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23434i

Contract Award Notification

Title : Group 31555 Liquid Bituminous Materials (2026 VPP NYSDOT Specific Projects) (Federal & State Funds) Classification Code(s): 30

Award Number : 23434

Contract Period : May 12 through December 31, 2026

Bid Opening Date : March 25, 2026

Date of Issue : May 13, 2026

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

Contractor Information : Appears starting on Page 4 of this Award

Address Inquiries To:

Name : Spencer Koenig Title : Contract Management Specialist Phone : 518-473-9122 E-mail : Spencer.Koenig@ogs.ny.gov

Procurement Services Customer Services

Phone :

E-mail :

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

Description

Bituminous Materials as specified herein for the NYS Department of Transportation.

The Contract is for specific NYSDOT projects ONLY.

The Contract includes various Liquid Bituminous Materials for specific DOT projects.

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

PR # 23434

https://ogs.ny.gov/award-23434

GROUP 31555 – LIQUID BITUMINOUS MATERIALS AWARD 23434

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23434a

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 Scope

1.6 Estimated Quantities

1.7 Definitions

SECTION 2: PRICING

2.1 List of OGS Items and Awardees

2.2 Price

2.3 Asphalt Price Adjustment

2.4 Price Structure

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

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

3.2 NYS Labor Law § 220-i

SECTION 4: NYS MAP – NYSDOT REGIONS

SECTION 5: CONTRACT ADMINISTRATION

5.1 Contract Administration

SECTION 6: TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Short term Extension

6.3 Ordering

6.4 Purchasing Card Orders

6.5 Minimum Order

6.6 Invoicing and Payment

6.7 Product Delivery

6.8 NYS Financial System (SFS)

6.9 N.Y. State Finance Law § 139-l

6.10 Insurance

6.11 Report of Contract Usage

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

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

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

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6.14 Use of Recycled or Remanufactured Materials

6.15 Environmental Sustainability and NYS Executive Order Number 22

6.16 Consumer Products Containing Mercury

6.17 Diesel Emission Reduction Act

6.18 Drug and Alcohol Use Prohibited

6.19 Traffic Infractions

6.20 Contract Documents; Electronic Format

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SECTION 1: CONTRACTOR INFORMATION

1.1 Contractor Information

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

PC70990 All States Construction, Inc Contact: Allison Speenburgh 04-2216868 dba Gorman Construction Phone #: 518-462-5401 Ext 5110 1000011021 1473 Erie Blvd, Suite 301 Title Project Manager Schenectady, NY 12305 Email: contractadmin@asmg.com

Contractor does not accept orders using NYS Procurement Card

Business Hours: 8:00am – 4:30pm (Mon-Fri)

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

PC70991 AnnSeal, Inc. Contact: Mike Motsko 03-0435899 SB 130 Main Street, STE 3 Phone #: 607-727-0828 1000005228 WBE Johnson City, NY 13790 Title: Project Manager Email: mmotsko@annseal.com

Business Hours: 8:00am – 4:00pm (Mon-Fri)

PC70992 Bothar Construction, LLC Contact: James E. O'Brien Jr. 16-1570429 SB 170 East Service Road Phone #: 607-723-5012 Ext.207 1000008391 Binghamton, NY 13901 Title: Member Email: jimjr@botharconstruction.com

Business Hours: 8:00am – 5:00pm (Mon-Sat)

PC70993 Highway Rehabilitation Corp. Contact: Christine Magee 22-2355196 SB 592 Route 22, Suite GB Phone #: 845-278-9645 1000057419 Pawling, NY 12564 Title: Office Manager Email: chris@highwayrehab.com

Contractor does not accept orders using NYS Procurement Card Vendor offers prompt payment discount 2% / 10 days

Business Hours: 8:30am – 5:30pm (Mon-Fri)

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NYS Vendor ID #

PC70994 Midland Asphalt Materials Inc. Contact: Joshua Hopf 26-0038619 640 Young Street Phone #: 716-692-0730 EXT. 4514 1000017447 Tonawanda, NY 14150 Title: Estimator Email: joshua.hopf@midlandasphalt.com

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

Business Hours: 8:00am – 4:30pm (Mon-Fri)

PC70995 Peckham Road Corp Contact: Caleb Edelstein 13-3493213 438 Vaughn Road Phone #: 518-792-3157 1000006385 Hudson Falls, NY 12839 Title: Senior Estimator Email: prc@peckham.com

Business Hours: 7:00am – 4:00pm (Mon-Fri)

PC70996 Suit-Kote Corporation Contact: Brian Pepper 16-1177189 1911 Lorings Crossing Rd Phone #: 315-238-7053 ext 351 1000007846 Cortland, NY 13045 Title: Regional Sales Manager Email: bpepper@suit-kote.com

Business Hours: 7:30am – 4:30pm (Mon-Fri)

PC70997 Vestal Asphalt Inc. Contact: Chris Musser 16-1201418 SB 201 Stage Road Phone #: 607-341-3383 1000007868 Vestal, NY 13850 Title: VP Operations Email: dispatch@vestalasphalt.com

Contractor does not accept orders using NYS Procurement Card

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 Scope

Below are descriptions of the various Liquid Bituminous Materials and treatments for the various projects:

Chip Seal pavement preventive maintenance treatments consist 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.

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 (75mm to 100mm), 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.

Heater Scarification is a continuous multi-step process in which the existing hot mix asphalt (“HMA”) pavement surface is recycled using specialized equipment. The HMA pavement surface is heated causing the asphalt to soften. The softened asphalt surface is then immediately scarified and milled to a specified depth. The reclaimed asphalt pavement is then mixed with a recycling agent that rejuvenates the asphalt. The recycled mix is then placed and compacted back onto the roadway. A new bituminous concrete sealing layer is added later. Existing cracks are eliminated, and the resulting pavement should provide a longer life.

Joint and Crack Fillers/Sealers and Mastic Repair Materials are hot-poured liquid bituminous materials (rubberized asphalt; asphalt cement and polyester fibers; asphalt filler) used to fill and/or seal cracks in the surface of highway pavements. Some products incorporate recycled materials with up to 18% recycled content and up to 18% post-consumer content.

Micro-surfacing is a pavement preventive maintenance treatment which offers minor improvements to rideability and has excellent friction characteristics.

Conventional and Rubber Modified Paver Placed Surface Treatment is a preventive maintenance treatment used to preserve highway pavements. The treatment is a surface paving system, placed by a self-priming paver, where a modified emulsion tack coat is placed directly before the application of a conventional or rubber modified hot mix asphalt wearing course.

This Solicitation and ensuing Contracts provide an avenue for preventive maintenance materials and treatments which ensure that highways and bridges meet or exceed their optimum useful life.

Note: All scope changes are subject to the approval of the New York State Office of the State Comptroller as required by law.

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1.6 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $181,000,000 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

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

• Such Contracts may be non-exclusive Contracts.

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

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

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

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

Users than anticipated.

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

Users than anticipated.

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

1.7 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.

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

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

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

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

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

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SECTION 2: PRICING

2.1 List of OGS Items and Awardees

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

OGS Centralized Contracts List | Office of General Services

2.2 Price

Pricing will be collected using Pricing.

Chip Seal - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 1.2 – Pricing Information.

Cold Recycling - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 2.2 – Pricing Information.

Joint and Crack Filler/Sealer - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 3.2 – Pricing Information.

Heater Scarification - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 4.2 – Pricing Information.

Micro-Surfacing - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 5.2 – Pricing Information

Conventional and Rubber Modified Paver Placed Surface Treatment - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 6.2 – Pricing Information.

2.3 Asphalt Price Adjustment

Chip Seal - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 1.3 – Asphalt Price Adjustments.

Cold Recycling - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 2.3 – Asphalt Price Adjustments.

Joint and Crack Filler/Sealer - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 3.3 – Asphalt Price Adjustments.

Heater Scarification - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 4.3 – Asphalt Price Adjustments.

Micro-Surfacing - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 5.3 – Asphalt Price Adjustments.

Conventional and Rubber Modified Paver Placed Surface Treatment - Please refer to Attachment 10 – Special Notes – NYSDOT Specific Projects, Section 6.3 – Asphalt Price Adjustments.

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

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2.4 Price Structure

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

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

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

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

Work being done under a resulting Authorized User agreement may be subject to the Prevailing Wage Rate provisions of the New York State Labor Law (see Appendix B Prevailing Wage Rates – Public Works and Building Services Contracts and Section 6.34 NYS Labor Law § 220-i). Such work shall be identified by the Authorized User within the Purchase Order (see Section 5.2 Procurement Instructions for Authorized Users). The actual bill rates for each Authorized User agreement will be established in response to the Authorized User’s Purchase Order 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 the Authorized User’s Purchase Order or suspension or termination of the Contract or Authorized User agreement.

The following also applies to this Contract.

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

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

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

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

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3.2 NYS Labor Law § 220-i

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

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

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

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SECTION 4: NYS MAP – NYSDOT REGIONS

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SECTION 5: CONTRACT ADMINISTRATION

5.1 Contract Administration

The 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. Contractor must notify OGS within five (5) Business Days if it’s Contract Administrator, Emergency Contact, or Customer Service employees change, and provide an interim contact person until the position is filled. Changes shall be submitted electronically via e-mail to the OGS Contract Management Specialist.

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SECTION 6: TERMS AND CONDITIONS

6.1 Contract Term and Extensions

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

B. Extensions. At the State’s option, and subject to the approval of OSC, the Contract may be extended for two

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

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

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

6.2 Short term Extension

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

6.3 Ordering

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

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

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

6.4 Purchasing Card Orders

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

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6.5 Minimum Order

There is no minimum order for this Contract.

6.6 Invoicing and Payment

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

The Contractor is required to provide the Authorized User with one (1) invoice for each Purchase Order at the time of delivery. The invoice must include detailed line item information to allow Authorized Users to verify that pricing at point of receipt matches the Contract price on the original date of order. At a minimum, the following fields must be included on each invoice:

• Contractor Name

• Contractor Billing Address

• Contractor Federal ID Number

• NYS Vendor ID Number

• Account Number

• NYS Contract Number

• Name of Authorized User indicated on the Purchase Order

• NYS Agency Unit ID (if applicable)

• Authorized User’s Purchase Order Number

• Order Date

• Invoice Date

• Invoice Number

• Invoice Amount

• Product Descriptions

• Unit Price

• Quantity

• Unit of Measure

• Dates of Service (if applicable)

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

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

6.7 Product Delivery

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

Delivery shall also be made in accordance with instructions on Purchase Order from the Authorized User. If there is a discrepancy between the purchase order and what is listed on the contract, it is the Contractor’s obligation to seek clarification from the Authorized User and, if applicable, from the Office of General Services, Procurement Services. Failure to furnish material as agreed upon with authorized representative or violation of shipping instructions, shall be cause for and entitles the State (1) to damages which in its judgment have resulted, or (2) to purchase in the open market at the expense of the contractor. At the discretion of the State, one or both of these courses of action may be followed.

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6.7.1 Delivery Ticket

A delivery ticket shall be provided with each load of bituminous material and filler for joints stating the following:

a. Storage facility identification;

b. Ticket Number;

c. Date/time;

d. Item Number and Type;

e. Quantity ticket printed by machine; and

f. Quantity in 60° F gallons for emulsions and PG binder.

6.7.2 Quantity Received

It is the responsibility of the Authorized User to ascertain quantities shipped are accurate to the delivery ticket.

Each vehicle should be checked for product upon arrival and prior to departure.

6.8 NYS Financial System (SFS)

New York State is currently operating on an Enterprise Resource Planning (ERP) system, Oracle PeopleSoft software, referred to as the Statewide Financial System (SFS). SFS supports requisition-to-payment processing and financial management functions. Further information regarding business processes, interfaces, and file layouts currently in place may be found at: http://www.sfs.ny.gov and https://www.osc.ny.gov/state-agencies/gfo/chapter-iii/iii1-statewide-financial-system-sfs-overview.

6.9 N.Y. State Finance Law § 139-l

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

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

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

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

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

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6.10 Insurance

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

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

6.11 Report of Contract Usage

Contractor shall submit Attachment 8 – Report of Contract Usage including total sales to Authorized Users of this Contract by Contractor, and all authorized resellers, dealers and distributors, if any, no later than ten (10) days after the end of the contract period. If the Contract period begins or ends in a fractional portion of a reporting period, only the actual Contract sales for this fractional period should be included in the report.

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

The report is to be submitted electronically via e-mail in Microsoft Excel to OGS Procurement Services, to the attention of the individual listed on the front page of the Contract Award Notification and shall reference the Contract Group Number, Award Number, Contract Number, Sales Period, and Contractor's name.

The report in Attachment 8 – Report of Contract Usage contains the minimum information required. Additional related sales information, such as detailed user purchases, may be required by OGS and must be supplied upon request. Failure to submit reports on a timely basis may result in Contract cancellation and designation of Contractor as non-responsible.

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

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

6.12 Contractor Requirements and Procedures for Participation by New York State Certified Minority-and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

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

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

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I. New York State Law

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

II. General Provisions

A. OGS is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR

Parts 140-145 (“MWBE Regulations”) for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.

B. The Contractor agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to OGS, to fully comply and cooperate with OGS in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for MWBEs. Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR § 142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, State, or local laws.

C. Failure to comply with all of the requirements herein may result in a finding of non-responsiveness, a finding of non-responsibility, breach of contract, withholding of funds, suspension or termination of the Contract, and/or such other actions or enforcement proceedings as allowed by the Contract and applicable law.

III. Equal Employment Opportunity (EEO)

A. The provisions of Article 15-A of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all Contractors, and any subcontractors, awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (the “Work”) except where the Work is for the beneficial use of the Contractor.

1. Contractor and subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation.

This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate, or distinct from the Contract; or (ii) employment outside New York State.

2. By entering into this Contract, Contractor certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is Contractor’s equal employment opportunity policy. In addition, Contractor agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A.

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B. Form EEO 100 – Staffing Plan

To ensure compliance with this section, the Contractor agrees to submit, or has submitted with the Bid, a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and federal occupational categories.

C. NYS Contract System Workforce Utilization Reporting Module (Commodities & Services)

1. The Contractor shall complete and shall require each of its subcontractors to complete a Workforce

Audit on a quarterly basis throughout the term of this Contract, by the 10th day of April, July, October, and January. To report the actual workforce utilized in the performance of the Contract by the specified categories listed including ethnic background, gender, and Federal occupational categories.

Contractor shall coordinate with its subcontractors to ensure that all workers associated with this Contract are properly counted and reported. To prepare the report, Contractor and its subcontractors shall use the NYS Contract System Workforce Audit Module found at the following website:

https://ny.newnycontracts.com.

2. Separate audits shall be completed by Contractor and all subcontractors utilized on this contract and the Contractor is responsible for ensuring timely submission of the Workforce Audit by their subcontractors.

3. In limited instances, the Contractor or subcontractor may not be able to separate out the workforce utilized in the performance of the Contract from its total workforce. When a separation can be made, the Contractor or subcontractor shall complete the Workforce Audit and indicate that the information provided relates to the actual workforce utilized on the Contract. When the workforce to be utilized on the Contract cannot be separated out from the Contractor's or subcontractor's total workforce, the Contractor or subcontractor shall complete the Workforce Audit and indicate that the information provided is the Contractor's or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under the Contract.

D. Contractor shall comply with the provisions of the Human Rights Law and all other State and federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

IV. Contract Goals

A. For purposes of this procurement, OGS conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set goals for participation by MWBEs as subcontractors, service providers, or suppliers to Contractor. Contractor is, however, encouraged to make every good faith effort to promote and assist the participation of MWBEs on this Contract for the provision of services and materials. The directory of New York State Certified MWBEs can be viewed at:

https://ny.newnycontracts.com/. Additionally, following Contract execution, Contractor is encouraged to contact the Division of Minority and Women’s Business Development ((518) 292-5250; (212) 803-2414; or

(716) 846-8200) to discuss additional methods of maximizing participation by MWBEs on the Contract.

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B. Good Faith Efforts

Pursuant to 5 NYCRR § 142.8, evidence of good faith efforts shall include, but not be limited to, the following:

1. A list of the general circulation, trade, and MWBE-oriented publications and dates of publications in which the Contractor solicited the participation of certified MWBEs as subcontractors/suppliers, copies of such solicitations, and any responses thereto.

2. A list of the certified MWBEs appearing in the Empire State Development (“ESD”) MWBE directory that were solicited for this Contract. Provide proof of dates or copies of the solicitations and copies of the responses made by the certified MWBEs. Describe specific reasons that responding certified MWBEs were not selected.

3. Descriptions of the Contract documents/plans/specifications made available to certified MWBEs by the Contractor when soliciting their participation and steps taken to structure the scope of work for the purpose of subcontracting with, or obtaining supplies from, certified MWBEs.

4. A description of the negotiations between the Contractor and certified MWBEs for the purposes of complying with the MWBE goals of this Contract.

5. Dates of any pre-bid, pre-award, or other meetings attended by Contractor, if any, scheduled by

OGS with certified MWBEs whom OGS determined were capable of fulfilling the MWBE goals set in the Contract.

6. Other information deemed relevant to the request.

V. Fraud

Any suspicion of fraud, waste, or abuse involving the contracting or certification of MWBEs shall be immediately reported to ESD’s Division of Minority and Women’s Business Development at (855) 373-4692.

ALL FORMS ARE AVAILABLE AT: https://ogs.ny.gov/MWBE

Vendor must scroll down to the section titled COMMODITY & SERVICE CONTRACTS and use the appropriate forms under this section only.

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

Businesses

Article 3 of the New York State Veterans’ Services Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. OGS recognizes the need to promote the employment of service-disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of OGS contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Bidders/Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

For purposes of this procurement, OGS conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set specific goals for participation by SDVOBs as subcontractors, service providers, and suppliers to Contractor. Nevertheless, Bidder/Contractor is encouraged to make good faith efforts to promote and assist in the participation of SDVOBs on the Contract for the provision of services and materials.

The directory of New York State Certified SDVOBs can be viewed at: https://ogs.ny.gov/Veterans/.

Bidder/Contractor is encouraged to contact the Office of General Services’ Division of Service-Disabled Veteran’s Business Development at 518-474-2015 or VeteranDevelopment@ogs.ny.gov to discuss methods of maximizing participation by SDVOBs on the Contract.

ALL FORMS ARE AVAILABLE AT: https://ogs.ny.gov/Veterans/

6.14 Use of Recycled or Remanufactured Materials

New York State supports and encourages Contractors to use recycled, remanufactured or recovered materials in the manufacture of Products and packaging to the maximum extent practicable without jeopardizing the performance or intended end use…