23428_General Specifications

General Specifications

Liquid Bituminous Materials

Award #23428

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 2 of 66

(STATEWIDE)

Table of Contents

LOT 1: ASPHALT EMULSIONS

1.1 Introduction

1.2 Pricing Information

1.2.1 General

1.2.2 Insurance

1.3 Asphalt Price Adjustments – Asphalt Emulsions

1.3.1 General

1.3.2 Asphalt Price Adjustment – Asphalt Emulsions: Example

1.4 Minimum Order

1.5 Payment

1.6 Detailed Specifications – Asphalt Emulsions

LOT 2: CHIP SEAL

2.1 Introduction

2.2 Pricing Information

2.2.1 General

2.2.2 Insurance

2.3 Asphalt Price Adjustments – Chip Seal

2.3.1 General

2.3.2 Asphalt Price Adjustment – Chip Seal: Example

2.4 Payment

2.5 Payment for Mobilization from Contractor’s Location to Project Location and to Heat, Haul, and Apply Bituminous

Material with Contractor’s Equipment

2.6 Pre-Chip Seal Meeting

2.7 Supervision

2.8 Work Hours

2.9 Construction Details

2.10 Restoration of Disturbed Areas

2.11 Damaged or Deficient Areas

2.12 Damage Claims

2.13 Work Zone Traffic Control

2.13.1 Special Note - Temporary Pavement Markings

2.13.2 Additional Flaggers for Work Zone Traffic Control

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

2.13.4 Special Note: Work Zone Intrusion Initiative

2.14 Detailed Specifications – Chip Seal

LOT 3: COLD RECYCLING

3.1 Introduction

3.2 Pricing Information

3.2.1 General

3.2.2 Insurance

3.3 Asphalt Price Adjustments – Cold Recycling

3.3.1 General

3.3.2 Asphalt Price Adjustment – Cold Recycling: Example

3.4 Minimum Project Size

3.5 Delivery Ticket

3.6 Payment

3.7 Pre-Recycling Meeting

3.8 Supervision

3.9 Work Hours

3.10 Mix Design

3.11 Coring by the Contractor for Non NYSDOT Projects

3.12 Shoulder Milling

3.13 Restoration of Disturbed Areas

3.14 Optional Work Zone Traffic Control

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 3 of 66

3.14.1 Special Note - Temporary Pavement Markings

3.14.2 Additional Flaggers for Work Zone Traffic Control

3.14.3 Work Zone Traffic Intrusion Initiative

3.15 Detailed Specifications – Cold Recycling Asphalt Concrete

LOT 4: HEATER SCARIFICATION

4.1 Introduction

4.2 Pricing Information

4.2.1 General

4.2.2 Insurance

4.3 Asphalt Price Adjustments – Heater Scarification

4.3.1 General

4.3.2 Asphalt Price Adjustment – Heater Scarification: Example

4.4 Minimum Project Size

4.5 Payment

4.6 Payment for Mobilization from Contractor’s Equipment Storage Facility to Project Location

4.7 Payment to Heat, Haul, and Apply Recycling Agent from Contractor’s Bituminous Storage Facility to Project

Location

4.8 Pre-Heater Scarification Meeting

4.9 Supervision

4.10 Work Hours

4.11 Mix Design

4.11.1 Mix Design for NYS Department of Transportation (NYSDOT)

4.11.2 Mix Design for Authorized Users other than NYSDOT

4.12 Restoration of Disturbed Areas

4.13 Damaged or Deficient Areas

4.14 Optional Work Zone Traffic Control

4.14.1 Special Note - Temporary Pavement Markings

4.14.2 Additional Flaggers for Work Zone Traffic Control

4.14.3 Pilot Vehicles with Drivers

4.14.4 Work Zone Traffic Intrusion Initiative

4.15 Detailed Specifications – Heater Scarification

LOT 5: MICRO-SURFACING AND/OR QUICK SET SLURRY SEAL

5.1 Introduction

5.2 Pricing Information

5.2.1 General

5.2.2 Insurance

5.3 Asphalt Price Adjustments – Micro-surfacing and/or Quick Set Slurry Seal

5.3.1 General

5.3.2 Asphalt Price Adjustment – Micro-surfacing and/or Quick Set Slurry Seal: Example

5.4 Delivery Ticket

5.5 Payment

5.6 Pre-Micro-surfacing and/or Quick Set Slurry Seal Meeting

5.7 Supervision

5.8 Work Hours

5.9 Construction Details

5.10 Restoration of Disturbed Areas

5.11 Damaged or Deficient Areas

5.12 Optional Work Zone Traffic Control

5.12.1 Special Note: Temporary Pavement Markings

5.12.2 Additional Flaggers for Work Zone Traffic Control

5.12.3 Optional Pilot Vehicles with Drivers

5.12.4 Optional Additional Construction Signs

5.12.5 Abrading of Existing Pavement Markings with Work Zone Traffic Control by the Authorized User

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

5.12.7 Special Note: Work Zone Intrusion Initiative

5.13 Detailed Specifications – Micro-surfacing and/or Quick Set Slurry Seal

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 4 of 66

LOT 6: PAVER PLACED SURFACE TREATMENT – CONVENTIONAL AND MODIFIED

6.1 Introduction

6.2 Pricing Information

6.2.1 General

6.2.2 Insurance

6.3 Asphalt Price Adjustments – Paver Placed Surface Treatment

6.3.1 General

6.3.2 Asphalt Price Adjustment – Paver Placed Surface Treatment: Example

6.4 Minimum Quantities

6.5 Delivery Ticket

6.6 Payment

6.7 Pre-Conventional or Modified Paver Placed Surface Treatment Meeting

6.8 Supervision

6.9 Work Hours

6.10 Construction Details

6.11 Saturday and Sunday Work

6.12 Damaged or Deficient Areas

6.13 Optional Overlay Splices with Work Zone Traffic Control by the Authorized User

6.14 Optional Overlay Splices with Work Zone Traffic Control by the Contractor

6.15 Optional Work Zone Traffic Control

6.15.1 Special Note: Temporary Pavement Markings

6.15.2 Additional Flaggers for Work Zone Traffic Control

6.15.3 Optional Pilot Vehicle with Drivers

6.15.4 Optional Additional Construction Signs

6.15.5 Abrading Existing Pavement Markings with Work Zone Traffic Control by the Authorized User

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

6.15.7 Special Note: Work Zone Intrusion Initiative

6.16 Detailed Specifications – Paver Placed Surface Treatment (Conventional and Modified)

LOT 7: JOINT AND CRACK FILLER/SEALER, AND MASTIC REPAIR MATERIAL

7.1 Introduction

7.2 Pricing Information

7.2.1 General

7.2.2 Insurance

7.3 Asphalt Price Adjustments – Joint and Crack Filler/Sealer and Mastic Repair Material

7.3.1 General

7.3.2 Asphalt Price Adjustment – Joint and Crack Filler/Sealer: Example

7.4 Minimum Order

7.5 Delivery Ticket

7.6 Payment

7.7 Work Hours

7.8 Optional Work Zone Traffic Control

7.8.1 Additional Flaggers for Work Zone Traffic Control

7.8.2 Optional Pilot Vehicles with Drivers

7.8.3 Special Note: Work Zone Intrusion Initiative

7.9 Detailed Specifications – Joint and Crack Filler/Sealer and Mastics

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 5 of 66

LOT 1: ASPHALT EMULSIONS

1.1 Introduction

Asphalt emulsions are liquid bituminous materials (asphalt cement, water and an emulsifying agent) which are applied either separately or with crushed stone to seal the surface of highway pavements. Asphalt emulsions are also applied as tack coats in conjunction with highway pavement resurfacing with bituminous concrete materials.

1.2 Pricing Information

1.2.1 General

Price bid with the exception of F.O.B. Storage Facility shown herein must include material cost and cost to furnish, heat, haul, deliver and apply with Contractor's equipment.

The price (mile and gallon range) for a specific job will be calculated at the same rate. This rate will be determined by finding the one category that applies to the total miles and gallons per job. For example, a job that is 11 miles from the plant will be calculated at the same rate per gallon for each mile (from 1 to 11) that is indicated in the 11- 25 mile column herein, rather than on a cumulative basis. Similarly, a job that is 16 miles from the plant and required 4,000 gallons over a two-day period would be calculated using the 11-25 mile row and the 1,001-3,000 gallon range since it would be presumed that equal quantities would be applied each day.

Price for optional Self-propelled Aggregate Spreader with Operator is net per day per spreader with operator and includes mobilization.

Price quoted for optional 10-ton Pneumatic Tire Roller with Operator is net per day per 10-ton pneumatic tire roller with operator and includes mobilization.

Excess Time Charge for All Items except Diluted Tack Coat (Material Designation 407.0102), Straight Tack Coat (Material Designation 407.0103) and Non-Tracking Tack Coat (Material Designation 407.01040009):

This is the charge for each 15-minute period or portion thereof for a delay attributable to the Authorized User after scheduled delivery time. Excess time charges do not apply while Contractor is unloading and/or applying material.

They only apply when Contractor is delayed by the Authorized User.

Hourly Charge for Diluted Tack Coat (Material Designation 407.0102), Straight Tack Coat (Material Designation 407.0103) and Non-Tracking Tack Coat (Material Designation 407.01040009):

This is the charge per hour that an Asphalt Emulsion distributor truck is on the project commencing at the scheduled start time indicated by the Authorized User and ending when the Authorized User has indicated to the distributor truck operator that no more Tack Coat is needed for the day. No deduction of time spent applying tack coat shall be made from the payment of the hourly charge. No adjustment shall be allowed for work hours longer than the standard workday. Excess Time Charge does not apply to Diluted Tack Coat (Material Designation 407.0102), Straight Tack Coat (Material Designation 407.0103) and Non-Tracking Tack Coat (Material Designation 407.01040009):.

It is inherent in the application of Tack Coat that the distributor applies tack coat for a very short period of time and then must wait until the emulsion breaks and the Asphalt Mix is placed over the tack coat before Tack Coat may be applied at another location on the project. To fairly compensate Contractors for expenses incurred during long periods of inactivity where Tack Coat distributor trucks and operators must be in stand-by mode on the project, an hourly charge for time actually spent on the project after the scheduled starting time has been introduced. This hourly charge is for time spent on the project, both applying tack coat and waiting to apply tack coat.

1.2.2 Insurance

Please refer to Section 6.19 - Insurance of the Invitation for Bids for information about insurance.

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 6 of 66

LOT 1: ASPHALT EMULSIONS (Cont’d)

1.3 Asphalt Price Adjustments – Asphalt Emulsions

1.3.1 General

a. Asphalt price adjustments allowed will be based on the November 1, 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). The new monthly average terminal price will be determined by the New York State Department of Transportation based on prices of pre-approved primary sources of performance graded binder in accordance with the New York State Department of Transportation Standard Specification.

The November 1, 2025 average is $638.000

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

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

b. The new average F.O.B. terminal price will be determined based on the above F.O.B. terminal prices posted each month 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 of bituminous materials purchased from any award based on this specification will be subject to adjustment based on the following formula:

Price Adjustment (per gallon)

New Monthly Average

FOB Terminal Price - Base Average Terminal Price

X Total

Allowable Petroleum % 235

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

Negative Price Adjustment number shall be subtracted from original per 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 November 1, 2025.

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 7 of 66

Total Allowable Petroleum The percentage of total allowable petroleum for each item is as follows:

Material Designation

Grade Asphalt % Petroleum Allowance %

Total Allowable

Petroleum %

702-0700 18-60 100.0 0.2 100.2%

702-3001 RS-1 55.0 1.7 56.7%

702-3002 RS-1h 55.0 1.7 56.7%

702-3101 RS-2 63.0 2.7 65.7%

702-3102 HFRS-2 63.0 2.7 65.7%

702-3201 MS-2 65.0 8.2 73.2%

702-3301 HFMS-2 65.0 8.2 73.2%

702-3401 HFMS-2h 65.0 2.7 67.7%

702-3402 HFMS-2s 65.0 8.2 73.2%

702-3501 SS-1 57.0 0.2 57.2%

702-3601 SS-1h 57.0 0.2 57.2%

702-3101P RS-2p 63.0 2.7 65.7%

702-3102P HFRS-2p 63.0 2.7 65.7%

702-4001 CRS-1 60.0 2.7 62.7%

702-4002 CRS-1h 60.0 2.7 62.7%

702-4101 CRS-2 65.0 2.7 67.7%

702-4201 CMS-2 65.0 10.2 75.2%

702-4301 CMS-2h 65.0 10.2 75.2%

702-4401 CSS-1 57.0 0.2 57.2%

702-4501 CSS-1h 57.0 0.2 57.2%

702-4601 CQS-1h 62.0 0.2 62.2%

702-4001P CRS-1p 60.0 2.7 62.7%

702-4101P CRS-2p 65.0 2.7 67.7%

702-4601P CQS-1p 62.0 0.2 62.2%

407.0102 Diluted Tack Coat 40.0 0.2 40.2%

407.01040009 Non-Tracking Tack Coat 50.0 0.2 50.2%

Note: For Material Designation 407.0103 Straight Tack Coat, use Total Allowable Petroleum % for appropriate emulsion grade.

Asphalt Price Adjustments will not be allowed for materials which do not have an asphalt cement base.

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.

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 8 of 66

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 $0.010 per gallon from the original price. In these instances, prices will revert back to the original prices.

f. All Asphalt Price Adjustments will be computed to three decimal places.

g. Should these provisions result in a price structure which becomes unworkable, detrimental or injurious to the

State or in prices which are not truly reflective of market conditions or which are deemed by the Commissioner to be unreasonable or excessive, and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon ten days written notice mailed to the Contractor to terminate any contract resulting from this bid opening.

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

1.3.2 Asphalt Price Adjustment – Asphalt Emulsions: Example

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

Material Designation 702-3101 Base Average Price = $638.000 New Average Price = $648.000 % Total Allowable Petroleum = 65.7%

Price Adjustment (per gallon)

(648.000 - 638.000)

X 0.657

Price Adjustment (per gallon)

= +$0.028 per gallon

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

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

1.4 Minimum Order

The absolute minimum order is 500 gallons for each Material Designation unless agreed by the Contractor.

Note: In a case where a project requires several days to be completed, this minimum order of 500 gallons doesn’t apply to the last day of work needed to complete the project.

1.5 Payment

Payment shall be made at contract price per gallon for the actual quantities of liquid bituminous material furnished to and verified by the Authorized User. This determination as to quantities involved in any contract shall be accepted as final and binding upon the Contractor. A delivery slip stating quantities shall accompany each shipment. An invoice shall be sent promptly by the Contractor to the Engineer of the region or to the Authorized User Representative placing the order.

Measurement shall be based on the volume of the liquid bituminous material at a temperature of 60°F. All invoices shall show an allowance for temperature above 60°F. The temperature - volume correction to obtain the correct volume at 60°F shall be 0.00025 gallons per °F for all asphalt emulsions. The method to be used for volume corrections for other petroleum products shall be the method and coefficients of expansion given in the “Standard Petroleum Tables, A.S.T.M. D1250.” The price per unit for other than “Specific Projects” arrived at (mutually estimated) by the Contractor and the Authorized User on the Quick Quote Worksheet/Price Calculation Worksheet or the price per unit resultant from the actual average daily production, whichever is less, shall be the price per unit paid to the Contractor. No additional payment shall be due to the Contractor for production rates that are not equal to the rate upon which the Quick Quote/Price Calculation Worksheet was based.

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 9 of 66

1.6 Detailed Specifications – Asphalt Emulsions

All Liquid Bituminous Materials furnished and/or applied, shall be in accordance with Specifications for Bituminous Materials in book entitled New York State Department of Transportation, Standard Specifications, most current version, and all current addenda.

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 10 of 66

LOT 2: CHIP SEAL

2.1 Introduction

Conventional chip seal is a pavement preventive maintenance treatment which consists of single-sized stone embedded in a liquid bituminous material. The liquid bituminous material seals cracks in the existing pavement and the stone provides a high-friction wearing surface.

2.2 Pricing Information

2.2.1 General

Price quoted shall be F.O.B. the Contractor's location per square yard for chip seal. Price quoted for cover sand shall be in place at the project location per square yard for cover sand. Price quoted shall be F.O.B. the Contractor's location per gallon for the liquid bituminous material (used for chip seal and fog sealing). The price bid per square yard for the chip seal and for cover sand shall include the cost of work zone traffic control.

Price quoted for additional flaggers (if required) shall be net per day (to the nearest quarter day) for additional flaggers. Price quoted for optional pickup sweeper(s) (if required) shall be net per day (to the nearest quarter day) for optional pickup sweeper(s) with operator(s). Price quoted for abrading existing pavement markings with work zone traffic control by the Contractor (if required) shall be net per linear foot at 4-inches wide of pavement markings to be abraded. This price shall include all costs for pavement marking abrading including all labor, materials, and equipment necessary to abrade the pavement markings and to properly control traffic.

The Contractor is to furnish all necessary labor and equipment to complete the work under this contract including work zone traffic control. Permanent pavement striping will be the responsibility of the Authorized User upon completion of the chip seal after the Contractor has vacated the project site.

Price quoted for Mobilization from Contractor’s Location to Project Location and to Heat, Haul and Apply Bituminous Material with Contractor’s Equipment:

Price quoted for mobilization from Contractor's location to project location shall be net per square yard of accepted chip seal in place performed at the locations indicated by the State’s Resident Engineer or Authorized User Representative. Price quoted for heating, hauling, and applying bituminous material from Contractor's location to project location shall be net per gallon of bituminous material incorporated in the completed chip seal in place.

2.2.2 Insurance

Please refer to Section 6.19 - Insurance of the Invitation for Bids for information about insurance.

2.3 Asphalt Price Adjustments – Chip Seal

2.3.1 General

a. Asphalt price adjustments allowed will be based on the November 1, 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).

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

The November 1, 2025 average is $638.000

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

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

b. The new average F.O.B. terminal price will be determined based on the above F.O.B. terminal prices posted each month 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.

GROUP 31555 – COMPREHENSIVE LIQUID BITUMINOUS MATERIALS Page 11 of 66

LOT 2: CHIP SEAL (Cont’d)

c. The unit prices of bituminous materials purchased from any award based on this specification will be subject to adjustment based on the following formula:

Price Adjustment (per gallon)

New Monthly Average

FOB Terminal Price - Base Average Terminal Price

X

Total Allowable

Petroleum % 235

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

Negative Price Adjustment number shall be subtracted from original per 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 November 1, 2025.

Total Allowable Petroleum The percentage of total allowable petroleum for each item is as follows:

Material Designation

Grade Asphalt % Petroleum Allowance %

Total Allowable Petroleum %

702-0700 18-60 100.0 0.2 100.2%

702-3001 RS-1 55.0 1.7 56.7%

702-3002 RS-1h 55.0 1.7 56.7%

702-3101 RS-2 63.0 2.7 65.7%

702-3102 HFRS-2 63.0 2.7 65.7%

702-3201 MS-2 65.0 8.2 73.2%

702-3301 HFMS-2 65.0 8.2 73.2%

702-3401 HFMS-2h 65.0 2.7 67.7% 702-3402 HFMS-2s 65.0 8.2 73.2%

702-3501 SS-1 57.0 0.2 57.2%

702-3601 SS-1h 57.0 0.2 57.2% 702-3101P RS-2p 63.0 2.7 65.7% 702-3102P HFRS-2p 63.0 2.7 65.7% 702-3301P HFMS-2p 65.0 8.2 73.2%

702-4001 CRS-1 60.0 2.7 62.7%

702-4002 CRS-1h 60.0 2.7 62.7%

702-4101 CRS-2 65.0 2.7 67.7%

702-4201 CMS-2 65.0 10.2 75.2%

702-4301 CMS-2h 65.0 10.2 75.2%

702-4401 CSS-1 57.0 0.2 57.2%

702-4501 CSS-1h 57.0 0.2 57.2% 702-4601 CQS-1h 62.0 0.2 62.2% 702-4001P CRS-1p 60.0 2.7 62.7% 702-4101P CRS-2p 65.0 2.7 67.7% 702-4601P CQS-1p 62.0 0.2 62.2%

407.0102 Diluted Tack Coat 40.0 0.2 40.2%

Note: For Material Designation 407.0103 Straight Tack Coat, use Total Allowable Petroleum % for appropriate emulsion grade.

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Asphalt Price Adjustments will not be allowed for materials which do not have an asphalt cement base.

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 $0.010 per gallon from the original price. In these instances, prices will revert back to the original prices.

f. All Asphalt Price Adjustments will be computed to three decimal places.

g. Should these provisions result in a price structure which becomes unworkable, detrimental or injurious to the

State or in prices which are not truly reflective of market conditions or which are deemed by the Commissioner to be unreasonable or excessive, and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon ten days written notice mailed to the Contractor to terminate any contract resulting from this bid opening.

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

2.3.2 Asphalt Price Adjustment – Chip Seal: Example

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

Material Designation 702-3101P Base Average Price = $638.000 New Average Price = $648.000 % Total Allowable Petroleum = 65.7%

Price Adjustment (per gallon)

(648.000 - 638.000)

X 0.657

(per gallon)

= +$0.028 per gallon

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

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

2.4 Payment

Payment for chip seal in place shall be made at the contract price per unit bid for the actual number of square yards of chip seal in place including work zone traffic control, the actual number of square yards of cover sand in place (if used) at the project location including work zone traffic control, the actual number of gallons of asphalt emulsion for the chip seal and the fog seal (if used) at 60°F verified by the Authorized User and used in the accepted portion of the work. Payment for additional flaggers (if required) will be made based on the number of days (computed to the nearest quarter day) that additional flaggers are utilized as directed by the Engineer or the Authorized User Representative. Payment for optional pickup sweepers (if required) will be made based on the number of days (computed to the nearest quarter day) that optional pickup sweepers are utilized as directed by the Engineer or the Authorized User Representative. Payment for abrading existing pavement markings with work zone traffic control by Contractor (if required) will be made based on the number of linear feet at 4-inches wide of pavement markings actually abraded as directed by the Engineer or the Authorized User Representative. The determination as to quantities involved in any contract shall be accepted as final and binding upon the Contractor.

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A delivery slip stating quantities of liquid bituminous material shall accompany each shipment. An invoice listing the quantities of chip seal and cover sand in place (if used) and liquid bituminous material used for the chip seal and the fog seal (if used) shall be sent promptly by the Contractor to the State’s Resident Engineer or to the Authorized User Representative placing the order. Measurement shall be based on the volume of the liquid bituminous material at a temperature of 60°F.

The temperature/volume correction to obtain the correct volume at 60°F shall be 0.00025 per degree F for all asphalt emulsions.

2.5 Payment for Mobilization from Contractor’s Location to Project Location and to Heat, Haul, and Apply Bituminous Material with Contractor’s Equipment Payment for mobilization from Contractor's location to project location shall be made based on the actual number of accepted square yards of chip seal in place at the locations indicated by the State’s Resident Engineer or Authorized User Representative at the contract price for mobilization from Contractor’s location to project location per square yard of chip seal for the appropriate distance and quantity range.

Payment for heating, hauling, and applying bituminous material from Contractor's location to project location shall be made for the actual number of gallons of asphalt emulsion at 60°F at the appropriate price bid for the actual distance to the project verified by the Authorized User and used in the accepted portion of the work.

2.6 Pre-Chip Seal Meeting

The Contractor shall schedule a Pre-Chip Seal Meeting with the Authorized User at least two weeks prior to the start of work under this contract. Project Level supervisors for both the Authorized User and the Contractor will be present at this meeting.

At this meeting the Contractor shall present their proposed chip seal schedule, mix design, numbers and type of equipment, and chip seal procedure and Work Zone Traffic Control Plan to the Authorized User for approval. The mix design must clearly show the quantity in gallons per square yard of fog seal (if used), the quantity in pounds per square yard of cover sand (if used), the quantity in gallons and the type of liquid bituminous material per square yard, the quantity in pounds per square yard of aggregate, percent of polymer used to modify the asphalt emulsion, and the design curing time. All the component materials used in the mix design shall be representative of the materials proposed by the Contractor to be used on the project.

Adjustments may be required during construction based on field conditions and with the approval of the Authorized User.

The Contractor shall also furnish the Authorized User copies of the calibrations of the liquid bituminous material distributor and the aggregate spreader at this time. The Contractor shall indicate the aggregate source. At least one week prior to the start of work under this contract, the Contractor shall coordinate the details of the chip seal with the Authorized User Representative.

2.7 Supervision

The Contractor is solely responsible for the control and application of materials and other related operations. The Authorized User shall designate a chip seal supervisor who will monitor the Contractor’s operations. All orders pertaining to work zone traffic control from the chip seal supervisor to the Contractor shall be binding on the Contractor. The following portions of Section 105 - CONTROL OF WORK of the Standard Specifications shall apply to these projects: 105-01 ENGINEER’S AUTHORITY, 105-05 CONTRACTOR RESPONSIBILITY, 105-06 COOPERATION WITH UTILITIES AND OTHER

CONTRACTORS.

2.8 Work Hours

Work will not be permitted on Sundays and Holidays. If the Contractor desires to work overtime on other days, dispensation from the NYS Labor Department must be obtained using Department of Labor Form PW-30.

2.9 Construction Details

The construction details shall comply with the requirements specified in the enclosed Attachment 11 - Detailed Specifications

– Liquid Bituminous Materials. The Contractor shall inform the chip seal Supervisor of significant deviations from the specifications.

2.10 Restoration of Disturbed Areas

During the course of the work the Contractor shall take reasonable care not to disturb areas outside the existing pavement.

Any areas disturbed by the Contractor shall be returned to their original condition at no expense to the owner. Any and all debris generated as part of the work shall be removed by the Contractor upon completion of the project.

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2.11 Damaged or Deficient Areas

Prior to acceptance and payment for the chip seal by the Authorized User, any chip seal that ravels, delaminates, fails to properly cure, or is in any way defective shall be redone to the satisfaction of the State's or Authorized User Representative at the Contractor's expense. “After acceptance, the terms and conditions of the section of this IFB, Attachment 11 - Detailed Specifications – Liquid Bituminous Materials -CHIP SEAL, BONDING REQUIREMENTS, Section A, Item.1, Maintenance Material Bond shall control when the Contractor shall repair all defective chip seal.”

2.12 Damage Claims

Sub-Section 107-09, Damage, of the Standard Specifications shall apply to this contract except as modified herein. The Contractor’s responsibility for damage includes, but is not limited to, all claims of damages to vehicles and/or injuries to bicyclists or pedestrians traveling on the highway right of way of roads surface treated under this contract caused by loose stone and/or excess bituminous material until final acceptance by the Authorized User. Final acceptance of the chip seal project shall not occur until 72 hours after the completion of the chip seal project. The Contractor shall supply the Authorized User Representative with a name and address where damage and/or injury claims should be sent.

2.13 Work Zone Traffic Control

The Contractor shall be responsible for work zone traffic control. Traffic shall be controlled in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and Sections 619-1 through 619-3 of the Standard Specifications including modifications to the Standard Specifications. The Contractor shall submit a Work Zone Traffic Control Plan for approval to the Resident Engineer at the Pre-Chip Seal Meeting. For two-way roadways, NYSDOT 619 Standard Sheets 619-307, 619- 308, 619-309, 619-312 and 619-314 may be used as a basis for development of a Work Zone Traffic Control Plan. For one-way roadways, NYSDOT 619 Standard Sheets 619-302, 619-303, and 619-313 may be used as a basis for development of a Work Zone Traffic Control Plan. For one-way Freeways or Expressways, NYSDOT 619 Standard Sheets 619-301, 619-302, 619-304, and 619-305 may be used as a basis for development of a Work Zone Traffic Control Plan. A link to NYSDOT 619 Standard Sheets can be found on Attachment 14 – NYSDOT Work Zone Traffic Control included within this Invitation for Bids.

All necessary flaggers for traffic control shall be provided by the Contractor. A minimum of three flaggers shall be provided while the chip seal operation is underway. One shall be stationed at each end of the operation, and one shall be stationed with the aggregate spreader. The Contractor shall station flaggers such that communication is maintained between the flaggers. Hand signals, radios, pilot vehicles, or some other means of communication may be used subject to the approval of the Authorized User. The requirements for Pilot Vehicles and details about traffic opening are listed in the NYSDOT Standard Specifications under CONSTRUCTION DETAILS, 410-3.02 Chip Seal, D. Opening to Traffic. The Contractor shall provide construction signs as specified in Section 619-1 through 619-3 of the Standard Specifications and in the

MUTCD.

Major intersecting roads are defined as State, County, Town, Village, or City roads. The Contractor may provide portable signs as shown in Figure 6F-2 of the MUTCD and meeting the requirements of Section 619 of the Standard Specifications for lane closures during work hours.

With prior permission of the State's Resident Engineer or Authorized User Representative, the Contractor may provide portable signs as shown in Figure 6F-2 of the MUTCD for the above referenced DO NOT PASS and NO CENTER LINE signs. Signs left active at night shall be rigid and reflectorized in accordance with the Standard Specifications. The Contractor shall be responsible for assuring that these signs will be in their upright, visible positions twenty-four hours a day, seven days a week while 2’x 4’temporary yellow markings are used instead of full barrier pavement markings.

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At a minimum, the Contractor shall install the following permanent construction signs supplemented by temporary signs as needed:

Sign Minimum Size Location

ROAD WORK

NEXT _____ MILES

G20-1 36” x 18” On main line upstream of project in each direction.

END ROAD WORK G20-2

36” x 18” On main line after end of project in each direction.

ROAD WORK AHEAD W20-1

36” x 36”

On main line in advance of the affected highway segment in each direction and on major intersecting roads 300 -500 feet in advance of main line. Sign should be covered if it conflicts with temporary signing in the vicinity.

(Place between the G20-1 and the first warning sign that states condition-i.e. W8-12, W8-9 or W8-15).

DO NOT PASS R4-1G

24” x 30”

If 2’x 4” temporary yellow markings are used instead of full barrier centerline pavement markings, place the first sign at or within 100-feet of the beginning of the unmarked area, second within 1,000-feet and subsequent signs, spaced every ½ mile along project in each direction.

NO CENTER LINE W8-12

36” x 36”

If 2’x 4” temporary yellow markings are used instead of full barrier centerline pavement markings, place the first sign in advance of the condition and the first “DO NOT PASS” sign: 300’ urban is preferred (100’ minimum), 500’ rural is preferred (200’ minimum). Place additional signs spaced every 2 miles on mainline in each direction and after every major intersecting road.

LOW SHOULDER W8-9

36” x 36”

Place on mainline spaced every 2 miles along project in each direction and after each intersecting road until shoulder back-up is installed (if conditions warrant use, place between W8-12 and R4-1, maintaining a minimum of 200’ between signs for rural roads and 100’ on urban. The W8-12 can be moved upstream to accommodate the required spacing).

LOOSE GRAVEL W8-7

36” x 36”

Place on mainline at start of the project and spaced every ½ mile along project in each direction.

30 MPH W13-1P

18” x 18” Mounted on W8-7 LOOSE GRAVEL sign.

PILOT VEHICLE

FOLLOW ME

G20-4 36” x 18 On back of pilot vehicles.

**All signs should maintain an absolute minimum spacing of 200’ rural or 100’ urban. 500’ is preferred on rural and 300’ is preferred on urban. Double stacking of any of the above signs (or combination thereof) will NOT be permitted.

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2.13.1 Special Note - Temporary Pavement Markings

The Contractor shall install and maintain temporary pavement markings on any paved surface without permanent pavement markings before opening it to traffic, before nightfall or before the end of the workday, whichever comes soonest except for areas that are open during the work shift with channelizing devices or flaggers. Temporary pavement markings shall meet the requirements of Section 619 of the Standard Specifications except that two-lane, two-way highways may be left without full barrier centerlines in no passing zones for a maximum of 7 calendar days provided that NO CENTER LINE (W8-12, black on orange), NO PASSING ZONE (W14-3, black on orange pennant shaped sign), and DO NOT PASS (R4-1) signs are used consistent with the MUTCD and in conjunction with yellow 2-foot by 4-inch temporary markings consisting of retro-reflective removable pavement marking tape, paint or yellow temporary overlay markers installed on a 40 ft. cycle to delineate the centerline location.

The Authorized User is responsible for the final pavement markings unless otherwise indicated in the contract. If the Contractor chooses to install NO CENTER LINE and DO NOT PASS signs and temporary yellow 2-foot by 4-inch pavement markings in lieu of full barrier centerline markings, the signs shall be left in place until the Authorized User has completed installing the final pavement markings. The Authorized User will normally complete final pavement markings within 7 days of the project completion. However, if unavoidable situations delay the pavement marking installation the signs shall remain in place for 14 calendar days after the project has been completed or until the Authorized User has completed installing the final pavement markings, whichever comes first. If permanent pavement marking cannot be installed within 14 days of the project completion, the Authorized User must install interim pavement marking including center lines, edge lines, stop bars, and simple crosswalks with no hatching before the end of 14 days after project completion.

All costs for Work Zone Traffic Control including flagging, temporary pavement markings, pilot vehicle, delineation, and construction signs are to be included in the prices bid per square yard of chip seal and cover sand (if required). No separate payment shall be made.

The work zone traffic control provisions in this section shall apply for any work performed pursuant to the Maintenance Material Bond.

2.13.2 Additional Flaggers for Work Zone Traffic Control

If the Engineer or Authorized User Representative determines that more than three flaggers are necessary to properly control traffic on two-way roadways or more than two flaggers are necessary to properly control traffic on one-way roadways, the Contractor shall provide additional flaggers under the Additional Flaggers item. The price bid per flagger per day shall include all costs of providing a flagger where directed by the Engineer or Authorized User Representative with all the necessary safety equipment, i.e. stop/slow paddle, flag, vest, hardhat, etc. Payment shall be by the day for each flagger provided. A day shall be determined as including the time period between the commencement and completion of work on any calendar day. No extra payment shall be provided if the Contractor elects to work a longer day than the standard eight-hour workday. Payment shall be made to the nearest quarter day as determined by the Engineer or Authorized User Representative.

2.13.3 Abrading Existing Pavement Markings with Work Zone Traffic Control by the Contractor The Contractor shall remove any epoxy, thermoplastic, preformed tape or high built waterborne pavement markings.

Other markings shall be removed as ordered by the Engineer or the Authorized User Representative. The method of abrading may include sand blasting, water blasting, grinding, or other methods approved by the Engineer or Authorized User Representative. Care shall be taken to avoid damage to passing traffic. All damage to passing traffic caused by the Contractor's operations shall be the Contractor's responsibility. Waste materials generated by the abrading operation shall be cleaned up and disposed of by the Contractor. The Contractor shall place interim pavement markings as specified elsewhere in this Invitation for Bids under work zone traffic control; unless the chip seal will be placed the same day as pavement markings are abraded. The Contractor shall make every effort to expeditiously place the paving material in areas where pavement markings have been abraded, and temporary pavement markings are in place. Under no circumstances will temporary pavement markings be allowed for more than five calendar days in areas where pavement markings have been abraded. In this event, the Contractor shall be required to place full pavement markings at no cost to the Authorized User. During the pavement markings abrading operation, traffic will be controlled by the Contractor in accordance with the Work Zone Traffic Control requirements included herein. The Contractor shall submit a proposed Work Zone Traffic Control Plan to the Engineer or Authorized User Representative for approval. The plan may be based on the Work Zone Traffic Control included in this Invitation for Bids see Attachment 14 – NYSDOT Work Zone Traffic Control.

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Payment will be made by the linear foot of pavement marking 4-inches wide. Payment for pavement markings wider than 4-inches or for pavement marking symbols will be made by the following method:

Width of marking (inches) x Linear Feet 4-inches

The price bid for pavement marking abrading shall include all labor, materials, and equipment required to abrade the existing pavement markings and to properly control traffic to the satisfaction of the Engineer or Authorized User Representative.

2.13.4 Special Note: Work Zone Intrusion Initiative

As part of the NYS Department of Transportation’s Work Zone Intrusion Initiative, the following countermeasures shall apply to this Invitation for Bids.

Channelizing Device Spacing Reduction

A maximum channelizing device spacing of 40-feet shall be provided at stationary work sites where workers are exposed to traffic. This spacing shall be maintained at a reasonable distance upstream of workers and shall be used throughout the work zone.

Where tapers are located less than 500-feet from the work site, the 40-foot spacing shall be used in the taper as well.

Drums or vertical panels are preferred for long-term stationary and intermediate-term stationary work zones, and at any locations where the risk of intrusion is high. Traffic cones are normally adequate for work zones set up and removed on a daily basis.

In long lane or shoulder closures, at least two channelizing devices shall be placed transversely at maximum 800 ft.

intervals to discourage traffic from driving through the closed lane. Transversely placed devices are not required where pilot cars are in use.

Frequent checks shall be made to reset channelizing devices dislodged by traffic.

Flagger Station Enhanced Setups

Additional cones and a flag tree meeting section 6F.62 of the MUTCD shall be used upstream of flagger stations to provide added warning to drivers. These devices shall be used for flagger stations except those that are constantly moving or are in use at one location for no more than a few minutes. If the W20-7a Flagger sign is required, the additional cones and flag tree shall also be used.

For additional details on Flagger Station Enhanced Setups, see Attachment 14 – NYSDOT Work Zone Traffic Control included in this Invitation for Bids.

2.14 Detailed Specifications – Chip Seal

Please, see Attachment 11 - Detailed Specifications – Liquid Bituminous Materials.

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LOT 3: COLD RECYCLING

3.1 Introduction

Cold Recycling of bituminous concrete pavements is a corrective maintenance technique. The existing pavement is milled off for a depth of 3 to 4 inches, a liquid bituminous material is added to the millings, and the resulting mixture is placed and compacted on the milled surface. A new bituminous concrete sealing layer is added later. Existing cracks are eliminated, and the resulting pavement should last for many years.

3.2 Pricing Information

3.2.1 General

Price quoted shall be to three (3) decimal places. Price quoted shall be F.O.B. the Contractor’s location per square yard for the Cold Recycling (In-Place and/or Central Plant), at the project site for the additional cost for small and/or short projects and for the shoulder milling, F.O.B. the Contractor’s location per gallon for the liquid bituminous material for cold recycling and for fog sealing (if required) delivered to the location specified by the Authorized User per ton for the aggregate, and per ton for Portland cement (if required).

Cold Recycling shall be performed in accordance with NYSDOT’s Standard Specifications and as per the attached specification for Cold Recycling. Shoulder milling shall be performed as per these specifications. Cleaning and preparing the existing pavement will be the responsibility of the Authorized User. Erecting warning signs and directing traffic will be the responsibility of the Authorized User or the Contractor using the optional work zone traffic control section at the discretion of the Authorized User.

Price quoted for Optional Work Zone Traffic Control shall be per square yard.

Price quoted for additional flaggers (if required) shall be net per day (to the nearest quarter day) for additional flaggers.

Price quoted for rumble strips (if required) shall be net per each linear foot of rumble strips both installed and removed (i.e., one price includes both installation and removal of rumble strips) at the project locations.

Price quoted for mobilization from Contractor’s location to project location shall be per square yard

Price quoted for heating, hauling, and applying the asphalt emulsion or PG Binder used in cold recycling and asphalt emulsion used in fog sealing (if required) from Contractor’s location to project location shall be net per gallon of asphalt emulsion or PG Binder used in cold recycling and fog sealing.

Price additional for small projects or projects recycled in short lengths: Price for small projects (less than 20,000 square yards) or projects where 50% of the total area must be recycled in lengths less than 1,500-feet shall be the price bid for 20,000 square yards to 50,000 square yards for the appropriate depth. An additional price for small projects or projects where 50% of the total area must be recycled in lengths less than 1,500-feet shall be quoted and added to this price.

3.2.2 Insurance

Please refer to Section 6.19 - Insurance of the Invitation for Bids for information about insurance.

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LOT 3: COLD RECYCLING (Cont’d)

3.3 Asphalt Price Adjustments – Cold Recycling

3.3.1 General

a. Asphalt price adjustments allowed will be based on the November 1, 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).

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…