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Educational Services Commission of New JerseyBRIGHT BEGINNINGS LEARNING CENTER – SECOND FLOOR

1660 STELTON ROADPISCATAWAY, NEW JERSEY 08854

BID SPECIFICATIONS & GENERAL REQUIREMENTS FOR

Ardex Concrete Repair SystemsBid Number #ESCNJ 18/19-59

BID OPENING DATE: February 14, 2019BID OPENING TIME: 2:00 p.m.

OPENING LOCATION:

ESCNJ BRIGHT BEGINNINGS LEARNING CENTER – 2nd Floor

1660 Stelton RoadPISCATAWAY, NEW JERSEY 08854

NJ STATE APPROVED COOPERATIVE PRICING SYSTEM #65MCESCCPS

Shared Services – A Commitment, Not a Concept.

NOTICE TO BIDDERS

Mr. Patrick M. MoranBUSINESS ADMINISTRATOR

Board Secretary/QPA

NJ State Approved Cooperative Pricing System #65MCESCCPS

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Purchasing Agent for The Educational Services Commission of New Jersey, County of Middlesex, State of New Jersey on February 14, 2019 at 2:00 p.m. prevailing time at 1660 Stelton Road, Second Floor, Piscataway, NJ 08854 at which time and place bids will be opened and read in public for:

Bid No. ESCNJ 18/19-59 Title of Bid: Ardex Concrete Repair Systems

All bids must be submitted to the Educational Services Commission of New Jersey in a sealed envelope, marked “SEALED BID ESCNJ #18/19-59 – Ardex Concrete Repair Systems” on the front of the envelope/package and bear the name and address of the bidder. Respondents must be able to provide products and services to ESCNJ Co-op Members throughout the State of New Jersey or in designated counties as outlined in the bid specifications. Our Co-op currently has over 1,200 Members located throughout the State. Bid documents may be downloaded from the web at www.escnj.us/bidding at no charge or picked up at 1660 Stelton Road, Second Floor, Piscataway, NJ 08854, between the hours of 9:00 a.m. and 3:00 p.m. or mailed to you for a fee in accordance with the OPRA guidelines. E-mail your request to [email protected]; 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.

The duration of the Contract will be for either 12 or 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. MoranBusiness Administrator/Board Secretary

ESCNJ 18/19-59 February 14, 2019 @ 2:00 p.m.Ardex Concrete Repair Systems of 77

mailto:[email protected]

http://www.escnj.us/bidding


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 Flash Drive copy. Respondents selected in response to this 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 need to prepare their own RFP, or gather necessary quotations. This saves the entity time, allowing 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 contracts makes no sense.

ESCNJ requests that respondents only respond if they are able to provide 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 organizational contracts.

“ESCNJ” may be used interchangeably with the Educational Services Commission of New Jersey, as may Co-op member as ESCNJ Cooperative Member.



Questions

Submit all questions about the RFB in writing, referencing the ESCNJ Bid #18/19-59, 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 [email protected]. All questions and responses will be available on the ESCNJ website (www.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. Any questions received (10) days prior to the bid due date 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.

Quarter Quarter Period Report due to ESCNJ Check due to ESCNJQuarter 1 July 1st – September 30th October 15th October 30th Quarter 2 October 1st – December 31st January 15th January 30th Quarter 3 January 1st – March 31st April 15th April 30th Quarter 4 April 1st – June 30th July 15th July 30th

It is the responsibility of the contractor to accurately report all sales to the ESCNJ and to pay the administrative fee as specified. Fees should only be calculated for sales for which you have received payment. (Do not pay administrative fees on sales for which you have not yet been paid.)

The fee amount is listed here for the convenience of the prospective respondent.

ESCNJ Fee 2.0%

Fees shall be made payable by check issued to:

Educational Services Commission of New Jersey

(which may be abbreviated to “ESCNJ”)

and sent to: ESCNJ

Bright Beginnings Learning Center – Second Floor1660 Stelton Road

Piscataway, New Jersey 08854Attn: Bookkeeper

An Excel spreadsheet will be issued to all awarded contractors, on which they will report sales. When there are no sales to report for a quarter, please submit the Excel spreadsheet indicating “No Activity” and submit to the ESCNJ by the required date per the above schedule. Failure to submit accurate quarterly reports in a timely fashion may result in a respondent’s ineligibility to receive a contract in the future, or not being granted a contract extension.


http://www.escnj.us/

mailto:[email protected]


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 New Jersey Co-op Members

Please view the list at this link on the ESCNJ website:

https://www.escnj.us/cms/lib/NJ02211024/Centricity/Domain/318/December-11-18-Current-Member-List-by-County.pdf

Please 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.





Bid No: ESCNJ 18/19-59 Title of Bid: Ardex Concrete Repair Systems

Bid Opening: February 14, 2019

Bids must be sealed, and the envelope to bear the following information:

Title: Ardex Concrete Repair Systems Bid No.:ESCNJ 18/19-59

Name and Address of the Respondent

and delivered to the Business Office of the Educational Services Commission of New Jersey on or before:

Date: February 14, 2019 Time: 2:00 p.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 OFFICE

1660 Stelton Road – Second FloorPiscataway, New Jersey 08854

Patrick M. MoranBUSINESS ADMINISTRATOR VOICE: (732) 777-9848, Ext. 3120BOARD SECRETARY/QPA FAX: (732) 777-9855

To: All Vendors

Authorized Purchases

The 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 Purchases

Any 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’ Responsibility

Do 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.


UNAUTHORIZED ORDERS


Educational Services Commission of New Jersey Business Office


ADVISORY INFORMATION FOR RESPONDENTS

1. 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 February 14, 2019 @ 2:00 p.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. PARKING

Parking in the vicinity of the ESCNJ Administration Building is at a premium. Allow enough time to locate a parking space.

3. MAIL

Mail 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 10:00 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. Acceptance of Bid and Contract Award 17. Labeled Electronic Copy – Flash Drive2. Acknowledgement of Addenda 18. New Jersey Pre-Qualification Affidavit - Notarized and

Sealed3. Affirmative Action Questionnaire or Certificate of Employee

Information Report stapled to Questionnaire19. New Jersey Notice of Uncompleted Contracts -

Notarized and Sealed4. Americans with Disabilities Act of 1990 20. Prevailing Wages Certification5. All Required Bid Proposal Forms A, B, C, D and E. 21. NJ Public Works Contractor Registration Act Certificate

6. Technical Specifications and Manufacturer Warranty Information for ARDEX Concrete Repair Systems and Services (or equivalent brand)– Bid Proposal Form E

22. DPCM Notice of Classification

7. Bid Guarantee (Bid Bond) - Not required for this bid 23. Request for Clarifications Form8. Certificate of Liability Insurance with the Educational Services

Commission of New Jersey named as the certificate holder with Bid Title and # (Upon Award)

24. Respondent Comment Form - Optional

9. Chapter 271 Political Contribution Disclosure Form 25. Statement of Ownership (Ownership Disclosure Certification)

10.

Consent from Surety - Not required for this bid 26. Statement of Suspension or Debarment Form - Notarized and Sealed

11.

Contractor/Vendor Questionnaire/Certification 27. Vendor Contact Form

12.

Disclosure of Investment Activities in Iran Form 28. W-9 Form (Downloadable from IRS website)

13.

ESCNJ Co-op Questionnaire 29. Manufacturer’s Price List(s)

14.

Exhibit A Mandatory Equal Employment Opportunity Language 30. Letter of Authorization from Manufacturer(s)

15.

New Jersey Business Registration Certificate **(Received no later than the time of award)

31. Warranty information from Manufacturer(s)

16.

Non-Collusion Affidavit - Notarized and Sealed 32. Manufacturer’s Product Technical Specification(s)

The 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 Checklist

As 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.

Item Yes No1. 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 an electronic copy of your bid package? (We need one original and one labeled electronic copy –

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 and sealed it properly?10. Have you allowed ample time for the bid to reach the Business Office?



Educational Services Commission of New Jersey1660 Stelton Road – Second Floor

Piscataway, New Jersey 08854

GENERAL SPECIFICATIONS

Mr. Patrick M. MoranBusiness AdministratorBoard Secretary/QPA



Ardex Concrete Repair Systems

INSTRUCTIONS TO RESPONDENTS

1. 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 08854

BY: 2:00 p.m. PREVAILING TIME ON: February 14, 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.

3. One original and one copy shall be submitted along with a labeled digital copy via Flash Drive.

Envelope Label Information:

The ESCNJ does not accept electronic (e-mail) submission of bids.

4. BID OPENING MEETING

All bids will be publicly opened in the ESCNJ meeting rooms (Second Floor), and read beginning at 2:00 p.m. on February 14, 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)).


District: Educational Services Commission of New JerseyBid Number: ESCNJ 18/19-59Project: Ardex Concrete Repair Systems Bid Date: February 14, 2019Bid Time: 2:00 p.m.

Respondent: Name of Company Address: ______________________________________________City, State, Zip: _______________________________________________


5. AFFIRMATIVE ACTION REQUIREMENTS

Each 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; orii. A certificate of employee information report approval issued in accordance with N.J.A.C. 17:27-4; orAn 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. 17:27-4.

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. The signed Affirmative Action Language should also be submitted.

“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. 17:27 et. seq.

6. AMERICANS WITH DISABILITIES ACT

The contractor must comply with all provisions of the Americans with Disabilities Act (ADA), P.L 101-336, in accordance with 42 U.S.C. S121 01 et seq.

7. ANTI-DISCRIMINATION PROVISIONS—N.J.S.A. 10:2-1

N.J.S.A. 10:2-1. Antidiscrimination provisions. Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).


http://njlaw.rutgers.edu/cgi-bin/njstats/getnjstat3.cgi?yr=1985&chap=490


8. BID GUARANTEE AND BONDING REQUIREMENTS (N.J.S.A. 18A:18A-24)

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


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


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.

9. BID PRICE GUARANTEE Sixty (60) Days

When 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. Respondents may extend the award period and guarantee prices by written permission to the ESCNJ.

10. 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.

11. BID PROPOSAL FORM(S)

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(s). Any bid price showing any erasure or alteration should 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(s) must be duly signed by the authorized representative of the company in the appropriate space, at the end of the Bid Form(s). Failure to sign the Bid Proposal Form(s) may be cause to disqualify the entire bid . If the Bid Proposal Form(s) contains more than one sheet, then respondents are requested to record the date, signature, company name and address on each intervening sheet.

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(s), or qualify their bid with conditions differing from those defined in the contract documents. If respondents do make changes on the Bid Proposal Form(s), except as noted above for initialed clerical mistakes, it may be cause to disqualify that particular bid as non-responsive N.J.S.A. 18A:18A-2(y). Manufacture Category and manufacturer date changes are allowed.

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 there-under, 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 installation/services shall include in his/her 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.



12. BRAND NAME OR EQUIVALENT

Whenever the ESCNJ requests a brand name for a particular item, it will consider a “brand name or equivalent”. If the respondent desires to bid an equivalent item the respondent shall do the following:

a. On the Bid Proposal Form(s), write in ink next to the item requested, the respondent’s substitute item, including brand name, model number and full description of item. This is the only change to the Bid Proposal Form(s) the Board will accept. The respondent must supply a comprehensive comparison of the products to demonstrate equivalency.

b. Provide a sample of the substitute item. Samples may be required for all items that are being bid as an alternate to the manufacturer that was specified. The sample item must be provided at the request of the ESCNJ. With the sample item shall be a paper, brochure or illustrative literature outlining the brand/manufacturer name, model number and full description of item.

c. 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.

13. 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 Contracts

N.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 (609) 292-9292.

Construction Contracts

N.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 acontracting 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 or 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 (609) 292-9292.



14. 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 a contract.

15. 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.

16. CONTRACTS A. Award of Contract, Proprietary Awards, Rejection of Bid(s)The contract shall be awarded, if at all, to the lowest responsible respondent as determined by the ESCNJ 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 and to take such alternates that the Board feels are in the best interests of the Co-op Members. The ESCNJ may at its option accept the lowest bid on each item and split awards among the various respondents who submit the lowest responsible bids. Awards may also be made to manufacturers, vendors and dealers of certain products to address the proprietary needs of Co-op Members as defined in Statute 18A:18A-15(D), 18A:18A-2(CC) and N.J.A.C. 5:34-9.1. 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 PricesPursuant 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 requiredUpon 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 copy.4. Other required documents as may be outlined in the bid specifications.



The executed contracts must be returned to:

Mr. Patrick M. Moran, Business Administrator/Board Secretary, QPAEducational Services Commission of New Jersey


within 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 FundsThe ESCNJ may, at its discretion, request that a contract for goods/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.

The ESCNJ shall enter into a formal written contract(s) with the successful bidder(s) only after it has certified the funds available for its own needs. Each Co-op Member contracting unit shall also certify the funds available only for its own needs ordered; enter into a formal written contract, when required by law, directly with the successful bidder(s) issue purchase orders in its own name directly to successful vendor(s) against said contract; accept its own deliveries; be invoiced by and receive statements from the successful vendor(s); make payment directly to the successful vendor(s) and be responsible for any tax liability.

No Co-op member shall be responsible for payment for any items ordered or for performance generated, by any other participating Co-op Member. Each Co-op Member shall accordingly be liable.

E. Term of Contract

The term of the contract will be for 12 months with the same awarded pricing or 24 months with the possibility of ESCNJ approved legitimate manufacturer price adjustments in the second year and subsequent extensions. The term of the contract will be at the discretion of the ESCNJ at time of initial award. The expected start date is on or about February 22, 2019.

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 the initial bid review and recommend selected Respondents for Board Approval. Successful Respondents will be notified that their contract has been approved by the ESCNJIt 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 activities Contact management for the Contractor and the Co-op Members Advertising, 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.

17. DEBARMENT, SUSPENSION, OR DISQUALIFICATION - (N.J.A.C. 17:19-4.1)

The ESCNJ will not enter into a contract for work with any person, company or firm that is on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, or the State of New Jersey Consolidated Debarment Report (www.state.nj.us/treasury/debarred) or the Federal System for Award—SAM.gov.

All bidders are required to submit a sworn statement indicating whether or not the bidder is, at the time of the bid, included on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List or the State of New Jersey Consolidated Debarment Report, or the Federal Debarred Vendor List--Excluded Parties List System, through the System for Award Management portal—SAM.gov.

18. 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 unless otherwise designated in the bid specification.

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 the co-op members location and taken off the truck by transportation carrier personnel and brought to a designated area inside the school/office/building except as noted otherwise in this bid. Transportation carrier personnel are responsible to then 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 should be completed within five (5) business days of the actual delivery date unless arranged otherwise with the member.

Failure to assemble, setup, or erect items within the stated time may result 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 except as stated otherwise in this bid. I.e. bulk shipments, truck loads, heavy equipment such as exercise equipment (treadmills etc.) and weights.

Please note! All packages, boxes, cartons etc., when delivered, should 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 GuaranteeThe 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 TimesThe successful vendor(s) shall deliver items to the Co-op Members Monday through Friday per their instructions. Vendors are to secure written permission from the Co-op Member to deliver items during times other than normal hours of the Member’s operation.



19. 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; Ext 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.

20. ESTIMATED VALUEThe ESCNJ Co-op Membership is in excess of 1,200 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. Co-op members purchased in excess of $854,000.00 of Ardex Concrete Repair Systems from the preceding ESCNJ Co-op bid. It is anticipated with the addition of new Co-op Members, the volume of sales from this award will be even greater.

21. 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 of 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.

22. REQUESTS FOR CLARIFICATIONS

Any 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 51-52 in this IFB.

23. 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.

24. FORCE MAJEURE

Neither 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.



25. 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 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.

26. INSURANCE

The 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/vendor must present to the ESCNJ an insurance certificate reflecting the above coverage and limits before stepping on to the property.b. The certificate holder shall be as follows: Educational Services Commission of New Jersey c/o Business Administrator/Board Secretary 1660 Stelton Road – Second Floor Piscataway, New Jersey 08854c. Description Box -- The contractor shall include the following clause on the insurance certificate at a minimum:

“ESCNJ is an additional insured with on the general liability and automobile liability policies” and list the bid name and number.

All insurance carriers must be licensed in New Jersey and rated “A-“or higher by AM Best Rating service. ESCNJ has the discretion to reject any insurance carrier that does not meet these requirements.

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.

27. 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



28. INTERPRETATIONS AND ADDENDA

No interpretation of the meaning of the specifications will be made to any respondent orally. Every request for such interpretations should be made in writing to the ESCNJ and must be received no later than ten (10) days prior to the bid due date 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.

29. IRAN DISCLOSURE N.J.S.A. (18A:18A-49.4)

The ESCNJ, pursuant to N.J.S.A. 18A:18A-49.4, shall implement and comply with Public Law 2012, c.25, Disclosure of Investment Activities in Iran—N.J.S.A. 52:32-55 et seq.

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 a certification attesting, 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 http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below certification.

If the ESCNJ determines that a person or entity has submitted a false certification concerning its engagement in investment activities in Iran under section 4 of P.L.2012, c.25 (C.52:32-58), the ESCNJ shall report to the New Jersey Attorney General the name of that person or entity, and the Attorney General shall determine whether to bring a civil action against the person to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L.2012, c.25 (C.52:32-59).

In addition, bidders 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 on the lower portion of the enclosed form.

The ESCNJ has provided within the specifications, a Disclosure of Investments Activities certification form for all persons or entities, that plan to submit a bid, respond to a proposal, or renew a contract with the ESCNJ, to complete, sign and submit with the proposal.

Failure to complete, sign and submit the Disclosure of Investment Activities in Iran form with the bid/proposal shall be cause for rejection of the bid or proposal.

30. 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.

31. LIQUIDATED DAMAGES

Liquidated 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.

32. NON-COLLUSION AFFIDAVIT

A notarized Non-Collusion Affidavit must be submitted with the bid. (N.J.S.A. 2A:93-6)



33. PAYMENTS

Every 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 voucher by vendor; Packing Slips; and Invoices.

Payment will be rendered upon completion of services or delivery of full order to the satisfaction of the Co-op, 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 NJ State Cooperative Designator #65MCESCCPS. The invoice must include the ESCNJ Bid Number. The invoice must include the purchase order number from the 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.

Prompt payment, (Optional Discount)

The ESCNJ may request in the General Specifications of this bid, a prompt payment discount. If so offered by the ESCNJ, vendors and contractors at their option may request prompt payment by offering to the Co-op Member a percentage (%) discount deduction from the total amount of the contract (order).

If the Co-op Member accepts the percentage (%) discount offered by the vendor/contractor it shall pay the vendor/contractor the total contract amount minus the percentage (%) discount within twenty-one (21) days. If the Co-op is unable to meet the twenty-one (21) day deadline the discount will not be deducted from the total contract order amount.

The twenty-one (21) day period begins with the receipt of all goods ordered or services rendered to the complete satisfaction of the Co-op Member, provided the Co-op Member receives the appropriate documentation including but not limited to:

Signed voucher by vendor Invoices Packing Slips Certification of completion of project by Building Services

Example:Contract Order $ 52,000.00Prompt Payment Discount 8% $4,160.00Prompt Payment $ 47,840.00

Please note:The prompt payment clause, because it is an option by both the vendor and the ESCNJ, shall not be a factor in determining the lowest responsible bid.



34. POLITICAL CONTRIBUTIONS DISCLOSURE – REQUIREMENTS

Pursuant 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.

35. POLITICAL CONTRIBUTION DISCLOSURE STATEMENT – PAY TO PLAYA 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 www.elec.nj.us.

36. 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.

37. QUALIFICATION OF RESPONDENTS - Contractor Questionnaire Certification FormThe 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 the 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 of record.

b. RESPONDENT’S RESPONSIBILITY FOR BID SUBMITTAL It 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.


http://www.elec.nj.us/


38. 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 Program

CN 368Trenton, New Jersey 08625-0368

39. SAMPLES

From time to time the ESCNJ may require the submission of samples either before or at the time of the 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 he sees fit.

40. STATEMENT OF OWNERSHIP (OWNERSHIP DISCLOSURE CERTIFICATION) (N.J.S.A. 52:25-24.2) (P.L. 1977, c.33, as amended by P.L. 2016, c.43) No business organization, regardless of form of ownership, shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent or more of its stock or interest of any type at all levels of ownership. The included Statement of Ownership shall be completed and attached to the bid proposal. This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, publicly-owned corporations, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a disclosure document shall result in rejection of the bid as it cannot be remedied after bids have been opened. Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is required.

41. SUBCONTRACTING; ASSIGNMENT OF CONTRACT

Contractors, services providers, and all vendors with whom the ESCNJ has an executed contract may not subcontract any part of any work done or assign any part of contract for goods or materials for the 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 may require the following documents to be secured from all approved subcontractors:

- Insurance Certificate as outlined in the bid specifications;- Affirmative Action Evidence as outlined in the bid specifications;- Written certification that the subcontractor shall adhere to prevailing wages as provided through New Jersey State Law.- New Jersey Business Registration Certificate- Statement of Suspension or Debarment- Political Contribution Disclosure- Statement of Ownership- Americans with Disabilities Act of 1990- W9- Disclosure of Investment Activities with Iran- Additional documents as listed in the Bid Proposal Forms for Installation from Trades

In cases of subcontracting, the ESCNJ 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.



42. PREVAILING WAGES

Where 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.

43. TAXES

As 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.

44. TARIFF PROTECTION

In the event that prices are increased due to tariffs implemented by the federal government such increases may be included in updated pricing as governmental surcharges. Vendors must provide detailed documentation on said tariffs and their impact on commodity pricing. All proposed increases must be approved by the ESCNJ prior to implementation.

45. 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.

46. 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. That respondent shall also be disqualified from future bidding on the same project if the project is re-bid.

After The Bid Opening

The 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.

47. DOCUMENTATION

The Contractor shall maintain all documentation related to products, transactions or services under this contract for a period of (5) 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 Road- Second FloorPiscataway, New Jersey 08854

BID DOCUMENTS AND REQUIRED DOCUMENTATION

All 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/QPA



EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY1660 STELTON ROAD – SECOND FLOOR, PISCATAWAY, NEW JERSEY 08854

Bid Proposal Form A: Requirements for Bidders

Purpose of Bid: The ESCNJ Cooperative Pricing System is requesting bids for the Purchase and Installation of Ardex Concrete Repair Systems. The prices offered on these products will be made available to over 1,200 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 service over 1,200 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 to gain a large number of customers throughout the State. Please consider this when bidding.

Scope of Services: The ESCNJ is seeking pricing on the Purchase and Installation of Ardex Concrete Repair Systems products, or equivalent. These products are used to repair and treat concrete surfaces, as well as various interior and exterior structures such as floors and walls. The ESCNJ requests pricing for products and installation. Technical specifications for Ardex products, along with bid specifications are available for download at this link: https://www.escnj.us/bidding.

The intent of this contract is to permit ESCNJ Co-op Members to enter into agreements to perform building maintenance and make certain repairs, upgrades and modifications to its facilities. This RFB is not intended to be utilized for the purpose of undertaking a major capital project normally bid as an entire project through a general contractor or through multiple primes.

Types of Services Performed: The following three types of services will be performed under the resulting contract for Ardex products: Structural Repairs, Moisture Control Systems, and Cosmetic Services (Concrete Resurfacing). They are defined below.

Structural Repairs: The vendor will supply and install Ardex concrete repair system using Ardex structural repair mortars. Key saw cut areas in basic rectangular shapes to a minimum depth of ¼” to ½”. Prior to pour, mechanically remove all loose or weak concrete, dirt, debris, and any contaminants that may break the bond. Thoroughly vacuum and sweep to remove all loose debris. If any metal is exposed, clean off all rust by use of wire brushes and apply Ardex BACA rust protector to all sides exposed and surrounding concrete. After the mortar has cured, apply Ardex concrete dressing and guard as necessary.

Moisture Control Systems: The vendor will supply and install Ardex epoxy moisture control system formulated to suppress moisture vapor emissions in new and old concrete. Installs over 100% RH reading and any lbs of Calcium Chloride.

Cosmetic Services (Concrete Resurfacing): The vendor will supply and install Ardex concrete dressings and guard to repaired surface. Supply and install Ardex PC-T, polished concrete topping. Mechanically prepare the concrete, install EP2000 epoxy primer with a sand broadcast, install minimum 3/8” PC-T. After 24 hours cured, start polishing process. Double grind, crisscross pattern, 60-80 metals, double grind, crisscross pattern, 100 hybrids, grind 200 resins. Apply Ardex PC-10 densifier, grind 400 resins, apply PC Finish, Buff with 400 pad, apply second coat of PC-10, buff with 800 pad.

It is the intention of the ESCNJ to offer equal opportunity to all bidders. For the general purpose of this bid, the basis of design shall be Ardex Concrete Repair Systems. VENDORS MAY SUBMIT ALTERNATE MANUFACTURERS FOR THIS BID. The ESCNJ may make more than one award for this bid if the Board feels it is in the best interest of ESCNJ Co-op Members. All Bidders shall complete and sign the Vendor Qualifications Form and submit the Technical ESCNJ 18/19-59 February 14, 2019 @ 2:00 p.m.Ardex Concrete Repair Systems of 77


Specifications for all manufacturer’s products with your bid submission. All vendors shall submit their Ardex Concrete Repair System materials and application service charge Rates Per Square Foot pricing being offered to ESCNJ Co-op Members for Year 1 and Year 2. “Or Equivalent” Bids: The ESCNJ will consider bids for “or equivalent” products. In order for an “or equivalent” product to be considered, the respondent must compose a comparative statement, illustrating how the product(s) they are bidding are equivalent to, or of better quality than those specified. This statement must clearly delineate how their product is “equivalent to” or better. This statement may be accompanied by detailed product specifications and brand literature. The latter items, however, are not substitutes for the comparative statement. Demonstrating product equivalency lies upon the bidder. Respondents must also provide comprehensive price lists for all products and components on which they are bidding. Failure to provide a comparative statement, technical specifications or pricing may render the bid submission non-responsive.

Respondents must provide a list of Ardex Concrete Repair Systems® (or equivalent brand) Service Providers wha are Licensed, Certified, Trained and Experienced Installers via Contractor listing for all areas in NJ that will be served by the bidder. The ESCNJ requires electronic submission of all bid documents by saving them to a Flash Drive. Please check to see that all documents are properly saved to and are accessible on the submitted Flash Drive.

Discontinued Items: The prices and discounts submitted with this bid are valid throughout the term of the contract. Price increases during the term of the award are not permitted by New Jersey State Law. If a product is discontinued during the term of this contract, the product may be replaced with another that is considered equivalent at an equal or lesser price. The ESCNJ must approve any substitutions of an older item for a new one.

Prevailing Wage: Vendors must adhere to New Jersey State Prevailing Wage laws; any subcontractors and installers named in this bid understand the requirements of the subcontractor to pay prevailing wages in full accordance with the law and provide Certified Payroll documents to ESCNJ Co-op Member accordingly. Respondents, as well as any named dealers, will complete and return with their bid, the Prevailing Wage Certification included in these bid specifications.

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.

MANUFACTURER AUTHORIZATION: All respondents must submit a letter from the manufacturer of the products on which they are bidding, verifying they are authorized to sell and install their products with this bid. Letters from customer service or marketing departments are not acceptable. Letters must be from the manufacturers’ Representative, Regional Vice Presidents or Corporate Presidents. This letter must be printed on the manufacturer’s letterhead containing contact information for verification of the letter. Failure to do so may render the bid non-responsive.”

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 New Jersey Business Registration Certificate Bidder must also provide a list of Subcontractors/Service Providers of Ardex Concrete Repair Systems® who are

Licensed, Certified, Trained and Experienced Installers/Contractors (or Equivalent Brand) in the NJ Counties or Statewide that are certified to install and/or provide maintenance services for Ardex Concrete Repair Systems® products or equivalent brand concrete repair systems. Subcontractors must comply with Bidder’s pay rates as submitted to and accepted by the ESCNJ.

Material Safety Data Sheets (MSDS SHEETS) As a condition of award, the contractor must provide MSDS sheets for each product submitted with vendor’s bid and supplied to ESCNJ Co-op Member upon every delivery of awarded contract product as appropriate. Contractor shall submit a Material Safety Data Sheet for each type of product contracted at any time during the contract period.



Work Area Cleanliness: The Contractor(s) shall maintain the work site and keep it free of all debris, scrap materials, and rubbish caused by delivery and installation. The Contractor(s) is responsible for keeping a neat and orderly workplace. Once installation is complete, the Contractor(s) shall remove all equipment, machinery, tools, and any other related equipment used for installation, from the project site. The Contractor(s) will remove and clean all stains, oil, dust and dirt from materials, work surfaces, equipment, as well as carpeting and tile surrounding the work area. In situations where the Contractor(s) requires storage of materials, they must be stored in an orderly fashion and in a proper storage site which must be pre-approved by the ESCNJ Co-op Member’s Supervisor of Buildings and Grounds or other authorized personnel.

Safety Measures: Contractors shall take all necessary precautions for the safety of employees on the worksite, and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workers and public. They shall post danger-warning signs against the hazards created by their operation and work in progress. Proper precautions shall be taken pursuant to State law and standard construction practices in order to protect workers, the general public and existing structures from injury or damage.

Termination of Contract: ESCNJ Members shall pay non contested invoices submitted in a timely fashion. The Contractor shall perform all of the work required in a timely manner and with quality workmanship in compliance with all of the terms and conditions as detailed in the specifications. Upon certification of the Member, in writing, of the Contractor’s failure to comply with the above requirements and the Contractor’s failure to correct such deficiencies within 30 days, the Member may terminate the contract unless the Member can demonstrate that Contractor’s failure to perform clearly endangers the health, safety and/or welfare of the Member’s employees and/or students, in which case the Member may terminate the contract immediately. The Member will report problems with the Contractor and the Contractor’s ESCNJ Cooperative award may be terminated.

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.

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.

Bulk Discounts: Vendors who wish to propose bulk or volume discounts on items may do so by submitting a separate attached pricing sheet of their own, clearly outlining the bulk or volume discounts they will offer to ESCNJ Members upon award. Please be specific when submitting bulk and volume discounts for Ardex products.

The successful vendor must abide by all applicable federal, state, and local laws, codes, and ordinances governing any are(s) in which any service is rendered and must have all required permits, licenses, agreements, tariffs, bonding, and insurance required by same. No claims for additional payment will be approved for changes required to comply with any such requirements. No late payments will be applied.

Responses must clearly identify all charges and components necessary for performance of the contract even if such are not specifically addressed in any paragraph or sub-paragraph or form that is a part of this request.



Performance Bond Option: In some cases, an ESCNJ Co-op Member may request a performance bond. Therefore, the ESCNJ asks for a cost per $1,000 ($/$1K) for a performance bond. If you will not charge for a performance bond, please insert “0” in the appropriate field on the Bid Proposal Form below. If you are not submitting a bid for this portion, please input “NO BID.”

OPTIONAL COST FOR PERFORMANCE BOND (If requested by an ESCNJ Co-op Member.)

The ESCNJ asks for a cost per $1,000 ($/$1K) for a performance bond. If you will not charge for a performance bond, please insert “0” in the appropriate fields below. If you are not submitting a bid for this portion, please input “NO BID.”

Please provide the information below. Cost per $1,000 for bond ($/$1K)

PERFORMANCE BOND YEAR ONE: _______________ ($/$1K) PERFORMANCE BOND YEAR TWO: _______________ ($/$1K)

_________________________________________________ ___________________________________________ Company Name Date

_________________________________________________ ___________________________________________ Authorized Representative (Print name) Title

_______________________________________________________________ Authorized Signature

Bulk Discounts: Vendors who wish to propose bulk or volume discounts on items may do so by submitting a separate attached pricing sheet of their own, clearly outlining the bulk or volume discounts they will offer to ESCNJ Members upon award. Please be specific when submitting bulk and volume discounts for Ardex products.


Responses must clearly identify all charges and components necessary for performance of the contract even if such are not specifically addressed in any paragraph or sub-paragraph or form that is a part of this request.

Optional services must be identified separately, and must include clear descriptions of proposed services.

ESCNJ COOPERATIVE WEB SITE

Bid Awards and pricing for goods and services will be available on the ESCNJ Co-op website.



AWARD CRITERIA

The ESCNJ Co-op Pricing System is requesting bids from vendors for Ardex® Concrete Repair Systems to our Co-op Members.

The successful vendor(s) shall have the ability to provide historical data to assist ESCNJ with annual audits.

The successful vendor must give ESCNJ members the benefit of all general price reductions extended to its other customers at any time during the period of this contract or any extension thereof. Written notice will be made to ESCNJ in the event of a decrease in the prevailing contract price and will become effective immediately. Any manufacturer specials or incentives may be passed along to our members but should be made known to the ESCNJ prior to extending these offers to our members so that we may vet quotes for members if asked to do so.


Quarterly Reporting: Awarded Contractors are required to submit quarterly sales reports per the terms noted on page 4 of these specifications. All sales made through the ESCNJ contract must be reported; the ESCNJ takes a 2% fee on all sales and services for which you receive payment. Awarded contractors agree to comply with timely submission of quarterly reports for all sales made through the resulting ESCNJ contract for Ardex Concrete Repair Systems.

Awards: Bid proposals will be evaluated based on a vendor’s responsiveness to the requirements set forth in these bid specifications, as well as the pricing quoted on the products specified. Awards may be made by County or on a regional basis pertaining to the respondent(s)’ ability to serve specific areas within the State. Respondents should submit all required bid pricing sheets, indicating which areas of New Jersey they serve.

Bidders will supply products that are made in the United States of America, when possible.

Term: The term of this contract will be for either 12 or 24 months with extensions as permitted by law, when in agreement to do so by both the awarded vendor and the ESCNJ. All pricing, discounts and/or price lists quoted herein will remain firm throughout the duration of the contract with the ESCNJ; however, Vendors may submit verifiable Manufacturer price changes and new related products for ESCNJ consideration for approval throughout the bid award period. Price changes and new products must be offered at the same discount rate as provided by the bidder with the original bid submission. If a product is discontinued by a manufacturer during the term of this contract, written proof must be submitted. The ESCNJ must approve any substitutions of an older item for a new one at the same or lesser discount as bid originally. All terms and conditions will apply throughout the duration of contract, as well as any extensions made.

Proposal Forms: Respondents should complete the bid pricing forms which are available for download, along with the technical specifications, at this link: https://www.escnj.us/bidding.

Marketing: Awarded contractors will be required to provide a marketing plan that outlines the promotion of the ESCNJ contract. This plan is due within 30 days of award and must have provisions for reporting on marketing.



The following five (5) bid proposal forms must be completed, signed and submitted with the bid:

Bid Proposal Form A: Ardex Concrete Repair Systems – Requirements for Bidders Bid Proposal Form B: Ardex Concrete Repair Systems – Market Basket Pricing Sheet – pages 1 and 2 for Year 1 & Year 2Bid Proposal Form C: Ardex Concrete Repair Systems – Ardex® Concrete Repair Systems (or Equivalent Brand) and Services Licensed, Certified, Trained and Experienced Installer/Contractor Listing and Labor Rates (or Equivalent Brand) Licensed, Certified, Trained and Experienced Installer/Contractor Bid Proposal Form D: Ardex Concrete Repair Systems – Ardex® Concrete Repair Systems (or Equivalent Brand) Site Review Fees and Travel RatesBid Proposal Form E: Ardex Concrete Repair Systems – Ardex® Concrete Repair Systems (or Equivalent Brand) - Description and Technical Specification Acknowledgement 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.

ESCNJ Co-op Members are located throughout all twenty-one (21) counties in New Jersey. In each Bid Proposal Form, please specify the counties in which your company will offer the pricing submitted for the Ardex Concrete Repair Systems or equivalent brand products. If you are offering uniform pricing to all counties in the State, please check the appropriate box. You may not submit more than one bid per County. Include the ESCNJ fee (2%) in your pricing. This award may be extended as permitted by law, in concurrence with the ESCNJ and the awarded vendor.

Pricing for the the Ardex Concrete Repair Systems or equivalent brand products will be extended to all counties in New Jersey: Yes No

North Jersey Discount Apply? Central Jersey Discount Apply? South Jersey Discount Apply?Bergen Hunterdon Atlantic Essex Mercer Burlington

Hudson Middlesex Camden Morris Monmouth Cape May Passaic Ocean Cumberland Sussex Somerset Gloucester Union Warren Salem

Acknowledgement: We acknowledge that the requirements as set forth in this RFB Proposal Form A will be incorporated as part of our contract with the ESCNJ Cooperative Members upon award. We have enclosed with our bid, a letter of authorization from the manufacturer(s) product(s) on which we are bidding, on their letterhead. In addition, price lists submitted are made available electronically on a flash drive. We have signed and attached Bid Proposal Forms A, B, C, D, and E, with our pricing, discounts, original signatures. All pricing, discounts, and/or price lists quoted herein will remain firm throughout the duration of the contract with the ESCNJ unless authorized by the ESCNJ.

__________________________________________________ ____________________________________________Company Name Date

________________________________________ ____________________________________________Authorized Representative (Print name) Title

Authorized Signature _____________________________________________________________________________



ARDEX® CONCRETE REPAIR SYSTEMS AND SERVICESConcrete Repair Systems Description

ARDEX® ENGINEERED TOPPINGS

ARDEX CDTM A concrete resurfacing compound modified with high-preformance polymers for exceptional bond strength. Ardex CD is used over the surface of existing concrete to produce a new wear layer as well as to fill in small surface defects, such as spalls and gouges, and most vertical concrete surfaces. Compressive Strength (ASTM C109/mod – Air cure only): 4000 psi (27.6 N/mm2) at 28 days.

ARDEX CD FINETM A concrete resurfacing compound modified with high-preformance polymers for exception bond strength. Once applied, ARDEX CD FINE may be broom textured before it sets to provide a reduced-slip surface. Compressive Strength (ASTM C109/mod – Air cure only): 4000 psi (27.6 N/mm2) at 28 days.

ARDEX K 301TM ARDEX K 301TM Exterior Self-Leveling Concrete Topping is a self-leveling topping and underlayment for fast-track resurfacing and smooting for exterior and interior applications over concrete and approved, properly prepared, non-porous surfaces on, above or below grade.Compressive strength (ASTM C109/mod – air cure only): 4,300 psi (301.0 kg/sq. cm.) at 28 days.Flexural strength (ASTM C348): 1,000 psi (70.0 kg/sq. cm.) at 28 days.

ARDEX® PATCHING AND STRUCTURAL REPAIR

ARDEX CPTM ARDEX CPTM – a towel-grade, cementitious topping for filling and repairing areas of indoor and outdoor concrete above, on or below grade. Compressive Strength (ASTM C109/mod – Air cure only): 3600 psi (253 kg/sq. cm) at 28 days.

ARDEX TRMTM ARDEX TRM™ Transportation Repair Mortar is a formable, pourable, pumpable, microsilica-modified Portland cement-based, structural repair mortar for deteriorated exterior and interior concrete above, on or below grade.Compressive Strength (ASTM C109): 2 hours 3500 psi 245.0 kg/sq. cm; 3 hours 4500 psi 315.kg/sq. cm; 1 day 5750 psi 402.5 kg/sq. cm; 7 days 7500 psi 525.0 kg/sq. cm; 28 days 11500 psi 805.0 kg/sq. cmFlexural Strength (ASTM C78): 7 days 850 psi 59.5 kg/sq. cm; 28 days 1100 psi 77.0 kg/sq. cm

ARDEX TWPTM ARDEX TWP™ is a trowelable Portland cement-based finishing compound used to fill and smooth interior and exterior vertical concrete surfaces such as tilt-up walls, pre-cast or poured in place concrete panels, and other concrete or masonry surfaces prior to sealing or painting.

ARDEX OVPTM ARDEX OVP™ is a trowelable Portland cement-based finishing compound used to fill and smooth interior and exterior vertical concrete surfaces such as tilt-up walls, pre-cast or poured in place concrete panels, and other concrete or masonry surfaces prior to sealing or painting.

ARDEX B 20TM ARDEX B 20™ is a trowel-grade, Portland cement-based, polymer modified, structural repair mortar for vertical and overhead concrete. Compressive Strength ASTM C109 (psi): 1 day 3000; 7 days 5000; 28 days 6300Flexural Strength ASTM C293 (psi): 7 days 1100; 28 days 1500Splitting Tensile Strength ASTM C496 (psi): 7 days 485; 28 days 565Modulus of Elasticity ASTM C469 (psi): 28 days 2.26 x 106

Direct Tensile Bond ASTM D4541(psi): 28 days 500 (failure in substrate)Length Change ASTM C157 %: 7 days < 0.1; 28 days < 0.1; ASTM C157 (wet cure) 28 days < 0.03

ARDEX ERMTMARDEX ERM™ Exterior Ramp Mortar is a trowel-grade, polymer-modified Portland cement-based, structural repair mortar for deteriorated exterior and interior concrete above, on or below grade. It has a corrosion inhibitor built-in to protect reinforcing steel.Compressive Strength (ASTM C109): 7 days 7000 psi; 490 kg/sq. cm; 28 days 8200 psi; 574.0 kg/sq. cm Flexural Strength (ASTM C293): 7 days 1200 psi; 84 kg/sq. cm; 28 days 1500 psi; 105 kg/sq. cmModulus of Elasticity ASTM C469): 28 days 3.67 x 106 psi; 2.6 x 105 kg/sq. cmLength Change (ASTM C157): 7 days 0.06%; 28 days 0.08%

ARDEX FDMTM ARDEX FDM™ Full Depth Repair Mortar is a formable, pourable, pumpable Portland cement-based, structural repair mortar for deteriorated exterior and interior concrete above, on or below grade.Compressive Strength (ASTM C109): 1 day 3500 psi; 245 kg/sq. cm; 7 days 5500 psi; 385 kg/sq. cm; 28 days 7000 psi; 490 kg/sq. cmFlexural Strength (ASTM C78): 1 day 1100 psi; 77 kg/sq. cm; 28 days 1150 psi; 80.5 kg/sq. cmModulus of Elasticity: 28 days 3.7 x 106 psi; 2.6 x 105 kg/sq. cmDirect Tensile Bond Strength (ASTM D4541): 28 days 260 psi; 18.2 kg/sq. cm

ARDEX® CONCRETE REPAIR SYSTEMS AND SERVICESESCNJ 18/19-59 February 14, 2019 @ 2:00 p.m.Ardex Concrete Repair Systems of 77


ARDEX® PATCHING AND STRUCTURAL REPAIR (continued)

ARDEX FDXTMARDEX FDX™ Full Depth Extended Repair Mortar is a formable, pourable, pumpable Portland cement-based, structural repair mortar for deteriorated exterior and interior concrete above, on or below grade.Compressive Strength (ASTM C109): 1 day 3200 psi; 224.0 kg/sq. cm; 7 days 4800 psi; 336 kg/sq. cm; 28 days 6000 psi; 420 kg/sq. cmFlexural Strength (ASTM C78): 7 days 700 psi 49 kg/sq. cm; 28 days 750 psi; 52.5 kg/sq. cmSplitting Tensile Strength (ASTM C496): 7 days 400 psi; 28 kg/sq. cm; 28 days 600 psi; 42 kg/sq. cmModulus of Elasticity: 28 days 3.9 x 106 psi 2.7 x 105 kg/sq. cmDirect Tensile Bond Strength (ASTM D4541): 28 days 210 psi; 14.7 kg/sq. cm

ARDEX FPTM

ARDEX FP™ Form & Pour is a formable, pourable, pumpable Portland cement-based, structural repair mortar for deteriorated exterior and interior concrete above, on or below grade.Compressive Strength (ASTM C109): 1 day 2200 psi; 154.0 kg/sq. cm; 28 days 5500 psi; 385 kg/sq. cmFlexural Strength (ASTM C78): 7 days 900 psi; 63 kg/sq. cm; 28 days 1050 psi; 73.5 kg/sq. cmModulus of Elasticity: 28 days 3.6 x 106 psi; 2.6 x 105 kg/sq. cmLength Change (ASTM C157): 28 days 0.09%

ARDEX® BONDING AND WATERPROOFING

ARDEX P 71TM

ARDEX P 71™ Primer is a non-film forming, interior and exterior primer used to improve the application of most ARDEX Engineered Concrete Repair products that require a saturated-surface-dry (SSD) installation method over absorbent concrete substrates.Coverage per Unit:200-250 sq. ft. (18.5-23 sq. m) per unit

ARDEX BACA™ARDEX BACA™ Bonding & Anti-Corrosion Agent is a microsilica-modified, two-component, brush or spray applied coating used as an anti-corrosion agent for reinforcing steel as well as a bonding agent for fresh concrete or mortar to existing concrete surfaces that have been prepared for repair.Bond Strength (ASTM C882): 2 hours 1,800 psi (127 kg/sq. cm); 24 hours 2,100 psi (148 kg/sq. cm)Tensile Strength (ASTM C190): 28 days 800 psi (56 kg/sq. cm)Flexural Strength (ASTM C78): 28 days 2,000 psi (141 kg/sq. cm)Rapid Chloride Permeability (AASHTO T277 and ASTM C1202): 28 days < 150 Coulombs

ARDEX ARDICOAT™ PLUS

ARDEX ARDICOAT PLUS is a two-component system consisting of a liquid acrylic emulsion and a blended cement powder that produce an easy to apply waterproof coating for all types of concrete and masonry on horizontal or vertical surfaces above, on and below grade. Adhesion to Concrete (ASTM D4541): 7 days: 150 psi; 28 days: 177 psi,Tensile Strength (ASTM D 412): w/o mesh: 0.470 psi; w/mesh: 3800 psiElongation at Break (ASTM D 412): w/o mesh: 11%; w/mesh: 9%Flexibility Mandrel Bend (ASTM D522): 28 days: passes 1/8” (77°F)Abrasion Resistance (grams of weight loss): 3,000 cycles: 0.206,000 cycles: 0.34 (ASTM D4060 Taber CS-10 wheel)

ARDEX ARDICOAT™ MESH

ARDEX ARDICOAT MESH is a highly flexible treated glass fiber mesh that reinforces ARDEX ARDICOAT PLUS waterproofing compound. Embedding this mesh into the freshly applied waterproofing compound helps to minimize telegraphing of dormant cracks, and also reinforces critical transitions where building materials change planes. Yield: 450 sq. ft. (41.8 sq. m) per rollTensile Strength, psi (ASTM C496): Warp 45; Weft 55Packaging: 150’ long x 36” wide roll

ARDEX® TOPPINGS AND POLISHED CONCRETE

ARDEX EP 2000™ARDEX EP 2000™ is a solvent-free, low viscosity, two-component, 100% solids epoxy resin primer formulated for use with ARDEX underlayments and toppings.Coverage on CSP 3 Prepared Concrete: Approx. 150 to 200 sq. ft. (13.9 to 18.5 sq. m) per mixed unit of ARDEX EP 2000



ARDEX® CONCRETE REPAIR SYSTEMS AND SERVICES

ARDEX® SEALERS AND JOINT SEALANTS

ARDEX CGTMARDEX CG Concrete Guard™, applied at a minimum of two coats, is designed to protect all interior and exterior absorbent concrete and masonry surfaces.VOC Content: Max. 249 g/L – Calculated and Reported SCAQMD 1113Solids Content: 40%S.C.O.F. (ASTM C1028) Smooth surface profile: 0.60 – 0.70Medium-to-coarse surface profile: 0.88 – 0.90

ARDEX ARDIFIXTM

ARDEX ARDIFIX™ is a two-part polyurethane repair compound for cracks, control joints, spalls and pop-outs on interior or exterior applications. It is suited to fill cracks and saw-cuts prior to the installation of ARDEX Moisture Control Systems, underlayments and toppings.Pot life: Approx. 2 minutesPercent solids: 100% by weightTensile strength (ASTM D638): Approx. 4,150 psi (28.6 N/sq. mm)Elongation (ASTM D638): 6%Die C Tear (ASTM D624): 243 pli (425.5 N/cm)Shore D Hardness: 70Viscosity: 60 cps

ARDEX® SITE PREPARATION (Additional to Standard Install per bag price) Examples: Shotblasting, Grinding and Forming of Repair

Site Preparation Minor

Pre-restoration process work necessary before commencement of repair process work. Work effort involved estimated to be Minor.

Site Preparation Moderate

Pre-restoration process work necessary before commencement of repair process work. Work effort involved estimated to be Moderate.

Site Preparation Extensive

Pre-restoration process work necessary before commencement of repair process work. Work effort involved estimated to be Extensive.




Bid Proposal Form B: Ardex Concrete Repair Systems (or Equivalent Brand) Material Pricing Sheet

Year 1 (2/22/19 – 2/21/20)MATERIAL PRICING

Product Name Product TypePrice per bag

for Material OnlyPrice per bag

including LaborArdex CD Concrete DressingArdex CD Fine Concrete DressingArdex K 301 Exterior Self-Leveling Concrete ToppingArdex CP Concrete PatchArdex TRM Transportation Repair Mortar

Fast-Setting, Horizontal Concrete Repair Mortar

Ardex TWP Tilt Wall Patch and Finishing Compound for Vertical Concrete Walls

Ardex OVP Finishing Compound for Overhead and Vertical Concrete Walls

Ardex B 20 Overhead and Vertical Repair Mortar with Corrosion Inhibitor

Ardex ERM Exterior Ramp Mortar Trowel-Grade Horizontal Concrete Repair MortarArdex FDM Full Depth Repair Mortar Concrete Repair Mortar with Corrosion InhibitorArdex FDX Full Depth Extended Repair Mortar

Concrete Repair Mortar with Corrosion Inhibitor

Ardex FP – Form and Pour Concrete Repair MortarArdex BACA Bonding and Anti-Corrosion AgentArdex P 71

Ardex EP 2000 Substrate Preparation Epoxy PrimerArdex CG Concrete GuardArdifix Low Viscosity Rigid Polyurethane Crack and Joint

RepairArdex Ardiseal Rapid Plus Semi-Rigid Joint SealantArdex Ardicoat Plus Two component cement-based acrylic waterproofing

compoundArdex Ardicoat MeshArdex MC RAPID One-Coat Moisture Control System For Concrete to

Receive Ardex Underlayments

COSMETIC REPAIR(Based on price per square foot for application, including product.)

Product Name Product Type Price per square footArdex CD Fine Concrete DressingArdex CG Concrete GuardArdex K 301 Exterior Self-Leveling Concrete Topping




Bid Proposal Form B: Ardex Concrete Repair Systems (or Equivalent Brand) Material Pricing Sheet – Page. 2

SITE PREPARATIONSite Prep MINOR $ / Per Square FootSite Prep MODERATE $ / Per Square FootSite Prep EXTENSIVE $ / Per Square Foot

NAME OF BIDDER: ____________________________________________________________________________BY: (PRINT) __________________________________________________________________________________TITLE: _______________________________________________________________________________________SIGNATURE: _________________________________________________________________________________DATE: ______________________________________________




Bid Proposal Form B: Ardex Concrete Repair Systems (or Equivalent Brand) Material Pricing Sheet

Year 2 (2/22/20 – 2/21/21)MATERIAL PRICING

Product Name Product TypePrice per bag

for Material OnlyPrice per bag

including LaborArdex CD Concrete DressingArdex CD Fine Concrete DressingArdex K 301 Exterior Self-Leveling Concrete ToppingArdex CP Concrete PatchArdex TRM Transportation Repair Mortar

Fast-Setting, Horizontal Concrete Repair Mortar

Ardex TWP Tilt Wall Patch and Finishing Compound for Vertical Concrete Walls

Ardex OVP Finishing Compound for Overhead and Vertical Concrete Walls

Ardex B 20 Overhead and Vertical Repair Mortar with Corrosion Inhibitor

Ardex ERM Exterior Ramp Mortar Trowel-Grade Horizontal Concrete Repair MortarArdex FDM Full Depth Repair Mortar Concrete Repair Mortar with Corrosion InhibitorArdex FDX Full Depth Extended Repair Mortar

Concrete Repair Mortar with Corrosion Inhibitor

Ardex FP – Form and Pour Concrete Repair MortarArdex BACA Bonding and Anti-Corrosion AgentArdex P 71

Ardex EP 2000 Substrate Preparation Epoxy PrimerArdex CG Concrete GuardArdifix Low Viscosity Rigid Polyurethane Crack and Joint RepairArdex Ardiseal Rapid Plus Semi-Rigid Joint SealantArdex Ardicoat Plus Two component cement-based acrylic waterproofing

compoundArdex Ardicoat MeshArdex MC RAPID One-Coat Moisture Control System For Concrete to

Receive Ardex Underlayments

COSMETIC REPAIR(Based on price per square foot for application, including product.)

Product Name Product Type Price per square footArdex CD Fine Concrete DressingArdex CG Concrete GuardArdex K 301 Exterior Self-Leveling Concrete Topping




Bid Proposal Form B: Ardex Concrete Repair Systems (or Equivalent Brand) Material Pricing Sheet – Page. 2

SITE PREPARATIONSite Prep MINOR $ / Per Square FootSite Prep MODERATE $ / Per Square FootSite Prep EXTENSIVE $ / Per Square Foot





Bid Proposal Form C: Ardex Concrete Repair Systems (or Equivalent Brand) Licensed,Certified Trained and Experienced Installer/Subcontractor Listing and Labor Rates


Bidders are reminded to include the 2% administrative fee that is payable to the ESCNJ in their pricing.

Please provide a Ardex Concrete Repair Systems (or Equivalent Brand) Licensed, Certified, Trained and Experienced Installer/Subcontractor Listing for the counties you will serve in New Jersey as an Attachment.

ESCNJ Co-op members are located throughout all twenty-one counties in New Jersey. Labor costs may include existing system migration or new install conditions. Please provide labor rates for Ardex Concrete Repair Systems (or Equivalent Brand) Licensed, Certified, Trained and Experienced Installer/Subcontractor below: Duplicate this form to provide labor costs of additional contractor types as appropriate to your bid package. All contractor types except those pursuant to the NJ Prevailing Wage Act shall be identified). If supplying labor costs for both YEAR ONE and YEAR TWO you are agreeing to either 12 or 24 month contract if one is awarded by ESCNJ.

FOR CONTRACT: YEAR ONE (02/22/19 – 02/21/20)LABOR COST OF: Ardex Concrete Repair Systems (or Equivalent Brand) Installers

If pricing is same for all counties check here: All Counties:

RATE PER HOUR: ______________________

If pricing will deviate based on county, please specify pricing for Installer(s) by county below.

North Jersey PER HOUR Central Jersey PER HOUR South Jersey PER HOURBergen Hunterdon AtlanticEssex Mercer Burlington

Hudson Middlesex CamdenMorris Monmouth Cape May

Passaic Ocean CumberlandSussex Somerset GloucesterUnion Warren Salem

Travel Rate Charge: $_____________________/Hour – Maximum ____________hours chargeable travel time.




Bid Proposal Form C: Ardex Concrete Repair Systems (or Equivalent Brand) Licensed,Certified Trained and Experienced Installer/Subcontractor Listing and Labor Rates



Please provide a Ardex Concrete Repair Systems (or Equivalent Brand) Licensed, Certified, Trained and Experienced Installer/Subcontractor Listing for the counties you will serve in New Jersey as an Attachment.

ESCNJ Co-op members are located throughout all twenty-one counties in New Jersey. Labor costs may include existing system migration or new install conditions. Please provide labor rates for Ardex Concrete Repair Systems (or Equivalent Brand) Licensed, Certified, Trained and Experienced Installer/Subcontractor below: Duplicate this form to provide labor costs of additional contractor types as appropriate to your bid package. All contractor types except those pursuant to the NJ Prevailing Wage Act shall be identified). If supplying labor costs for both YEAR ONE and YEAR TWO you are agreeing to either 12 or 24 month contract if one is awarded by ESCNJ.

FOR CONTRACT: YEAR TWO (02/22/20 – 02/21/21)LABOR COST OF: Ardex Concrete Repair Systems (or Equivalent Brand) Installers

If pricing is same for all counties check here: All Counties:

RATE PER HOUR: ______________________

If pricing will deviate based on county, please specify pricing for Installer(s) by county below.

North Jersey PER HOUR Central Jersey PER HOUR South Jersey PER HOURBergen Hunterdon AtlanticEssex Mercer Burlington

Hudson Middlesex CamdenMorris Monmouth Cape May

Passaic Ocean CumberlandSussex Somerset GloucesterUnion Warren Salem

Travel Rate Charge: $_____________________/Hour – Maximum ____________hours chargeable travel time.




Bid Proposal Form C: Ardex Concrete Repair Systems (or Equivalent Brand) Licensed, Certified, Trained and Experienced Installer/Contractor SITE REVIEW FEE(S) AND TRAVEL RATES


NAME OF BIDDER: ____________________________________________________________________________BY: (PRINT) __________________________________________________________________________________TITLE: _______________________________________________________________________________________SIGNATURE: _________________________________________________________________________________

Year 1: (For the Period 02/22/19 – 02/21/20) Site Review Fee(s) $_______________________

If pricing is same for all counties check here: All Counties: Atlantic $_____________ Mercer $_____________ Bergen $_____________ Middlesex $_____________ Burlington $_____________ Monmouth $_____________ Camden $_____________ Morris $_____________ Cape May $_____________ Ocean $_____________ Cumberland $_____________ Passaic $_____________ Essex $_____________ Salem $_____________ Gloucester $_____________ Somerset $_____________ Hudson $_____________ Sussex $_____________ Hunterdon $_____________ Union $_____________

Warren $_____________

Travel Rate Charge: $_____________________/Mile Travel Rate Charge: $_____________________/Hour – Maximum ____________hours chargeable travel time.

Year 2 (For the Period 02/22/20 – 02/21/21) Site Review Fee(s) $_______________________


Warren $_____________


EDUCATIONAL SERVICES COMMISSION OF NEW JERSEYESCNJ 18/19-59 February 14, 2019 @ 2:00 p.m.Ardex Concrete Repair Systems of 77


1660 STELTON ROAD – SECOND FLOOR, PISCATAWAY, NEW JERSEY 08854

Bid Proposal Form C: Ardex Concrete Repair Systems (or Equivalent Brand) Licensed, Certified, Trained and Experienced Installer/Contractor SITE REVIEW FEE(S) AND TRAVEL RATES


NAME OF BIDDER: ____________________________________________________________________________BY: (PRINT) __________________________________________________________________________________TITLE: _______________________________________________________________________________________SIGNATURE: _________________________________________________________________________________

Year 2: (For the Period 02/22/20 – 02/21/21) Site Review Fee(s) $_______________________


Warren $_____________


Year 2 (For the Period 02/22/20 – 02/21/21) Site Review Fee(s) $_______________________


Warren $_____________



Bid Proposal Form D: Ardex Concrete Repair Systems (or Equivalent Brand) and ServicesESCNJ 18/19-59 February 14, 2019 @ 2:00 p.m.Ardex Concrete Repair Systems of 77


Affirmation and Acknowledgement and Manufacturer Technical Specifications & Warranty Information

PLEASE COMPLETE BID FORM D (Attachment) AND PROVIDE THE

MANUFACTURER TECHNICAL SPECIFICATIONSand

MANUFACTURER WARRANTY INFORMATION

FOR ALL BRAND CONCRETE REPAIR SYSTEMS ON WHICH YOU ARE BIDDING.

Failure to provide the Manufacturer’s Technical Specifications and Manufacturer Warranty Information will render your bid non-responsive.

ARDEX CONCRETE REPAIR SYSTEMS (or Equivalent Brand) AND SERVICES BID PROPOSAL FORM D - AFFIRMATION AND ACKNOWLEDGEMENT:

____________________________________ _________________________________ Company Name Date ____________________________________ _________________________________ Authorized Representative (Print name) Title

___________________ Authorized Signature



To be completed and signed below. Return with bid.

Prevailing Wages Certification

Bid No. ESCNJ 18/19-59 Bid Date: February 14, 2019

It 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.

CERTIFICATION

1. 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 Labor

Has 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 Company

Authorized Agent

Authorized Signature




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 attached (not 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:

www.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 Public Contracts/EEO Compliance P.O. Box 206Trenton, New Jersey 08625-0206

All 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 ________________________


http://www.state.nj.us/treasury/contract_compliance/



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 ___________________________, _________________.Month Year

________________________________________Print Name of Notary Public

_________________________________________________NOTARY PUBLIC SIGNATURE

My commission expires _________________________ _______________, ___________. – Seal – Month Day Year



Educational Services Commission of New JerseyBusiness Office


Chapter 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 of

ContributionName of Recipient Elected

Official/ Committee/Candidate

Name ofContributor

The 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.

Certification

I 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 Instructions

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

any State, county, or municipal committee of a political party any legislative leadership committee*1

any continuing political committee (a.k.a., political action committee) any candidate committee of a candidate for, or holder of, an elective office:

o of the public entity awarding the contracto of that county in which that public entity is locatedo of another public entity within that countyo 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 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 profit

all principals, partners, officers, or directors of the business entity or their spouses any subsidiaries directly or indirectly controlled by the business entity IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and

filing as continuing political committees, (PACs)

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

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

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

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed 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.

1 N.J.S.A. 19:44A-3(s): “The term “legislative leadership committee” means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L. 1993, c. 65 (C. 19:44A-10.1) for the purpose of receiving contributions and making expenditures.”ESCNJ 18/19-59 February 14, 2019 @ 2:00 p.m.Ardex Concrete Repair Systems of 77


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; and



P.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.




STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:_____________________________________________________________Organization Address:_____________________________________________________________City, State, ZIP:__________________________________________________________________

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV)

Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

For-Profit Corporation (any type) Limited Liability Company (LLC)

Partnership Limited Partnership Limited Liability Partnership (LLP)

Other (be specific): ______________________________________________

Part II Check the appropriate box

The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

(P lease attach additional sheets if more space is needed): Name of Individual or Business Entity Home Address (for Individuals) or Business Address



Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission(SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding Entity Listed in Part II

Home Address (for Individuals) or Business Address

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of myknowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer;that the ESCNJ is relying on the information contained herein and that I am under a continuing obligation from the date of thiscertification through the completion of any contracts with the ESCNJ to notify the ESCNJ in writing of any changes to the information contained herein; 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 am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the ESCNJ to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.



Contractor/Vendor Questionnaire CertificationArdex Concrete Repair Systems

Bid Number: 18/19-59Bid Date: February 14, 2019

Name of Company _____________________________________________________________

Street Address ________________________________________ PO Box ________________

City, State, Zip ________________________________________________________________

Business Phone Number (____) _________________________ Ext. ___________________

Emergency Phone Number (_____) ______________________________________________

Fax No. (____)________________________ E-Mail _________________________________

References – Work previously done for School Systems/Municipalities in New Jersey

Name of District Address Contact Person/Title Phone

1.

2.

3.

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 whose salary is payable in whole or in part by said Commission or their immediate 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 an 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; Compensation

I 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 Contributions

I 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

Signature



Consent of Surety REQUIRED NOT REQUIRED

A 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: The Educational Services Commission of New Jersey

Re: _______________________________________________Name of Contractor/Vendor

This 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 Company

ATTEST: ____________________________________________________________Print Name of Authorized Agent

__________________________________________________Date

__________________________________________________Name of Surety Company

__________________________________________________Address

__________________________________________________City, State, Zip Code

__________________________________________________Telephone



RESPONDENT’S COMMENT FORM

This 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 _______________




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 Received

Name 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.

Signature

Name

Title

Company Name:

Date: ______________________



(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 www.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 _____________________________________________________________________________


http://www.state.nj.us/treasury/contract_compliance


To download the AA-302 form, click this link:http://www.state.nj.us/treasury/contract_compliance/pdf/aa302.pdf


http://www.state.nj.us/treasury/contract_compliance/pdf/aa302.pdf


INSTRUCTIONS 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 all

columns. 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 Opportunity

P.O. Box 209Trenton, New Jersey 08625-0209 Telephone No. 1-609-292-5475

NJ Business Registration Form



All vendors must have a valid Business Registration Certificate 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: http://www.state.nj.us/treasury/revenue/busregcert.shtml.

A valid Business Registration Certificate must be provided to the ESCNJ before the award of a contract will be made.


http://www.state.nj.us/treasury/revenue/busregcert.shtml


In 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 twelve or twenty-four months 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 ______________________

Awarding Agency: Educational Services Commission of New Jersey

Agency Executive: _____________________________________Patrick M. Moran, SBA/BS

Awarded this _____________ day of ___________________Contract Number ESCNJ 18/19-59


ACCEPTANCE OF BIDAnd

CONTRACT AWARDARDEX CONCRETE REPAIR SYSTEMS

TO BE COMPLETED BY RESPONDENT

ACCEPTANCE OF BID AND CONTRACT AWARD BELOW TO BE COMPLETED ONLY BY ESCNJ


EXHIBIT _________

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 IFB.

Company 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 __________________.

Company Name _______________________________________________________

Authorized Signature _______________________________________________________

Company Address _______________________________________________________

_______________________________________________________

Printed Name _______________________________________________________

Title _______________________________________________________

Telephone _______________________________________________________



Vendor Contact Form

If 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 1,200 members and have knowledge of your award:

Bid Ardex Concrete Repair Systems #ESCNJ 18/19-59

VendorRepresentativeAddressTelephone #Fax #EmailWebsite



ESCNJ Co-op Questionnaire

Company Name Please 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.

1. Can your company serve all of New Jersey with the best service offered? YES / NO2. Do you currently have representatives for New Jersey? YES / NO

(If no, a plan and timeline for providing these services is to be attached.)3. Is your pricing guaranteed for the term of the contract? YES / NO4. Is shipping/handling (S/H) included in the price? YES / NO5. If Prepaid and Add (PP & A), estimate S/H on purchases

6. Describe your return policy

7. Do you have a restocking fee? YES / NO8. What is your restocking fee, if any? (Provide a copy of your restocking policy) 9. Will you offer Co-op Members a quick pay discount? YES / NO

10. If YES, what is the discount? Number of days? 11. How many line items are you offering under this bid category? 12. If some of the line items that you sell are not covered under this bid, do you have a way to block orders for these items?

YES / NO

13. Delivery of stocked items is promised within days14. What is your average time from receipt of order to shipping stocked items? days15. Delivery of non-stocked items is promised within days16. Do you offer an electronic ordering system? YES / NO

Do you have minimum order requirements? YES / NO If yes, please describe.

17. 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/ _____NO

Signature (Same signature as on Non-Collusion Signature and Acceptance Form)



ESCNJ Co-op Questionnaire

1. 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.Warranty Information for all Ardex Concrete Repair Systems offered.

a) Manufacturer Warranty Terms: _________________________________________________

_________________________________________________

_________________________________________________

7. For Freight or Shipping terms not noted within Section 16 of “General Specifications,” please attach documentation to this form.

Authorized Signature

Authorized Name: Please Print

Company:



Statement of Suspension or Debarment

STATE 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 me

This__________ day of _________________, 20 ____.

____________________________________________(Seal) Notary Public of New Jersey/Specify Other State

My Commission expires________ 20 ___.



Educational Services Commission of New JerseyDISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

PART 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 http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. 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 PAGES

Name: Relationship toBidder/Vendor:

Description of Activities:

Duration of Engagement: Anticipated Cessation Date

Bidder/Vendor

Contact 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:


http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf


ARDEX CONCRETE REPAIR SYSTEMS

PRE-QUALIFICATION AFFIDAVITBid No. ESCNJ 18/19-59

The below affidavit must be submitted with your bid for projects over $20,000.00 pursuant to N.J.S.A. 18A:18A-32:

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:

No Material Adverse Change in Qualification—N.J.S.A. 18A:18A-32

I am______________________________________________________(Position in Company), and the bidder for the above named project and the answers to the following statements are true and correct and that there has been no material adverse change in the qualification information subsequent to the latest statement submitted as required (N.J.S.A. 18A:18A-32 et seq.) as amended, except as set forth herewith:

Notice of Classification ________________________________ (Name of Company) is classified by the State of New Jersey under Chapter 105, Laws of 1962, as amended. This Classification became effective (Date)

Type of Contract/Trade Classified:

Classification Approved Amount $

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

Total Amount of Uncompleted Contracts

The total amount of uncompleted work on contracts is $

A copy of the company’s Total Amount of Uncompleted Contracts form is required to be submitted with the bid.

Signature of Authorized Representative Date

Sworn and subscribed to before me this _____________ day of _______________ in the Year ______

Notary Public of Print Name of NotarySignature of Notary

My Commission Expires:

-SEAL- Month Day Year

This affidavit does not take the place of the “Notice of Classification” or the “Total Amount of Uncompleted Contracts” issued by the State of New Jersey, both of which must be submitted with the bid package of each bidder.



State of New Jersey DEPARTMENT OF THE TREASURY

DIVISION OF PROPERTY MANAGEMENT AND CONSTRUCTION REPLY TO: TEL: (609) 943-

3400 33 W. STATE STREET PO BOX 034 FAX: (609) 292-

7651

TRENTON, NEW JERSEY 08625-0034

TOTAL AMOUNT OF UNCOMPLETED CONTRACTS

(This form is to be used with the NOTICE OF CLASSIFICATION when submitting bids to the Department of

Education.)

I Certify that the amount of uncompleted work on contracts is $ .

The amount claimed includes uncompleted portions of all currently held contracts from all sources (public and private) in accordance with N.J.A.C. 1 7:19-2.13.

I further certify that the amount of this bid proposal, including all outstanding incomplete contracts does not exceed my prequalification dollar limit.

Respectfully submitted,

By _________Name of Firm

_______________ Signa ture

__________________________________________ Title

Sworn to andsubscribed be fore me _____________________________________________This day of Business Address

20 __________________________________________

Notary Public

___________________________________________________

__________________________________ _____________________


Affix corporate

seal

here


Phone

DPMC 701 (3/15)



To All Respondents:

REMINDER!

Did you sign all of the bid documents?

All bid documents returned to the ESCNJ should 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
