3150323433a.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 (2026 VPP NYSDOT Specific Projects) (Federal & State Funds)

Classification Code(s): 30

Award Number : 23433

Contract Period : May 1 through December 31, 2026

Bid Opening Date : March 11, 2026

Date of Issue : May 6, 2026

Specification Reference : SPEC 951 dated December 2, 2025

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

Address Inquiries To:

Name :

Title :

Phone :

E-mail :

Spencer Koenig Contract Management Specialist 518-473-9122 OGS.sm.PS.Road.Materials@ogs.ny.gov

Procurement Services Customer Services

Phone :

E-mail :

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

Procurement Services values your input.

Complete and return "Contract Performance Report" at end of document.

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 # 23433

https://ogs.ny.gov/award-23433 mailto:OGS.sm.PS.Road.Materials@ogs.ny.gov mailto:customer.services@ogs.ny.gov

GROUP 31503 Bituminous Concrete Asphalt Mixtures (2026 VPP NYSDOT Specific Projects) (Federal & State Funds)

AWARD PAGE 2

31503 23433a

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 NYS DOL Prevailing Wage Rates – Public Works and Building Services Contracts

3.2 NYS 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 Quality Adjustment Factor (QAF; Quality Units)

6.8 Product Delivery

6.9 NYS Financial System (SFS)

6.10 N.Y. State Finance Law § 139-l

6.11 Insurance

6.12 Report of Contract Usage

6.13 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

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

6.15 Use of Recycled or Remanufactured Materials

6.16 Environmental Sustainability and NYS Executive Order Number 22

6.17 Consumer Products Containing Mercury

AWARD PAGE 3

6.18 Diesel Emission Reduction Act

6.19 Drug and Alcohol Use Prohibited

6.20 Traffic Infractions

6.21 Contract Documents; Electronic Format

AWARD PAGE 4

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 #

PC70965 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)

PC70966 Barrett Paving Materials Inc. Contact: Patrick Dewey 13-3003901 26572 NYS Rt 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)

PC70967 Broome Bituminous Products, Inc. Contact: Daniel W. Gates 16-1275720 SB 416 Prentice Rd. Phone #: 607-729-0498 1000015652 Vestal, NY 13850 Title: President & CEO Email: dgates@broomebit.com

Business Hours: 7:00am – 5:00pm (M-F)

PC70968 Callanan Industries, Inc Contact: Michael Mastropietro 14-1539261 8 Southwoods Blvd, 4th Fl Phone #: 518-374-2222 1000027416 Albany, NY 12211 Title: Vice President Email: Mmastropietro@callanan.com mailto:willisg333@gmail.com

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

PC70969 Cobleskill Stone Products Inc Contact: Shane J Strong 14-1646795 PO Box 220 Phone #: 518-234-0221 1000006949 Cobleskill, NY 12043 Title: VP of Sales Email: csp.shane@yahoo.com

Contractor does not accept orders using NYS Procurement Card Business Hours: 5:30am – 5:30pm (Summer)

7:00am – 3:30pm (Winter)

Contract

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

PC70970

Concrete Applied Technologies Corp.

dba CATCO Contact: Aaron Stisser 16-1481049

SB 1266 Townline Rd Phone #: 716-651-4642 1000008259 Alden, New York 14004 Title: Comptroller Email: AaronStisser@catco.com

Business Hours: 6:00am – 4:30pm (M-F)

PC70971 D&H Excavating Inc Contact: George DeWald 16-1459606 11939 Rt 98 South Phone #: 716-492-4956 1000049326 Arcade, New York 14009 Title: Estimator/ Project Manager Email: george@dhexc.com

Business Hours: 7:30am – 5:00pm (M-F)

PC70972 D&H Paving LLC Contact: Michael Vaccaro Jr. 74-3204672 SB 485 Kennedy Rd Phone #: 716-893-0066 1100094020 Cheektowaga, New York 14227 Title: Member Email: michael@dhpaving.com

Business Hours: 7:30am – 5:00pm (M-F)

AWARD PAGE 6

Contract # Contractor Name & Address Contract

Admin/Emergency/Orders Fed. ID #/

NYS Vendor ID

PC70973 Dalrymple Gravel & Contracting Co, Inc. Contact: Jeanne Buckbee 16-0399910 SB 990 County Rt 64 Phone #: 607-737-6200 Ext 2016 1000007432 Elmira, New York 14903 Title: Contract Administrator Email: jbuckbee@dalgravel.com

Business Hours: 8:00am – 4:30pm (M-F)

PC70974 Dolomite Products Company, Inc. Contact: Jonathan Cook 16-0410930 7610 County Rt 65 Phone #: 607-968-1156 1000007433 Hornell, New York 14843 Title: Operations Manager Email: jcook@dolomitegroup.com

Contractor does not accept orders using NYS Procurement Card

Business Hours: 7:00am – 3:45pm (M-F)

Contract

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

PC70975 Heidelberg Materials Northeast LLC Contact: James LeMura 24-0649400 4800 Jamesville Rd Phone #: 315-727-8839 1100340116 Jamesville, New York 13078 Title: Sales Manager Email: james.lemura@heidelbergmaterials.com

Business Hours: 7:00am – 4:00pm (M-F)

PC70976 Keeler Construction Co., Inc. Contact: Mark D. Keeler 16-0844121 SB 13519 West Lee Rd Phone #: 585-589-4481 1000039538 Albion, New York 14411 Title: President Email: mkeeler@keelerconstruction.com

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

PC70977 Kubricky-Jointa Lime, LLC Contact:

John P. Davidson | Stacy C. Norton 92-3821088

269 Ballard Rd Phone #: 518-584-2421 | 518-886-7540 1100295899

Wilton, New York 12831 Title: Vice President/Secretary |

Contract Admin Email: jdavidson@dacollins.com | snorton@dacollins.com

PC70978 Luck Bros., Inc. Contact: Craig Amell 14-1509121 SB 73 Trade Rd Phone #: 518-561-4321 x 20 1000001650 Plattsburgh, New York 12901 Title: Project Manager Email: craig@luckbros.com

Business Hours: 8:00am – 4:00pm (M-F)

PC70979 Noel J. Brunell & Son, Inc. Contact: Emilie Simoneau 14-1456087 SB 7441 US Rt 9 Phone #: 518-561-1290 1000051434 WBE Plattsburgh, New York 12901 Title: President Email: emilie@brunellasphalt.com

PC70980 Northern Asphalt, LLC Contact: Richard J Riccelli 46-5087422 SB 6131 E Taft Road Phone #: 585-370-4002 1100176439 North Syracuse, New York 13212 Title: President Email: Richard.riccelli@riccellienterprises.com mailto:jdavidson@dacollins.com

AWARD PAGE 8

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

PC70981 Occhino Corp Contact: Anthony Occhino 16-0835935 SB 2650 Seneca St Phone #: 716-827-7000 1000055173 Buffalo, New York 14224 Title: Sr. Vice President Email: tony@occhinopaving.com

Business Hours: 7:00am – 5:00pm (Every day)

PC70982 Peckham Road Corp. Contact: Caleb Edelstein 13-3493213 438 Vaughn Rd Phone #: 518-792-3157 1000006385 Hudson Falls , New York 12839 Title: Assistant Secretary Email: Cedel@peckham.com

Business Hours: 7:00am – 3:00pm (M-F)

PC70983 Seneca Stone Corporation Contact: Sandra Strong 16-1124518 SB 2105 S. Broadway Phone #: 607-738-9033 1000007782 Pine City, New York 14871 Title: Contract Administration Email: sstrong@dalholding.com

Contractor accepts NYS Procurement Card for orders up to $5,000

Business Hours: 8:00am – 4:30pm (M-F)

PC70984 Spallina Materials, inc. Contact: Todd Krenzer 20-4484008 SB 8222 Routes 5 & 20 Phone #: 585-658-2248 1000008635 West Bloomfield, New York 14585 Title: Quality Control Manager Email: tkrenzer@spallinamaterials.com

Business Hours: 7:00am – 3:00pm (M-F)

AWARD PAGE 9

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

PC70985 Suit-Kote Corporation Contact: Donald Knickerbocker 16-1177189 1911 Lorings Crossing Rd Phone #: 315-238-7053 ext 306 1000007846 Cortland, New York 13045 Title: Construction Manager Email: dknickerbocker@suit-kote.com

Business Hours: 7:30am – 4:30pm (M-F)

PC70986 Villager Construction, Inc. Contact: Casey Smith 16-1146699 425 Old Macedon Center Rd Phone #: 585-223-7697 1000015440 Fairport, New York 14450 Title: Vice President Email: csmith2@villagerci.com

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

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.

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

AWARD PAGE 10

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 $181,000,000 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.

AWARD PAGE 11

1.6 Definitions

Capitalized terms used in this Solicitation and the resultant Contract(s) 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(s)” 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” shall refer 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” shall refer to 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 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.

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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

The following terms and conditions shall apply to pricing offered under the Contract. For Bid pricing, see Section 4.5 Bid Pricing Submittal.

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, unless otherwise indicated in Attachment 10 - Special Notes – NYSDOT Specific Projects. 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 includes all required insurance coverage costs.

2.3 Asphalt Price Adjustment

General

a. Asphalt price adjustments allowed will be based on the February 2026 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 2026 average is $638.000.

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

AWARD PAGE 13

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.

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)

New Monthly Average FOB 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 2026.

AWARD PAGE 14

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.

AWARD PAGE 15

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:

Monthly Price Adjustment for Item 404.09XX01 (example):

Item 404.09XX01 Bid Price = $70.000 (example)

Base Average F.O.B Terminal Price = $638.000 (fixed for the duration of the contract)

New Monthly Average F.O.B. Terminal Price = $648.000 (example, it changes each month)

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

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

($648.000 - $638.000) = 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:

Monthly Price Adjustment for Item 404.09XX01 (example):

Item 404.09XX01 Bid Price = $70.000 (example)

Base Average F.O.B. Terminal Price = $638.000 (fixed for the duration of the contract)

New Monthly Average F.O.B. Terminal Price = $628.000 (example, it changes each month)

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

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

($628.000 - $638.000) = -10.000 x 0.072 = -$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

AWARD PAGE 16

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:

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

Item 407.0102 Bid Price = $2.000 (example)

Base Average F.O.B. Terminal Price = $638.000 (fixed for the duration of the contract)

New Monthly Average F.O.B. Terminal Price = $648.000 (example, it changes each month)

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

Tack Coat

Price Adjustment (per gallon)

New Monthly Average FOB Terminal Price

Base Average

Total % Asphalt Plus Fuel Allowance 235

($648.000 - $638.000) = ($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:

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

Item 407.0102 Bid Price = $2.000 (example)

Base Average F.O.B. Terminal Price = $638.000 (fixed for the duration of the contract)

New Monthly Average F.O.B Terminal Price = $628.000(example, it changes each month)

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

Tack Coat

Price Adjustment (per gallon)

New Monthly Average FOB Terminal Price

Base Average

Total % Asphalt Plus Fuel Allowance 235

($628.000 - $638.000) = (-$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

AWARD PAGE 17

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 ten (10) Business Days written notice mailed to the Contractor.

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

3.1 NYS DOL Prevailing Wage Rates – Public Works and Building Services Contracts Work being done under a resulting Authorized User agreement may be subject to the Prevailing Wage Rate provisions of the New York State Labor Law (see Appendix B Prevailing Wage Rates – Public Works and Building Services Contracts and Section 6.34 NYS Labor Law § 220-i). Such work shall be identified by the Authorized User (see Section 5.2 Procurement Instructions for Authorized Users). The actual bill rates for each Authorized User agreement will be established based upon the Prevailing Wage Case Number (PRC#) obtained by each requesting Authorized User.

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, or suspension or termination of the Contract or Authorized User agreement.

The following also applies to this Contract.

A. 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.

B. 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.

C. 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.

3.2 NYS Labor Law § 220-i

All Contractors and Subcontractors submitting Bids to an Authorized User for construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication work on Authorized User public work projects or private projects covered by Article 8 of the Labor Law (“covered projects”) are required to register with the New York State Department of Labor (NYSDOL) under Labor Law § 220-i.

https://dol.ny.gov/ https://dol.ny.gov/workforce-protections

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Labor Law § 220-i (6) prohibits Contractors from bidding on public work and Subcontractors from commencing work unless the Contractor or Subcontractor is registered with NYSDOL. A Contractor is required to submit its Certificate of Registration with its Bid materials when responding to a Purchase Order that is subject to Labor Law § 220-i, as determined by the Authorized User. Such Contractor shall submit its Certificate of Registration to the Authorized User in its response to the Purchase Order. Failure to provide proof of registration may disqualify a Contractor from receiving an award to perform the work included in the Purchase Order. Subcontractors must also be registered as required by Labor Law § 220-i before commencing work on a covered project.

Any Contractor offering services under the Contract that involves 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 an active valid registration for the duration of the Contract Term.

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SECTION 4: NYS MAP – NYSDOT REGIONS

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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/NYS Holidays.

Bidder shall provide a minimum of one (1) 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 (5) 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.

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SECTION 6: TERMS AND CONDITIONS

6.1 Contract Term and Extensions

A. Base Term. The Contract shall be in effect for a term of up to nine (9) months. The Contract term shall commence after all necessary approvals and shall become effective upon the date of OSC approval of the final executed documents, and the Contract term shall end December 31, 2026.

B. Extensions. At the State’s option, and subject to the approval of OSC, the Contract may be extended for two (2) years, in increments as deemed to be in the best interest of the State. Whether the optional extensions are 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 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 six (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 six (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 thirty (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 ninety (90) calendar days in lieu of thirty (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.

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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.

The Contractor is required to provide the Authorized User with one (1) 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

• 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.

https://bsc.ogs.ny.gov/nys-vendors

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6.7 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 $95

2 $105

3 $110

4 $105

5 $105

6 $95

7 $90

8 $140

9 $100

10 $125

11 $150

6.8 Product Delivery

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

6.9 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. Further information regarding business processes, interfaces, and file layouts currently in place may be found at: http://www.sfs.ny.gov and https://www.osc.ny.gov/state-agencies/gfo/chapter-iii/iii1-statewide-financial-system-sfs-overview.

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 http://www.sfs.ny.gov/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.osc.ny.gov%2Fstate-agencies%2Fgfo%2Fchapter-iii%2Fiii1-statewide-financial-system-sfs-overview&data=05%7C02%7CWendy.Reitzel%40ogs.ny.gov%7C788ee54c939d422b361d08dd1a163b05%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638695404959872339%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=gQ3Ay0VGCCat68LtiQRekSd%2FwoOAQPKorMJ04Ztgjzg%3D&reserved=0

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6.10 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-workplace/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.

6.11 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

6.12 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 ten (10) days after the end of the contract period. If the Contract period begins or ends in a fractional portion of a reporting period, only the actual Contract sales for this fractional period should be included in the report.

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 Microsoft Excel to OGS Procurement Services, to the attention of the individual listed on the front page of the Contract Award Notification and shall reference the Contract Group Number, Award Number, Contract Number, Sales Period, and Contractor's name.

The report in Attachment 8 – Report of Contract Usage contains the minimum information required.

Additional related sales information, such as detailed user purchases, may be required by OGS and must be supplied upon request. Failure to submit reports on a timely basis may result in Contract cancellation and designation of Contractor as non-responsible.

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The Authorized User reserves the right to request its applicable sales data from the Contractor, based on criteria identified by the Authorized User, over the life of the contract. If sales data is requested, Contractor must provide datapoints that are required by Attachment 8 – Report of Contract Usage.

Termination of the Contract under this Section is in addition to Appendix B Termination, and shall take effect upon written notification to the Contractor. The Contract may be terminated for failure to file the reports required under this Section.

6.13 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 The requirements set forth in this Section do not apply to projects within the scope of this Invitation for Bids (IFB) that are federally funded. Federally funded projects are governed by 49 CFR 26 titled: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. (A list of federally funded projects included in this IFB can be found in Attachment 10 – Special Notes NYSDOT Specific Projects, Section 2.1).

Bidders shall refer to Attachment 14 – Federal Aid Project Requirements (Chapter 12 – Appendix 12-1) for additional guidance on the DBE Utilization and Equal Employment Opportunity requirements applicable to all federally funded projects.

I. New York State Law

Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations (“NYCRR”), the New York State Office of General Services (“OGS”) is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-Owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts.

II. General Provisions

A. OGS is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 140-145 (“MWBE Regulations”) for all State contracts as…