3150223371_GeneralSpec.pdf

GENERAL SPECIFICATIONS

AWARD #23371

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 2 of 36 (Asphalt Mix and Cold Patch) (Statewide)

23371_General Specifications

Table of Contents SECTION 1: ASPHALT MIX (Lot 1)

1.1 Scope

1.2 Product Requirements

1.3 Optional Equipment/Item List

1.4 Minimum Order

1.5 Special Note for Ordering Item 404.068X

1.6 Method of Award

1.7 Evaluation Process

1.8 Pricing

1.9 Purchase Outside Region

1.10 Transportation (Hauling)

1.11 Monthly Asphalt Price Adjustments

1.12 Periodic Price Adjustment (PPI Price Adjustment)

1.13 Payment

1.14 Quality Adjustment Factor (QAF) Quality Units (Applies to NYSDOT Only)

1.15 Superpave Mix Items

1.16 Optional Items

1.17 Mobilization

1.18 Production Cold Milling and Production Cold Micromilling Equipment

1.19 Flaggers

1.20 General Laborer

1.21 Optional Work Zone Traffic Control

1.22 Additional Flaggers for Work Zone Traffic Control

1.23 Optional Pilot Vehicle with Driver(s)

1.24 Optional Additional Construction Signs

1.25 Abrading Existing Pavement Markings with Work Zone Traffic Control by the Authorized User26

1.26 Abrading Existing Pavement Markings with Work Zone Traffic Control by the Contractor

1.27 Optional General Laborer

1.28 Joint Adhesive with Work Zone Traffic Control by the Authorized User

1.29 Joint Adhesive with Work Zone Traffic Control by the Contractor

1.30 Polymer Modification of Asphalt Mixture (PG 64V-22)

1.31 Polymer Fibers for Asphalt Mixture

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 3 of 36

SECTION 2: COLD PATCH (Lot 2)

2.1 Scope

2.2 Special Note Regarding Items 15402.2010 and 15402.2030

2.3 Method of Award

2.4 Evaluation Process

2.5 Method of Ordering

2.6 Payment

2.7 Pricing

2.8 Purchase Outside Region

2.9 Transportation (Hauling)

2.10 Monthly Asphalt Price Adjustments

2.11 Detailed Specifications – Cold Patch (Lot 2)

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 4 of 36

SECTION 1: ASPHALT MIX (Lot 1)

1.1 Scope

This Bid and any resultant Contract(s) is intended to provide a procurement mechanism for all Authorized Users eligible to purchase Bituminous Concrete Asphalt Mixtures.

Bituminous Concrete is a mixture of stone of various sizes and liquid bituminous material. The mixture is heated and proportioned in a bituminous concrete plant and compacted on a road in a heated state. Once the material cools, it becomes a hard, durable material. Bituminous concrete is used for roads, parking lots, tennis courts, sidewalks, bike paths and for patching same.

1.2 Product Requirements

Group Specifications for each asphalt item included in this Contract are set forth in Attachment 13– Asphalt Mix Group Specification #949. Bidder shall comply with the specifications set forth in that Attachment.

All plant mixed asphalt items shall be furnished in accordance with Sections 401 and 404 of the New York State Department of Transportation Standard Specifications with the effective date of January 1, 2025, Construction and Materials Methods.

The current version of the NYSDOT Standard Specifications can be found at:

https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us;

The latest Materials Method 5.16 found at:

https://www.dot.ny.gov/divisions/engineering/technical-services/materials-bureau-repository/mm516.pdf;

Chapter 6 of the Comprehensive Pavement Design Manual, latest version (dated April, 2024) found at:

https://www.dot.ny.gov/divisions/engineering/design/dqab/cpdm/repository/chapter6.pdf ; and

(The above listed links are from the NYS Department of Transportation website at www.dot.ny.gov).

1.3 Optional Equipment/Item List

Asphalt Item Polymer Modification (Price Additional per Ton of Asphalt Item Polymer Modification)

Asphalt Item Polymer Fibers (Price Additional per Ton of Asphalt Item Polymer Fibers)

Price per Day Work Zone Traffic Control (WZTC)

Price per Day per Optional Flagger

Price per Day per Optional General Laborer

Price per Day per Paver with Operator

Price per Day per Paver with Operator and Screed Person

Price per Day per 10-Ton Static Roller

Price per Day per 10-Ton Static Roller with Operator

Price per Day per 10-Ton Vibratory Roller

Price per Day per 10-Ton Vibratory Roller with Operator

Price per Day per Skidsteer with Milling Head

Price per Day per Skidsteer with Milling Head with Operator

Price per Day per Water Tank https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us https://www.dot.ny.gov/divisions/engineering/technical-services/materials-bureau-repository/mm516.pdf https://www.dot.ny.gov/divisions/engineering/design/dqab/cpdm/repository/chapter6.pdf http://www.dot.ny.gov/

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 5 of 36

SECTION 1: ASPHALT MIX (Lot 1) (Cont’d)

1.3 Optional Equipment/Item List (Cont’d)

Price per Day per Water Tank with Operator

Price per Day per Optional Pilot Vehicle with Driver

Additional Construction Signs (Price per Each Optional Additional Construction Sign) Production Cold Milling (Price per Square Yard (depths of either 2” or 2”-4”) with Hauling and Disposal by either the Authorized User or by the Contractor with sweeping of the milled surfaces provided by the Contractor)

Production Cold Micromilling (Price per Square Yard (depth <2”) with Hauling and Disposal by either the Authorized User or by the Contractor with sweeping of the milled surfaces provided by the Contractor)

Abrading Existing Paving Markings (with Work Zone Traffic Control by the Authorized User or by the Contractor) Joint Adhesive (with Work Zone Traffic Control by the Authorized User or by the Contractor) Mobilization for Optional Equipment Item (Price per Project per Paver, Roller, Water Tank, Skidsteer, and/or Milling Machine) Transportation/Hauling Delivery Rates for Asphalt Item (0 to 1 mile & 1+ mile)

1.4 Minimum Order

To request optional items (e.g., paver, compaction equipment, skid steer, water tank, work zone traffic control, abrading existing pavement markings, cold milling, additional flagger, joint adhesive, polymer modification and pilot vehicle) from the Contractor, Authorized Users must anticipate placement of at least 500 tons per day (for each day the optional items are requested) this applies to all optional items except cold milling (please see the minimum requirements for Production Cold Milling/Production Cold Micromilling below). At the Contractor’s discretion, the Contractor may agree to waive the 500 tons minimum order requirement for the optional items. In that case, the Contractor will have the option to apply a charge of ten percent (10%) over the price per ton for that particular job being offered through the required quick quote process. The 500 tons per day minimum does not include the last day of work on multi-day projects where quantities to complete work on the last day may be less than 500 tons.

The minimum quantity of 6.3 asphalt items (Item 404.068X01) per Purchase Order shall be 500 tons unless agreed by the Contractor. (Note: If no optional items are requested within the order, the Contractor will not be permitted to apply the ten percent (10%) charge mentioned above).

The minimum asphalt quantity to be Polymer Modified per Purchase Order shall be 500 tons unless agreed by the Contractor.

The minimum asphalt quantity with added Polymer Fibers per Purchase Order shall be 500 tons unless agreed by the Contractor.

The minimum Production Cold Milling/Production Cold Micromilling per Purchase Order shall be 5,000 square yards of cold milling or cold micromilling unless agreed by the Contractor.

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1.5 Special Note for Ordering Item 404.068X

The 6.3 mm item also requires a special tack coat to be applied prior to placing this mix. This tack coat shall meet the requirements of 702-3002T or 702-4002T Asphalt Emulsion Straight Tack Coat (this tack coat item can be purchased using the OGS Comprehensive Liquid Bituminous Materials Statewide Contract).

The minimum quantity of 6.3 asphalt item per Purchase Order shall be 500 tons unless agreed by the Contractor.

1.6 Method of Award

It is anticipated that award will be made to more than one Bidder for each item. However, the State is not required to make award to more than one Bidder for each item.

Bid prices will be evaluated at the time of Bid opening as specified in the following section “Evaluation Process”.

At the time of the award, the NYSDOT Office of Transportation Maintenance shall confirm to NYS OGS Procurement Services (through an email) that the facilities/sources of supply being considered for award are considered an official NYSDOT approved source of supply.

1.7 Evaluation Process

1. An "average price" per specification item per NYSDOT Region shall be calculated based on the price of all

Bids submitted. The average price will be calculated to three decimal places. If a Bid is ultimately rejected because it did not meet specification, pricing will not be recalculated. However, in those instances where the rejected Bidder's pricing results in no awarded Bidder(s) for a geographic region, the rejected Bidder's pricing will be removed and not considered a part of the calculation. A price which is inordinately low may be deleted from the calculation if in the discretion of the Commissioner its inclusion would skew the results.

2. Any Bid that exceeds the “average price” by more than 40% will be made Award Pending unless it is apparent in the discretion of the Commissioner that application of 40% would be unreasonable due to higher market prices of a geographic location. Under such circumstances at the discretion of the Commissioner Bids may be considered by geographic location and an average price determined to address pricing in such geographic location.

3. A “revised average price” per specification item shall be calculated after removal of those exceeding the average price increased by 40%. The “revised average price” will be calculated to three decimal places. Bid prices over the 40% criteria that have been given consideration due to geographic location will not be part of the "revised average price”. A price which is inordinately low may be deleted from the calculation if in the discretion of the Commissioner its inclusion would skew the results.

4. Any Bid that is less than or equal to the “revised average price” increased by 20% shall receive a Contract Award if they are also deemed a Responsive and Responsible Bidder. Any Bid that exceeds the “revised average price” by more than 20% will be made Award Pending.

5. Any Contractor given an "Award Pending" for any item may become eligible for award by reducing their price(s) within the parameters of paragraph #4 above.

Acceptable revised pricing for “Award Pending” items shall be considered up to eight (8) business days from the time the Contractor is notified by the Primary Contact shown in the first page of this Invitation for Bids.

All pricing that was considered “Award Pending” during the award process and that did not become eligible for award after the eight-day period mentioned above will be given a “No Award” status for the remaining Contract period.

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 7 of 36

1.7 Evaluation Process (Cont’d)

6. For the purpose of the Invitation for Bids, some items are considered “Asphalt Mix - Optional Items”

(transportation/hauling, pavers, rollers, skid steers, water tanks, mobilization, flaggers, general laborers, production cold milling, production cold micromilling, additional construction signs, pilot vehicles with driver, abrading of existing pavement markings with WZTC by the Authorized User, abrading of existing pavement markings with WZTC by the Contractor, Work Zone Traffic Control, joint adhesive with WZTC by the Authorized User, joint adhesive with WZTC by the Contractor, polymer modification of asphalt items, and polymer fibers).

All other items are considered “Material Items” (refer to the Solicitation document section 1.2 Scope and/or Attachment 1 – Pricing for a list of the optional items and material items for each Lot).

Bids for optional items are voluntary. Awards for FOB material and/or transportation rates will not be affected by the presence or lack of optional items bid.

Any Bid (set of prices) for a specific plant location where all its Bid pricing for “Material Items” have been given a final status of “Award Pending” will not be given an award.

Any Bid (set of prices) for a specific plant location that only contains Bid pricing for “Optional Items” will be rejected and will not be given an award.

1.8 Pricing

Price quoted shall include:

• All customs duties and charges and shall be F.O.B. plant per net ton;

• Net per ton mile for Transportation/Hauling;

• Net per day for equipment provided by the Contractor (paver with operator, paver with operator and screed person, static roller, static roller with operator, vibratory roller, vibratory roller with operator, skid steer with milling head, skid steer with milling head with operator, water tank, water tank with operator;

• Net per square yard for Production Cold Milling (depth: up to 2") of Bituminous Concrete with Hauling and Disposal by the Authorized User.

The Authorized User will provide trucks (and drivers) for hauling of PRODUCTION milled material while the Contractor is responsible for project clean-up including sweeping milled surfaces.

Material removed during milling operations, including foreign debris (if any) within or on the pavement, shall remain the property of the Authorized User, and shall be disposed of by the Authorized User at its discretion;

• Net per square yard for Production Cold Milling (depth: 2" to 4”) of Bituminous Concrete with Hauling and Disposal by the Authorized User.

The Authorized User will provide trucks (and drivers) for hauling of PRODUCTION milled material while the Contractor is responsible for project clean-up including sweeping milled surfaces.

Material removed during milling operations, including foreign debris (if any) within or on the pavement, shall remain the property of the Authorized User, and shall be disposed of by the Authorized User at its discretion;

• Net per square yard for Production Cold Milling (depth: up to 2") of Bituminous Concrete with Hauling and Disposal, including sweeping the milled surfaces by the Contractor.

The Contractor will provide trucks for hauling of PRODUCTION milled material and will be responsible for project clean-up including stockpiling milled materials and sweeping milled surfaces. Material removed during milling operations, including foreign debris within or on the pavement, shall be the property of the Contractor and shall be disposed of at a site obtained by the Contractor. All prices are to be included in the Bid price per square yard for milling. No separate payment shall be made;

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1.8 Pricing (Cont’d)

• Net per square yard for Production Cold Milling (depth: 2" to 4”) of Bituminous Concrete with Hauling and Disposal, including sweeping the milled surfaces by the Contractor.

The Contractor will provide trucks for hauling of PRODUCTION milled material and will be responsible for project clean-up including stockpiling milled materials and sweeping milled surfaces. Material removed during milling operations, including foreign debris within or on the pavement, shall be the property of the Contractor and shall be disposed of at a site obtained by the Contractor. All prices are to be included in the Bid price per square yard for milling. No separate payment shall be made;

• Net per square yard for Production Cold Micromilling (< 2") of Bituminous Concrete with Hauling and Disposal by the Authorized User.

The Authorized User will provide trucks (and drivers) for hauling of PRODUCTION milled material while the Contractor is responsible for project clean-up including stockpiling milled materials and sweeping milled surfaces. Material removed during milling operations, including foreign debris (if any) within or on the pavement, shall remain the property of the Authorized User, and shall be disposed of by the Authorized User at its discretion;

• Net per square yard for Production Cold Micromilling (< 2") of Bituminous Concrete with Hauling and Disposal, including sweeping the milled surfaces by the Contractor.

The Contractor will provide trucks for hauling of PRODUCTION milled material and will be responsible for project clean-up including stockpiling milled materials and sweeping milled surfaces. Material removed during milling operations, including foreign debris within or on the pavement, shall be the property of the Contractor and shall be disposed of at a site obtained by the Contractor. All prices are to be included in the Bid price per square yard for milling. No separate payment shall be made;

• Net per project for mobilization as called for in the Invitation for Bids;

• Net per day for Optional Work Zone Traffic Control (if required);

• Net per day for Optional additional Flaggers (if required);

• Net per day for Optional General Laborer (if required);

• Net per day for Optional Pilot Vehicle(s) with Driver(s) (if required);

• Net per each additional construction sign (if required) including signs, sign supports, installation, relocation, and removal;

• Net per linear foot for abrading the existing pavement markings by the Contractor with Work

Zone Traffic Control by the Authorized User (if required) at 4 inches wide of pavement markings actually abraded by the Contractor. This price shall include all costs for pavement marking abrading including all labor, materials, and equipment necessary to abrade the pavement markings;

• Net per linear foot for abrading the existing pavement markings by the Contractor with Work Zone Traffic Control by the Contractor (if required) at 4 inches wide of pavement markings actually abraded by the Contractor. This price shall include all costs for pavement marking abrading including all labor, materials, and equipment necessary to abrade the pavement markings and all costs to properly maintain traffic;

• Net per linear foot of joint adhesive with WZTC by the Authorized User (if required);

• Net per linear foot of joint adhesive with WZTC by the Contractor (if required);

• Net additional cost per ton of asphalt item polymer modification (if required); and

• Net additional cost per ton of optional addition of polymer fibers (if required).

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1.8 Pricing (Cont’d)

Price quoted shall be to three (3) decimal places.

Price adjustments, if any, will be calculated on the basis of when the material is actually furnished.

Additional Information: PER DAY means an 8-hour day. Minimum quantity for PER DAY items would be 0.5 day with rounded to next quarter of a day, e.g., 3 hours would be rounded to 0.5 day, 5 hours would be 0.75 day, 7 hours would be 1 day, 9 hours would be 1.25 day. For a project of 1st day with 9 hours, 2nd day with 10 hours, and 3rd day with 4 hours would be 3 days (total 23 hours rounded to 3 days). See clause – “Payment”.

1.9 Purchase Outside Region

Authorized Users will be able to purchase from any Contractor included in the resulting award from this Invitation for Bids. There are no purchasing restrictions by NYSDOT Region or by County when selecting a Contractor. Authorized Users should consider all the closest listed awardees located in their county and all the counties around them (including the surrounding counties that fall in a different NYSDOT Region) before sending the Quick Quote Form.

1.10 Transportation (Hauling)

Transportation (hauling) costs will be based on two (2) prices. One price will be bid for transportation for 0 to 1 mile (0-1) and another price will be bid for any additional miles (1+).

The 0 to 1 mile price will be the Bid price for any distance traveled up to and including one mile. This 0 to 1 mile Bid price will be added to the material cost. This final figure will constitute the cost to deliver one ton of material up to one mile.

The 1+ mile price will be the Bid price for any distance traveled after the first mile. This 1+ mile Bid price will be multiplied by the total number of miles (less the first mile), added to the Bid price for 0-1 mile, and then added to the material cost. This final figure will constitute the cost to deliver one ton of material the total number of miles.

When utilizing Transportation (Hauling), price shall be FOB destination as designated by the Authorized User.

1.10.1 Example Transportation (Hauling)

Example for 20 miles with transportation (hauling) (i.e., FOB delivered):

Price bid for (0-1) Mile (example) = $2.000

Price bid for (+1) Miles (example) = $0.400

Price bid for Material (example) = $50.000

Delivery charge for (0-1) Mile or portion thereof as bid (example) = $2.000

Total miles to apply to (+1) Miles bid price (example) are (20 – 1) = 19

Total Delivery charge for (+1) Miles as bid (example): $0.400 x 19 Miles = $7.600

Total Delivery charge per ton (for the entire distance of 20 Miles) = $9.600

Material price as bid (example) = $50.000

Total Cost (Delivery charge plus Material price per ton for 20 miles) = $59.600

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1.11 Monthly Asphalt Price Adjustments

a. Asphalt price adjustments allowed will be based on the November 2024 average of the F.O.B. terminal price per ton of unmodified PG 64S-22 binder without anti-stripping agent (base average F.O.B. terminal price).

The new monthly average terminal price will be determined by the New York State Department of Transportation based on prices of pre-approved primary sources of performance graded binder in accordance with the New York State Department of Transportation Standard Specification.

The November 2024 average is $593.000.

NOTE: The same grade of asphalt cement used in establishing the base average F.O.B. terminal price shall be used in establishing the new average F.O.B. terminal price.

In the event that one or more of the New York State Department of Transportation pre-approved sources discontinue posting a price for asphalt cement, the base average F.O.B. terminal price shall not be recalculated.

b. The new average F.O.B. terminal price will be determined based on the above F.O.B. terminal prices posted on the 20th of each month, hereafter known as the “Adjustment Date”, during the Contract period.

However, asphalt price adjustments, in accordance with the formula below, will be effective for deliveries made on and after the first of the month following the adjustment date.

c. The unit prices per ton of asphalt items purchased from any award based on this specification will be subject to adjustment based on the following formula:

Price Adjustment =

New Monthly Average F.O.B.

Terminal Price

Base Average

F.O.B.

Terminal Price

X Total % Asphalt (Per Ton) Plus Fuel Allowance

NEW MONTHLY AVERAGE F.O.B. TERMINAL PRICE

The average F.O.B. terminal price for unmodified PG 64S-22 binder without anti-stripping agent is as determined by the New York State Department of Transportation per New York State Department of Transportation Standard Specification.

BASE AVERAGE F.O.B. TERMINAL PRICE

The average F.O.B. terminal price of unmodified PG 64S-22 binder without anti-stripping agent is as determined by the New York State Department of Transportation as of November 2024.

TOTAL % ASPHALT PLUS FUEL

The percentage of total allowable asphalt and fuel for each item is as follows:

(See table next page).

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1.11 Monthly Asphalt Price Adjustments (Cont’d)

TOTAL % ASPHALT PLUS FUEL

ITEM %

ASPHALT

+ FUEL

ALLOWANCE

TOTAL %

ASPHALT

+ FUEL

ALLOWANCE

302.01 3.75 - 3.75%

404.03810218 6.85 1.00 7.85%

404.03820218 6.85 1.00 7.85%

404.03830218 6.85 1.00 7.85%

404.03890218 6.85 1.00 7.85%

404.0589 8.25 1.00 9.25%

404.068X 6.70 1.00 7.70%

404.098X 6.20 1.00 7.20%

404.128X 5.50 1.00 6.50%

404.1989 4.90 1.00 5.90%

404.2589 4.50 1.00 5.50%

+Fuel Allowance represents allowance for energy (fuel, electricity, natural gas) used in the production of asphalt. It is a cost associated with the product and not intended to represent any trucking or hauling of product.

d. Work performed after the expiration of the Contract, where no extension has been granted, resultant from Purchase Orders placed prior to expiration of the Contract will be based on the new average for the month in which the work is done applying the same base established for that Contract.

Asphalt price adjustments for any Contracts that are extended will be based on the new average for the month in which the work is done applying the same base established for that Contract.

e. Asphalt price adjustments allowed by this Contract shall be calculated and applied to the original prices.

There will not be asphalt price adjustments unless the change amounts to more than $0.10 per ton from the original price. In these instances, prices will revert back to the original prices.

f. All asphalt price adjustments will be computed to three decimal places.

g. Should these provisions result in a price structure which becomes unworkable, detrimental, or injurious to the State or in prices which are not truly reflective of market conditions, or which are deemed by the Commissioner to be unreasonable or excessive, and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon ten days written notice mailed to the Contractor to terminate any Contract resulting from this Bid opening.

h. All asphalt price adjustments shall be published by the State and issued to all Contract holders whose responsibility will be to attach the appropriate State notification (based on when the work was performed) to the payment invoice submitted to Authorized User.

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1.11 Monthly Asphalt Price Adjustments (Cont’d)

1.11.1 Example of Monthly Asphalt Price Adjustment

(Example of Positive Price Adjustment)

This example is for illustration purposes only. Actual Base Average Price, etc., may vary:

Item 404.03810218 Item 404.03810218 Bid Price = $70.000 (example) Contract Base Average Price = $593.000 (fixed for the duration of the Contract) Monthly New Average Price = $603.000 (example, it changes each month) Total % Asphalt plus Fuel for Item 404.03810218 = 7.85% (see Total % Asphalt + Fuel Allowance Chart) Monthly Price Adjustment for Item 404.03810218 (example):

Price Adjustment =

New Monthly Average F.O.B.

Terminal Price

Base Average

F.O.B.

Terminal Price

X Total % Asphalt (Per Ton) Plus Fuel Allowance

($603.000 - $593.000) x 0.0785 = $10.000 x 0.0785 = +$0.785 per ton

Positive Price Adjustment number shall be added to original per ton Bid Price Contract price for Item 404.03810218 including the new Price Adjustment for that month (example):

Contract Price = Bid Price + Monthly Price Adjustment Contract Price = $70.000 + $0.785 = $70.785 per ton

(Example of Negative Price Adjustment)

This example is for illustration purposes only. Actual Base Average Price, etc., may vary:

Item 404.03810218 Item 404.03810218 Bid Price = $70.000 (example) Contract Base Average Price = $593.000 (fixed for the duration of the Contract) Monthly New Average Price = $583.000 (example, it changes each month) Total % Asphalt plus Fuel for Item 404.03810218 = 7.85% (see Total % Asphalt + Fuel Allowance Chart) Monthly Price Adjustment for Item 404.03810218 (example):

Price Adjustment =

New Monthly Average F.O.B.

Terminal Price

Base Average

F.O.B.

Terminal Price

X Total % Asphalt (Per Ton) Plus Fuel Allowance

($583.000 - $593.000) x 0.0785 = -$10.000 x 0.0785 = -$0.785 per ton

Negative Price Adjustment number shall be subtracted from original per ton Bid Price

Contract price for Item 404.03810218 including the new Price Adjustment for that month (example):

Contract Price = Bid Price - Monthly Price Adjustment

Contract Price = $70.000 - $0.785 = $69.215 per ton

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1.12 Periodic Price Adjustment (PPI Price Adjustment)

The prices for Material Items set forth in this Contract shall be adjusted (either upward or downward) every three months starting on July 1st, 2025, in accordance with the provisions of this clause. There shall be no price adjustments until July 1st, 2025. This Price Adjustment doesn’t apply to the Optional Items.

The prices for Material Items shall be adjusted on the basis of the not seasonally adjusted Producer Price Index (PPI) Series ID: PCU21231-21231-, Stone Mining & Quarrying, published by the U.S. Department of Labor (DOL), Bureau of Labor Statistics (BLS).

The index is also available through the Internet at the BLS website at: https://data.bls.gov/cgi-bin/dsrv?pc.

Calculations shall be based on the first-published values for the price adjustment month for comparison.

In the event the current data for the referenced PPI is unavailable or the index becomes discontinued, OGS reserves the right to utilize a successor index in the best interest of the State.

The adjustment shall be established as follows:

• A price adjustment shall be effected beginning on July 1st, 2025, and then every three months thereafter.

• A base index shall be established utilizing the PPI value for December 2024, this shall remain constant throughout the duration of the Contract.

• The base index value will NOT be modified if the value changes due to change in Preliminary (P) status.

• An adjustment index shall be established utilizing the PPI on the established adjustment index month.

• The adjustment index will NOT be recalculated if PPI changes due to change in Preliminary (P) status.

• The Periodic Price Adjustment (PPI Adjustment) will be calculated following the formula below:

PPI

Price

Adjustment (per ton)

BLS PPI for the Month

Used for Calculation

- Base BLS PPI for

December 2024

X Material Bid Price

Difference 100%Material

Minus Total % Asphalt

+ Fuel Allowance Base BLS PPI for December 2024

• Price increases shall not exceed 5.0% for any given adjustment period.

• OGS Procurement Services will publish the adjustment percent change following each adjustment period.

• In the event of a delay in the Contract start date, the State reserves the right to modify the dates in the table accordingly.

• The State reserves the right to modify or correct miscalculations or errors in the PPI Price Adjustment as set forth in this Section.

(Continues next page) https://data.bls.gov/cgi-bin/dsrv?pc

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1.12 Periodic Price Adjustment (PPI Price Adjustment) (Cont’d)

• The adjusted prices will be effective for all Purchase Orders issued during the applicable periods shown in Dates for Implementation of Price Adjustments table below. The adjustment percent shall be rounded to the nearest hundredth and shall be applied to the Contract unit prices.

Dates for Implementation of Price Adjustments

Effective Date for Adjustment Base Index Month Adjustment Index Month

July 1st, 2025 December 2024 April 2025

October 1st, 2025 December 2024 July 2025

January 1st, 2026 December 2024 October 2025

April 1st, 2026 December 2024 January 2026

July 1st, 2026 December 2024 April 2026

October 1st, 2026 December 2024 July 2026

January 1st, 2027 December 2024 October 2026

April 1st, 2027 December 2024 January 2027

July 1st, 2027 December 2024 April 2027

October 1st, 2027 December 2024 July 2027

January 1st, 2028 December 2024 October 2027

• The values for the Difference (100% material –total % asphalt plus fuel allowance) can be found in the following table:

DIFFERENCE (100% MATERIAL –TOTAL % ASPHALT PLUS FUEL ALLOWANCE)

ITEM

GRADE/

DESCRIPTION

TOTAL % ASPHALT

PLUS

FUEL ALLOWANCE

DIFFERENCE

(100% Material - Total % Asphalt

Plus Fuel Allowance)

302.01 Bituminous Stabilized Course 3.75% 96.25%

404.03810218 Misc. Patching F1 7.85% 92.15%

404.03820218 Misc. Patching F2 7.85% 92.15%

404.03830218 Misc. Patching F3 7.85% 92.15%

404.03890218 Misc. Patching F9 7.85% 92.15%

404.0589 Shim Course F9 9.25% 90.75%

404.068X 6.3 Asphalt 7.70% 92.30% 404.098X 9.5 Asphalt 7.20% 92.80% 404.128X 12.5 Asphalt 6.50% 93.50%

404.1989 19 Binder F9 Asphalt 5.90% 94.10%

404.2589 25 Binder F9 Asphalt 5.50% 94.50%

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 15 of 36

1.12 Periodic Price Adjustment (PPI Price Adjustment) (Cont’d)

1.12.1 Example of Periodic Price Adjustment (PPI Price Adjustment)

This example is for illustration purposes only. Actual Base Average Price, etc., may vary:

Item 404.03890218

Item 404.03890218 Bid Price = $75.000 (example)

Total % Asphalt plus Fuel for Item 404.03890218 = 7.85% (see Total % Asphalt + Fuel Allowance Chart)

Difference (100% material –Total % Asphalt plus Fuel Allowance) = 92.15% (see chart)

US Bureau of Labor Statistics Base BLS PPI = 446.021 (example, not real data)

US Bureau of Labor Statistics PPI for September 2024 = 456.021 (example, not real data)

Periodic Price Adjustment for Item 404.03890218 (example, not real data):

PPI

Price

Adjustment (per ton)

BLS PPI for the Month

Used for Calculation

- Base BLS PPI

X Material Bid Price

Difference 100%Material

Minus Total % Asphalt

+ Fuel Allowance Base BLS PPI

PPI Increase = (456.021 – 446.021) / 446.021 = 0.0224 (or a 2.24% increase)

This increase is applied to the Bid price for that material:

$75.000 x 0.0224 = $1.680

Because PPI Adjustments are only applied to material without asphalt:

PPI Price Adjustment (per ton) = $1.680 x 0.9215 (or 92.15%) = $1.548

Contract price for Item 404.03890218 including the new PPI Price Adjustment (example):

Contract Price = Bid Price + PPI Price Adjustment

Contract Price = $75.000 + $1.548 = $76.548 per Ton (rounded to third decimal place)

Positive Price Adjustment number shall be added to original per ton Bid Price

Negative Price Adjustment number shall be subtracted from original per ton Bid Price

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 16 of 36

1.13 Payment

Payment shall be made at Contract prices per net ton for the actual quantity of material received from the Contractor. In addition, payment adjustments will be applied in Quality Units for all applicable mixes as described in Sections 401, 404-4 and 404-5 of the Specifications.

Payment for “PER DAY items” (if required) shall be made at the Contract price per day based on the actual number of days that the equipment (paver, roller, skid steer, and water tank), Work Zone Traffic Control, the additional flaggers, and/or the general laborers are utilized.

“PER DAY” means an 8-hour day. The minimum quantity per project for “PER DAY items” would be half a day (0.5 days) with the total amount of hours for the project rounded to the next quarter of a day (see the table below):

Total # of Hours

Rounded to (# of days) Total # of Hours Rounded to (# of days)

Total # of Hours

Rounded to (# of days)

1 0.50 11 1.50 21 2.75 2 0.50 12 1.50 22 2.75 3 0.50 13 1.75 23 3.00 4 0.50 14 1.75 24 3.00 5 0.75 15 2.00 25 3.25 6 0.75 16 2.00 26 3.25 7 1.00 17 2.25 27 3.50 8 1.00 18 2.25 28 3.50 9 1.25 19 2.50 29 3.75 10 1.25 20 2.50 30 3.75

Example: For a Roller in a 3 day project with a distribution of hours per day as follows:

Day Number of Hours Total Amount of Hours for the Project

1 9.00 9.00 2 10.00 19.00 3 6.00 25.00

The total amount of hours for the project needs to be calculated (25 hours) and it should be rounded to the next quarter of a day (3.25 days).

Payment for Production Cold Milling (depth: up to 2") of Bituminous Concrete with Authorized User Hauling and Disposal shall be made at the Contract price per the number of square yards of material actually milled (depth up to 2”) as directed by the Resident Engineer or Authorized User’s representative.

Payment for Production Cold Milling (depth: 2" to 4”) of Bituminous Concrete with Authorized User Hauling and Disposal shall be made at the Contract price per the number of square yards of material actually milled (depth 2" to 4”) as directed by the Resident Engineer or Authorized User’s representative.

Payment for Production Cold Milling (depth: up to 2") of Bituminous Concrete with Contractor Hauling and Disposal, including sweeping the milled surfaces shall be made at the Contract price per the number of square yards of material actually milled (depth up to 2”) as directed by the Resident Engineer or Authorized User’s representative.

Payment for Production Cold Milling (depth: 2" to 4”) of Bituminous Concrete with Contractor Hauling and Disposal, including sweeping the milled surfaces shall be made at the Contract price per the number of square yards of material actually milled (depth 2" to 4”) as directed by the Resident Engineer or Authorized User’s representative.

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 17 of 36

1.13 Payment (Cont’d)

Payment for Production Cold Micromilling (< 2") of Bituminous Concrete with Authorized User Hauling and Disposal shall be made at the Contract price per the number of square yards of material actually milled (depth < 2") as directed by the Resident Engineer or Authorized User’s representative.

Payment for Production Cold Micromilling (< 2") of Bituminous Concrete with Contractor Hauling and Disposal, including sweeping the milled surfaces shall be made at the Contract price per the number of square yards of material actually milled (depth < 2") as directed by the Resident Engineer or Authorized User’s representative.

Payment for additional construction signs (if required) shall be made at the Contract price per number of additional construction signs actually used, including signs, sign supports, installation, relocation, and removal.

Payment for abrading the existing pavement markings, with Work Zone Traffic Control by the Authorized User (if required) will be made based on the number of linear feet at 4 inches wide of pavement markings actually abraded as directed by the Resident Engineer or Authorized User’s representative.

Payment for abrading the existing pavement markings, with Work Zone Traffic Control by the Contractor (if required), will be made based on the number of linear feet at 4 inches wide of pavement markings actually abraded as directed by the Resident Engineer or Authorized User’s representative. No separate payment will be made for Work Zone Traffic Control when this item is used.

Payment for longitudinal joint adhesive, with Work Zone Traffic Control by Authorized User (if required), shall be made based on the number of linear feet of joint adhesive actually applied as directed by the Resident Engineer or Authorized User’s representative.

Payment for longitudinal joint adhesive, with Work Zone Traffic Control by the Contractor (if required), shall be made based on the number of linear feet of joint adhesive actually applied as directed by the Resident Engineer or Authorized User’s representative. No separate payment will be made for Work Zone Traffic Control when this item is used.

Payment for additional cost of polymer modification (if required) shall be made based on per ton of asphalt item to be polymer modified as directed by the Resident Engineer or Authorized User’s representative.

Payment for additional cost of polymer fibers (if required) shall be made based on per ton of asphalt item with polymer fibers as directed by the Resident Engineer or Authorized User’s representative.

Payment for transportation (hauling) costs will be based on two (2) prices. One will be the Contract price for transportation for 0 to 1 mile (0-1) and one will be the Contract price for any additional miles (1+).

The 0 to 1 mile price will be the Contract price for any distance traveled up to and including one mile. This 0 to 1 mile Contract price will be added to the material cost. This final figure will constitute the cost to deliver one ton of material up to one mile. The 1+ mile price will be the Contract price for any distance traveled after the first mile. This 1+ mile Contract price will be multiplied by the total number of miles (less the first mile), added to the Contract price for 0-1 mile, and then added to the material cost. This final figure will constitute the cost to deliver one ton of material the total number of miles.

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 18 of 36

1.14 Quality Adjustment Factor (QAF) Quality Units (Applies to NYSDOT Only) The following Quality Unit Index prices will apply to material produced under this Contract for the New York State Department of Transportation (NYSDOT) only:

Region Index Price ($/Quality Unit)

1 $85 2 $90 3 $90 4 $95 5 $100 6 $90 7 $80 8 $120 9 $90

10 $125 11 $140

Payment adjustments will be applied in Quality Units for all applicable mixes as described in Sub-Section 401-4 and 404-4 of the NYSDOT Standard Specifications. Please refer to that document for a more detailed explanation.

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 19 of 36

1.15 Superpave Mix Items

The Equivalent Single Axle Load’s (ESAL's) level for all Superpave Mix items should be <0.3 million. For all Superpave Mix items, the Contractor will not be responsible for nuclear density testing. Guidance for use of these items and the selection of the Performance-Graded Binder (PG Binder) appropriate for the county in which the mix shall be used, as specified in Section 6.2.5 Performance Graded Binder Selection, refer to Comprehensive Pavement Design Manual (CPDM). Chapter 6 of the CPDM, latest version (dated April 2024) can be found at:

https://www.dot.ny.gov/divisions/engineering/design/dqab/cpdm/repository/chapter6.pdf

All PG Binder grades, including Neat Grades (PG 64S-22 or PG 64H-22), shall meet the requirements of AASHTO M 332, Standard Specification for Performance Graded Asphalt Binder using Multiple Stress Creep Recovery (MSCR), for the production of asphalt mixtures under this Invitation for Bids. Terminal Blend Crumb Rubber modifier may be used for this PG binder.

When terminal blend CRM PG binder is used, the following shall apply:

1. Crumb rubber particles shall be finer than #30 sieve size.

2. The CRM PG binder shall be storage-stable and homogeneous.

3. The Dynamic Shear Rheometer (DSR) shall be set at 2-mm gap.

4. The CRM PG binder shall be 99% free of particles retained on the 600 µm sieve as tested in accordance with Section 5.4 of M 332.

Upstate: Use of polyphosphoric acid (PPA) to modify the PG binder properties is prohibited for mixtures under this Contract. This prohibition also applies to the use of PPA as a cross-linking agent for polymer modification.

Downstate: Use of polyphosphoric acid (PPA) to modify the PG binder properties is prohibited for mixtures containing limestone, limestone as an aggregate blend component, limestone as a constituent in crushed gravel aggregate, or recycled asphalt pavement (RAP) that includes any limestone. This prohibition also applies to the use of PPA as a cross-linking agent for polymer modification.

Note that polymer modified PG binder (PG 64V-22 or PG 64E-22) are required for all item 404 Asphalt Mixture placements on the mainline and shoulders, excluding shim, permeable base, temporary pavements, and miscellaneous (driveways, culvert inverts, curbs, sidewalks, bicycle paths, vegetation control strips, gutters, repairs, patching, etc.). Bid prices for asphalt items in this Invitation for Bids are based on neat grades (PG 64S-22 or PG 64H-22). For polymer modification, there is an optional Bid item (cost additional) which needs to be added to the price per ton of asphalt item based on neat PG binder.

https://www.dot.ny.gov/divisions/engineering/design/dqab/cpdm/repository/chapter6.pdf

GROUP 31502 – COMPREHENSIVE BITUMINOUS CONCRETE Page 20 of 36

1.16 Optional Items

To request one or more of the optional items from a Contractor, agencies must anticipate placement of at least 500 tons per day (for each day an optional item is requested). The 500 tons per day minimum does not include the last day of work on larger projects where quantities to complete work on the last day may be less than 500 tons. The above applies to all optional items except cold milling, of which, the minimum requirements for Production Cold Milling/Production Cold Micromilling are 5,000 square yards per Purchase Order unless agreed upon by the Contractor.

Equipment offered by the Contractor shall meet the requirements of Section 400 of the Specifications. All pavers shall meet the requirements of Section 404-3.02 Asphalt Pavers of the Specifications. Contractors shall note the requirements for approved automatic transverse slope and longitudinal grade screed controls. Pavers shall be equipped with hydraulically operated extensions of the proper width and approved joint matching shoes and/or 30 feet long moving references, such as floating beams or skis as appropriate as outlined in the Specifications, Section 404-3.06 Spreading and Finishing. All rollers shall meet the requirements of the Specifications, Section 404-3.04 Rollers. The skid steer should be at least 60 hp with milling head attachment of at least 24” width.

When equipment is requested with operator, operator shall be capable and experienced in the operation of the supplied equipment. The Contractor is advised that, due to the nature of Asphalt paving projects, overtime hours are customarily used to expeditiously progress projects. There will not be any separate rates for overtime hours (hours in excess of 8 hours in a day). The Contractor shall be responsible for fuel and repairs for all supplied equipment.

Payment for PER DAY items is stated under clause “Payment” within this document. No payment shall be made for days required to deliver the equipment to the project Site or to return the equipment to the Contractor's plant.

Payment shall be made for each day that actual paving work is started, even if work is not completed due to inclement weather or other unforeseen circumstances. The Contractor shall not be entitled to payment for days where work is not started due to inclement weather.

Production Cold Milling equipment and Production Cold Micromilling equipment offered by the Contractor shall meet the requirements of Attachment 12 – Detailed Specifications – Cold Milling/Cold Micromilling.

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1.17 Mobilization

Mobilization prices apply to provided equipment only and are not associated with hauling rates.

Bids for mobilization of equipment are a one-time charge for the duration of a project.

Paver mobilization prices are to be applied per paver per project.

Roller mobilization prices are to be applied per roller per project.

Skid steer mobilization prices are to be applied per skid steer per project.

Water tank mobilization prices are to be applied per water tank per project.

Production Cold Milling and Production Cold Micromilling mobilization prices are to be applied per milling machine per project.

1.18 Production Cold Milling and Production Cold Micromilling Equipment Production Cold Milling equipment and Production Cold Micromilling equipment offered by the Contractor shall meet the requirements of Attachment 12 – Detailed Specifications – Cold Milling/Cold Micromilling.

The Contractor shall furnish all equipment, supplies, materials, labor, transportation, and management oversight necessary to carry out all tasks set forth for the milling, shaping, and removal of portions of existing surfaces by a cold milling/micromilling process. The Contractor shall be responsible for providing protection of all Authorized User’s property relating to work hereunder.

The Contractor will be responsible for any permits that might be required to properly dispose of waste materials that result from the operations indicated in this Contract.

All disposal locations shall be approved by the Authorized User’s representative prior to disposal. All disposal operations must be done in accordance with all Federal, State, and local rules and regulations. Material removed shall be disposed of in accordance with the provisions of section 107-10 of the Standard Specifications.

The Contractor shall take care to preserve vegetation, ornamental plantings, and other landscape features, protect all trees, fences, walls, mailboxes, markers, culverts, underground structures, utilities, and installations within and adjacent to the work area for the duration of work, as ordered by the Authorized User’s representative. Any disturbed areas or damages to State or private property shall be replaced in kind or repaired to the Authorized User representative’s satisfaction at no expense to the Authorized User. Replacements/repairs shall be completed within two weeks after the occurrence of the damage. The Contractor shall be aware that any area that is disturbed shall be restored as per Section 107-08 of the Standard Specifications. There will be no direct payment made for labor or materials needed to do this work.

Existing roads used for the hauling of materials or equipment shall be kept free from debris, and maintained, by the Contractor and left in a condition satisfactory to the Authorized User’s representative. The Contractor is warned that he/she shall be held responsible for any damage to existing roads caused by the operation of his/her equipment, and that adequate repair for such damage shall be required at no expense to the Authorized User.

The Contractor shall provide any necessary support items to control and secure the Site, and any remote storage and/or staging areas, including any necessary sanitary facilities, barriers, delineation, scaffolding, and/or fences where required. The Contractor is responsible for the proper erection and safe application and removal of all such items.

The Contractor shall ensure that any vehicles and/or any equipment left unattended on the work Site be parked at least 30 feet from the paved or otherwise stabilized edge of any street or highway.

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1.19 Flaggers

Bids for Flaggers are voluntary. Award for FOB Material and/or transportation rates will not be affected by the presence or lack of Bids for Flaggers. Flaggers may be requested by agencies if work by a Flagger(s) is initially expected to last at least half a day.