 15.Prevailing Wage Certification4.Affirmative Action Questionnaire or Certificate of Employee Information Report stapled to Questionnaire16.Contractor/Vendor Questionnaire/Certification5.Certificate (Consent) from Surety (Only if required)17.Certificate of Insurance with the Educational Services Commission of New Jersey named as the insured party6.Chapter 271 Political Contribution Disclosure Form18.Statement of Suspension or Debarment Form7.Stockholders’/Partnership Disclosure Affidavit and Ownership Declaration19.Disclosure of Investment Activities in Iran Form8.Request for Clarifications Form 20.NJ DPMC Notice of Classification9.New Jersey Business Registration Certificate **(Received no later than the time of award)21.Public Works Contractor Registration Act Certificate10.Non-Collusion Affidavit22.Certificate of Authority to perform work in NJ issued by the Division of Taxation11.Affidavit Bid Guarantee (Bid Bond, Cashier’s Check or Certified Check) (Only if required) Not required for this bid23.School Development Authority Certification (only required if receiving SDA funding)12.ESCNJ Co-op QuestionnaireThe documents listed above, when required, are to be submitted with the bid package.* Failure to submit them may be cause for disqualification for being non-responsive pursuant to N.J.S.A. 18A:18A-2(y). ** The New Jersey Business Registration Certificate must be submitted no later than the time of the award of a contract. Failure to submit a valid Business Registration Certificate may result in rescindment of a contract. B. Reminder ChecklistAs a courtesy, the ESCNJ has prepared this reminder checklist for items pertaining to this bid. The checklist is not considered to be all-inclusive. Respondents are to read and become familiar with all instructions outlined in the bid package. ItemYesNo1.Have you verified your pricing to ensure accuracy?2.Have you answered questions full and accurately?3.Have you signed all of your documents (blue ink)? No facsimile signature. 4.Have you prepared all documents for submission?5.Did you place all documentation in the specified order?6.Did you make a copy of your bid package? (We need one original, and one labeled electronic copy – CD Rom or Flash Drive)7.Did you provide all documentation for your dealers? (Only if naming dealers.)8.Did you submit a Bid Guarantee? Consent of Surety? (Only if required.) N/A9.Did you correctly address the envelope?10.Have you allowed ample time for the bid to reach the Business Office? Educational Services Commission of New Jersey1660 Stelton RoadSecond FloorPiscataway, New Jersey 08854GENERAL SPECIFICATIONSMr. Patrick M. MoranBusiness AdministratorBoard Secretary/QPAEducational Services Commission of New JerseyJob Order Contracting - PavingINSTRUCTIONS TO RESPONDENTS1. BIDS ARE TO BE RETURNED TO:Mr. Patrick M. Moran, Business AdministratorBoard Secretary/QPABusiness Office – Second FloorEducational Services Commission of New Jersey1660 Stelton Road Piscataway, New Jersey 08854BY: 11:00 a.m. PREVAILING TIME ON: April 17, 2019 2. Bids must be placed in a sealed envelope marked as shown below on the front of the envelope. Respondents should also keep a complete copy of the bid packet, exactly as submitted. One original copy shall be submitted along with one labeled electronic copy. (CD or Flash Drive)District: Educational Services Commission of New JerseyBid Number:ESCNJ 18/19-66Project:Job Order Contracting - PavingBid Date:April 17, 2019Bid Time:11:00 a.m. Respondent:Name of Company Address: _______________________________________________City, State, Zip: _______________________________________________Envelope Label Information:The ESCNJ does not accept electronic (e-mail) submission of bids. 3. BID OPENING MEETINGAll bids will be publicly opened in the ESCNJ meeting rooms (Second Floor), and read beginning at 11:00 a.m. on April 17, 2019. Respondents and/or their authorized agents, and the general public are invited to be present at the bid opening. It is the responsibility of each respondent to ensure that their bid is complete, and presented to the Business Office before the bid date and time. Bids will not be accepted or received by the ESCNJ after the advertised bid date and time. (N.J.S.A. 18A:18A-21 (b)). 5. AFFIRMATIVE ACTION REQUIREMENTSEach contractor shall submit to the public agency, after notification of award, but prior to execution of a goods and services contract, one of the following three documents: i. Appropriate evidence that the contractor is operating under an existing federally approved or sanctioned affirmative action program; or ii. A Certificate of Employee Information Report approval issued in accordance with N.J.A.C. 17:27-4; or iii. An employee information report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor, in accordance with N.J.A.C. 17:17-4. Please note: A completed and signed Affirmative Action Questionnaire is required with submission of bid. However, the ESCNJ will accept in lieu of the Questionnaire, Affirmative Action Evidence stapled to the Affirmative Action Questionnaire form. “If awarded a contract, your company/firm will be required to comply with the requirements of N.J.S.A. 10:5-31 et. seq. and N.J.A.C. et. seq.”6. AMERICANS WITH DISABILITIES ACT The contractor must comply with all provisions of the American with Disabilities Act (ADA), P.L. 101-336, in accordance with 42 U.S.C. S12101 et. seq. 7. BID GUARANTEE AND BONDING REQUIREMENTS (N.J.S.A. 18A:18A-24)Please note: The name, address, and phone number of the Bond Underwriter as well as the Bond Number shall be included with all bonds submitted to the ESCNJ. A. Bid Guarantee REQUIRED NOT REQUIRED Each bid, when required, shall be accompanied by a bid bond, cashier’s check or certified check in the amount of $20,000.00 (Twenty-thousand dollars). When required, each bid shall be accompanied by a bid bond, cashier’s check or certified check for ten percent (10%) of the amount of the annual contract, but not in excess of $20,000. This guarantee shall be made payable to the Educational Services Commission of New Jersey. Such deposit shall be forfeited upon refusal of a respondent to execute a contract; otherwise, checks shall be returned when the contract is executed and surety (performance) bond is filed with the Educational Services Commission of New Jersey. The bid security check for unsuccessful respondents will be returned as soon after the bid opening as possible, but in no event, later than ten (10) days after the bid opening. Uncertified business checks, personal checks, or money orders are not acceptable. All bid bonds submitted must be signed and witnessed with original signatures. The ESCNJ will not accept facsimile or rubber stamp signatures on the bid bond. Failure to sign the bid bond by either the Surety or Principal shall be deemed cause for disqualification of the bid. The Attorney-in-Fact who executes the bond on behalf of the surety shall affix to the bond, a certified and current copy of the Power of Attorney. The ESCNJ will only accept bid bonds from companies that are licensed and qualified to do business in the State of New Jersey. Such a list (Approved Surety Companies) may be available upon request to the State of New Jersey, Department of Banking and Insurance, P.O. Box 325, Trenton, New Jersey 08625.Failure to submit a bid guarantee when required shall be cause for disqualification and rejection of bid. B. Certificate (Consent) of Surety REQUIRED NOT REQUIRED When required, each respondent shall submit with its bid a certificate from a surety company stating that the surety company will provide the contractor with a payment and performance bond in an amount equal to the purchase order price for each project (N.J.S.A. 18A:18A-25). Such surety company must be licensed and qualified to do business in the State of New Jersey. The certificate (consent) of Surety, together with a power of attorney, must be submitted with the bid. Failure to submit the Certificate (consent) of Surety will be cause for disqualification and rejection of bid. C. Performance Bond REQUIRED NOT REQUIRED A payment and performance bond is not required at the time of bidding. However, a Co-op Member may require the contractor to provide a payment and performance bond prior to issuing a purchase order for a particular project. When required, the successful respondent shall furnish a payment and performance bond in a sum of at least equal to one hundred percent (100%) of the total purchase order amount. Such bond shall be in the form required by statute. If the Contractor is required to submit a payment and performance bond, the Co-op Member shall reimburse the Contractor the actual cost of such bonds not to exceed 2% of the purchase order price. The Contractor shall provide such documents as the Co-op Member may require evidencing the actual cost of the bonds. Such bond shall further carry a stipulation that no advance, premature, excessive or delayed payments by the Owner shall in any way affect the obligation of the Surety on its bond. Such bond shall further stipulate that no payments made to the Contractor, nor partial or entire use of occupancy of the work by the Owner shall be an acceptance of any work or materials not in accordance with this Contract and the Surety shall be equally bound to the same extent as the Contractor. It is expressly stipulated that the Surety for the Contractor on the project shall be obligated to make periodic inquiries of the Owner at reasonable times, to determine whether its Principal has performed or was performing the Contract in accordance with all of its terms and conditions, particularly in relation to the progress payments scheduled under said Contract with the Owner. In the event the Contractor defaults or fails to perform or finish the work prescribed under the purchase order for any reason whatsoever, it shall become the unqualified obligation of the Surety for the defaulting contractor to complete the purchase order in accordance with its terms following receipt of notice from the owner of such default. The successful respondent shall execute formal contract with the Co-op Member in the form required and in such number of counterparts as the Co-op Member may request. The Co-op Members will only accept payment and performance bonds from surety companies that are licensed and qualified to do business in the State of New Jersey. 8. BID PRICE GUARANTEE – Sixty (60) DaysWhen the ESCNJ requests bid prices for supplies, materials and equipment, the winning respondent(s) shall agree to guarantee the bid price(s) for a period of sixty (60) days from the Bid Opening or until an award is made except that the bids of bidders who consent thereto may, at the request of the ESCNJ Co-op, be held for consideration for such longer period as may be agreed. 9. BID PRICES In the event of discrepancy between the unit price and the extension, the unit price will govern. The ESCNJ assumes no responsibility to recalculate totals if award is made on the basis of totals. 10. BID PROPOSAL FORM All bids are to be written in by typewriter or ink (or with computer if applicable) in a legible manner on the official Bid Proposal Form. Any bid price showing any erasure or alteration must be initialed by the respondent in ink, at the right margin next to the altered entry. Failure to initial any erasure or alteration may be cause to disqualify that particular bid entry. If the disqualified entry is a required one, the entire bid may be subject to rejection, so please fill out all entries with care. The Bid Proposal Form must be duly signed by the authorized representative of the company in the appropriate space, at the end of the Bid Form. Failure to sign the Bid Proposal Form may be cause to disqualify the entire bid. If the Bid Proposal Form contains more than one sheet, then respondents are requested to affix the company name and address on each intervening sheet between the front sheet and the signature sheet which already bears the company information. The ESCNJ will not consider any bid on which there is any alteration to, or departure from, the bid specifications. Respondents are not to make any changes on the Bid.Proposal Form, or qualify their bid with conditions differing from those defined in the contract documents. If respondents do make changes on the Bid Proposal Form, except as noted above for initialed clerical mistakes, it shall be cause to disqualify that particular bid as non-responsive. N.J.S.A. 18A:18A-2(y). By submitting a proposal, the respondent covenants that he has carefully examined the contract documents, addenda, if any, and the site; and that from his investigation, he has satisfied himself as to the nature and location of the work, the general and local conditions and all matters which may in any way affect the work or its performance, and that as a result of such examination, he fully understands the intent and purpose thereof, his obligations thereunder, and that he will not make any claim for, or have any right to damages because of the lack of any information. Each respondent submitting a bid for a service contract shall include in his bid price all labor, materials, equipment, services, and other requirements necessary, or incidental to, the completion of the work, and other pertinent work as hereinafter described, in accordance with the contract documents. Respondents are to submit one bid price per item. The ESCNJ will not accept multiple bids on an individual basis, nor will the ESCNJ accept a “bottom line” or “all or none” bid subject to the respondent receiving the entire contract. 11. BRAND NAME OR EQUIVALENT Products and brand names specified in this bid are examples of the type and quality of products required by the ESCNJ and its members, but are not necessarily statements of preference. Reference to a particular brand name or item does not preclude an offer of comparable or better product. The ESCNJ will consider “brand name or equivalent” items. If the respondent desires to bid an equivalent item, they must do the following: a. On the Bid Proposal Form, type or write in ink next to the item requested, the respondent’s substitute item, including the brand name, model number, and a full description of the item. This is the only change to the Bid Proposal Form the ESCNJ will accept.b. Provide a detailed written or typed statement, demonstrating the equivalency to the item requested. This statement must be prepared and provided by the respondent. Descriptive literature (brochures, catalogs, etc.) are not substitutes for the equivalency statement, although you may include them with your bid. Failure to provide the equivalency statement may render a bid non-responsive. The respondent shall also provide the following, if requested by the ESCNJ: c. Provide a sample of the substitute item. The sample item must be provided before, at the time of bid opening, or upon request by the ESCNJ, but prior to the award of bid or as otherwise specified in the bid. A paper, brochure, or illustrative literature shall be provided with the sample item, outlining the brand/manufacturer name, model number, and a full description of the item(s).d. If a sample is not required, the ESCNJ requests a brochure, pamphlet, or illustrative literature outlining the item’s specifications, including the manufacturer’s name, model number, etc.Failure to provide a sample item or literature about substitute bids when requested may be cause for disqualification of that item from the bid. Please note: Respondents are to only bid brand name or equivalent. The ESCNJ will not accept multiple bids on individual items. 12. BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44)Pursuant to N.J.S.A. 52:32-44 as amended by P.L. 2004 – Chapter 57, all respondents shall submit prior to award of bid, a copy of their “New Jersey Business Registration Certificate” as issued by the Department of Treasury of the State of New Jersey. Failure to provide the New Jersey Business Registration Certification prior to award may be cause for the rejection of the entire bid. Goods and Services ContractsN.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) The contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor; 2) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract, the contractor and its affiliates shall collect, remit, and notify all subcontractors and their affiliates that they must collect and remit to the Director of the New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling 1-609-292-9292. Construction ContractsN.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor; 2) subcontractors through all tiers of a project must provide written notice to their subcontractors and suppliers to submit proof of business registration and subcontractors shall collect such proofs of business registration and maintain them on file; 3) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors and suppliers or attest that none was used; and, 4) during the term of this contract, the contractor and its affiliates shall collect and remit and shall notify all subcontractors and their affiliates that they must collect and remit, to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor or supplier that fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements are available by calling 1-609-292-9292. 13. CHALLENGES TO BID SPECIFICATIONS (N.J.S.A. 18A:18A-15) Any prospective respondent who wishes to challenge a bid specification shall file such challenges in writing with the purchasing agent no less than three (3) business days prior to the opening of bids. Challenges filed after that time shall be considered void and having no impact on the ESCNJ or the award of contract. 14. COMPLIANCE WITH ALL LAWS – Where applicable Special attention is called to requirements for Public Liability and Property Damage Insurance, Workmen’s Compensation Insurance, Social Security Act, Labor, Employment, Unemployment, Wages, Hours, Discrimination in Employment and Assignment of Contract. The provisions of the New Jersey School Law shall bind all parties and interests to the Contract. Contractor shall comply with all Federal and State Laws, and all rules and regulations of health, public or other authorities controlling or limiting the methods, materials to be used or actions of those employed in work of this kind. Any labor or material in addition to that described in the specifications and which is necessary to comply with these laws, rules, ordinances or regulations shall be provided by the Contractor. Contractor shall keep himself informed of all existing and future State and Federal Laws in any manner affecting those engaged or employed in the work, and shall protect and indemnify the Owner, its officers, members and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation order or defects. Contractor is to comply with the New Jersey State Uniform Construction Code and the City of each Co-op Member’s City Construction Code. Contractor is to obtain local municipal building permit and pay for same. Contractor is to abide by local inspection requirement.15. CONTRACTSA. Award of Contract, Rejection of Bid(s)The contract shall be awarded, if at all, to the lowest responsible respondent as determined by the ESCNJ. The Respondent must be classified in the appropriate trade by the Department of Treasury, Division of Property Management and Construction, in an aggregate amount at least equal to the Estimated Annual Value of the contract. The ESCNJ reserves the right to reject any or all bids pursuant to N.J.S.A. 18A:18A-2 (s), (t), (x), (y), 18A:18A-22, and to waive any formalities and to take such alternates that the Board feels are in the best interests of the Co-op Members. Pursuant to N.J.S.A. 18A:18A-36 the ESCNJ shall award the contract or reject all bids within sixty (60) days, noting the exception highlighted in the law. B. Equal Prices Pursuant to N.J.S.A. 18A:18A-37(d) when two or more respondents submit equal prices and the prices are the lowest responsible bids, the ESCNJ may award the contract to the vendor whose response, in the discretion of the ESCNJ, is the most advantageous, price and other factors considered. C. Return of Contracts and Related Contract Documents – When required Upon notification of award of contract by the ESCNJ, the successful respondent shall sign and execute a formal contract agreement between the ESCNJ and the respondent, when required.If a formal contract is not required by the ESCNJ, an approved and signed Co-op Member Purchase Order will constitute as a contractual agreement. When a formal contract is required the successful respondent shall sign and execute said contracts and return said contracts along with the following: 1. Performance Bond in the total amount of the contract (if required)2. Insurance Certificate with the ESCNJ as an additional insured (if required)3. Affirmative Action Evidence Affirmative Action certificate or complete form AA-302 and return the pink copy4. Other required documents as may be outlined in the bid specificationsThe executed contracts must be returned to: Mr. Patrick M. Moran, Business Administrator,Board Secretary, QPAEducational Services Commission of New Jersey1660 Stelton RoadSecond FloorPiscataway, New Jersey 08854within twenty-one (21) days of receipt of notification. Failure to execute the contract and return said contract and related documents within the prescribed time may be cause for a delay in payment for services rendered or products received or the annulment of award by the ESCNJ with the bid security becoming property of the ESCNJ. The ESCNJ reserves the right to accept the bid of the next lowest responsible respondent. D. Renewal of Contract; Availability and Appropriation of Funds The ESCNJ may, at its discretion, request that a contract for services be renewed in full accordance with N.J.S.A. 18A:18A-42. The School Business Administrator may negotiate terms for a renewal of contract proposal and present such negotiated proposal to the Board. All multi-year contracts and renewals are subject to the availability and appropriation annually of sufficient funds as may be needed to meet the extended obligation. The ESCNJ is the final authority in awarding renewals of contracts. E. Term of Contract The successful respondent, to whom the contract is awarded, will be required to do and perform the work/services and to provide and furnish the materials in connection therewith in accordance with the plans and specifications on or before the date listed in the General Specifications. The term will be for (2) two years with extension as permitted by New Jersey law.F. Purchase Order Required; Notice to Proceed No contractor or vendor shall commence any project or deliver any goods until he is in receipt of an approved purchase order authorizing work to begin or goods to be delivered. Contract Award and Implementation The ESCNJ will perform initial bid review and recommend select Respondents for ESCNJ Board Approval. Successful Respondents will be notified that their contract has been approved by the Board. It is the responsibility of the approved Respondent to provide a complete bid package to the Co-op Member if requested by a Co-op Member. The approved respondent and the ESCNJ will then work out details of contract implementation including: Signing the contract Note: Once the contract is signed, the approved respondent becomes a contractor for the Co-op Member.Marketing plan for the ESCNJ and the Contractor Order processing procedures Contract roll-out activitiesContact management for the Contractor and the Co-op MembersAdvertising, flyers, website access, etc.It is not guaranteed that each Co-op Member will enter into a contract with the ESCNJ approved Respondents. The final decision as to the appropriateness of a contract for a Co-op Member rests solely with that Co-op Member. ESCNJ reserves the right to award a contract to one or more Respondents. 16. DELIVERY FOB Destination, Freight Prepaid – The successful respondent, to whom the contract is awarded, retains title and control of goods and selects the carrier and is responsible for the risk of transportation; title passes to the ESCNJ upon delivery and ownership by the ESCNJ; the successful respondent pays and bears the costs of all freight and delivery charges listed below. The ESCNJ recognizes two (2) types of delivery: A. Inside Delivery Items are to be delivered to a Co-op Member’s location and taken off the truck by transportation carrier personnel and brought to a designated area inside the school or office building. B. Spotted Delivery Items are to be delivered to a ESCNJ location and taken off the truck by transportation carrier personnel and brought to a designated area inside the school or office building. Transportation carrier personnel are responsible then to uncrate, setup, assemble items to determine good working order and remove all debris to the satisfaction of the Co-op Member. Vendors are cautioned to provide adequate personnel to deliver goods as none will be provided by the Co-op Member. If a specialized person is needed to setup, assemble or erect item, such assembly shall be completed within five (5) business days of the actual delivery date. Failure to assemble, setup, or erect item within the stated time may results in a $100.00 per day assessment against the respondent for each day items are not assembled, setup or erected. The Co-op Members will not be responsible for any extra delivery costs. All bid prices for materials, goods and supplies are to include all shipping, freight, delivery and handling costs. Specific delivery instructions are provided in the General Specifications. Please note! All packages, boxes, cartons, etc., when delivered, must be plainly marked on the outside as to contents, and the Co-op Member’s purchase order number must be clearly printed on the packages, boxes, cartons, etc. Delivery Guarantee The successful vendor(s) agree to deliver the item(s) so listed in the bid specifications within the prescribed number of days also outlined in the bid specifications. Delivery Times The successful vendor(s) shall deliver items to the Co-op Members Monday through Friday during normal business hours. Vendors are to secure written permission from the Co-op Member to deliver items during times other than previously mentioned. 17. DOCUMENTS, MISSING/ILLEGIBLEThe respondent shall familiarize himself/herself with all forms* provided by the ESCNJ that are to be returned with the bid. If there are any forms that the ESCNJ is to provide that are either missing or illegible, it is the responsibility of the respondent to contact the ESCNJ at (732-777-9848, extension 3120) for duplicate copies of the forms. This must be done before the bid date and time. The ESCNJ accepts no responsibility for duplicate forms that were not received by the respondent in time for the respondent to submit with his bid. All documents returned to the ESCNJ should be signed with an original signature in ink (blue). Failure to sign and return all required documents with the bid package may be cause for disqualification and for the bid to be rejected pursuant to N.J.S.A. 18A:18A-2(y) (non-responsive). The ESCNJ will not accept facsimile or rubber stamp signatures. Bidders must provide one (1) original hard copy of their bid. In addition, it is requested that bidders provide one (1) electronic copy on a flash drive with their bid. It is the bidder’s responsibility to ascertain that all documents submitted have been saved completely and appropriately to the flash drive. Bidders should test the flash drive on computers independent from the system on which they were created to make sure the documents can be opened. Electronic media that cannot be opened by the bid committee may result in the rejection of the proposal. The ESCNJ, its’ Co-op Members, affiliate agencies, and authorized representatives are not responsible for bid proposals that are incomplete, unreadable, or received after the deadline.18. ESTIMATED VALUEThe ESCNJ Co-op Membership is in excess of 1,250+ entities in New Jersey, consisting of local municipalities, public schools, vocational schools, County colleges, and other quasi-public entities. The sales and service volumes resulting from these awarded contracts are contingent upon the marketing efforts of the winning bidder(s) to the ESCNJ Cooperative Pricing System Membership.19. REQUESTS FOR CLARIFICATIONSAny requests for clarifications to the legal or technical terms of this IFB must be raised throughout the period of time allotted for questions and answers, as noted on page 4. Bidders are requested to follow the instructions for the submission of clarifications and/or questions, as stated on the Requests for Clarifications Form found on pages 62-63 of this IFB.20. FALSE MATERIAL REPRESENTATION – N.J.S.A. 2C:21-34-97(b)A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award or performance of a government contract. If the contract amount is for $25,000.00 or above, the offender is guilty of a crime in the second degree. If the contract amount exceeds $2,500.00, but is less than $25,000.00, the offender is guilty of a crime of the third degree. If the contract amount is for $2,500.00 or less, the offender is guilty of a crime of the fourth degree. 21. FORCE MAJEURENeither party shall be liable in damages for any failure, hindrance or delay in the performance of any obligation under this Agreement if such delay, hindrance or failure to perform is caused by conditions beyond the control of either party, including, but not limited to, Acts of God, flood, fire, war or the public enemy, explosion, government regulations whether or not valid (including the denial or cancellation of any export or other necessary license), court order, state funding, or other unavoidable causes beyond the reasonable control of the party whose performance is affected which cannot be overcome by due diligence. Vendors, and/or contractors who have a contract with the ESCNJ to provide goods or services cannot unilaterally claim an increase in the cost of the contract because of Force Majeure. 22. INDEMNIFICATION The respondent shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the ESCNJ and its agents, employees, Board members, the Consultant, and Co-op Members, from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses (including, but not limited to, attorneys fees) in connection therewith on account of the loss of life or property or injury or damage to any person, body or property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract. This indemnification obligation is not limited by, but is in addition to, the insurance obligations contained in this agreement. 23. INSURANCEThe respondent to whom the contract is awarded for any service work or construction work shall secure, pay the premiums for and keep in force until the contract expires, insurance of the types and amounts listed below: General Liability$2,000,000 General Aggregate$1,000,000 Products $1,000,000 Personal Injury $1,000,000 Each Occurrence $50,000 Fire Damage$5,000 Medical Expense Important!a. The contractor must present to the Co-op Member an insurance certificate in the above types and amounts before any work or service begins. b. Automobile liability insurance shall be included to cover any vehicle used by the insured.c. The contractor must include the following clause on the insurance certificate. “_________________ is named as an additional insured” Co-op Member. The Contractor shall at all times hold and save harmless the ESCNJ, the Consultant, and the Co-op Members, representatives, and employees of the ESCNJ against any and all suits, claims, costs, charges, and expense by reason of any damages or claims for damages arising from the negligence of the contractor, his agents, representative and employees. The Contractor is to assume all liability of every sort incident to the work, including property damage caused by him or his men or by any subcontractor employed by him or any of the subcontractor’s men. 24. OTHER INSURANCES WORKERS COMPENSATION Evidence of adequate Workers Compensation Insurance as required by the laws of the State of New Jersey and the United States, must be available for perusal. The minimum limits are the following, unless a greater amount is required by law: Bodily Injury by Accident $500,000 Each AccidentBodily Injury by Disease $500,000 Policy LimitBodily Injury by Disease $500,000 Each Employee Contract Liability Same as General Liability Automobile Liability $1,000,000 Per Occurrence 25. INTERPRETATIONS AND ADDENDA No interpretation of the meaning of the specifications will be made to any respondent orally. Every request for such interpretations must be made in writing to the ESCNJ at coop@ESCNJ.us and must be received prior to March 29, 2019 at 2:00 p.m. to be given consideration. Any and all interpretations and any supplemental instructions will be distributed in the form of written addenda to the specifications. The addenda will be provided in accordance with N.J.S.A. 18A:18A-21(c) to the respondents by certified mail, certified fax, email with receipt no later than seven (7) days Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids. All addenda so issued shall become part of the contract document. 26. LIABILITY – COPYRIGHT The contractor (vendor) shall hold and save the ESCNJ and Co-op Members, its officials and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of his contract. 27. LIQUIDATED DAMAGESLiquidated damages shall be assessed against the contractor in the amount as listed in the General Specifications and Contract should the contract/work/service not be completed in accordance with the plans and specifications. 28. NON-COLLUSION AFFIDAVITA notarized Non-Collusion Affidavit must be submitted with the bid. (N.J.S.A. 2A:93-6)29. PAYMENTSEvery effort will be made to pay vendors and contractors within thirty (30) to sixty (60) days provided the Co-op Member receives the appropriate documentation including but not limited to:Signed Application for PaymentCertified Payroll RecordsLien WaiversWritten Guarantees, andOther Documentation required by the Co-op MemberPayment will be rendered upon completion of services or delivery of full order to the satisfaction of the Co-op Member, unless otherwise agreed to by written contract or mandated by N.J.S.A. 18A:18A-40.1. The Co-op Member at its discretion may make partial payments. All payments are subject to approval by the Board at a public meeting. Payment may be delayed from time to time depending on the Board Meeting schedule. InvoicesThe invoice clearly outlines the goods received or services rendered and the date(s) the services were rendered. The invoice must include the full name and address of the company.The invoice must include the purchase order number from the Co-op Member.The invoice must include the bid number and State approved Co-op Member.The invoice must have the company’s invoice number that may be used as reference. The invoice must list the goods or services rendered. The invoice must be submitted to the Business Office.Invoices must be submitted within thirty (30) days of service. 30. POLITICAL CONTRIBUTIONS DISCLOSURE – REQUIREMENTSPursuant to N.J.A.C. 6A:23A-6.3 (a1-4) please note the following: Award of Contract – Reportable Contributions – N.J.A.C. 6A:23A-6.3 (a2)“No board of education will vote upon or award any contract in the amount of $17,500 or greater to any business entity which has made a contribution reportable by the recipient under P.L. 1973, c83 (codified at N.J.S.A. 19:44A-1 et. seq.) to a member of the board of education during the preceding one year period.” Contributions During Term of Contract – Prohibited – N.J.A.C. 6A:23A-6.3 (a2, 3) “Contributions reportable by the recipient under P.L. 1973, c83 (codified at N.J.S.A. 19:44A-1 et. seq.) to any member of the school board from any business entity doing business with the school district are prohibited during the term of the contract.” “When a business entity referred in 4.1(e) is a natural person, contribution by that person’s spouse or child that resides therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity.” Chapter 271 Political Contribution Disclosure Form – Required – N.J.A.C. 6A:23A-6.3 (a4)All respondents shall submit with their bid package a completed and signed Chapter 271 Political Contribution Disclosure Form. The Chapter 271 form will be reviewed by the district to determine whether the vendor is in compliance with the aforementioned N.J.A.C. 6A:23A-6.3 (a2) Award of Contract. 31. POLITICAL CONTRIBUTION DISCLOSURE STATEMENT – PAY TO PLAY A business entity as defined by law is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005 Chapter 271 section 3) if the business entity receives contracts in excess of $50,000 from public entities in a calendar year. It is the business entity’s responsibility to determine if filing is necessary. Additional information on this requirement is available from the New Jersey Election Law Enforcement commission at 1-888-313-3532 or at elec.nj.us. 32. PRODUCT GUARANTEE; NO SUBSTITUTIONSThe successful respondent shall guarantee that all goods and materials supplied shall be new, unused and meet the specifications as noted in this bid. The ESCNJ and Co-op Members will not accept substituted items that deviate from the items listed on the purchase order.33. QUALIFICATION OF RESPONDENTS – Contractor Questionnaire Certification Form The ESCNJ may make such investigations as it seems necessary to determine the ability of the respondent to perform the terms of the contract. The respondent shall complete a Contractor Questionnaire Certification Form and return same with the bid and shall furnish all information to the ESCNJ as the ESCNJ may require to determine the contractor’s ability to perform the duties and obligations as outlined in these specifications. a. RESPONDENT COMMENT SHEET This form is for respondent’s use in offering voluntary alternates, or other comments intended to afford the Board information or opportunities to improve the quality of the project, without invalidating the bid proposal. It may not be used to take exception to specific conditions of the project defined in the contract documents which the respondent does not like. The bid provided must be based upon the plans and specifications, and all contract conditions, as stated. If these documents or conditions contain some untenable item, or extremely expensive provision, for example, to which the respondent wishes to raise objection, this must be done at he pre-bid meeting, or in writing to the Architect or Purchasing Agent through the question process outlined in the Instructions to Respondents. Such inquiries will have response issued by addendum only, and the resulting decision circulated to all respondents or record. b. RESPONDENT’S RESPONSIBILITY FOR BID SUBMITTALIt is the responsibility of the respondent to ensure that their bid is presented to the Business Office and officially received before the advertised date and time of the bid. It is understood and agreed upon that any person in the ESCNJ will be absolved from responsibility for the premature opening of any bid not properly labeled and sealed. 34. RIGHT TO KNOW LAW All potentially hazardous materials or substances must be properly labeled in full accordance with the New Jersey Right to Know Law – N.J.S.A. 34:5A-1 et seq. All contractors or vendors who need additional information about the New Jersey Right to Know Law are to contact the: New Jersey Department of HealthRight to Know UnitEnvironmental & Occupational Health Assessment ProgramP.O. Box 368Trenton, New Jersey 08625-036835. SAMPLESFrom time to time, the ESCNJ may require the submission of samples to assist in evaluation of bids either before, at the time of the bid or before award of bid at no charge to the ESCNJ, in order to ascertain whether or not a product will be suitable for the purpose for which it is intended. If it is specifically stated elsewhere in the bid documents that samples are required, full size samples must be submitted not later than the official BID OPENING. Failure to submit said samples may be regarded as a basis for rejecting the bid. Samples may be impounded until satisfactory completion of the contract. Otherwise, all samples must be picked up by the respondent within thirty (30) days of the award of contracts or said samples will be presumed abandoned and the ESCNJ will dispose of them as seen fit. 36. STOCKHOLDERS’ DISCLOSUREAll respondents are hereby notified that every corporation and partnership, according to the provision of Chapter 33, Laws of 1977 of the State of New Jersey, must submit a statement prior to the receipt of the bid or accompanying the bid, setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all partners in the partnership, who own 10% or greater interest herein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed. 37. SUBCONTRACTING: ASSIGNMENT OF CONTRACT Contractors, services providers, and all vendors with whom the ESCNJ has an executed contract may not assign any part of the contract for goods or materials for ESCNJ and Co-op Member without first receiving written permission from the ESCNJ.Contractors, service providers, and vendors using subcontractors assume all responsibility for work performed by subcontractors. The ESCNJ must approve all subcontractors and will require all documentation as required of the bidder. In cases of subcontracting, the Co-op Member shall only pay the prime contractor. It is the sole responsibility of the prime contractor to ensure that all subcontractors are paid. The Co-op Member shall not be responsible for payments to subcontractors and shall be held harmless against any or all claims generated against prime contractors for nonpayment to subcontractors. Transportation carriers hired by the vendor to deliver goods and materials are not considered to be subcontractors. 38. PREVAILING WAGESWhere applicable, all vendors must adhere to NJ State Prevailing Wage laws; All subcontractors named in this bid understand the requirements of the subcontractor to pay prevailing wages in full accordance with the law, where applicable.39. TAXESAs a New Jersey governmental entity, the Co-op members are exempt from the requirements under New Jersey State sales and use tax (N.J.S. 54:32B-1 et. seq.), and does not pay any sales or use taxes. Respondents should note that they are expected to comply with the provisions of said statute and the rules and regulations promulgated thereto to qualify them for examinations and reference to any and all labor, services, materials and supplies furnished to the Co-op member. Contractors may not use the Co-op Members tax exempt status to purchase supplies, materials, service or equipment. 40. TERMINATION OF CONTRACT If the ESCNJ determines that the contractor has failed to comply with the terms and conditions of the bid and/or proposal upon which the issuance of the contract is based or that the contractor has failed to perform said service, duties and/or responsibilities in a timely, proper, professional and/or efficient manner, then the ESCNJ shall have the authority to terminate the contract upon written notice setting forth the reason for termination and effective date of termination. Termination by the ESCNJ of the contract does not absolve the contractor from potential liability for damages caused the Co-op Member by the contractor’s breach of this agreement. The Co-op Member may withhold payment due the contractor and apply same towards damages once established. The Co-op Member will act diligently in accordance with governing statutes to mitigate damages. Damages may include the additional cost of procuring said services or goods from other sources. The contractor further agrees to indemnify and hold the Co-op Member harmless from any liability to subcontractors or suppliers concerning work performed or goods provided arising out of the lawful termination of this agreement. 41. WITHDRAWAL OF BIDS Before the Bid Opening The Purchasing Agent may consider a written request from a respondent to withdraw a bid if the written request is received by the Purchasing Agent before the advertised time of the bid opening. Any respondent who has been granted permission by the Purchasing Agent to have his/her bid withdrawn cannot re-submit a bid for the same advertised bid project. The respondent shall also be disqualified from future bidding on the same project if the project is re-bid. After the Bid OpeningThe ESCNJ may consider a written request from a respondent to withdraw a bid, if the written request is received by the Purchasing Agent within five (5) business days after the bid opening. A request to withdraw a bid after the specified number of days will not be honored. The contractor/vendor who wishes to withdraw a bid must provide a certification supported by written factual evidence that an error or omission was made by the contractor and that the error or omission was a substantial computational error or an unintentional omission, or both. The request to withdraw a bid after the bid opening may be reviewed by the Purchasing Agent, the Director of Facilities, other interested administrators; and the Architect of Record for the project (if necessary) and/or the Board Attorney and a recommendation will be made to the ESCNJ. If the ESCNJ grants permission to have the bid withdrawn, the contractor/vendor shall be disqualified from bidding on the same project if the project is re-bid. If the contractor/vendor fails to meet the burden of proof to have the bid withdrawn, the request to withdraw the bid will be denied and if the contractor/vendor fails to execute the contract, the bid guarantee will be forfeited and become property of the ESCNJ. 42. DOCUMENTATIONThe Contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Educational Services Commission of New Jersey1660 Stelton RoadSecond FloorPiscataway, New Jersey 08854BID DOCUMENTS AND REQUIRED DOCUMENTATIONAll documents in this section shall be completed, signed and submitted with the bid package. Failure to submit the bid documents and other documents so specified shall be cause to reject the bid for being non-responsive (N.J.S.A. 18A:18A-2(y)). Mr. Patrick M. MoranBusiness AdministratorBoard Secretary/QPAEDUCATIONAL SERVICES COMMISSION OF NEW JERSEY1660 STELTON ROAD, SECOND FLOOR, PISCATAWAY, NEW JERSEY 08854Bid #ESCNJ 18/19-66 Bid Date: April 17, 2019 @ 11:00 a.m.Job Order Contracting – Paving Bid Proposal Form A: Requirements for BiddersPurpose of Bid: The ESCNJ Cooperative Pricing System is requesting bids for Job Order Contracting: Paving – Repair and Maintenance. The prices offered for services will be made available to over 1,250+ Co-op Members, consisting of local municipal governments, public schools, vocational schools, counties, and other quasi-public entities throughout the State of New Jersey. Successful respondents have the potential to serve over 1,250+ public entities; therefore, the ESCNJ asks that you provide better and more competitive pricing than what you would ordinarily offer to an individual public entity on a standalone bid. The Co-op’s objective is to provide the lowest pricing possible for a large pool of users, which affords vendors the opportunity of gaining a large number of customers throughout the State. Please consider this when bidding. Bidders will supply products that are made in the United States of America, when possible.Proof of Certification/Licenses: The Contractor(s) will provide copies of all applicable certificates and licenses required in the State of New Jersey to perform such work. The following documents must be submitted with the bid: New Jersey Department of Labor Public Works Contractor Registration Certificate New Jersey DPMC Notice of Classification – OR – New Jersey Department of Transportation Notice of Classification (subcontractors are not required to hold DPMC classification)A list of NJDOT pre-qualified vendors may be found at this link: of Work: Vendors will conform the Scope of Work listed in these specifications.It is required that vendors must follow the NJ Department of Transportation standard specifications listed at this link: Wage: Vendors must adhere to New Jersey State Prevailing Wage laws; any subcontractors named in this bid understand the requirements of the subcontractor to pay prevailing wages in full accordance with the law, where applicable. Respondents, as well as any named dealers, will complete and return with their bid, the Prevailing Wage Certification located in these specifications.Subcontracting: Respondents requiring the service of subcontractors must obtain prior written approval from the ESCNJ. Under no condition will any work specified be subcontracted without the ESCNJ’s prior written approval. Failure to adhere to this requirement may result in revocation of a contract. The Member may perform similar work with their own staff or through other contractors, as long as said similar work is awarded and/or performed in accordance with State procurement and bidding laws.All vendors must adhere to New Jersey State Prevailing Wage laws; any subcontractors named in this bid understand the requirements of the subcontractor to pay prevailing wages in full accordance with the law, where applicable. Indemnification: The Contractor(s) will not be held responsible for damages due to acts of vandalism, negligence or mishandling of property by others, or for damages resulting from acts of God such as storms or natural disasters, or for reasons or causes of any kind which are beyond their control. The Contractor(s) may be required to provide service to repair and remedy any such damages, however, if requested by a Co-op Member. Term: The term of this contract will be for (2) two years with extensions as permitted by law upon mutual agreement between the ESCNJ and the Contractor(s). Price increases during the term of the award are not allowed by New Jersey State law. All terms and conditions will apply throughout the duration of contract, as well as any extensions made. Quarterly Reporting: Awarded contractors are required to submit quarterly sales reports, per the terms noted in these specifications. All sales made through the ESCNJ contract must be reported; the ESCNJ takes a 2% fee on all sales for which you receive payment; The Gordian Group takes a 6.25% consultant fee. Awarded contractors agree to comply with timely submission of quarterly reports for all sales made through the resulting ESCNJ contract for Paving – Repair and Maintenance. Failure to submit accurate quarterly reports may render a vendor ineligible for extension of a contract.Proposal Forms: Respondents should complete the bid pricing forms which are available for download, along with the specifications, at this link: escnj.us/bidding The bid proposal forms must be completed, signed and submitted with the bid.The following two (2) bid proposal forms must be completed, signed and submitted with the bid: Bid Proposal Form A: Job Order Contracting – Paving: Repair and Maintenance – Requirements for Bidders Bid Proposal Form B: Job Order Contracting – Paving: Repair and Maintenance – Adjustment Factor Bid Form All bid forms and pricing sheets must be signed and dated. Failure to do so may render your bid non-responsive.Vendors are asked to submit one (1) original hard copy of their entire bid proposal and one (1) electronic copy of their bid proposal on a Flash Drive. Please do not submit an additional paper copy.Acknowledgement: We acknowledge that the requirements as set forth in this RFB Proposal Form A, as well as all of the specifications contained within this document will be incorporated as part of our contract with the ESCNJ Cooperative Members upon award. We have signed and attached Bid Proposal Form B with our adjustment factors and original signatures. All pricing quoted herein will remain firm throughout the duration of the contract with the ESCNJ._____________________________________________________________________________________________________________Company Name Date _________________________________________________________________________________________Authorized Representative (Print name) Title_______________________________________________________________Authorized Signature ESCNJ Repair & Maintenance ContractsSCOPE OF WORK1. SUMMARYThis is an indefinite quantity contract pursuant to which the Contractor may perform a series of individual projects for Co-op Members of the ESCNJ, at different locations within the Contractor’s primary geographic region. The bid documents include a Task Catalog containing repair and maintenance tasks with preset Unit Prices. All Unit Prices are based on local, material and equipment prices and are for the direct cost of work. The Contractor will bid two Adjustment Factors to be applied to the Unit Prices. One Adjustment Factor for performing work during Normal Working Hours and a second Adjustment Factor for performing work during Other Than Normal Working Hours. The same two Adjustment Factors shall apply to every Pre-priced Task in the Task Catalog.The Contractor will develop all Proposals in accordance with the Procedure for Developing all Proposals and Purchase Orders set forth below. Each Purchase Order issued by a Co-op Member will reference the Detailed Scope of Work and set forth the Project Completion Time and the Purchase Order Price. The Contractor shall complete each Detailed Scope of Work for the Purchase Order Price within the Project Completion Time.The form and terms of the Purchase Order will be determined by the Co-op Member.The Contractor does not have the right to refuse to perform any tasks, work or projects requested by a Co-op Member within its designated region and must perform all work in accordance with the Technical Specifications.Contractor must perform all work in accordance with the standard specifications set forth by the 2007 Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation available on its website at Contractor will perform work primarily in the designated region for this Contract. Provided, however, that if a contractor assigned to a different region is unable or unwilling to perform work, a Co-op Member in that region may request the Contractor to perform work for such Co-op Member. If the Contractor performs work for such Co-op Member, it shall be at the Contractor’s competitively bid Adjustment Factors, then in effect. The Contractor may decline work outside its designated region.The Consultant for this Contract is: Gordian30 Patewood Drive, Suite 350Greenville, SC 296151-800- 874-2291 hereinafter referred to as “Consultant.” 2. DEFINITIONSDetailed Scope of Work: The work described in the Purchase Order that the Contractor must perform for a particular project. Project Completion Time: The time specified in the Purchase Order within which the Contractor must complete the Detailed Scope of Work. Purchase Order Price: The amount set forth in the Purchase Order that the Contractor will be paid for performing the Detailed Scope of Work within the Project Completion Time. Supplemental Purchase Order: A secondary Purchase Order, developed after the initial Purchase Order has been issued for the purpose of changing, deleting from, or adding, work to the initial Detailed Scope of Work, and/or the Purchase Order Price, and/or the Project Completion Time.3. PROCEDURE FOR DEVELOPING ALL PROPOSALS AND PURCHASE ORDERSInitiationThe Co-op Member or Contractor will notify the Consultant of a potential project. The Consultant will schedule a Joint Scope Meeting with the Contractor and the Co-op Member as soon as practicable, generally, within seven (7) days.The Consultant will conduct a Joint Scope Meeting at which the parties will discuss, at a minimum:a.the general scope of the work;b.alternatives for performing the work and value engineering;c.access to the site and protocol for admission;d. hours of operation;e. staging area;f.requirements for professional services, sketches, drawings, and specifications;g.project schedule;h.the presence of hazardous materials;i.date on which the Proposal is due.Upon completion of the Joint Scope Meeting, the Co-op Member will prepare a Detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. The Consultant will assist the Co-op Member in preparing the Detailed Scope of Work. When the Detailed Scope of Work is finalized, the Consultant will send it along with a Request for Proposal to the Contractor. The date on which the Proposal must be submitted will be set forth in the Request for Proposal. Preparation of the Proposal The Contractor shall prepare and submit a Proposal consisting of: a.Price Proposal;b.Proposed Project Schedule;c.List of Proposed Subcontractors, if any, with required subcontractor documentation, indicating MBE/WBE/DBE status;d.Sketches, drawings, or layouts;e.Technical data or information on proposed materials or equipment.The Contractor will prepare Price Proposals in accordance with the following:Pre-priced Tasks: A Pre-priced Task is a task described, and for which a unit price is set forth, in the Task Catalog. For Pre-priced Tasks the Contractor shall identify the task and quantities required from the Task Catalog. The unit price for the Pre-priced Task shall be multiplied by the quantity and multiplied by the appropriate Adjustment Factor. The Contractor shall use the Adjustment Factors in effect on the date the Purchase Order is to be issued. However, the Contractor cannot cause a delay to the issuance of a Purchase Order in an effort to take advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor shall use the Adjustment Factors that would have been in effect without the delay. Non-Pre-priced Tasks: A Non-Pre-priced Task is a task which is not in the Task Catalog. If the Contractor will perform the Non-Pre-priced Task with its own forces, it shall submit three independent quotes for all materials to be installed and shall, to the extent possible, use Pre-priced labor and equipment from the Task Catalog. If the Non-Pre-priced Task is to be subcontracted, the Contractor must submit three independent bids from subcontractors. The Contractor shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. The Co-op Member may require additional quotes and bids if the suppliers or subcontractors are not acceptable or if the prices are not reasonable.The final price submitted for Non-Pre-priced Tasks shall be according to the following formula:A =Hourly Labor Rate (Trades not in Task Catalog)B =Direct Material Costs (supported by three quotes)C =Direct Equipment Costs (Equipment not in Task Catalog)D =Subcontractor Costs (supported by three quotes)E =Approved Overhead on Labor (Trades not in Task Catalog). e.g. 40%F =Allowable Overhead and Profit = (A + B + C) x 15%G =Subcontractor Allowance = D x 10%Total Cost of Non Pre-Priced Task = A + B + C + D + E + F + GThe Consultant’s determination as to whether an item is a Pre-priced Task or a Non-Pre-priced Task shall be final, binding and conclusive as to the Contractor.After a Non Pre-priced Task is used on three separate Price Proposals, the Unit Price for such task will be established, following approval by the Owner, and fixed as a permanent Non Pre-priced Task which will no longer require price justification. Whenever, because of trade jurisdiction rules or small quantities, the cost of a minor task in the Price Proposal is less than the cost of the actual labor and material to perform such task, the Co-op Member may permit the Contractor to be paid for such task as a Non-Pre-priced Task, or use Pre-priced labor tasks and material component pricing to cover the actual costs incurred. Provided, however, that there is no other work for that trade on the project or other work for that trade cannot be scheduled at the same time and the final charge does not exceed $1,000.The Contractor is responsible for and shall make the necessary arrangements for and obtain all filings and permits required for the project, including the preparation of all drawings, sketches, calculations and other documents and information that may be required thereof. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit or any other permit fee to a city, county, the State or some other governmental or regulatory agency, then the amount of such fee paid by the contractor for which a receipt is obtained shall be reimbursed without mark-up. The costs of expediting services or equipment use fees are not reimbursable.To account for the 2% ESCNJ Fee and 6.25% ezIQC Fee, all reimbursable fees and Non-Pre-priced Tasks shall be divided by 0.9175, to calculate the final price to be included in the Price Proposal. The Contractor's Proposal shall be submitted by the date indicated on the Request for Proposal. All incomplete Proposals shall be rejected. The time allowed for preparation of the Proposal will depend on the complexity and urgency of the Purchase Order but should average between seven and fourteen days. When an urgent response is required, and for minor maintenance and repair Purchase Orders requiring immediate completion, the Proposal may be required quickly and the due date will be so indicated on the Request for Proposal or, the Contractor may be directed to begin work immediately with the paperwork to follow.Review of the Proposal and Issuing the Purchase OrderThe Consultant will evaluate the entire Proposal and determine the reasonableness of approach, including the appropriateness of the tasks and quantities. The Consultant will review the Proposal with the Co-op Member. The Consultant will transmit to the Contractor a list of required changes to the Proposal and missing information and documents. The Contractor shall make the required changes to the Proposal and provide the missing information and documents, and resubmit the Proposal for approval.The Co-op Member reserves the right to reject a Proposal or cancel a project for any reason. The Contractor shall not recover any costs arising out of or related to the development of the Purchase Order including but not limited to the costs to attend the Joint Scope Meeting, review the Detailed Scope of Work, prepare a Proposal, subcontractor costs, and the costs to review the Proposal with the Consultant or Co-op Member. By submitting a Price Proposal, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the price submitted. It is the Contractor's responsibility to include the necessary tasks and quantities in the Price Proposal prior to submitting it.The Contractor may be required to meet certain MBE/WBE/DBE participation goals, or similar goals, established by the Co-op Member. Before the Co-op Member issues a Purchase Order, it may require the Contractor to submit certificates of the required insurance, subcontractor information evidencing compliance with MBE/WBE/DBE goals, project references, and other information.For certain projects, the Co-op Member may also require the Contractor to provide Payment and Performance Bonds in the amount of the Purchase Order Price. The surety and the form of the bonds must be acceptable to the Co-op Member. If the Contractor is required to submit a Payment and Performance Bond the Co-op Member shall reimburse the Contractor the actual cost of such bonds not to exceed 2% of the Purchase Order Price. The Contractor shall provide such documents as the Co-op Member may require evidencing the actual cost of the bonds.The Purchase Order, signed by the Co-op Member and delivered to the Contractor, constitutes the Co-op Member's acceptance of the Contractor's Proposal. A signed copy of the Purchase Order will be provided to the Contractor. The Contractor shall, within two (2) business days of receipt of a Purchase Order from a Co-op Member, provide notification to the Consultant of each Purchase Order by forwarding a copy of the Purchase Order via email to PO@ or via facsimile to (864) 233-9100. The Contractor shall, within two (2) business days of sending an invoice to a Co-op Member, provide notification to the Consultant of each invoice by forwarding a copy of the invoice via email to Invoice@ or via facsimile to (864) 233-9100.For each Purchase Order issued, the Contractor shall complete the Detailed Scope of Work within the Project Completion Time in accordance with the Contract Documents for the Purchase Order Price.Any Purchase Order XE "Proceed Order" issued prior to the expiration of the Contract will remain in force and be subject to the terms and conditions stated herein, notwithstanding that the Detailed Scope of Work may be performed, payments made be made, and changes may be issued after the expiration of the Contract.4. CHANGES, DELETIONS AND EXTRA WORKA Co-op Member may after a Purchase Order is issued, change, delete from, or add to the Detailed Scope of Work. Changes, deletions and extra work will be contained in a Supplemental Purchase Order prepared in accordance with the Procedures for Developing all Proposals and Purchase Orders set forth above. 5. ASPHALT PRICE ADJUSTMENTFor Tasks identified in Appendix I, the installation price of such tasks plus applicable modifiers will be adjusted at the time a Proposal is prepared based on the Asphalt Price Index (API) published by NJ Department of Transportation as follows: API for the month the Proposal is due minus the API for the month of the Bid date divided by the API for the month of the Bid date multiplied by 70% of the unit price for the Task plus applicable modifiers multiplied by the installed quantity multiplied by the appropriate Adjustment Factor.(API for the month Proposal is due - API for the month of the Bid date) / API for the month of the Bid date x 0.70 x (unit price for Task plus applicable modifiers) x installed quantity x Adjustment Factor.6. UPDATING ADJUSTMENT FACTORSThe Adjustment Factors may be updated on each anniversary of the award date to account for changes in costs, provided, the Contractor requests in writing, approximately fourteen to thirty days prior to the anniversary of the award date, that the Adjustment Factors be updated. Such request shall be delivered to the Consultant. In the event the Contractor fails to deliver the request timely, then ESCNJ shall determine the date on which the Adjustment Factors will be updated, but in no event will such date be later than thirty (30) days after the written request to update the Adjustment Factors is received by the Consultant. Thereafter, the Contractor’s Adjustment Factors will be adjusted according to the following:A Base Year Index shall be calculated by averaging the 12 month Construction Cost Indices (CCI) for the 20 City Average published in the Engineering News Record (ENR) for the 12 months immediately prior to the month of the award date of the contract.A Current Year Index shall be calculated by averaging the 12 month CCI for the 20 City Average published in ENR for the 12 months immediately prior to the month of the anniversary of the contract award date.The Economic Price Adjustment shall be calculated by dividing the Current Year Index by the Base Year Index.The original Adjustment Factors shall be multiplied by the Economic Price Adjustment to obtain the new Adjustment Factors effective for the next 12 months.Averages shall be obtained by summing the 12 month indices and dividing by 12.All calculations in this article shall be carried to the fifth decimal place and rounded to the fourth decimal place. The following rules shall be used for rounding:The fourth decimal place shall be rounded up when the fifth decimal place is five (5) or greater.The fourth decimal place shall remain unchanged when the fifth decimal place is less than five (5).ENR occasionally revises indices. ENR CCIs used in the calculations described above shall be those currently published at the time the Economic Price Adjustment calculation is performed. No retroactive adjustments will be made as a result of an ENR revision. Revised CCI indices, if any, shall be used in subsequent calculations.Under all circumstances, should the Contractor submit a Price Proposal with inaccurate Adjustment Factors, the act of submission by the Contractor is a waiver of all rights to any further compensation above the Purchase Order Price submitted in the Price Proposal. The Contractor cannot delay submission of the Price Proposal past the due date to take advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor shall use the Adjustment Factors that would have been in effect without the delay. 7. PREVAILING WAGE RATESThe New Jersey Prevailing Wage Act stipulates the payment of minimum wage rates for workers on projects that are subsidized by public funds. Workers covered by the Act must receive the appropriate prevailing wage rate for their particular trade as determined by the Commissioner of Labor and Workforce Development. Prevailing wage rates vary by county and by the type of work performed.Anyone interested in bidding on or engaging in any contract for public work which is subject to the provisions of the Prevailing Wage Act must register with the Division of Wage and Hour Compliance, as required by the Public Works Contractor Registration Act (PWCRA) P.L. 1999, c.238-N.J.S.A. 34:11-56.48 et seq., which establishes a unified procedure for the registration of contractors and subcontractors engaged in public works building projects. 8. OR EQUALWherever a material, article or piece of equipment is identified on the Detailed Scope of Work or in the Technical Specifications by reference to manufacturer's or vendor's name, trade names, catalog numbers, or the like, it is so identified for the purpose of establishing a standard, and any materials, article, or piece of equipment of other manufactures or vendors which will perform adequately within the duties imposed by the general design will be considered provided the material, article, or piece of equipment so proposed is, in the opinion of the Co-op Member, of equal substance, appearance, and function, and that all technical data for the proposed substitution is submitted to the Co-op Member for approval in accordance with the requirements of the Contract Documents.9. GUARANTY/WARRANTYThe Contractor shall secure all written warranties, guarantees, and manuals required in the Detailed Scope of Work or Technical Specifications and shall deliver them to the Co-op Member at the time of acceptance. Warranties on manufactured items shall be by the manufacturer to the Co-op Member. The Contractor guarantees all materials and workmanship for a period of one (1) year from the acceptance of that portion of the work, unless a longer period of time is indicated in the Detailed Scope of Work or Technical Specifications for a particular item or piece of equipment. Should a material supplier provide a warranty to the Contractor, which expires before the Contractor's warranty to the Co-op Member, it is the Contractor's responsibility to obtain separate or extended warranties as needed to meet the guarantee provisions of this article.10. UNCOVERING AND CORRECTION OF WORKIf any portion of the work should be covered contrary to the request of the Co-op Member or to requirements specifically expressed in the Detailed Scope of Work or Technical Specifications, it must, if required in writing by the Co-op Member, be uncovered for its observation and replaced at the Contractor's expense.If any other portion of the work has been covered which the Co-op Member has not specifically requested to observe prior to being covered, the Co-op Member may request to see such work and it shall be uncovered by the Contractor. If such work is found in accordance with the Detailed Scope of Work and Technical Specifications, the cost of uncovering and the replacement thereof shall, by appropriate Supplemental Purchase Order, be charged to the Co-op Member. If such work is found not in accordance with the Detailed Scope of Work and Technical Specifications, the Contractor shall pay such costs unless it is found that this condition was caused by the Co-op Member or a separate contract in which event the Co-op Member shall be responsible for the payment of such costs.If, within one year after the Date of Substantial Completion of the work or designated portion thereof or within one year after acceptance by the Co-op Member of designated equipment, or within such longer period of time as may be prescribed by law, or by the terms of any applicable special warranty required by the Detailed Scope of Work or Technical Specifications, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Co-op Member to do so unless the Co-op Member has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Purchase Order. The Co-op Member shall give such notice promptly after discovery of the condition.If the Contractor does not proceed with correction of such defective or non-conforming work within a reasonable time fixed by written notice from the Co-op Member, the Co-op Member may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay for the cost of such removal and storage within ten days thereafter, the Co-op Member may upon ten additional days and written notice, sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor made necessary thereby. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference will be charged to the Contractor and an appropriate Supplemental Purchase Order will be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor will pay the difference to the Co-op Member.If the Co-op Member prefers to accept defective or non-conforming work, it may do so instead of requiring its removal and correction, in which case a Supplemental Purchase Order will be issued to reflect a reduction in the original Purchase Order Price where appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.11. PROGRESS AND FINAL PAYMENTSThe Purchase Order Price, including authorized adjustments thereto, is the total amount that must be paid by the Co-op Member to the Contractor for the performance of the Detailed Scope of Work.If requested by the Co-op Member, the Contractor shall submit to the Co-op Member a Schedule of Values. The total of all items in the Schedule of Values shall equal the Purchase Order Price and shall be consistent with the costs set forth in the Price Proposal. This schedule, when approved by the Co-op Member, shall be used only as a basis for the Contractor's Application for Payment. In general, the Purchase Order Price shall be distributed in accordance with the types of work designated by the Detailed Scope of Work or sections of the Technical Specifications.Monthly, If requested by the Co-op Member, the Contractor shall submit an itemized Application for Payment, notarized if required, supported by such data substantiating the Contractor's right to payment as the Co-op Member may require. Application for Payment shall be submitted on the date agreed to by the parties each month for the value of labor and materials incorporated in the work and of materials and/or equipment stored at the site as of the end of the preceding month, less retainage as determined by the Co-op Member.Payments may be made on account of materials or equipment not incorporated in the work but delivered and suitably stored at the site. If approved in advance by the Co-op Member, payments may be made for materials or equipment suitably stored in a bonded warehouse at some other location agreed upon in writing. Payments for materials or equipment stored on or off the site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Co-op Member to establish the Co-op Member's title to such materials or equipment or otherwise protect the Co-op Member's interest, including applicable insurance and transportation to the site for materials and equipment stored off the site.The Co-op Member will either approve such Application for Payment, for such amount as the Co-op Member determines is properly due, or notify the Contractor in writing its reasons for withholding a payment or a portion thereof.By approving an Application for Payment, the Co-op Member shall not be deemed to represent that it has made exhaustive or continuous on-site inspections to check the quality or quantity of the work or that it has reviewed the construction means, methods, techniques, sequences, or procedures, or that it has made any examination to ascertain how or for what purpose the Contractor has used the monies previously paid on account of the Purchase Order Price.After the Co-op Member has approved the Application for Payment, the Co-op Member shall make payment in the manner and within the time required by the Contract Documents and as required by New Jersey law, less retainage if applicable.Contractor shall promptly pay the ESCNJ Fee and Consultant Fee (8.25%) on each payment received from a Co-op Member as described in more detail in the bid documents. The cost of this Fee shall be included in the Contractor’s Adjustment Factors. No progress payment, nor any partial or entire use or occupancy of the Project by the Co-op Member, shall constitute an acceptance of any work not in accordance with the Contract Documents.The Contractor shall submit with each Application for Payment, certified payroll records, release of lien statements, warranties, guarantees, or such other documentation as the Co-op Member may require.The Co-op Member may withhold payment to such extent as may be necessary in its opinion to protect the Co-op Member from loss because of:a.defective work not remedied; b.liens;c.third party claims filed;d.failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;e.reasonable evidence that the work cannot be completed for the unpaid balance of the Purchase Order Price;f.damage to the Co-op Member or another Contractor;g.incomplete work.Upon receipt of notice that the work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Co-op Member will promptly make such inspection and prepare a punchlist of items to be completed or corrected.Contractor shall complete the punchlist promptly. When the Contractor completes the punchlish it may submit the final application for payments.Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Co-op Member:an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the work for which the Co-op Member or its property might in any way be responsible, have been paid or otherwise satisfied; Consent of Surety, if any, to final payment; c. If required by the Co-op Member, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Purchase Order, to the extent and in such form as may be designated by the Co-op Member. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment.All work performed by the Contractor shall comply with all applicable codes, rules and regulations of all City, State and Federal agencies. 12. ADDITIONAL INSURANCE REQUIREMENTSWhen required for a particular project, the Contractor shall provide Builders Risk Insurance. The cost of such Builders Risk Insurance shall be reimbursed to the Contractor without mark-up.The cost of Pollution Liability Insurance is included the unit prices for the asbestos, lead abatement, and mold abatement work. When performing such work, the Contractor shall ensure that its subcontractor has such insurance and shall provide certificates of insurance as requested. The Contractor shall not be separately reimbursed for the cost of Pollution Liability Insurance.13. LIQUIDATED DAMAGESAt the sole discretion of the Co-op Member, liquidated damages may be assessed on any Purchase Order. For each calendar day that the Detailed Scope of Work shall remain incomplete after the Project Completion Time, as extended, the amount of 0.5% of the Purchase Order Price, or other amount as agreed to by the parties, will be deducted from any money due the Contractor, not as a penalty but as liquidated damages.14. SOFTWARE AND ezIQC? LICENSINGThe Contractor will be provided access to the Consultant’s proprietary eGordian? and cost data (Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by ESCNJ. Contractor’s use, in whole or in part, of eGordian? , the Task Catalog, or any other proprietary materials provided by the Consultant for any purpose other than to execute work under this Contract for ESCNJ and its Co-op Members is strictly prohibited unless otherwise approved in writing by the Consultant. The Contractor hereby agrees to abide by the terms of the following: ezIQC?License:The Consultant, through its agreement with ESCNJ, grants to Contractor, and Contractor hereby accepts from the Consultant for the term of this Contract, a non-exclusive right, privilege, and license to utilize The Gordian Group’s ezIQC? System and other related proprietary materials (collectively referred to as “Proprietary Information”) to be used for the sole purpose of executing its responsibilities to the Co-op Member under this Contract. The Contractor hereby agrees that The Gordian Group Inc.’s Proprietary Information shall include, but is not limited to, eGordian? software and documentation, the Task Catalog, the Technical Specifications, Training Manuals, additional training materials, and other proprietary materials provided to the Contractor by ESCNJ, the Co-op Members or by the Consultant. In the event that this Contract expires or terminates as provided herein, this license shall terminate and the Contractor shall return all Proprietary Information in its possession to the Consultant.The Contractor acknowledges that disclosure of Proprietary Information will result in irreparable harm to The Gordian Group for which monetary damages would be an inadequate remedy and agrees that no such disclosure shall be made to anyone without first receiving the written consent of the Consultant. The Contractor further acknowledges and agrees to respect the copyrights, registrations, trade secrets, and other proprietary rights of the Consultant during and after the term of this Contract and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to the Contractor, subject to federal, state, and local laws related to public records disclosure.In the event of a conflict in terms and conditions between this license provision and any other terms and conditions of this Contract or any Purchase Order or similar purchasing document issued by a Co-op Member, this license provision shall take precedence.15. MARKETING REQUIREMENTSThe Contractor shall be proactive about selling and marketing this Contract to ESCNJ’s Co-op Members. Failure to do so may be grounds for termination of this Contract or other disciplinary action at the option of ESCNJ. The Contractor must adhere to the following when preparing marketing materials and websites that mention this Contract or have anything to do with this Contract: 1. The Contractor shall include ESCNJ’s logo and website address on all marketing materials and websites that mention this Contract or have anything to do with this Contract. 2. The Contractor shall include the ezIQC? logo, website address (), and telephone number (888-993-9472) on all marketing materials and websites that mention this Contract or have anything to do with this Contract. 3. The Contractor shall be authorized to use ESCNJ’s and the Consultant’s names, logos, trademarks, service marks and ESCNJ and Consultant provided materials solely for the presentation and promotion of the availability and use of this Contract by Co-op Members and potential Co-op Members, and agrees that all uses of the trademarks and service marks belonging to ESCNJ and the Consultant shall include the appropriate trademark and service mark symbols (? or TM) at all times. 4. The Contractor shall not collect information from a Co-op Member on Contractor provided forms or websites. The Contractor shall advise Co-op Members to enter all information at the ezIQC? website or the Contractor may enter information on behalf of the Co-op Member. 5. The Contractor shall not alter the branding images of ESCNJ and the Consultant in any way without the express written approval of ESCNJ or the Consultant, as applicable. 6. All marketing materials shall be coordinated and approved by ESCNJ and the Consultant. The Adjustment for Asphalt Price Index shall only apply to the following Tasks and its modifiers:32 01 17 61-0002 LF 1/2" To 1" Wide x 5/8" To 7/8" Deep Saw Cut In Asphalt And Hot Poured Bituminous Liquid Sealant32 01 17 61-0004 LF Up To 200', Hot Poured Bituminous Liquid, Crack And Sealing Repair32 01 17 61-0005 LF >200', Hot Poured Bituminous Liquid, Crack And Sealing Repair32 01 17 63-0002 EA Temporary Pot Hole Repairs With Cold Mix Modified, Up To 3 Tons.32 01 17 63-0003 TON Temporary Pot Hole Repairs With Cold Mix Modified32 01 17 63-0004 EA Temporary Pot Hole Repairs With Cold Mix, Up To 3 Tons.32 01 17 63-0005 TON Temporary Pot Hole Repairs With Cold Mix 32 01 17 63-0006 EA Temporary Pot Hole Repairs With Hot Mix Modified, Up To 3 Tons 32 01 17 63-0007 TON Temporary Pot Hole Repairs With Hot Mix Modified 32 01 17 63-0008 EA Temporary Pot Hole Repairs With Hot Mix, Up To 3 Tons 32 01 17 63-0009 TON Temporary Pot Hole Repairs With Hot Mix32 01 17 63-0011 EA Permanent Pot Hole Repairs With Cold Mix Modified, Up To 3 Tons 32 01 17 63-0012 TON Permanent Pot Hole Repairs With Cold Mix Modified 32 01 17 63-0013 EA Permanent Pot Hole Repairs With Cold Mix, Up To 3 Tons 32 01 17 63-0014 TON Permanent Pot Hole Repairs With Cold Mix 32 01 17 63-0015 EA Permanent Pot Hole Repairs With Hot Mix Modified, Up To 3 Tons 32 01 17 63-0016 TON Permanent Pot Hole Repairs With Hot Mix Modified 32 01 17 63-0017 EA Permanent Pot Hole Repairs With Hot Mix, Up To 3 Tons 32 01 17 63-0018 TON Permanent Pot Hole Repairs With Hot Mix32 01 17 63-0020 EA Asphalt Placement For Small Repair Areas, Cold Mix Modified, Up To 3 Tons 32 01 17 63-0021 TON Asphalt Placement For Small Repair Areas, Cold Mix Modified 32 01 17 63-0022 EA Asphalt Placement For Small Repair Areas, Cold Mix, Up To 3 Tons32 01 17 63-0023 TON Asphalt Placement For Small Repair Areas, Cold Mix 32 01 17 63-0024 EA Asphalt Placement For Small Repair Areas, Hot Mix Modified, Up To 3 Tons32 01 17 63-0025 TON Asphalt Placement For Small Repair Areas, Hot Mix Modified .32 01 17 63-0026 EA Asphalt Placement For Small Repair Areas, Hot Mix, Up To 3 Tons 32 01 17 63-0027 TON Asphalt Placement For Small Repair Areas, Hot Mix32 12 13 13-0001 SY Tack Coat For Up To 150, Add For >150 To 300, Add For >300 To 500, Add For >3,500 To 5,000, Deduct For >5,000, Deduct32 12 13 19-0001 SY Surface Prime Coat, 0.26 Gallon/SY For Up To 150, Add For >150 To 300, Add For >300 To 500, Add For >3,500 To 5,000, Deduct For >5,000, Deduct 32 12 13 19-0002 SY Surface Prime Coat, 0.28 Gallon/SY For Up To 150, Add For >150 To 300, Add For >300 To 500, Add For >3,500 To 5,000, Deduct For >5,000, Deduct 32 12 13 19-0003 SY Surface Prime Coat, 0.30 Gallon/SY For Up To 150, Add For >150 To 300, Add For >300 To 500, Add For >3,500 To 5,000, Deduct For >5,000, Deduct32 12 16 13-0002 TON Bituminous Hot Mix Intermediate Course 3,954 LB/CY32 12 16 13-0003 SY 1" Thick Binder Course 32 12 16 13-0004 SY 1-1/2" Thick Binder Course 32 12 16 13-0005 SY 2" Thick Binder Course 32 12 16 13-0006 SY 2-1/2" Thick Binder Course 32 12 16 13-0007 SY 3" Thick Binder Course 32 12 16 13-0008 SY 3-1/2" Thick Binder Course 32 12 16 13-0009 SY 4" Thick Binder Course 32 12 16 13-0010 SY 5" Thick Binder Course32 12 16 13-0011 SY 6" Thick Binder Course32 12 16 13-0013 TON Bituminous Hot Mix Surface Course 3,774 LB/CY 32 12 16 13-0014 SY 1" Thick Surface Course 32 12 16 13-0015 SY 1-1/2" Thick Surface Course 32 12 16 13-0016 SY 2" Thick Surface Course 32 12 16 13-0017 SY 2-1/2" Thick Surface Course 32 12 16 13-0018 SY 3" Thick Surface Course 32 12 16 13-0019 TON Bituminous Hot Mix Surface Course With Polymer Modified Asphalt32 12 16 13-0021 TON Hand Placed Hot Mixed Asphalt 3,954 LB/CY32 12 33 00-0002 GAL Rapid Setting Asphalt Emulsion - DOT RS-1 For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0003 GAL Rapid Setting Asphalt Emulsion - DOT RS-2 For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0004 GAL High Float Rapid Setting Asphalt Emulsion - DOT HFRS-2 For Fog Sealing Patched Areas <10 SY, AddFor 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0005 GAL Medium Setting Asphalt Emulsion - DOT MS-2 For Fog Sealing Patched Areas <10 SY, AddFor 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0006 GAL High Float Medium Setting Asphalt Emulsion - DOT HFMS-2 For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0007 GAL High Float Medium Setting Asphalt Emulsion - DOT HFMS-2h For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0008 GAL High Float Medium Setting Asphalt Emulsion - DOT HFMS-2s For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0009 GAL Slow Setting Asphalt Emulsion - DOT SS-1For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0010 GAL Slow Setting Asphalt Emulsion - DOT SS-1hFor Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct32 12 33 00-0011 GAL Rapid Setting Cationic Asphalt Emulsion - DOT CRS-1 For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0012 GAL Rapid Setting Cationic Asphalt Emulsion - DOT CRS-2 For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0013 GAL Medium Setting Cationic Asphalt Emulsion - DOT CMS-2 For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0014 GAL Medium Setting Cationic Asphalt Emulsion - DOT CMS-2h For Fog Sealing Patched Areas <10 SY, AddFor 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0015 GAL Slow Setting Cationic Asphalt Emulsion - DOT CSS-1 For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0016 GAL Slow Setting Cationic Asphalt Emulsion - DOT CSS-1h For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0017 GAL Quick Setting Cationic Asphalt Emulsion - DOT CQS-1h For Fog Sealing Patched Areas <10 SY, AddFor 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0018 GAL Polymer Modified Rapid Setting Asphalt Emulsion - DOT CRS-1p For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct 32 12 33 00-0019 GAL Polymer Modified Quick Setting Asphalt Emulsion - DOT CQS-1p For Fog Sealing Patched Areas <10 SY, Add For 1,000 To 3,000 Gallons, Deduct For >3,000, Deduct32 12 36 00-0002 SY Asphalt Seal Coating Minimum 32 12 36 00-0003 TON Up To 45 Ton Type II Slurry Seal, Asphalt Seal Coating For >45 To 91, Deduct For >91 To 272, Deduct For >272 To 454, Deduct For >454 Tons, Deduct 32 12 36 00-0004 TON Up To 45 Ton Type III Slurry Seal, Asphalt Seal Coating For >45 To 91, Deduct For >91 To 272, DeductFor >272 To 454, Deduct For >454 Tons, Deduct 32 12 36 00-0005 TON Up To 45 Ton Type II Micro Surfacing For >45 To 91, Deduct For >91 To 272, Deduct For >272 To 454, Deduct For >454 Tons, Deduct 32 12 36 00-0006 TON Up To 45 Ton Type III Micro Surfacing For >45 To 91, Deduct For >91 To 272, Deduct For >272 To 454, Deduct For >454 Tons, Deduct 32 12 36 00-0007 TON Up To 45 Ton Rut-Filling Type III Micro Surfacing For >45 To 91, Deduct For >91 To 272, Deduct For >272 To 454, Deduct For >454 Tons, Deduct 32 12 36 00-0008 TON Up To 45 Ton 6.3 mm Super Thin HMA For >45 To 91, Deduct For >91 To 272, Deduct For >272 To 454, Deduct For >454 Tons, Deduct32 12 73 00-0002 LF For Hot Asphalt Poured Over Expansion Joint In Sidewalk32 16 13 33-0002 LF Hot Mix Mountable Asphalt Curb 8" Wide x 6" High32 16 13 33-0003 LF Hot Mix Vertical Face Asphalt Curb 8" Wide x 6" High32 17 16 00-0002 LF 2-1/4" High x 10-1/2" Wide, Asphalt Speed BumpEDUCATIONAL SERVICES COMMISSION OF NEW JERSEY1660 Stelton RoadSecond FloorPiscataway, New Jersey 08854#65MCESCCPS NJ State Approved Cooperative Pricing SystemJob Order Contracting: Paving: Repair and Maintenance Bid #: ESCNJ 18/19-66Bid Date: April 17, 2019 @ 11:00 a.m.Bid Proposal Form B: Adjustment Factor Bid FormPurpose of Bid: The ESCNJ Co-op Pricing System is requesting bids for ezIQC Contracts to provide routine repair and maintenance work. The prices offered will be made available in the designated region to our 1,250+ Co-op Members, consisting of local municipal governments, public schools, vocational schools, counties, and other quasi-public entities throughout the State of New Jersey. Below bid on the regions below.EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY1660 Stelton Road – Second FloorPiscataway, New Jersey 08854Job Order Contracting: Paving Services Bid #: ESCNJ 18/19-66Bid Proposal Form B: Adjustment Factor Mark-up SheetsPlease complete the pricing for Region One (1).Counties in Region One (1): Essex, Hunterdon, Morris, Passaic, Somerset, Sussex, Union and WarrenPurpose of Bid: The ESCNJ Co-op Pricing System is requesting bids for ezIQC Contracts to provide routine repair and maintenance work. The prices offered will be made available in the designated regions to our Co-op Members, consisting of local municipal governments, public schools, vocational schools, counties, and other quasi-public entities. Normal Working Hours: 7:00 am to 4:00 pm Monday to Friday. Contractor shall perform tasks during Normal Working Hours for the unit price set forth in the Task Catalog multiplied by the Adjustment Factor of:YEAR ONE.YEAR TWO. (Specify to four decimal places)Other Than Normal Working Hours: 4:00 pm to 7:00 am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform tasks during Other Than Normal Working Hours for the unit price set forth in the Task Catalog multiplied by the Adjustment Factor of: YEAR ONE.YEAR TWO. (Specify to four decimal places)EXAMPLE: Write the Adjustment Factors to four decimal places as the following examples illustrate.1.2098or0.9999Note: The Other Than Normal Working Hours Adjustment Factor must be equal to or greater than the Normal Working Hours Adjustment Factor. Transfer the competitively bid Adjustment Factors written above to the tables below and complete the calculation for the Award Criteria Figure. Job Order Contracting: Paving Services – Repair & Maintenance Bid #: ESCNJ 18/19-66REGION 1YEAR ONEAdjustment Factor NameAdjustment Factor BidX Multiplier= Total1.Adjustment Factor for Normal Working HoursX 0.70=2.Adjustment Factor for Other Than Normal Working HoursX 0.30= Add the Total amounts in the right column. The Sum of these Total amounts is the Award Criteria Figure.=YEAR TWOAdjustment Factor NameAdjustment Factor BidX Multiplier= Total1.Adjustment Factor for Normal Working HoursX 0.70=2.Adjustment Factor for Other Than Normal Working HoursX 0.30= Add the Total amounts in the right column. The Sum of these Total amounts is the Award Criteria Figure.=Bidder should write in numbers and words the Award Criteria Figure in the spaces below. Fill in Award Criteria Figure in Numbers. ________________________________________________________ Fill in Award Criteria Figure in WordsAcknowledgement: We acknowledge that the requirements as set forth in this RFB Response Form will be incorporated as part of our contract with the ESCNJ Cooperative Members upon award.________________________________________________________________________________Company Name Date Acknowledged and Accepted by: __________________________________________________________Print name and title Authorized Signature: _______________________________________________________________________EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY1660 Stelton Road – Second FloorPiscataway, New Jersey 08854Job Order Contracting: Paving Services Bid #: ESCNJ 18/19-66Bid Proposal Form B: Adjustment Factor Mark-up SheetsPlease complete the pricing for region Two (2).Counties in Region Two (2): Bergen and HudsonPurpose of Bid: The ESCNJ Co-op Pricing System is requesting bids for ezIQC Contracts to provide routine repair and maintenance work. The prices offered will be made available in the designated regions to our Co-op Members, consisting of local municipal governments, public schools, vocational schools, counties, and other quasi-public entities. Normal Working Hours: 7:00 am to 4:00 pm Monday to Friday. Contractor shall perform tasks during Normal Working Hours for the unit price set forth in the Task Catalog multiplied by the Adjustment Factor of:YEAR ONE.YEAR TWO. (Specify to four decimal places)Other Than Normal Working Hours: 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform tasks during Other Than Normal Working Hours for the unit price set forth in the Task Catalog multiplied by the Adjustment Factor of: YEAR ONE.YEAR TWO. (Specify to four decimal places)EXAMPLE: Write the Adjustment Factors to four decimal places as the following examples illustrate.1.2098or0.9999Note: The Other Than Normal Working Hours Adjustment Factor must be equal to or greater than the Normal Working Hours Adjustment Factor. Transfer the competitively bid Adjustment Factors written above to the tables below and complete the calculation for the Award Criteria Figure. Job Order Contracting: Paving Services – Repair & Maintenance Bid #: ESCNJ 18/19-66REGION 2YEAR ONEAdjustment Factor NameAdjustment Factor BidX Multiplier= Total1.Adjustment Factor for Normal Working HoursX 0.70=2.Adjustment Factor for Other Than Normal Working HoursX 0.30= Add the Total amounts in the right column. The Sum of these Total amounts is the Award Criteria Figure.=YEAR TWOAdjustment Factor NameAdjustment Factor BidX Multiplier= Total1.Adjustment Factor for Normal Working HoursX 0.70=2.Adjustment Factor for Other Than Normal Working HoursX 0.30= Add the Total amounts in the right column. The Sum of these Total amounts is the Award Criteria Figure.=Bidder should write in numbers and words the Award Criteria Figure in the spaces below. Fill in Award Criteria Figure in Numbers. ________________________________________________________ Fill in Award Criteria Figure in WordsAcknowledgement: We acknowledge that the requirements as set forth in this RFB Response Form will be incorporated as part of our contract with the ESCNJ Cooperative Members upon award.________________________________________________________________________________Company Name Date Acknowledged and Accepted by: __________________________________________________________Print name and title Authorized Signature: _______________________________________________________________________EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY1660 Stelton Road – Second FloorPiscataway, New Jersey 08854Job Order Contracting: Paving Services Bid #: ESCNJ 18/19-66Bid Proposal Form B: Adjustment Factor Mark-up SheetsPlease complete the pricing for region Three (3).Counties in Region Three (3): Mercer, Middlesex and MonmouthPurpose of Bid: The ESCNJ Co-op Pricing System is requesting bids for ezIQC Contracts to provide routine repair and maintenance work. The prices offered will be made available in the designated regions to our Co-op Members, consisting of local municipal governments, public schools, vocational schools, counties, and other quasi-public entities. Normal Working Hours: 7:00 am to 4:00 pm Monday to Friday. Contractor shall perform tasks during Normal Working Hours for the unit price set forth in the Task Catalog multiplied by the Adjustment Factor of:YEAR ONE.YEAR TWO. (Specify to four decimal places)Other Than Normal Working Hours: 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform tasks during Other Than Normal Working Hours for the unit price set forth in the Task Catalog multiplied by the Adjustment Factor of: YEAR ONE.YEAR TWO. (Specify to four decimal places)EXAMPLE: Write the Adjustment Factors to four decimal places as the following examples illustrate.1.2098or0.9999Note: The Other Than Normal Working Hours Adjustment Factor must be equal to or greater than the Normal Working Hours Adjustment Factor. Transfer the competitively bid Adjustment Factors written above to the tables below and complete the calculation for the Award Criteria Figure. Job Order Contracting: Paving Services – Repair & Maintenance Bid #: ESCNJ 18/19-66REGION 3YEAR ONEAdjustment Factor NameAdjustment Factor BidX Multiplier= Total1.Adjustment Factor for Normal Working HoursX 0.70=2.Adjustment Factor for Other Than Normal Working HoursX 0.30= Add the Total amounts in the right column. The Sum of these Total amounts is the Award Criteria Figure.=YEAR TWOAdjustment Factor NameAdjustment Factor BidX Multiplier= Total1.Adjustment Factor for Normal Working HoursX 0.70=2.Adjustment Factor for Other Than Normal Working HoursX 0.30= Add the Total amounts in the right column. The Sum of these Total amounts is the Award Criteria Figure.=Bidder should write in numbers and words the Award Criteria Figure in the spaces below. Fill in Award Criteria Figure in Numbers. ________________________________________________________ Fill in Award Criteria Figure in WordsAcknowledgement: We acknowledge that the requirements as set forth in this RFB Response Form will be incorporated as part of our contract with the ESCNJ Cooperative Members upon award.________________________________________________________________________________Company Name Date Acknowledged and Accepted by: __________________________________________________________Print name and title Authorized Signature: _______________________________________________________________________Prevailing Wages CertificationIt is the determination of the ESCNJ that this is a public works project that in total will exceed $2,000.00 (two thousand dollars), therefore prevailing wages rules and regulations apply as promulgated by the New Jersey Prevailing Wage Act and in conformance with N.J.S.A. 34:11-56:25.CERTIFICATION1. I certify that our company understands that this project of the ESCNJ requires prevailing wages to be paid in full accordance with the law.2. I further certify that all subcontractors named in this bid understand that this project requires the subcontractor to pay prevailing wages in full accordance with the law.NOTIFICATION OF VIOLATIONS – New Jersey Department of LaborHas the bidder or any person having an “interest” with the bidder, been notified by the New Jersey Department of Labor by notice issued pursuant to N.J.S.A. 34:11-56:37 that he/she has been in violation for failure to pay prevailing wages as required by the New Jersey Prevailing Wage Act within the last five (5) years? *Yes _____________ No ______________*If yes, please attach a signed document explaining any/or all administrative proceedings with the NJDOL within the last five (5) years. Please include any pending administrative proceedings with the NJDOL, if any. Name of CompanyAuthorized AgentAuthorized Signature To be completed and signed below. Return with bid.AFFIRMATIVE ACTION QUESTIONNAIRE This form is to be completed and returned with the bid. However, the ESCNJ will accept in lieu of this Questionnaire, Affirmative Action Evidence stapled to this page. 1. Our company has a federal Affirmative Action Plan approval. Yes No If yes, please attach a copy of the plan to this questionnaire. 2. Our company has a New Jersey State Certificate of Employee Information Report. Yes No If yes, please attach a copy of the certificate to this questionnaire. 3. If you answered “NO” to both questions above, No. 1 and 2, you must apply for an Affirmative Action Employee Information Report – Form AA302. Please visit the New Jersey Department of Treasury website for the Division of Public Contracts Equal Employment Opportunity Compliance: state.nj.us/treasury/contract_compliance/Click on “Forms” and then “AA302” and “Instructions” under the heading “Employee Information Report”Complete and submit the form with the appropriate payment to: Department of Treasury Division of Purchase & Property Contract Compliance Audit UnitEEO Monitoring ProgramP.O. Box 206Trenton, New Jersey 08625-0206All fees for this application are to be paid directly to the State of New Jersey. A copy shall be submitted to the ESCNJ within seven (7) days of the notice of the 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 of Company/Firm ____________________________________________________________________Address _________________________________________________________________________________City, State, Zip ____________________________________________________________________________Name of Authorized Agent ________________________________ Title ______________________________SIGNATURE ________________________________________________ Date _______________________To be completed and signed below. Return with bid.NON-COLLUSION AFFIDAVIT STATE OF NEW JERSEY) :ss:COUNTY OF )I, __________________________________ of the City of __________________________ in the County of ______________________________ and the State of ______________________________ of full age, being duly sworn according to law on my oath depose and say that: I am ______________________________________________________________________ of the firm Position in Company of _______________________________________________________________________ and the respondent making the Proposal for the above named contract, and that I executed the said Proposal with full authority so to do; that I have not, directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential respondents, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named bid, and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that the Educational Services Commission of New Jersey relies upon the truth of all statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said bid. 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 of bona fide established commercial or selling agencies maintained by_________________________________________________________________________(Print Name of Contractor/Vendor)Subscribed and sworn to: _______________________________________________________(SIGNATURE OF CONTRACTOR/VENDOR) before me this ______ day of ___________________________, _________________.MonthYear________________________________________Print Name of Notary Public_________________________________________________NOTARY PUBLIC SIGNATUREMy commission expires _________________________ _______________, ___________. – Seal – Month Day YearEducational Services Commission of New JerseyBusiness Office1660 Stelton RoadSecond FloorPiscataway, New Jersey 08854Chapter 271Political Contribution Disclosure Form(Contracts that Exceed $17,500.00)Ref. N.J.S.A. 52:34-25 The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that ____________________________________________________(Business Entity) has made the following reportable political contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26 during the twelve (12) months preceding this award of contract: Reportable ContributionsDate of ContributionAmount ofContributionName of Recipient Elected Official/ Committee/CandidateName ofContributorThe Business Entity may attach additional pages if needed. __________________________________________________________________________________________ No Reportable Contributions (Please check () if applicable.)I certify that ____________________________________________ (Business Entity) made no reportable contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26. CertificationI certify, that the information provided above is in full compliance with Public law 2005 – Chapter 271. Name of Authorized Agent ______________________________________________________________Signature _________________________________________ Title _______________________________Business Entity ________________________________________________________________________C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORMContractor InstructionsBusiness 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:of the public entity awarding the contractof that county in which that public entity is locatedof another public entity within that countyor 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 countyThe 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 profitall 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 over 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. NOTE: This section does not apply to Board of Education contracts. P.L. 2005, c. 271(Unofficial version, Assembly Committee Substitute to A-3013, First Reprint*)AN ACT authorizing units of local government to impose limits on political contributions by contractors and supplementing Title 40A of the New Jersey Statutes and Title 19 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 40A:11-51 1. a. A county, municipality, independent authority, board of education, or fire district is hereby authorized to establish by ordinance, resolution or regulation, as may be appropriate, measures limiting the awarding of public contracts there from to business entities that have made a contribution pursuant to P.L. 1973, c. 83 (C. 19:44A-1 et seq.) and limiting the contributions that the holders of a contract can make during the term of a contract, notwithstanding the provisions and parameters of sections 1 through 12 of P.L. 2004, c. 19 (C. 19:44A-20.2 et al.) and section 22 of P.L. 1973, c. 83 (C. 19:44A-22). b. The provisions of P.L. 2004, c. 19 shall not be construed to supersede or preempt any ordinance, resolution or regulation of a unit of local government that limits political contributions by business entities performing or seeking to perform government contracts. Any ordinance, resolution or regulation in effect on the effective date of P.L. 2004, c. 19 shall remain in effect and those adopted after that effective date shall be valid and enforceable. c. An ordinance, resolution or regulation adopted or promulgated as provided in this section shall be filed with the Secretary of State. 52:34-25 2. a. Not later than 10 days prior to entering into any contract having an anticipated value in excess of $17,500, except for a contract that is required by law to be publicly advertised for bids, a State agency, county, municipality, independent authority, board of education, or fire district shall require any business entity bidding thereon or negotiating therefore, to submit along with its bid or price quote, a list of political contributions as set forth in this subsection that are reportable by the recipient pursuant to the provisions of P.L. 1973, c. 83 (C.19:44A-1 et seq.) and that were made by the business entity during the preceding 12 month period, along with the date and amount of each contribution and the name of the recipient of each contribution. A business entity contracting with a State agency shall disclose contributions to any State, county, or municipal committee of a political party, legislative leadership committee, candidate committee of a candidate for, or holder of, a State elective office, or any continuing political committee. A business entity contracting with a county, municipality, independent authority, other than an independent authority that is a State agency, board of education, or fire district shall disclose contributions to: any State, county, or municipal committee of a political party; any legislative leadership committee; or any candidate committee of a candidate for, or holder of, and elective office of that public entity, of that county in which that public entity is located, of another public entity within that county, 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, or any continuing political committee. The provisions of this section shall not apply to a contract when a public emergency requires the immediate delivery of goods or services. b. When a 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. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity. c. As used in this section: “business entity” means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; “interest” means the ownership or control of more than 10% of the profits or assets of a business entity of 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate; andP.L. 2005, c. 271 “State agency” means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch, and any independent State authority, commission, instrumentality or agency. d. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report. 19:44A-20.13 3. a. Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L. 1973, c. 83 (C. 19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline. b. The commission shall prescribe forms and procedures for the reporting required in subsection a. of this section which shall include, but not be limited to: (1) the name and mailing address of the business entity making the contribution, and the amount contributed during the 12 months prior to the reporting deadline; (2) the name of the candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee or continuing political committee receiving the contribution; and (3) the amount of money the business entity received from the public entity through contract or agreement, the dates, and information identifying each contract or agreement and describing the goods, services or equipment provided or property sold. c. The commission shall maintain a list of such reports for public inspection both at its office and through its Internet site. d. When a 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. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity, or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity. As used in this section: “Business entity” means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; and “Interest” means the 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, as appropriate. e. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report. 4. This act shall take effect immediately. *Note: Bold italicized statutory references of new sections are anticipated and not final as of the time this document was prepared. Statutory compilations of N.J.S.A. 18A:18A-51 is anticipated to show a reference to N.J.S.A. 40:11-51 and to N.J.S.A. 52:34-25. To be completed and signed below. Return with bid.STOCKHOLDER/PARTNERSHIP DISCLOSURE AND STATEMENT OF OWNERSHIPPlease check one type of Ownership, complete the form, and execute where provided. Corporation Limited Partnership PartnershipLimited Liability CorporationSole ProprietorshipLimited Liability PartnershipSub Chapter S CorporationOther: _______________________No corporation “or partnership” shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any material or supplies, the cost of which is to be paid with or out of any public funds, by the State or any county, municipality or school district, or any subsidiary or agency of the State, or by an authority, board or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid of said corporation or said partnership, there is submitted a statement setting forth the names and all individual partners in the partnership who own a 10% or greater interest therein, as the case may be.” If one or more such stockholder “or partner” is itself a corporation “or partnership,” the stockholder holding 10% or more of that corporation “or partnership” the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be, continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed. IT IS MANDATORY THAT THIS FORM BE COMPLETED AND SUBMITTED WITH BID. In the event that there are no persons who own ten percent or more of the stock or ownership of the respondent, then such fact should be certified below as part of this disclosure. Name of Company ____________________________________________________Address _____________________________________________________________City, State, Zip _______________________________________________________List of Owners with Ten Percent (10%) or More Interest Owner’s NameHome AddressTitle/Office HeldPercent (%) of Partnership Share OwnedNOTE: If you need more space than that provided above, please use an extra sheet for furnishing the above required information for any remaining persons or entities. Signature ___________________________________________ Date _____________________________To be completed and signed below. Return with bid.STOCKHOLDER/PARTNERSHIP DISCLOSURE AND STATEMENT OF OWNERSHIP (cont’d)If your firm is not a corporation and/or partnership, please explain below how your firm is organized and include a list of the various principals. Our firm, ________________________________________________, is organized ________________________________________________________________________________________________________________________________________________________________.Names of PrincipalsTitle_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Use additional paper if needed. Check here if additional sheets are attached. Name of Company ______________________________________________________________________Address _______________________________________________________________________________City, State, Zip Code _____________________________________________________________________Authorized Agent _____________________________________ Title ____________________________________________________________________________________________________________________SIGNATURE OF AUTHORIZED AGENT Contractor/Vendor Questionnaire/Certification Name of Company __________________________________________________________________Street Address ___________________________________________ PO Box ___________________City, State, Zip Code ________________________________________________________________Business Phone Number (___) _______________________________ Ext. _____________________Emergency Phone Number (___) _______________________________________________________Fax No. (___) _________________________________ Email _________________________________Vendor CertificationDirect/Indirect Interests I declare and certify that no member of the Educational Services Commission of New Jersey, nor any officer or employee or person who salary is payable in whole or in part by said Commissioner their immediately family members are 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 profits thereof. If a situation so exists where a ESCNJ member, employee, officer of the board has an interest in the bid, etc., then please attach a letter of explanation to this document, duly signed by the president of the firm or company. Gifts; Gratuities; CompensationI declare and certify that no person from my firm, business, corporation, association or partnership offered or paid any fee, commission or compensation, or offered any gift, gratuity or other thing of value to any school official, board member or employee of the Educational Services Commission of New Jersey. Vendor ContributionsI declare and certify that I fully understand N.J.A.C. 6A:23A-6.3 (a1-4) concerning vendor contributions to school board members. I certify that I am not an official or employee of the Educational Services Commission of New Jersey. I further certify that I understand that it is a crime in the second degree in New Jersey to knowingly make a material representation that is false in connection with the negotiation, award or performance of a government contract. ____________________________________________________________________________President or Authorized Agent ____________________________________________________________________________SignatureConsent of Surety REQUIRED NOT REQUIREDA payment and performance bond may be required by a Co-op Member from the successful respondent for a particular project under this contract. In accordance with N.J.S.A. 18A:18A-25, the ESCNJ requires a certificate from a surety company stating it will provide the contractor/vendor with a payment and performance bond in a penal sum equal to the purchase order price for each such project. This certificate is limited to the Estimated Annual Value of the contract, although the Surety may provide payment and performance bonds that, in total, exceed the Estimated Annual Value of the contract. In lieu of an actual certificate, the ESCNJ will accept this form duly executed by an authorized agent or representative of a Surety Company. To: Educational Services Commission of New JerseyRe: _______________________________________________Name of Contractor/VendorThis is to certify that the ___________________________________________Name of Surety Company will, if required, provide to a Co-op Member, a payment and performance bond in a penal sum equal to the purchase order price for such project to be performed under this contract, provided, however, that this commitment by the Surety, is limited to the Estimated Annual Value of the contract. __________________________________________________________________________Signature of Authorized Agent of Surety CompanyATTEST: ____________________________________________________________Print Name of Authorized Agent __________________________________________________Date__________________________________________________Name of Surety Company __________________________________________________Address__________________________________________________City, State, Zip Code __________________________________________________Telephone RESPONDENT’S COMMENT FORMThis form is for Respondent’s use in offering voluntary alternates, or other comments intended to afford the ESCNJ information or opportunities to improve the quality of the project, without invalidating the bid proposal. It may not be used to take exception to specific conditions of the project defined in the contract documents which the Respondent does not like. The bid provided must be based upon the plans and specs, and all contract conditions, as stated. If these documents or conditions contain some untenable item, or extremely expensive provision, for example, to which the Respondent wishes to raise objection, this must be done at the pre-bid meeting, or in writing to the Architect through the question process outlined in the Instructions to Respondents. Such inquiries will have response issued by addendum only, and the resulting decision circulated to all Respondents of record. Inquiries raised too close to the bid date will not be able to be answered. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Name of Company______________________________________________________________Address ______________________________________________________________City, State, Zip Code______________________________________________________________Name of Authorized Representative ___________________________________________________Signature _____________________________ Title ____________________ Date __________To be completed and signed below. Return with bid.Acknowledgement of Addenda The Respondent acknowledges receipt of the hereinafter enumerated Addenda which have been issued during period of bidding and agrees that said Addenda shall become a part of this contract. The Respondent shall list below the numbers and issuing dates of the Addenda. ADDENDA NO.ISSUING DATES________________________________________________________________________________________________________________________________________________________________________________________________________________________ No Addenda ReceivedName of Company _____________________________________________________________________Address __________________________________________________ P.O. Box ____________________City, State, Zip Code ____________________________________________________________________Name of Authorized Representative ________________________________________________________Signature ______________________________________________ Date _______________________APPENDIX A AMERICANS WITH DISABILITIES ACT OF 1990Equal Opportunity for Individuals with Disability The contractor and the Educational Services Commission of New Jersey (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the “Act”) (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relive the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.(REVISED 4/10)RETURN WITH BID EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)N.J.A.C. 17:27GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS 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, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, 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 equal employment opportunity 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 this 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 will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor’s commitments under this chapter 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. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at state.nj.us/treasury/contract_compliance)The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office 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 Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. Signature _________________________________________________________________________Name ____________________________________________________________________________Title _____________________________________________________________________________To download the AA-302 form, click this link: FOR COMPLETING THEEMPLOYEE INFORMATION REPORT (FORM AA302)IMPORTANT: READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE FORM. PRINT OR TYPE ALL INFORMATION. FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM MAY DELAY ISSUANCE OF YOUR CERTIFICATE. IF YOU HAVE A CURRENT CERTIFICATE OF EMPLOYEE INFORMATION REPORT, DO NOT COMPLETE THIS FORM. SEND COPY OF CURRENT CERTIFICATE TO THE PUBLIC AGENCY. DO NOT COMPLETE THIS FORM FOR CONSTRUCTION CONTRACT AWARDS.ITEM 1 - Enter the Federal Identification Number assigned by the Internal Revenue Service, or if a Federal EmployerIdentification Number has been applied for, or if yourbusiness is such that you have not or will not receive aFederal Employer Identification Number, enter the SocialSecurity Number of the owner or of one partner, in the caseof a partnership.ITEM 2 - Check the box appropriate to your TYPE OFBUSINESS. If you are engaged in more than one type ofbusiness check the predominate one. If you are a manufacturer deriving more than 50% of your receipts from your own retail outlets, check “Retail”.ITEM 3 - Enter the total “number” of employees in the entirecompany, including part-time employees. This number shallinclude all facilities in the entire firm or corporation.ITEM 4 - Enter the name by which the company is identified.If there is more than one company name, enter the predominate one.ITEM 5 - Enter the physical location of the company. IncludeCity, County, State and Zip Code.ITEM 6 - Enter the name of any parent or affiliated companyincluding the City, County, State and Zip Code. If there isnone, so indicate by entering “None” or N/A. ITEM 7 - Check the box appropriate to your type of companyestablishment. “Single-establishment Employer” shall includean employer whose business is conducted at only one physical location. “Multi-establishment Employer” shall include an employer whose business is conducted at more than one location.ITEM 8 - If “Multi-establishment” was entered in item 8, enter the number of establishments within the State of New Jersey.ITEM 9 - Enter the total number of employees at theestablishment being awarded the contract.ITEM 10 - Enter the name of the Public Agency awarding thecontract. Include City, County, State and Zip Code.ITEM 11 - Enter the appropriate figures on all lines and in allcolumns. THIS SHALL ONLY INCLUDE EMPLOYMENTDATA FROM THE FACILITY THAT IS BEING AWARDED THE CONTRACT. DO NOT list the same employee in more than one job category. DO NOT attach an EEO-1 Report.Racial/Ethnic Groups will be defined:Black: Not of Hispanic origin. Persons having origin in any ofthe Black racial groups of Africa.Hispanic: Persons of Mexican, Puerto Rican, Cuban, or Central or South American or other Spanish culture or origin,regardless of race.American Indian or Alaskan Native: Persons having originsin any of the original peoples of North America, and whomaintain cultural identification through tribal affiliation orcommunity recognition.Asian or Pacific Islander: Persons having origin in any ofthe original peoples of the Far East, Southeast Asia, theIndian Sub-continent or the Pacific Islands. This areaincludes for example, China, Japan, Korea, the PhilippineIslands and Samoa.Non-Minority: Any Persons not identified in any of theaforementioned Racial/Ethnic Groups.ITEM 12 - Check the appropriate box. If the race or ethnicgroup information was not obtained by 1 or 2, specify by whatother means this was done in 3.ITEM 13 - Enter the dates of the payroll period used toprepare the employment data presented in Item 12.ITEM 14 - If this is the first time an Employee InformationReport has been submitted for this company, check block“Yes”.ITEM 15 - If the answer to Item 15 is “No”, enter the datewhen the last Employee Information Report was submitted bythis company.ITEM 16 - Print or type the name of the person completingthe form. Include the signature, title and date.ITEM 17 - Enter the physical location where the form is beingcompleted. Include City, State, Zip Code and Phone Number.TYPE OR PRINT IN SHARP BALL POINT PENTHE VENDOR IS TO COMPLETE THE EMPLOYEE INFORMATION REPORT FORM (AA302) AND RETAIN COPY FOR THE VENDOR’S OWN FILES. THE VENDOR SHOULD ALSO SUBMIT A COPY TO THE PUBLIC AGENCY AWARDING THE CONTRACT IF THIS IF YOUR FIRST REPORT; AND FORWARD ONE COPY WITH A CHECK IN THE AMOUNT OF $150.00 PAYABLE TO THE TREASURER, STATE OF NEW JERSEY (FEE IS NON-REFUNDABLE) TO:NJ Department of the TreasuryDivision of Contract Compliance & Equal Employment OpportunityP.O. Box 209Trenton, New Jersey 08625-0209 Telephone No. 1-609-292-5475NJ Business Registration Form All vendors must have a valid Business Registration Certificate (BRC) from the Department of the Treasury, Division of Revenue prior to conducting business in the State of New Jersey and prior to receiving the award of a contract with a public entity. For more information on how to obtain a Business Registration Certificate, please visit the State of New Jersey, Department of Treasury, Division of Revenue and Enterprise Services website at: . A valid Business Registration Certificate must be provided to the ESCNJ before the award of a contract can be made. ACCEPTANCE OF BIDAndCONTRACT AWARDJob Order Contracting – Paving – Regions 1, 2 and 3TO BE COMPLETED BY RESPONDENTIn compliance with the Request for Bid, the undersigned warrants that I/we have examined the Instructions to Respondents, and, being familiar with all of the conditions surrounding the proposed projects, hereby offer and agree to furnish all labor, materials, and supplies incurred in compliance with all terms, conditions, specifications and amendments in the Request for Bid and any written exceptions to the bid. Signature also certifies understanding and compliance with the certification requirements of the ESCNJ’s Terms and Conditions and any special Terms and Conditions if applicable. The undersigned understands that his/her competence and responsibility and that of any proposed subcontractors, time of completion, as well as other factors of interest to the ESCNJ as stated in the evaluation section will be a consideration in making the award. Your bid for contracting services is hereby accepted. As contractor, you are now bound to sell the materials and services listed by the attached bid based upon the solicitation, including all terms, conditions, specifications, amendments as set forth in the Request for Bid. As contractor you are hereby cautioned not to commence any billable work or provide any material or service under this contract until contractor receives an executed purchase order from a Co-op Member. The parties intend this contract to constitute the final and complete agreement between the ESCNJ and contractor, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall bind any of the parties hereto. No change or modification of this contract shall be valid unless it shall be in writing and signed by both parties to this contract. If any provision of this contract is deemed invalid or illegal by any appropriate court of law, the remainder of this contract shall not be affected thereby. The term of the agreement shall commence on award and continue for two years unless terminated, canceled or extended. By mutual written agreement, the contract may be extended as permitted by law. Company Name ___________________________________________________ Date ____________________Company Address _______________________________ City _______________ State _____ Zip Code______Contact Person __________________________________________________ Title ______________________Authorized Signature (ink only)_____________________________________ Title ______________________ACCEPTANCE OF BID AND CONTRACT AWARD BELOW TO BE COMPLETED ONLY BY ESCNJAwarding Agency: Educational Services Commission of New JerseyAgency Executive: _____________________________________Patrick M. Moran, SBA/BSAwarded this _____________ day of ___________________Contract Number ESCNJ 18/19-66EXHIBIT _________REQUESTS FOR CLARIFICATIONS FORM – PAGE 1 Pursuant to Paragraph ______ of the IFB:ANY ISSUES THAT A BIDDER MAY HAVE WITH REGARD TO THE LEGAL OR TECHNICAL TERMS OF THE INVITATION FOR BIDS MUST BE RAISED IN THE QUESTION PERIOD AND RESOLVED BEFORE THE SUBMISSION OF A PROPOSAL. ACCEPTED BIDS WILL BE SUBJECT TO THE TERMS CONTAINED HEREIN AND IN THE CORE FORMS OF AGREEMENT ATTACHED AS EXHIBIT _______.IF A BIDDER HAS A FORM OF AGREEMENT, LICENSE AGREEMENT OR OTHER TERMS AND CONDITIONS THAT ARE INTENDED TO BE PART OF THE BID, THE BIDDER SHOULD SUBMIT SUCH AGREEMENT OR TERMS AND CONDITIONS DURING THE QUESTION PERIOD AND ASK IF THEY ARE ACCEPTABLE. PLEASE NOTE: 1) THIS FORM IS NOT TO BE CONSIDERED AS A REQUIREMENT TO SUBMIT ALTERNATE “OR EQUAL” PRODUCTS FOR PRIOR APPROVAL. 2) ANY REQUESTED MODIFICATIONS RESULTING TO A MATERIAL CHANGE IN THE TERMS AND CONDITIONS WILL RESULT IN A FORMAL ADVERTISED ADDENDUM ISSUED TO ALL BIDDERS. ANY REQUEST FOR MODIFICATION NOT RESULTING IN A FORMAL ADDENDUM IS DEEMED TO BE REJECTED. FINAL BIDS CONTAINING MATERIAL DEVIATIONS WILL BE REJECTED. If the Bidder seeks to request consideration of forms of agreement, license agreements or to modify core terms and conditions of the specifications or other criteria contained in this IFB and any addenda, they must be clearly stated below and on separate pages if necessary and attached to this page to be returned with your proposal. I have read and understand the Requests for Clarifications Form. Please check one box below. I AM requesting clarifications to this IFB. I AM NOT requesting clarifications to this pany Name_______________________________________________________Authorized Signature_______________________________________________________Company Address______________________________________________________________________________________________________________Printed Name_______________________________________________________Title _______________________________________________________Telephone_______________________________________________________REQUESTS FOR CLARIFICATIONS FORM – PAGE 2 REQUESTED MODIFICATIONS, CLARIFICATIONS OR DOCUMENTS TO BE CONSIDERED ARE NOTED AS FOLLOWS: Please attach copies of any documents to be considered. Exceptions also noted on the __________________.Vendor Contact FormIf you are awarded a contract with the ESCNJ, we will post this contact sheet on our website for members to contact. Please complete and include with your bid package. List the individual(s) who will be best equipped to handle calls from our 1,250+ Members and have knowledge of your award. BidJob Order Contracting – Paving: Repair and Maintenance #ESCNJ 18/19-66 – Regions 1, 2 and 3VendorRepresentativeAddressTelephone #Fax #EmailWebsiteESCNJ Co-op QuestionnaireCompany NamePlease check Yes/No answers. “Days” requested are calendar days. If room provided is inadequate indicate, “see attached” and label the attachment with the question number.Can your company serve all of New Jersey with the best service offered? YES / NODo you currently have representatives for New Jersey? YES / NO (If no, a plan and timeline for providing these services is to be attached.)Is your pricing guaranteed for the term of the contract? YES / NOIs shipping/handling (S/H) included in the price? YES / NOIf Prepaid and Add (PP & A), estimate S/H on purchasesDescribe your return policy Do you have a restocking fee? YES / NOWhat is your restocking fee, if any? (Provide a copy of your restocking policy) Will you offer Co-op Members a quick pay discount? YES / NOIf YES, what is the discount?Number of days?Delivery of stocked items is promised within daysWhat is your average time from receipt of order to shipping stocked items? daysDelivery of non-stocked items is promised within daysDo you have minimum order requirements? YES / NO If yes, please describe.As an important part of the evaluation of your offer, you must indicate the level of support you are offering in this bid. A bid will be determined to be non-responsive if this question is unanswered. Check either line a, b, or c. Prices offered in this bid are: a. The same as we offer on single school district bids. b. The same as we offer to cooperatives and state purchasing departments. c. Better than we offer to cooperatives or state purchasing departments.If either line b or c is checked, indicate the percent lower (on single items) than the best price ordinarily offered to educational institutions, cooperatives, or state purchasing departments. Two percent (2%) Three percent (3%) Four percent (4%) Five percent (5%) Six percent (6%) Other Additional quantity or volume discounts are identified on the pricing page:_____YES/ _____NOSignature (Same signature as on Non-Collusion Signature and Acceptance Form)ESCNJ Co-op Questionnaire1. Do you have a New Jersey Sales Force? YES NO2. How many sales people are assigned to New Jersey? 3. Do you maintain a sales office(s) in New Jersey? YES NO 4. If yes please attach locations and contact information.5. Please attach a list of ESCNJ Cooperative Members you are currently servicing as customers.6. For Freight or Shipping terms not noted within Section 16 of “General Specifications,” please attach documentation to this form. Authorized Signature Authorized Name: Please PrintCompany:Statement of Suspension or DebarmentSTATE OF NEW JERSEY/ _________________________________________Specify, of other COUNTY OF _____________________________________________I, __________________________________________ of the (City, Town, Borough)of _________________________________________ State of ____________________ of full age, being duly sworn according to law on 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 is not at the time of the making this bid included on the New Jersey State Treasurer’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. Name of Contractor: _______________________________________________(Company Name)By: ______________________________________________________________(Signature of authorized representative) Subscribed and sworn to before meThis__________ day of _________________, 20 ____. ____________________________________________(Seal) Notary Public of New Jersey/Specify Other StateMy Commission expires________ 20 ___. Educational Services Commission of New JerseyDISCLOSURE OF INVESTMENT ACTIVITIES IN IRANPART 1: CERTIFICATIONBIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX. FAILURE TO CHECK EITHER BOX WILL RENDER THE PROPOSAL NON-RESPONSIVE.Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury’s Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at . Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a bidder’s proposal non-responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.PLEASE CHECK EITHER BOX:I certify, pursuant to Public Law 2012, c. 25, that neither the person/entity listed above nor any of the entity’s parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification ORI am unable to certify as above because I or the bidding entity and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department’s Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.Part 2?PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRANYou must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below.PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS. PLEASE PROVIDE THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, USE ADDITIONAL PAGESName:Relationship toBidder/Vendor:Description of Activities:Duration of Engagement:Anticipated Cessation DateBidder/VendorContact Name:Contact Phone Number:Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the below-referenced person or entity. I acknowledge that the Educational Services Commission of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of contracts with the Educational Services Commission of New Jersey to notify the Educational Services Commission of New Jersey in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreements(s) with the Educational Services Commission of New Jersey and that the Educational Services Commission of New Jersey at its option may declare any contract(s) resulting from this certification void and unenforceable.Full Name (Print): Signature:Title: Date:Bidder/Vendor:To All Respondents: REMINDER!Did you sign all of the bid documents? All bid documents returned to the ESCNJ shall be signed with original signatures. Please use blue ink.The ESCNJ will not accept facsimile or rubber stamp signatures. Failure to sign all bid documents may be cause for disqualification and rejection of the bid. Mr. Patrick M. Moran,Business AdministratorBoard Secretary/QPA ................
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