3150323388a.pdf

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Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

Contract Award Notification

Title : Group 31503 – Bituminous Concrete Asphalt Mixtures (2025 VPP NYSDOT Specific Projects) (Federal & State Funds) Classification Code(s): 30

Award Number : 23388

Contract Period : May 9, 2025 through December 31, 2025

Bid Opening Date : March 13, 2025

Date of Issue : May 9, 2025

Specification Reference : SPEC 950 dated January 7, 2025

Contractor Information : Appears on Page 4-9 of this Award

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others

Name :

Title :

Phone :

E-mail :

Christine Dettmer Contract Management Specialist 1 518-473-9122 Christine.Dettmer@ogs.ny.gov

Procurement Services Customer Services

Phone :

E-mail :

518-474-6717 customer.services@ogs.ny.gov

Description This Contract is issued by the New York State Office of General Services Procurement Services for Bituminous Concrete – Asphalt Mixtures as specified herein for the NYS Department of Transportation

(NYSDOT).

The Contract is for specific NYSDOT projects ONLY.

Bituminous Concrete is a mixture of stone of various sizes and liquid material. The mixture is heated and proportioned in a bituminous concrete plant and compacted on a road in a warm state. Once the material cools, it becomes a hard durable material. Bituminous concrete is used for preventive maintenance activities which ensure that highways and bridges meet or exceed their optimum useful life.

This Award has 0% MBE, 0% WBE and 0% SDVOB goal requirements.

PR # 23388

https://ogs.ny.gov/award-23388

GROUP 31503 – Bituminous Concrete Asphalt Mixtures AWARD 23388 (2025 VPP NYSDOT Specific Projects) (Federal & State Funds)

23388a

Table of Contents

SECTION 1: INTRODUCTION

1.1 Contractor Information

1.2 Small, Minority and Women-Owned Businesses

1.3 Recycled, Remanufactured and Energy Efficient Products

1.4 Note to Authorized Users

1.5 Estimated Quantities

1.6 Definitions

SECTION 2: PRICING

2.1 Award Pricing and Superpave Asphalt Mixtures Tables

2.2 Price

2.3 Asphalt Price Adjustment

2.4 Price Structure

SECTION 3: PREVAILING WAGE RATES & NYS LABOR LAW § 220-I

3.1 Prevailing Wage Rates – Public Works and Building Services Contracts

3.2 N.Y. State Labor Law § 220-I

SECTION 4: NYS MAP – NYSDOT REGIONS

SECTION 5: CONTRACT ADMINISTRATION

5.1 Contract Administration

SECTION 6: TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Short Term Extension

6.3 Ordering

6.4 Purchasing Card Orders

6.5 Minimum Order

6.6 Invoicing and Payment

6.7 Product Delivery

6.8 NYS Financial System (SFS)

6.9 N.Y. State Finance Law § 139-l

6.10 Insurance

6.11 Report of Contract Usage

6.12 Contractor Requirements and Procedures for Participation by New York State Certified Minority- and

Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

6.13 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses

6.14 Use of Recycled or Remanufactured Materials

6.15 Environmental Sustainability and NYS Executive Order Number 22

6.16 Consumer Products Containing Mercury

6.17 Diesel Emission Reduction Act

6.18 Drug and Alcohol Use Prohibited

6.19 Traffic Infractions

6.20 Attachment – Federal Aid Project Requirements (Chapter 12 – Appendix 12-1)

SECTION 1: INTRODUCTION

1.1 Contractor Information

NOTE: See individual contract items to determine actual awardees.

Contract # Contractor Name & Address Contract Admin/Emergency/Orders Fed. ID #/ NYS Vendor ID #

PC70701 Amherst Paving, Inc. Contact: Glen M. Willis 16-1143301 SB 330 Meyer Road Phone #: 585-993-7265 1000015435 Amherst, NY 14226 Title: Estimator Email: willisg333@gmail.com

Contractor does not accept orders using NYS Procurement Card

Business Hours: 8:00am – 5:00pm (M-F)

Contract # Contractor Name & Address Contract Admin/Emergency/Orders Fed. ID #/ NYS Vendor ID #

PC70702 Barrett Paving Materials, Inc. Contact: Patrick Dewey 13-3003901 26572 NYS Route 37 Phone #: (315) 788-2037 1000038867 Watertown, NY 13601 Title: Construction Manager Email: pdewey@barrettpaving.com Contractor accepts NYS Procurement Card for orders up to $50,000

Business Hours: 7:00am – 4:30pm (M-F)

Contract # Contractor Name & Address Contract Admin Fed. ID #/

PC70703 Callanan Industries, Inc. Contact: Katherin Chilton 14-1539261 PO Box 15097 Phone #: 518-374-2222 1000027416 Albany, NY 12212 Title: Contract Administrator Email: katherin.chilton@callanan.com Contractor accepts NYS Procurement Card for orders up to $50,000 Orders Emergency or Weekends/Holidays

Phone #: 518-374-2222 Phone #: 518-374-2222 Contact: Michael Mastropietro Contact: Nicholas Duncan Email: mmastropietro@callanan.com Email: nduncan@callanan.com

Business Hours: 7:00am – 5:00pm (M-F) mailto:nduncan@callanan.com

NYS Vendor ID #

PC70704 Cobleskill Stone Products, Inc. Contact: Daniel Kleeschulte 14-1646795 112 Rock Road, PO Box 220 Phone #: 518-378-9694 1000006949 Cobleskill, NY 12043 Title: Vice President Email: dkleeschulte@cobleskillstone.com

Contractor does not accept orders using NYS Procurement Card

Emergency or Weekends/Holidays/Orders

Phone #: 518-365-1736 Contact: Mike M. Moore Email: mmoore@cobleskillstone.com

Business Hours: 6:00am – 4:30pm (M-F)

Contract # Contractor Name & Address Contract Admin/Orders Fed. ID #/

PC70705 Concrete Applied Technologies Corp. Contact: Aaron Stisser 16-1481049 SB dba CATCO Phone #: 716-651-4642 1000008259 1266 Townline Road Title: Comptroller Alden, NY 14004 Email: AaronStisser@catco.com

Contractor accepts NYS Procurement Card for orders up to $50,000

Emergency or Weekends/Holidays

Phone #: 716-880-5458 Contact: Jenna Salvadore Email: JennaSalvadore@catco.com

Business Hours: 6:00am – 4:30pm (M-F)

Contract # Contractor Name & Address Contract Admin/Orders Fed. ID #/

PC70706 D&H Excavating, Inc. Contact: Melissa Rosier 16-1459606 11939 Route 98 South Phone #: 716-492-4956 1000049326 Arcade, NY 14009 Title: Estimator/Dispatch Email: melissa@dhexc.com

Contractor does not accept orders using NYS Procurement Card

Emergency or Weekends/Holidays

Phone #: 716-560-6262 Contact: Eldon King III

Business Hours: 7:30am – 5:00pm (M-F)

NYS Vendor ID #

PC70707 D&H Paving, LLC Contact: Katie Doyle 74-3204672 SB 485 Kennedy Road Phone #: 716-893-0066 1100094020 Cheektowaga, NY 14227 Title: Manager Email: katie.doyle@dhpaving.com

Contractor does not accept orders using NYS Procurement Card

Emergency or Weekends/Holidays/Orders

Phone #: 716-348-8816 Contact: Michael Vaccaro, Jr.

Email: michael@dhpaving.com

Business Hours: 7:30am – 5:00pm (M-F)

PC70708 Dalrymple Gravel & Contracting Co., Inc. Contact: Jeanne Buckbee 16-0399910 SB 990 County Route 64 Phone #: 607-737-6200 x2016 1000007432 Elmira, NY 14903 Title: Contract Administration Email: jbuckbee@dalgravel.com

Emergency or Weekends/Holidays/Orders Phone #: 607-737-6200 x2010 Contact: Margaret Collins Email: estimating@dalgravel.com

Business Hours: 8:00am – 4:30pm (M-F)

PC70709 Dolomite Products Company, Inc. Contact: Cindy Mix 16-0410930 7610 County Route 65 Phone #: 607-661-4887 1000007433 Hornell, NY 14843 Title: Administrative Assistant Email: cmix@dolomitegroup.com

Contractor does not accept orders using NYS Procurement Card Emergency or Weekends/Holidays/Orders

Phone #: 607-968-1156 Contact: Jonathan Cook Email: jcook@dolomitegroup.com

Business Hours: 7:00am – 3:45pm (M-F)

NYS Vendor ID #

PC70710 Heidelberg Materials Northeast NY, LLC Contact: James LeMura 16-0928494 4800 Jamesville Road Phone #: 315-727-8839 1000028456 Jamesville, NY 13078 Title: Construction Manager Email: james.lemura@heidelbergmaterials.com Contractor does not accept NYS Procurement Card

Contract # Contractor Name & Address Contract Admin

Fed. ID #/ NYS Vendor ID

PC70711 Keeler Construction Co., Inc. Contact: Rachael Spearance 16-0844121 SB 13519 West Lee Road Phone #: 585-589-4481 1000039538 Albion, NY 14411 Title: Accounts Receivable Email: rachaels@keelerconstruction.com Contractor does not accept orders using NYS Procurement Card Emergency or Weekend/Holidays/Orders

Phone #: 585-589-4481 or 585-734-1052 Contact: Mark D. Keeler Email: mkeeler@keelerconstruction.com

Business Hours: 7:00am – 5:00pm (M-F)

Contract # Contractor Name & Address Contract Admin/Emergency/Orders Fed. ID #/

NYS

Vendor ID #

PC70712 Kubricky-Jointa Lime, LLC Contact: Thomas J. Garrett or Stacy G. Norton 92-3821088 269 Ballard Road Phone

518-584-2421 (Emergency # 518- 584-2421) 1100295899

Wilton, NY 12831 Title: Authorized Representative – Contact Admin Email: tgarrett@dacollins.com or snorton@dacollins.com Contractor accepts NYS Procurement Card for orders up to $50,000

NYS Vendor ID #

PC70713 Luck Bros., Inc. Contact: Craig Amell 14-1509121 SB 73 Trade Road Phone #: 518-561-4321 x20 1000001650 Plattsburgh, NY 12901 Title: Project Manager Email: craig@luckbros.com

Business Hours: 8:00am – 4:30pm (M-F)

PC70714 Noel J. Brunell & Son, Inc. Contact: Emilie Simoneau 14-1456087 SB 7441 US Route 9 Phone #: 518-561-1290 1000051434 WBE Plattsburgh, NY 12901 Title: President Email: emilie@brunellasphalt.com

PC70715 Northern Asphalt, LLC Contact: Richard J. Riccelli 46-5087422 SB 6131 E. Taft Road Phone #: 585-670-4002 1100176439 North Syracuse, NY 13212 Title: President Email: Richard.riccelli@riccellienterprises.com

PC70716 Peckham Road Corp. Contact: Dominique Bisignano 13-3493213 438 Vaughn Road Phone #: 518-813-2351 1000006385 Hudson Falls, NY 12839 Title: Contract Administrator/Assistant Secretary Email: dbisi@peckham.com

Contractor does not accept orders using NYS Procurement Card

Orders Emergency or Weekends/Holidays

Phone #: 315-289-2868 Phone #: 518-570-5437 Contact: Caleb Edelstein Contact: Tyler Pratt Email: cedel@peckham.com Email: tprat@peckham.com

Business Hours: 7:00am – 4:00pm (M-F)

Contract # Contractor Name & Address Contract Admin Fed. ID #/

NYS Vendor ID

PC70717 Seneca Stone Corporation Contact: Sandra Strong 16-1124518 SB 2105 S. Broadway Phone #: 607-738-9033 1000007782 Pine City, NY 14871 Title: Contract Administration Email: sstrong@dalholding.com

Contractor accepts NYS Procurement Card for orders between $1- $5,000 Emergency or Weekends/Holidays/Orders

Phone #: 607-738-1076 Contact: James E. Dalrymple Email: estimating@senecastone.com

Business Hours: 8:00am – 4:30pm (M-F)

Contract

# Contractor Name & Address Contract Admin/Emergency/Orders Fed. ID #/ NYS Vendor ID #

PC70718 Spallina Materials, Inc. Contact: Todd Krenzer 20-4484008 SB PO Box 89 Phone #: 585-658-2248 1000008635 West Bloomfield, NY 14585 Title: Quality Control Manager Email: tkrenzer@spallinamaterials.com

Contractor accepts NYS Procurement Card for orders between $2,000 - $5,000

Business Hours: 7:00am – 3:00pm (M-F)

Contract # Contractor Name & Address Contract Admin/Orders Fed. ID #/

NYS Vendor ID

PC70719 Suit-Kote Corporation Contact: Donald Knickerbocker 16-1177189 1911 Lorings Crossing Road Phone #: 315-238-7053 x306 1000007846 Cortland, NY 13045 Title: Construction Manager Email: dknickerbocker@suit-kote.com

Contractor does not accept orders using NYS Procurement Card

Emergency or Weekends/Holidays

Phone #: 607-591-9234 Contact: Joe Perrone Email: jperrone@suit-Kote.com

Business Hours: 7:30am – 4:30pm (M-F)

Cash Discount, If Shown, Should be Given Special Attention.

INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.

(See "Purchasing Card Orders & Invoicing and Payment" Sections 6.4 and 6.6 in this document.)

AGENCIES SHOULD NOTIFY NEW YORK STATE PROCUREMENT SERVICES PROMPTLY IF THE

CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR

SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE

UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO PROCUREMENT SERVICES.

SECTION 1: CONTRACTOR INFORMATION (Cont’d)

1.2 Small, Minority and Women-Owned Businesses

The letters SB listed under the Contract Number indicate the contractor is a NYS small business.

Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise.

1.3 Recycled, Remanufactured and Energy Efficient Products

Procurement Services supports and encourages the purchase of recycled, remanufactured, energy efficient and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more information on products meeting the suffix description.

RS, RP, RA Recycled

RM Remanufactured

SW Solid Waste Impact

EE Energy Efficient

E* EPA Energy Star

ES Environmentally Sensitive

1.4 Note to Authorized Users

When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny.

The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements.

Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible.

Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include:

• a statement of need and associated requirements,

• a summary of the contract alternatives considered for the purchase,

• the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

1.5 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed and the State provides no guarantee of individual Authorized User participation.

The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately 102 million dollars annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered.

Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by

Authorized Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by

Authorized Users than anticipated.

By submitting a Bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.6 Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B Definitions, or as below:

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification, or requirement of the Solicitation.

“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.

“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or Women-owned Business Enterprise.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day; Juneteenth; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business.

SECTION 2: PRICING

2.1 Award Pricing and Superpave Asphalt Mixtures Tables

Please refer to the price pages link published on the webpage for this contract at the OGS Procurement Services website:

OGS Centralized Contracts List | Office of General Services

2.2 Price

Pricing will be collected using Attachment 1 - Pricing.

Price quoted shall be net per ton, furnished, delivered, dumped into approved spreading machines, placed, and compacted totally by the Contractor. The existing bituminous concrete surface (and any surfaces included in this contract that will be overlaid by this contract) shall be treated with tack coat.

Tack Coat (Item 407.01040009) shall be paid under its own item. The price quoted for the tack coat shall include furnishing, delivering, and applying the tack coat as indicated. Price adjustments, if any, will be calculated based on the material actually furnished.

The vendor is to furnish all necessary labor and equipment to complete the indicated projects except that the State will supervise and control the operation. Permanent pavement striping will be the responsibility of the State upon completion of the paving after the vendor has vacated each project site. The equipment supplied to place the asphalt mixture shall meet the requirements of Section 404 of the New York State Department of Transportation Standard Specifications. The equipment supplied to place the tack coat shall meet the requirements of Section 407 of the New York State Department of Transportation Standard Specifications.

Asphalt pavers shall meet the requirements of Sub-Section 404-3.02, Hot Mix Pavers, of the New York Department of Transportation Standard Specifications. Compaction equipment shall meet the requirements of Sub-Section 404-3.04, Rollers of the Specification. All necessary operators shall be supplied along with the asphalt paver, rollers, and distributor.

The approved asphalt pavers shall be capable of simultaneously paving the travel lanes and the shoulders as indicated in the Project Dimensions tab of Attachment 12 – Superpave Asphalt Mixtures Tables. All personnel supplied for the paving shall be qualified and experienced in asphalt paving.

Price bid shall include all required insurance coverage costs.

2.3 Asphalt Price Adjustment

2.3.1 General

a. Asphalt price adjustments allowed will be based on the February 2025 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) for the asphalt mix and tack coat.

The February 2025 average is $598.000.

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.

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 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.

https://ogs.ny.gov/procurement/ogs-centralized-contracts-list

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

Asphalt Mixture

Price Adjustment (per ton)

New Monthly Average FOB Terminal Price

Base Average

FOB

Terminal Price

X Total % Asphalt Plus Fuel Allowance

Tack Coat

Price Adjustment (per gallon)

Terminal Price

Base Average

Total % Asphalt Plus Fuel Allowance

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

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

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 February 2025.

Total % Asphalt plus Fuel The percentage of total allowable asphalt and fuel for each item is as follows:

Material Designation Asphalt % +Fuel Allowance %

Total % Asphalt Plus

Fuel

404.017901 **** 1 ****

404.018901 **** 1 ****

404.058901 8.25 1 9.25% 404.068X01 6.70 1 7.70%

404.09XX01 6.20 1 7.20%

404.12XX01 5.50 1 6.50%

404.19XX01 4.90 1 5.90%

406.09XX0108 6.20 1 7.20%

407.0102 – Diluted Tack Coat 40.00 0.2 40.20%

407.0103 – Straight Tack Coat 55.00 0.2 55.20%

407.01040009 – non-Tracking Tack Coat 50.00 0.2 50.20% ****The conversion factor for Truing & Leveling will be computed separately using the conversion factors for the individual mixtures used.

+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 for the asphalt mix and $0.0170 per gallon for the tack coat. 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 agency.

2.3.2 Asphalt Price Adjustment for Asphalt Mixtures: Example

Example of Positive Price Adjustment – Asphalt Mixtures This example is for illustration purposes only. Actual Base Average Price, etc., may vary:

Item 404.09XX01

Item 404.09XX01 Bid Price = $70.000 (example)

Base Average F.O.B Terminal Price = $598.000 (fixed for the duration of the contract)

New Monthly Average F.O.B. Terminal Price = $608.000 (example, it changes each month)

Total % Asphalt plus Fuel for Item 404.09XX01 = 7.20% (see Total % Asphalt + Fuel Allowance Chart)

Monthly Price Adjustment for Item 404.09XX01 (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

($608.000 - $598.000) = $10.000 x 0.072 = +$0.720 per ton Positive Price Adjustment number shall be added to original per ton Bid Price.

Contract price for Item 404.09XX01 including the new Price Adjustment for that month (example):

Contract Price = Bid Price + Monthly Price Adjustment

Contract Price = $70.000 + $0.720 = $70.720 per ton

Example of Negative Price Adjustment- Asphalt Mixtures This example is for illustration purposes only. Actual Base Average Price, etc., may vary:

Item 404.09XX01

Item 404.09XX01 Bid Price = $70.000 (example)

Base Average F.O.B. Terminal Price = $598.000 (fixed for the duration of the contract)

New Monthly Average F.O.B. Terminal Price = $588.000 (example, it changes each month)

Total % Asphalt plus Fuel for Item 404.09XX01 = 7.20% (see Total % Asphalt + Fuel Allowance Chart)

Monthly Price Adjustment for Item 404.09XX01 (example):

($588.000 - $598.000) = -$10.000 x 0.0720 = -$0.720 per ton Negative Price Adjustment number shall be subtracted from original per ton Bid Price.

Contract price for Item 404.09XX01 including the new Price Adjustment for that month (example):

Contract Price = Bid Price – Monthly Price Adjustment

Contract Price = $70.000 - $0.720 = $69.280 per ton

2.3.3 Asphalt Price Adjustment for Tack Coat: Example

(Example of Positive Price Adjustment – Tack Coat) This example is for illustration purposes only. Actual Base Average Price, etc., may vary:

Item 407.0102 Diluted Tack Coat

Item 407.0102 Bid Price = $2.000 (example)

Base Average F.O.B. Terminal Price = $598.000 (fixed for the duration of the contract)

New Monthly Average F.O.B. Terminal Price = $608.000 (example, it changes each month)

Total % Asphalt plus Fuel for Item 407.0102 = 40.20% (see Total % Asphalt + Fuel Allowance Chart)

Monthly Price Adjustment for Item 407.0102 Diluted Tack Coat (example):

Tack Coat

Price Adjustment

Terminal Price

Base Average

Total % Asphalt Plus Fuel Allowance 235

($608.000 - $598.000) = ($10.000 /235) x 0.402 = +$0.017 per gallon Positive Price Adjustment number shall be added to original per ton Bid Price.

Contract price for Item 407.0102 Diluted Tack Coat including the new Price Adjustment for that month (example):

Contract Price = Bid Price + Monthly Price Adjustment

Contract Price = $2.000 + $0.017 = $2.017 per gallon (Example of Negative Price Adjustment- Tack Coat) This example is for illustration purposes only. Actual Base Average Price, etc., may vary:

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

Item 407.0102 Diluted Tack Coat

Item 407.0102 Bid Price = $2.000 (example)

Base Average F.O.B. Terminal Price = $598.000 (fixed for the duration of the contract)

New Monthly Average F.O.B Terminal Price = $588.000(example, it changes each month)

Total % Asphalt plus Fuel for Item 407.0102 = 40.20% (see Total % Asphalt + Fuel Allowance Chart)

Monthly Price Adjustment for Item 407.0102 Diluted Tack Coat (example):

Tack Coat

Price Adjustment

Terminal Price

Base Average

Total % Asphalt Plus Fuel Allowance 235

($588.000 - $598.000) = (-$10.000 /235) x 0.402 = -$0.017 per gallon Negative Price Adjustment number shall be subtracted from original per ton Bid Price.

Contract price for Item 407.0102 including the new Price Adjustment for that month (example):

Contract Price = Bid Price – Monthly Price Adjustment

Contract Price = $2.000 - $0.017 = $1.983 per gallon

2.4 Price Structure

If, during the Contract Term, the Contractor is unable or unwilling to meet contractual requirements in whole or in part based on the price structure of the Contract, it shall immediately notify the Office of General Services, Procurement Services in writing. Such notification shall not relieve the Contractor of its responsibilities under the Contract. The State may, but is not required to, consider an equitable adjustment in the Contract terms and/or pricing in the circumstances outlined in Appendix B, Savings/Force Majeure.

Should the Commissioner in his or her sole discretion determine during the Contract Term that (i) the Contract price structure is unworkable, detrimental, or injurious to the State, or (ii) the Contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the Contract terms and/or pricing is mutually agreeable, the State may terminate the Contract upon 10 Business Days written notice mailed to the Contractor.

SECTION 3: PREVAILING WAGE RATES & NYS LABOR LAW § 220-I

3.1 Prevailing Wage Rates – Public Works and Building Services Contracts Work being bid is subject to the prevailing wage rate provisions of New York State Labor Law. See "Prevailing Wage Rates - Public Works and Building Services Contracts" in Appendix B, OGS General Specifications. Any federal or State determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA violation deemed "serious or willful" may be grounds for a determination of vendor non-responsibility, rejection of Bid, suspension or termination of Contract.

Any provisions of NYS Labor Law that are in conflict with mandatory Federal-Aid construction contract compliance requirements are superseded. Any provisions of NYS Labor Law that are not in conflict with mandatory Federal-Aid construction contract compliance requirements or the Davis-Bacon Act but are more restrictive shall apply.

IMPORTANT NOTE: Authorized Users MUST obtain a separate PRC # for each purchase from this contract where prevailing wage rates apply.

For access to the Department of Labor (DOL) Prevailing Wage Schedule, use the following link:

NYSDOL - Prevailing Wage

For Prevailing Wage Updates, use the following DOL link:

NYSDOL - Prevailing Wage

Links to schedule updates appear in the table at the bottom of the web page.

The Federal Wage Rate Charts are located on the web at: http://www.sam.gov/content/wage-determinations. To retrieve the Federal Wage Rate Charts, referring to the next page’s tables, enter the applicable WD# in the “Select DBA by number” field on the web page and click “Search”.

Worker Notification Labor Law § 220(3-a)(a)(ii) requires Contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub. It also requires Contractors and subcontractors to post a notice at the beginning of the performance of every public work Contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule and may be downloaded from https://dol.ny.gov/ or made available upon request by contacting the Bureau of Public Work at 518-457-5589. In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice.

Public Work Contractor and Subcontractor Registry All contractors submitting bids on public work projects are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i. The registration number must be entered in the space provided on Attachment 5 – Bidder Information Questionnaire. Failure to provide a valid and verifiable registration number from the NYSDOL Registry at the time of bid submission may result in disqualification of the bid.

OSHA 10-Hour Construction Safety and Health Course Labor Law § 220-h requires that on all public work contracts of at least $250,000, all laborers, workers, and mechanics working on site be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised Bids and contracts for every public work contract of at least $250,000 contain a provision of the requirement AND only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage.

Further information may be found at: https://dol.ny.gov/workforce-protections.

https://apps.labor.ny.gov/wpp/publicViewPWChanges.do?method=showIt https://apps.labor.ny.gov/wpp/publicViewPWChanges.do?method=showIt http://www.sam.gov/content/wage-determinations https://dol.ny.gov/ https://dol.ny.gov/workforce-protections

Living Wage An Authorized User subject to a local law establishing a “living wage,” such as Section 6-109 of the New York City Administrative Code, is required to ensure the Contractor sought to be hired complies with such local law. If the pay rate(s) for a job title(s) is less than the local law “living wage,” then the Authorized User subject to such local law cannot use this Contract for such job title(s). Local laws, however, are not a term and condition of the OGS contract.

COUNTY WD # COUNTY WD # COUNTY WD #

Albany NY2 Herkimer NY31 Richmond NY3

Allegany NY47 Jefferson NY9 Rockland NY20

Bronx NY3 Kings NY3 Saratoga NY2

Broome NY4 Lewis NY9 Schenectady NY2

Cattaraugus NY8 Livingston NY30 Schoharie NY2

Cayuga NY36 Madison NY15 Schuyler NY5

Chautauqua NY8 Monroe NY10 Seneca NY40

Chemung NY5 Montgomery NY2 St Lawrence NY9

Chenango NY4 Nassau NY12 Steuben NY18

Clinton NY6 New York NY3 Suffolk NY12

Columbia NY2 Niagara NY11 Sullivan NY7

Cortland NY42 Oneida NY14 Tioga NY45

Delaware NY21 Onondaga NY16 Tompkins NY24

Dutchess NY7 Ontario NY32 Ulster NY7

Erie NY8 Orange NY7 Warren NY39

Essex NY6 Orleans NY34 Washington NY2

Franklin NY35 Oswego NY38 Wayne NY44

Fulton NY2 Otsego NY37 Westchester NY17

Genesee NY29 Putnam NY25 Wyoming NY41

Greene NY2 Queens NY3 Yates NY33

Hamilton NY46 Rensselaer NY2

3.2 N.Y. State Labor Law § 220-I

All contractors and subcontractors submitting bids or performing construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication work on public work projects or private projects for Authorized User projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor under Labor Law Section 220-i.

Labor Law Section 220-i (6) prohibits contractors from bidding on public work and subcontractors from commencing work unless the contractor or subcontractor is registered with NYSDOL. This section requires contractors to submit their Certificate of Registration with their bid materials. Contractors are required to provide proof of registration as required by Labor Law Section 220-i as a minimum qualification and that failure to provide proof of registration will disqualify a bidder. Subcontractors must be registered as required by Labor Law Section 220-i before commencing work on a covered project.

Any Contractor offering services under their Contract that involve the performance of work that is covered by Article 8 of the Labor Law must obtain and maintain an active valid Certificate of Registration for the duration of the Contract Term. Any Contractor that must obtain and retain a Certificate of Registration under this section that is using any subcontractors to provide a service covered by Article 8 of the Labor Law under this Contract must require all subcontractor(s) to register with NYSDOL and obtain a Certificate of Registration before commencing work on a covered project; and any such subcontractor must maintain their active valid contractor registration for the duration of the Contract Term.

Contractor must provide the unique registration number found on their Certificate of Registration, as well as any Subcontractor(s)’ unique registration number(s) found on their Certificate of Registration to the Authorized User in accordance with the requirements of the Labor Law and the How to Use procedures of this Contract.

SECTION 4: NYS MAP – NYSDOT REGIONS

SECTION 5: CONTRACT ADMINISTRATION

5.1 Contract Administration

The Bidder shall provide a sufficient number of Customer Service employees who are knowledgeable and responsive to Authorized User needs and who can effectively service the Contract. Bidder shall also provide an Emergency Contact in the event of an emergency occurring after business hours or on weekend/holidays.

Bidder shall provide a dedicated Contract Administrator to support the updating and management of the Contract on a timely basis. Information regarding the Customer Service, Emergency Contact, and Contract Administrator shall be set forth in Attachment 5 – Bidder Information Questionnaire. Contractor must notify OGS within five Business Days if it’s Contract Administrator, Emergency Contact, or Customer Service employees change, and provide an interim contact person until the position is filled. Changes shall be submitted electronically via e-mail to the OGS Contract Management Specialist.

SECTION 6: TERMS AND CONDITIONS

6.1 Contract Term and Extensions

A. Base Term. The Contract term shall commence after all necessary approvals and shall become effective on the date of OSC approval of the final executed contract documents and the Contract term shall end on December 31, 2025.

B. Extensions. At the State’s option, the Contract may be extended for an additional period of two (2) years, in increments as deemed to be in the best interest of the State. Whether the optional extension is exercised is at the sole discretion of the State. A Contractor shall retain the right to decline a Contract extension offered under this section. Any Contract extension will be under the same terms and conditions, subject to the approval of OSC and any additional applicable statutory and policy requirements. Any extensions provided under this section shall apply in addition to any rights set forth in Appendix B Contract Term – Extension.

C. The Contract term provided for in this section shall extend 6 months beyond its termination date only for Authorized Users whose contracts must be registered with the Office of the New York City Comptroller.

During the 6-month period the definition of Authorized User shall be deemed to refer only to Authorized Users whose contracts must be registered with the Office of the New York City Comptroller. This extension is in addition to any other extensions available under the Contract. The extension provided for in this paragraph shall be upon the then-existing terms and conditions; provided, however, during such extension an Authorized User, as defined in this paragraph, may agree to amend such terms and conditions solely to comply with changes in statutory requirements (e.g. changes in minimum, prevailing or living wages, or regulated services).

6.2 Short Term Extension

This section shall apply in addition to any rights set forth in Appendix B Contract Term – Extension. In the event that OGS determines that a short term extension is in the best interest of the State, (e.g., a replacement Contract has not been issued, or an extended period is needed for Authorized Users to transition to another procurement method), any Contract let and awarded hereunder by the State may be extended unilaterally by the State for an additional period of up to 30 calendar days upon notice to the Contractor with the same terms and conditions as the original Contract and any previously approved modifications. With the concurrence of the Contractor, the extension may be for a period of up to 90 calendar days in lieu of 30 calendar days. However, unless otherwise noted in the extension notification or agreement, this extension automatically terminates should a replacement Contract be issued in the interim.

6.3 Ordering

Purchase Orders shall be made in accordance with the terms set forth in Appendix B Purchase Orders.

Authorized Users may submit orders over the phone, and, if available, may submit orders electronically via web-based ordering, e-mail, or facsimile at any time. Orders submitted shall be deemed received by Contractor on the date submitted.

All orders shall reference Contract number, requisition, and/or Purchase Order number (if applicable). Upon Contractor’s receipt of an order, confirmation is to be provided to the Authorized User electronically or via facsimile. Order confirmation should be sufficiently detailed, and include, at a minimum, purchase price, date of order, delivery information (if applicable), Authorized User name, and sales representative (if applicable).

6.4 Purchasing Card Orders

If the Contractor accepts orders using the State’s Purchasing Card (see Appendix B Purchasing Card), also referred to as the Procurement Card, the Contractor shall not charge or bill the Authorized User for any additional charges related to the use of the Purchasing Card, including but not limited to processing charges, surcharges or other fees.

6.5 Minimum Order

There is no minimum order for this Contract.

6.6 Invoicing and Payment

Invoicing and payment shall be made in accordance with the terms set forth in Appendix B Contract Invoicing.

Payment shall be made at contract prices per net ton for the actual quantity of material placed by the Contractor. Payment shall be made at the contract price per gallon for the actual quantity of tack coat placed by the Contractor.

Quality Adjustment Factor (QAF; Quality Units) Payment adjustments will be applied in Quality Units for all applicable mixes as described in Sub-Section 401-3, 404-4, and 404-5 of the NYSDOT Standard Specifications https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us. Please refer to that document for a more detailed explanation. The following Index Prices shall be used for all projects contained in this contract:

QUALITY UNIT INDEX PRICES (QAF)

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

The Contractor is required to provide the Authorized User with one invoice for each Purchase Order at the time of delivery. The invoice must include detailed line item information to allow Authorized Users to verify that pricing at point of receipt matches the Contract price on the original date of order. At a minimum, the following fields must be included on each invoice:

• Contractor Name

• Contractor Billing Address

• Contractor Federal ID Number

• NYS Vendor ID Number

• Account Number

• NYS Contract Number

• Name of Authorized User indicated on the Purchase Order

• NYS Agency Unit ID (if applicable)

• Authorized User’s Purchase Order Number

• Order Date

• Invoice Date

• Invoice Number

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

• Product Descriptions

• Unit Price

• Quantity

• Unit of Measure

• Dates of Service (if applicable)

Cost centers or branch offices within an Authorized User may require separate invoicing as specified by each Authorized User. The Contractor's billing system shall be flexible enough to meet the needs of varying ordering systems in use by different Authorized Users. Visit the following link for further guidance for vendors on invoicing: https://bsc.ogs.ny.gov/nys-vendors.

6.7 Product Delivery

Delivery of all Contract Products shall be made in accordance with Appendix B Product Delivery and Shipping/Receipt of Product.

6.8 NYS Financial System (SFS)

New York State is currently operating on an Enterprise Resource Planning (ERP) system, Oracle PeopleSoft software, referred to as the Statewide Financial System (SFS). SFS supports requisition-to-payment processing and financial management functions.

The State may be implementing additional PeopleSoft modules in the near future. Further information regarding business processes, interfaces, and file layouts currently in place may be found at:

http://www.sfs.ny.gov and http://www.osc.state.ny.us/agencies/guide/MyWebHelp/.

6.9 N.Y. State Finance Law § 139-l

Pursuant to N.Y. State Finance Law § 139-l, every Bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y. State Labor Law § 201-g.

N.Y. State Labor Law § 201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of N.Y. State Labor Law § 201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: https://www.ny.gov/combating-sexual-harassment-orkplace/employers.

Pursuant to N.Y. State Finance Law § 139-l, any Bid by a corporate Bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such Bidder, and such authorization shall be deemed to include the signing and submission of such Bid and the inclusion therein of such statement as the act and deed of the Bidder.

If the Bidder cannot make the required certification, such Bidder shall so state and shall furnish with the Bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification. After review and consideration of such statement, OGS may reject the Bid or may decide that there are sufficient reasons to accept the Bid without such certification.

The certification required above can be found on Attachment 2 – NYS Required Certifications, which Bidder must submit with its Bid.

https://bsc.ogs.ny.gov/nys-vendors http://www.sfs.ny.gov/ http://www.osc.state.ny.us/agencies/guide/MyWebHelp/

6.10 Insurance

The Contractor shall maintain in force at all times during the terms of the Contract, policies of insurance pursuant to the requirements outlined in Attachment 4 – Insurance Requirements.

The Contractor must supply proof of Owners and Contractors Protective (OCP) Insurance Coverage, with a limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, to the Resident Engineer at the Pre-Paving Conference.

6.11 Report of Contract Usage

Contractor shall submit Attachment 8 – Report of Contract Usage including total sales to Authorized Users of this Contract by Contractor, and all authorized resellers, dealers and distributors, if any, no later than 30 days after the end of this contract.

Contractors shall specify if any authorized resellers, dealers or distributors are NYS Certified Minority- and/or Women-Owned Business Enterprises (MWBEs), small business enterprises (SBEs), or Service-Disabled Veteran-Owned Businesses (SDVOBs).

The report is to be submitted electronically via e-mail in…