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Contract Award Notification

Title : Group 31555 Comprehensive Liquid Bituminous Materials (Statewide) (Asphalt Emulsions, Chip Seal, Cold Recycling, Heater Scarification, Joint & Crack Filler/Sealer, Micro-surfacing and/or Quick Set Slurry Seal, and Paver Placed Surface Treatment – Conventional & Modified) Classification Code(s): 30

Award Number : 23428 (Replaces Award 23334)

Contract Period : April 20, 2026 through March 31, 2028

Bid Opening Date : December 17, 2025

Date of Issue : April 21, 2026 (Revised 07/30/2026)

Specification Reference : SPEC-947 date of issue November 14, 2023

Contractor Information : Appears starting on Page 3 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

Liquid Bituminous Materials are divided in several groups: Asphalt Emulsions, Joint & Crack Filler/Sealer and several pavement preventive/corrective maintenance treatments including Chip Seal, Cold Recycling, Heater Scarification, Microsurfacing and/or Quick Set Slurry Seal and Paver Placed Surface Treatment.

This Award has a total of 0% participation goal requirements for MWBE and SDVOB.

PR # 23428

https://ogs.ny.gov/award-23428

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 2 (Statewide)

23428ra1 (July 30, 2026)

Table of Contents Table of Contents

SECTION 1: CONTRACTOR INFORMATION

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: HOW TO USE THE CONTRACT

2.1 Procurement Instructions for Authorized Users

2.2 Quick Quote Process

2.3 Price Adjustments

2.4 Insurance

2.5 Prevailing Wage Rates – Public Works and Building Services Contracts

2.6 Non-State Agencies Participation in Centralized Contracts

2.7 Frequently Asked Questions (FAQs)

SECTION 3: PRICE PAGES and SPECIFICATIONS

3.1 Price Pages & Quick Quote Forms

3.2 Specifications

SECTION 4: NYSODT REGION MAP

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 Materials

6.4 Best Pricing Offer

6.5 Price Structure

6.6 Ordering

6.7 Purchasing Card Orders

6.8 Minimum Order

6.9 Invoicing and Payment

6.10 Product Delivery

6.11 NYS Financial System (SFS)

6.12 Americans with Disabilities Act (ADA)

6.13 Report of Contract Usage

6.14 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

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 3

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

6.16 Use of Recycled or Remanufactured Materials

6.17 Environmental Sustainability and NYS Executive Order Number 22

6.18 Diesel Emission Reduction Act

6.19 Preferred Source Products

6.20 “OGS or Less” Guidelines

6.21 Extension of Use

6.22 New Accounts

6.23 Drug and Alcohol Use Prohibited

6.24 Traffic Infractions

6.25 Samples

6.26 Contract Documents; Electronic Format

6.27 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 4

SECTION 1: CONTRACTOR INFORMATION

1.1 Contractor Information

Contract # Contractor Name & Address Contract Admin FED ID#/ NYS Vendor ID#

PC70942 All States Construction, Inc. : 04-2216868 d/b/a Gorman Construction Phone #: 518-462-5401 1000011021 1473 Erie Blvd, Suite 301 Contact: Kayla Bessette Schenectady, NY 12305 Email: contractadminNY@asmg.com Website: www.asmg.com Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 518-462-5401 Phone #: 518-369-8121 Contact: Allison Speenburgh Contact: Jason Massey Email: contractadminNY@asmg.com Email: contractadminNY@asmg.com Business Hours: 8:00AM – 4:30PM (Mon-Fri)

PC70943 AnnSeal Inc. 03-0435899 SB 130 Main Street Phone #: 607-797-3737 1000005228 Johnson City, NY 13790 Contact: Kathy Towery Email: ktowery@annseal.com Website: www.annseal.com Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 607-727-0828 Phone #: 607-222-5815 Contact: Michael Motsko Contact: Doug Luke Email: mmotsko@annseal.com Business Hours: 8:00AM – 4:00PM (Mon-Fri)

PC70944 Bothar Construction, LLC. 16-1570429 SB 170 East Service Road Phone #: 607-723-5012 x225 1000008391 Binghamton, NY 13901 Contact: Rory Sisson Email: Rory@botharconst.com Website: www.botharconst.com Contractor does not accept NYS Procurement Card

NYS Contract Orders & Emergency / Weekends/Holidays Phone #: 607-723-5012 x207

Alt Phone # 607-343-5407 Contact: James E. O'Brien, Jr.

Email: JimJr@Botharconst.com Business Hours: 8:00AM – 5:00PM (Mon-Sun)

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 5

NYS Vendor ID#

PC70945 Callanan Industries, Inc. 14-1539261 PO Box 15097 Phone #: 518-374-2222 1000027416 Albany, New York, 12212-5097 Contact: Darlene Casale Email: CallananCapitalBids@callanan.com Website: www.callanan.com Contractor accepts NYS Procurement Card for orders up to $50,000

NYS Contract Orders & Emergency / Weekends/Holidays Phone #: 518-374-2222

Alt Phone # 518-701-8086 Contact: Mike Jeune Email: mjeune@callanan.com Business Hours: 7:00AM – 5:00PM (Mon-Fri)

PC70946 Cobleskill Stone Products, Inc. 14-1646795 P.O. Box 220 Phone #: 518-234-0221 1000006949 Cobleskill, New York, 12043 Contact: Daniel J Kleeschulte Email: dkleeschulte@cobleskillstone.com Website: N/A Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 518-234-0221 Phone #: 518-234-0221 Contact: Shane J Strong Contact: Michael M Moore Email: csp.shane@yahoo.com Email: mmoore@cobleskillstone.com Business Hours: 8:00AM – 5:00PM (Mon-Fri)

PC70947 Crafco, Inc. 86-0324978 6165 West Detroit Street Phone #: 602-276-0406 1000009735 Chandler, Arizona, 85226 Contact: Debby Eddy Email: bids@crafco.com Website: https://www.crafco.com Contractor accepts NYS Procurement Card for orders up to $50,000

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 610-264-7541 Phone #: 518-937-6956 Contact: David Adams Contact: Anthony Simone Email: david.adams@crafco.com Email: anthony.simone@crafco.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 6

NYS Vendor ID#

PC70948 Fibrecrete Preservation Technologies, Inc 81-2876617 DBA FPT Infrastructure Phone #: 330-705-3417 1100250170 401 Old US 52 South Contact: Marcy Ream Mount Airy, NC, 27030 Email: marcy.ream@fptinfrastructure.com Website: www.fptinfrastructure.com Contractor accepts NYS Procurement Card for orders up to $50,000

NYS Contract Orders / Emergency / Weekends / Holidays Phone #: 484-637-3518 Contact: Rich Bagenstose Email: rich.bagenstose@fptinfrastructure.com

Contract # Contractor Name & Address Contract Admin & NYS Orders FED ID#/

PC70949 Highway Rehabilitation Corp Phone #: 845-206-5777 22-2355196 SB 592 Route 22, Suite GB Alt Phone #: 845-278-9645 1000057419 Pawling, New York, 12564 Contact: Christine Magee Email: chris@highwayrehab.com Website: www.highwayrehab.com Contractor does not accept NYS Procurement Card

Contractor offers prompt payment discount of 2%/10 days

Emergency / Weekends/Holidays Phone #: 845-721-6008 Contact: Terence Lucey Email: terry@highwayrehab.com Business Hours: 8:30AM – 5:30PM (Mon-Fri)

Contract # Contractor Name & Address FED ID#/

PC70950 Julieann Shove Inc 20-5160209 SB DBA Champion Asphalt Maintenance 1000044369 5724 Eddy Ridge Road Williamson, New York, 14589

Contractor accepts NYS Procurement Card for orders between $25,000 - $50,000

Contract Admin / NYS Contract Orders / Emergency / Weekends / Holidays Phone #: 315-589-7953 Contact: Deborah Shove

Email: championasphalt7953@yahoo.com

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NYS Vendor ID#

PC70951 Maxwell Products Inc. 87-0319315 650 S. Delong St. Phone #: 801-433-4347 1100150193 Salt Lake City, Utah, 84104 Contact: Nicole Maxwell Email: nicole@maxwellproducts.com Website: www.maxwellproducts.com Contractor does not accept NYS Procurement Card

NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 508-865-5777 Contact: Tom Perry Email: tperry@maxwellproducts.com

PC70952 Midland Asphalt Materials Inc. 26-0038619 640 Young Street 1000017447 Tonawanda, New York, 14150

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

Contract Admin / NYS Contract Orders Emergency / Weekends/Holidays Phone #: 716-692-0730 x4514 Contact: Joshua Hopf Email: joshua.hopf@midlandasphalt.com

PC70953 New England Asphalt Services II, LLC 47-3176625 508 Forrest Rd Phone #: 203-208-1378 1100196756 Northford, Connecticut, 06472 Contact: Nancy Swiantek Email: nancy@newenglandasphalt.com Website: www.newenglandasphalt.com Contractor does not accept NYS Procurement Card

NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 845-522-2839 Contact: Shawn Thom Email: shawn@newenglandasphalt.com

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NYS Vendor ID#

PC70954 Noel J. Brunell & Son, Inc. 14-1456087 SB 7441 U.S. Route 9 1000051434 Plattsburgh, New York, 12901

Contractor does not accept NYS Procurement Card

Contract Admin / NYS Contract Orders & Emergency / Weekends/Holidays Phone #: 518-561-1290

Alt Phone #: 518-788-6853 Contact: Emilie Simoneau Email: emilie@brunellasphalt.com

PC70955 P&T Products, LLC. 34-1601352 472 Industrial Pkwy Phone #: 419-621-1966 1100308056 Sandusky, Ohio, 44870 Contact: Jarred Limberios Email: jarrredl@pntproducts.com Website: www.pntproducts.com Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 419-621-1966 Phone #: 423-320-9714 Contact: MaryLouise Paskanik Contact: Jarred Limberios Email: marylouisep@pntproducts.com Email: jarredl@pntproducts.com

PC70956 Peckham Materials Corp. 14-1470013 763 Schoharie Turnpike 1000006732 Athens, New York, 12015

Website: www.peckham.com Contractor does not accept NYS Procurement Card

Contract Admin / NYS Contract Orders Emergency / Weekends/Holidays Phone #: 518-945-1120 Phone #: 518-222-6681 Contact: Jeri Camputaro Contact: Scott Pooters Email: jcamp@peckham.com Email: spoot@peckham.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 9

NYS Vendor ID#

PC70957 Peckham Road Corp. 13-3493213 438 Vaughn Road Phone #: 518-792-3157 1000006385 Hudson Falls, New York, 12839 Contact: Dominique Bisignano Email: dbisi@peckham.com Contractor does not accept NYS Procurement Card

NYS Contract Orders & Emergency / Weekends/Holidays Phone #: 518-792-3157

Alt Phone #: 315-289-2868 Contact: Caleb Edelstein Email: cedel@peckham.com

PC70958 Sealcoat U.S.A. Inc. 30-0309733 SB 79 Pembrook Dr 1100003000 Yonkers, New York, 10710 Website: www.sealcoatusa.com Contractor does not accept NYS Procurement Card

Contract Admin / NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 914-439-3186 Contact: Ryan Landeck Email: ryan.landeck@gmail.com Business Hours: 24/7

PC70959 Sealworks Inc. 84-4013212 SB DBA SealMaster Phone #: 716-891-4197 1100249509 555 Ludwig Ave. Contact: Conrad Kloc Buffalo, New York, 14227 Email: conrad@sealmasternwy.com

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

NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 716-342-6171 Contact: John Quinn

Email: john@sealmasterwny.com

Business Hours: 7:00AM – 3:30PM (Mon-Fri) 8:00AM – 1:00PM (Sat-Sun)

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 10

NYS Vendor ID#

PC70960 Suit-Kote Corporation 16-1177189 1911 Lorings Crossing Rd 1000007846 Cortland, New York, 13045

Website: www.suit-kote.com Contractor does not accept NYS Procurement Card

Contract Admin / NYS Contract Orders Emergency / Weekends/Holidays Phone #: 315-238-7053 x351 Phone #: 607-591-9234 Contact: Brian Pepper Contact: Joe Perrone Email: bpepper@suit-kote.com Email: jperrone@suit-kote.com Business Hours: 7:30AM – 4:30PM (Mon-Fri)

PC70961 Thos. H. Gannon & Sons, Inc. 11-2280296 951 Reading Ave. 1000043171 Hammonton, New Jersey, 08037

Website: www.asphaltpavingsystems.com

Contractor does not accept NYS Procurement Card

Contract Admin / NYS Contract Orders Emergency / Weekends/Holidays Phone #: 609-561-4161 x221 Contact: Walter Percy III Email: wpercyiii@asphaltpavingsystems.com Business Hours: 7:00AM – 5:00PM (Mon-Fri)

PC70962 Vestal Asphalt Inc. 16-1201418 SB 201 Stage Road Phone #: 607-785-3393 1000007868 Vestal, New York, 13850 Contact: Bernadette Bromely Email: contracts@vestalasphalt.com Website: www.vestalasphalt.com Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 607-341-3383 Phone #: 607-341-2667 Contact: Chris Musser Contact: Jim Unkel Email: dispatch@vestalasphalt.com Email: contracts@vestalasphalt.com Business Hours: 7:00AM – 5:00PM (Mon-Fri)

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.

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1.2 Small, Minority And Women-Owned Businesses:

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

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

1.3 Recycled, Remanufactured And Energy Efficient Products:

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

RS, RP, RA Recycled RM Remanufactured SW Solid Waste Impact EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive

1.4 Note To Authorized Users:

When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document.

The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny.

The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible.

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

• a statement of need and associated requirements,

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

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

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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 $30,000,000 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.

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.

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

These requirements apply to a State Agencies, political subdivisions and public benefit corporations (including most public authorities).

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

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

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 14

SECTION 2: HOW TO USE THE CONTRACT

2.1 Procurement Instructions for Authorized Users

The following procurement instructions for Authorized Users shall be published on the OGS website for the resultant Contract Award as a stand-alone document separate from the Contract. OGS reserves the right to change the instructions in the stand-alone document, once published, in non-material and substantive ways without seeking a Contract amendment.

A. A document showing all the Contractor’s prices will be posted on the OGS website so that Authorized Users can find Contract pricing information, Contractor contact information, prompt payment discounts and NYS Purchasing Card information.

B. When utilizing the Contract(s), the Authorized User should be familiar with and follow the terms and conditions governing its use. The Authorized User is responsible for compliance with the requirements of public procurement processes. The Authorized User, when purchasing from OGS Contracts, should also hold the Contractor accountable for compliance with 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 which should include:

• A statement of need and associated requirements;

• Obtaining all necessary prior approvals;

• A summary of the Contract alternatives considered for the purchase, if any; and

• The reasons supporting the resulting purchase (e.g., show that 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).

C. All State agencies, political subdivisions, and public benefit corporations (which include most public authorities) having their own purchasing agency are required to purchase approved products and services from Preferred Sources in accordance with § 162 and § 163 of the New York State Finance Law. Before proceeding with their purchase, such Authorized Users shall check the list of Preferred Source Program offerings for Products that meet the form, function, and utility required.

These Authorized Users are reminded that they must comply with State Finance Law § 162, which requires that they afford first priority to the commodities and services of Preferred Source suppliers, which include the Division of Correctional Industries (Corcraft), the NYS Preferred Source Program for People who are Blind (NYSPSP), and NYS Industries for the Disabled (NYSID), when such commodities or services meet the form, function, and utility of the Authorized User, and the price offered by Corcraft does not exceed a reasonable fair market price, and the price offered by NYSPSP and NYSID is within 15% of prevailing market prices.

If a Preferred Source offering does not meet an Authorized User’s form, function, and utility, or the Preferred Source price is more than fair market price or more than 15% above prevailing market prices, then the Authorized User may use this Contract.

D. The Contracts resulting from this Solicitation will be Centralized Contracts issued under a multiple award structure. Pursuant to State Finance Law § 163(10)(c), at the time of purchase, Authorized Users must base their selection among multiple Contracts upon which is the most practical and economical alternative that is in the best interests of the State. Authorized Users are required to obtain three (3) quotes when multiple Contractors offer Products that are identical to the Product being sought (e.g., multiple Contractors offer a Product that has an identical manufacturer’s model code).

Authorized Users are also encouraged to seek better than Contract pricing for all items, especially when purchasing in volume, as Contractors may not automatically offer volume discounts. See also Section 2.2 Quick Quote.

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E. 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 Section 2.5 Prevailing Wage Rates

– Public Works and Building Services Contracts, and Appendix B Prevailing Wage Rates – Public Works and Building Services Contracts). Such work shall be identified by the Authorized User within the request of quotes.

The Prevailing Wage Rates schedules and updates covering work under Article 8 Public Construction or Article 9 Building Service Contracts can be accessed at the NYS Department of Labor (DOL) website at https://dol.ny.gov/prevailing-wage-schedules.

IMPORTANT NOTE: When obtaining services from the Contracts under this Award, Authorized Users MUST obtain a separate Prevailing Wage Case Number (PRC#) for each project where prevailing wage rates apply and note it on all Purchase Orders.

Request the PRC# and current Wage Schedule for the applicable NYS County by filling out the online application at https://apps.labor.ny.gov/wpp/showPublicNewProject.do?method=showIt.

Note that if you submit the same request multiple times, it will assign different PRC#s for the same project.

DOL will email a link to the Original Wage Schedule with the assigned PRC#, which provides access to:

• PDF files of the complete Wage Schedule package for each Occupation Title

• Online Notice of Award (PW16) form

• Online Notice of Completion/Cancellation of Contract (PW200) form

F. Prior to requesting quotes, the Authorized User must determine if the quote includes performance of construction-like labor on public work projects covered by Article 8 of the Labor Law. All Contractors 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. A Subcontractor must also be registered as required by Labor Law § 220-i before the Subcontractor commences work on the covered project.

For covered projects, the Authorized User must include a requirement in the request for quotes that the Contractor submit its Certificate of Registration with its Bid materials when responding to the request for quotes. Pursuant to recommendation by NYSDOL, the Authorized User may require the Contractor’s proof of registration, as required by Labor Law § 220-I, as a minimum qualification and that failure to provide proof of registration will disqualify the Contractor from bidding.

G. Authorized Users shall issue Purchase Orders, in accordance with the terms set forth in Appendix B Purchase Orders, directly to the Contractor or the Contractor’s Authorized Reseller (if applicable), and specify any shipping/delivery requirements, including inside delivery and/or installation. Inside delivery and installation terms must be agreed upon at time of order and prior to delivery.

All orders should clearly note the OGS Contract Name and Award Number, Contract Number, and Contractor Name. Authorized users should follow up with Contractor if they do not receive order acknowledgement within five (5) days.

H. Contractor documents which contain additional terms or conditions must receive pre-approval by the Authorized User, in accordance with Appendix B Section 26 – Modification of Contract Terms.

I. Upon Authorized User acceptance of Products itemized on the Purchase Order, Contractor will invoice Authorized User for any portion of Products accepted, and accordingly, Authorized User will arrange for payment. Contractor shall provide itemized invoicing for all Products. See also Section 6.9 Invoicing and Payment.

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2.2 Quick Quote Process

Authorized Users must select the appropriate contractor to perform their particular project by using the Quick Quote worksheet form.

During the course of selecting and awarding one of the contractors listed in this contract, Authorized Users are required to use the Quick Quote process to try to obtain lower prices. Contractors may wish to lower their contract prices for various reasons, i.e., excess supply, slow business, etc. Each Quick Quote situation is unique, and the price is firm for that particular project only. If Bid security is a concern, the Authorized User may require Bids to be sealed and/or opened publicly.

The use of the Quick Quote Worksheet is MANDATORY for all purchases made by any Authorized User through the Contract(s) resulting from this Solicitation, with the only exception being for cases where the material is being picked up by the Authorized User at the plant, in which case the use of the Quick Quote Worksheet is optional (at the Authorized User’s discretion).

The Template Quick Quote Worksheet will be published on the NYS OGS website (on the contract’s landing page) once the contract is awarded.

The Quick Quote Worksheet should be sent to the contractors in its MS Excel format. The contractor at that point should quick quote every single line item that the Authorized User is requesting. If the Price Pages published by OGS show a No Bid or a No Award for one of those Contractor’s line item(s), that Contractor won’t be able to bid the entire Quick Quote.

Under those circumstances, if a Quick Quote is received from such Contractor, the Authorized User should reject it.

Agencies using the Quick Quote are required to award to the lowest responsive Bid meeting the Authorized User’s requirements outlined in the requested quote. There are no negotiations permitted following the “Quick Quote” and prices cannot be changed once offered. If award is made to other than the lowest Bid, the Authorized User must prepare detailed documentation explaining the action taken for the failure to meet requirements. (e.g., the low contractor could not provide the product in the time frame required, contractor did not have needed equipment, etc.). This explanation along with the worksheets must be made a part of the procurement record.

Contractors are not required to lower prices when they receive a Quick Quote Worksheet. They may quote the contract price. However, at no time may a quick quote unit price (without the Price Adjustment) exceed the contract price. Materials cost, hauling expenses, etc., can be lowered by the contractor during the quick quote process.

Since asphalt price adjustments will be charged/credited to all invoices (after the work is finished), the Authorized User and the contractor understand that the Project's Total Cost shown on the Quick Quote Worksheet includes all the needed Price Adjustments for the month indicated on the Quick Quote Worksheet (the month when the Quick Quote Worksheet was sent to the Contractor). If the project (or part of the project) is executed in a different month than the one used to calculate the Quick Quote, then the Project's Total Cost will change accordingly to reflect the Price Adjustments for the Month in which the project (or part of the project) was actually performed.

2.3 Price Adjustments

Price Adjustments will be allowed in accordance with Attachment – General Specifications.

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2.4 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 – Insurance Requirements.

Owners and Contractors Protective Insurance Coverage (“OCP”):

OCP shall be a separate price and shall only be included when specifically called for by an Authorized User. Pricing for OCP is not required at the time of the Bid opening and is not a requirement for Contract award. However, Bidder understands and agrees that by submitting a Bid to this Solicitation, Bidder is required to supply OCP in addition to the other insurance required in Attachment – Insurance Requirements if any Authorized User, in particular the New York State Department of Transportation (NYSDOT), also requires it.

The request for OCP shall be indicated by the Authorized User on the Quick Quote Worksheet. If that is the case, all Quick Quotes submitted by Contractors must state the cost for such coverage as part of the Total Cost per Project, and it will be evaluated accordingly by the Authorized User. The charge for OCP insurance will be used to determine the lowest cost for the project. The OCP insurance required shall be not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. The Quick Quote submitted will only have to show how much the OCP insurance coverage cost will be, the Contractor does not need to provide/buy the actual OCP insurance until Contractor is notified by the Authorized User that Contractor’s Quick Quote has been awarded that Project.

2.5 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 NYS Labor Law § 220-i. Such work shall be identified by the Authorized User within the request for quotes (see Section 2.1 Procurement Instructions for Authorized Users).

The actual bill rates for each Authorized User agreement will be established in response to a particular Authorized User’s request for quotes and 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, rejection of a Contractor’s response to an Authorized User request for quotes, 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.

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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.

2.6 Non-State Agencies Participation in Centralized Contracts New York State political subdivisions and others authorized by New York State law may participate in Centralized Contracts. These include, but are not limited to, local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See Appendix B Participation in Centralized Contracts. For Purchase Orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the Price clause shall be modified to include delivery to locations adjacent to New York State.

Upon request, all eligible non-State agencies must furnish Contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site (https://ogs.ny.gov/procurement/nys-laws-extending-use-state-centralized-contracts). Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to NYS Procurement Services Customer Services at 518- 474-6717.

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2.7 Frequently Asked Questions (FAQs)

• Can an Authorized User buy from any awarded Contractor or choose only from the awarded Contractors listed in a particular NYSDOT Region?

Authorized Users can choose any of the contractors listed in this Contract Award Notification, Section 1.1 – Contractor Information, without restrictions.

• Is an awarded Contractor listed in this Award permitted to charge more than the price shown on the Price Pages?

At no time may a unit price (without the Price Adjustment) for a specific item exceed the unit price shown in the Price Pages. However, the Authorized User should be aware that the unit price does not include the proper Price Adjustment(s) set by the pricing information clause for that treatment. Per the terms of the contract the contractor may include the applicable Price Adjustment as an addition to the unit price.

• Is the Quick Quote Worksheet mandatory when using this contract?

Yes. As shown in Section 2.2 – Quick Quote Process, the use of the Quick Quote Worksheet is MANDATORY for all purchases made by any Authorized User through the Contract(s) resulting from award, with the only exception being for cases where the material is being picked up by the Authorized User at the plant.

In the event that material is picked up by the Authorized User the use of the Quick Quote is optional (at the Authorized User’s discretion)”.

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SECTION 3: PRICE PAGES and SPECIFICATIONS

3.1 Price Pages & Quick Quote Forms

The individual Price Pages and Quick Quotes for each of the Lots included as part of this award (listed below) can be found on the OGS website at:

• Lot 1 – Asphalt Emulsions

• Lot 2 – Chip Seal

• Lot 3 – Cold Recycling

• Lot 4 – Heater Scarification

• Lot 5 – Microsurfacing and/or Quick Set Slurry Seal

• Lot 6 – Paver Placed Surface Treatment (Conventional and Modified)

• Lot 7 – Joint & Crack Filler/Sealer and Mastic Repair Material

3.2 Specifications

• Attachment – General Specifications

• Attachment – Detailed Specifications – Liquid Bituminous Materials

• Attachment – Group Specification #947

• Attachment – New York State Department of Transportation, Standard Specifications, Construction and Materials

• Attachment – NYSDOT Work Zone Traffic Control

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SECTION 4: NYSODT REGION MAP

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SECTION 5: CONTRACT ADMINISTRATION

5.1 Contract Administration

The Contractor 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.

Contractor shall also provide an Emergency Contact in the event of an emergency occurring after business hours or on weekend/NYS Holidays.

Contractor 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 Section 1.1 of this document.

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 up of two (2) years. The Contract term shall commence after all necessary approvals and shall become effective on (i) April 1, 2026, or (ii) upon the date of OSC approval of the final executed contract documents, whichever is later. The Contract term shall end on March 31, 2028.

B. Extensions. At the State’s option, and subject to the approval of OSC, the Contract may be extended for one (1) year, 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 againYork 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 Materials

For Lots 1 through 6 ONLY: All materials provided shall come from a NYSDOT approved location.

For Lots 1 through 7: All materials shall comply with the specifications in the following attachments:

• General Specifications

• Detailed Specifications – Liquid Bituminous Materials

• Group Specifications #947

• NYSDOT Standard Specifications, Construction and Materials

• NYSDOT Work Zone Traffic Control

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6.4 Best Pricing Offer

During the Contract term, if the Commissioner becomes aware that the Contractor is selling substantially the same or a smaller quantity of a Product outside of this Contract upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity, the price under this Contract, after consultation with the Contractor, may be reduced to a lower price on a prospective basis at the discretion of the Commissioner. The Commissioner reserves the right to request information to verify pricing for the purposes of this clause.

6.5 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.

6.6 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).

6.7 Purchasing Card Orders

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

6.8 Minimum Order

Minimum Orders for this Contract shall be in accordance with Sections 1.4 and 7.4, Minimum Orders, in Attachment – General Specifications.

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6.9 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.

6.10 Product Delivery

Delivery of all Contract Products shall be made in accordance with Appendix B Product…