3155523334ra.pdf

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

Contract Award Notification

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

Award Number : 23334 (Replaces Award 23250)

Contract Period : Upon OSC Approval to March 31, 2026

Bid Opening Date : December 21, 2023

Date of Issue : April 22, 2024 (Revised 06/28/2024)

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

Contractor Information : Appears starting on Page 4 of this Award

Address Inquiries To:

Name :

Title :

Phone :

E-mail :

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

Procurement Services Customer Services

Phone :

E-mail :

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

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 #23334

https://ogs.ny.gov/award-23334

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

23334a (Revised 06/28/2024)

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 Introduction & Important Notes

2.2 Quick Quote Process

2.3 Frequently Asked Questions (FAQs)

2.4 Prevailing Wage Rates – Public Works and Building Services Contracts

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 Administration

6.2 Short term Extension

6.3 Materials (Lots 1 through 6 ONLY)

6.4 Price Adjustments

6.5 Best Pricing Offer

6.6 Price Structure

6.7 Ordering

6.8 Purchasing Card Orders

6.9 Minimum Order

6.10 Invoicing and Payment

6.11 Product Delivery

6.12 NYS Financial System (SFS)

6.13 Americans with Disabilities Act (ADA)

6.14 Insurance

6.15 Report of Contract Usage

6.16 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

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

6.18 Use of Recycled or Remanufactured Materials

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 3

6.19 Bulk Delivery and Alternate Packaging

6.20 Environmental Sustainability and NYS Executive Order Number 22

6.21 Preferred Source Products

6.22 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment

6.23 “OGS or Less” Guidelines

6.24 Non-State Agencies Participation in Centralized Contracts

6.25 Extension of Use

6.26 New Accounts

6.27 Drug and Alcohol Use Prohibited

6.28 Traffic Infractions

6.29 Samples

6.30 Contract Documents; Electronic Format

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 4

SECTION 1: CONTRACTOR INFORMATION

1.1 Contractor Information

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

PC70336 All States Construction, Inc. Toll Free #: 800-332-7795 04-2216868 d/b/a Gorman Construction Phone #: 518-462-5401 x109 1000011021 200 Church Street Contact: Kayla Bessette Albany, NY 12202 Email: kbessette@asmg.com Website: www.asmg.com Contractor does not accept NYS Procurement Card

Emergency / Weekends/Holidays Phone #: 518-932-8676 Contact: Kayla Bessette Email: kbessette@asmg.com Business Hours: 8:00AM – 4:30PM (M-F)

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

PC70337 AnnSeal, Inc. 03-0435899 WBE 130 Main Street Phone #: 607-797-3737 1000005228 SB Johnson City, NY 13790 Contact: Nancy O’Brien Email: nobrien@annseal.com Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 607-797-3737 Phone #: 607-222-5815 Contact: Michael Motsko Contact: Doug Luke Email: mmotsko@annseal.com Email: dluke@annseal.com Business Hours: 9:00AM – 5:00PM (M-F)

PC70338 Bothar Construction, LLC 16-1570429 SB 170 East Service Road Phone #: 607-723-5012 x207 1000008391 Binghamton, NY 13901 Contact: James E O’Brien Jr.

Email: jimjr@botharconst.com Contractor does not accept NYS Procurement Card

NYS Contract Orders/ Emergency / Weekends/Holidays Phone #: 607-343-5407 Contact: James E. O’Brien Jr.

Email: jimjr@botharconst.com Business Hours: 8:00AM – 5:00PM (M-F, Sa-Sun) mailto:kbessette@asmg.com http://www.asmg.com/ mailto:kbessette@asmg.com mailto:nobrien@annseal.com mailto:mmotsko@annseal.com mailto:dluke@annseal.com mailto:jimjr@botharconst.com mailto:jimjr@botharconst.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 5

PC70339 Callanan Industries, Inc Toll Free #: 800-446-8649 x72017 14-1539261 PO Box 15097 Phone #: 518-374-2222 x72017 1000027416 Albany, NY 12212 Contact: Darlene Casale Email: drcasale@callanan.com Website:

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

NYS Contract Orders/ Emergency / Weekends/Holidays Phone #: 518-225-2539 Contact: James Elacqua

Email: james.elacqua@callanan.com

Business Hours: 7:00AM – 5:00PM (M-F) Seasonally open (Sa-Sun)

PC70340 Cobleskill Stone Products, Inc. 14-1646795 112 Rock Road, PO Box 220 Phone #: 518-243-0221 1000006949 Cobleskill, NY 12043 Contact: Daniel Kleeschulte Email: dkleeschulte@cobleskillstone.com Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 518-234-0221 Phone #: 518-234-0221 Contact: Daniel Kleeschulte Contact: Michael Moore

Email: dkleeschulte@cobleskill.com Email: mmoore@cobleskill.com

Business Hours: 7:00AM – 4:00PM (M-F)

PC70341 CRAFCO, Inc. Toll Free #: 800-528-8242 86-0324978 6165 West Detroit Street Phone #: 602-276-0406 1000009735 Chandler, AZ 85226 Contact: Debby Eddy Email: bids@crafco.com Website: www.crafco.com Contractor accepts NYS Procurement Card orders for 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 Business Hours: 8:00AM – 5:00PM (M-F) mailto:drcasale@callanan.com mailto:james.elacqua@callanan.com mailto:dkleeschulte@cobleskillstone.com mailto:dkleeschulte@cobleskill.com mailto:mmoore@cobleskill.com mailto:bids@crafco.com http://www.crafco.com/ mailto:david.adams@crafco.com mailto:anthony.simone@crafco.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 6

NYS Vendor ID#

PC70342 Fibrecrete Preservation Technologies, Inc. 81-2876617 d/b/a 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 #: 336-469-4033 Phone #: 484-637-3518 Contact: Gabrielle Allison Contact: Rich Bagenstose Email: gabrielle.allison@fptinfrastructure.com Email: rich.bagenstose@fptinfrastructure.com

Note:

OGS has executed a contract assignment for (PC70343) Gorman Bros, Inc.

The contract has been assigned to (PC70336) All States Construction, Inc. DBA Gorman Construction

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

FED ID#/

NYS Vendor ID#

PC70343 Gorman Bros., Inc. Toll Free #: 800-332-7785 14-0704840 200 Church Street Phone #: 518-932-8676 1000013676

Contract # Contractor Name & Address Contract Admin/

NYS Contract Orders

FED ID#/

NYS Vendor ID# PC70344 Highway Rehabilitation Corp. 22-2355196 SB 2258 Route 22 Phone #: 845-206-5777 1000057419 Brewster, NY 10509 Contact: Christine Magee Email: chris@highwayrehab.com Website: www.highwayrehab.com Contractor does not accept NYS Procurement Card

Prompt payment discount of 2%/15 days

Emergency / Weekends/Holidays Phone #: 845-721-6008 Contact: Terence Lucey Email: terry@highwayrehab.com Business Hours: 8:30AM – 5:30PM (M-F) mailto:marcy.ream@fptinfrastructure.com http://www.fptinfrastructure.com/ mailto:gabrielle.allison@fptinfrastructure.com mailto:rich.bagenstose@fptinfrastructure.com mailto:chris@highwayrehab.com http://www.highwayrehab.com/ mailto:terry@highwayrehab.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 7

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

PC70345 Julieann Shove, Inc. 20-5160209 SB d/b/a Champion Asphalt Maintenance 1000044369 5724 Eddy Ridge Road Williamson, NY 14589 Website: www.championasphalt.com Contractor accepts NYS Procurement Card orders from $20,000 to $50,000.

Contract Admin / NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 315-589-7953 Contact: Deborah Shove Email: championasphalt7953@yahoo.com Business Hours: 8:00AM – 4:00PM (M-F)

PC70346 Maxwell Products, Inc. Toll Free #: 800-266-2090 87-0319315 650 South Delong Street Phone #: 801-972-2090 1100150193 Salt Lake City, UT 84104 Contact: Mitch Jones Email: mitch@maxwellproducts.com Website: www.maxwellproducts.com Contractor accepts NYS Procurement Card for orders up to $50,000

NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 518-450-9820 Contact: Rick Stone Email: rstone@maxwellproducts.com

PC70347 Midland Asphalt Materials, Inc. 26-0038619 640 Young Street 1000017447 Tonawanda, NY 14150 Website: www.midlandasphalt.com Contractor accepts NYS Procurement Card orders for up to $50,000

Contract Admin / NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 716-692-0730 x4418 Contact: Tim McNally Email: tmcnally@midlandasphalt.com http://www.championasphalt.com/ mailto:championasphalt7953@yahoo.com mailto:mitch@maxwellproducts.com http://www.maxwellproducts.com/ mailto:rstone@maxwellproducts.com http://www.midlandasphalt.com/ mailto:tmcnally@midlandasphalt.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 8

NYS Vendor ID#

PC70348 New England Asphalt Services, LLC II 47-3176625 508 Forest Road Phone #: 203-208-1378 1100196756 Northford, CT 06472 Contact: Nancy Swiantek Email: nancy@newenglandasphalt.com Website:

Contractor does not accept NYS Procurement Card

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

PC70349 Noel J Brunell & Son, Inc. 14-1456087 WBE 3997 State Route 22 1000051434 SB Plattsburgh, NY 12901

Contract Admin / NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 518-561-1290 Contact: Emilie Simoneau Email: emilie@brunellasphalt.com

PC70350 P&T Products, LLC 34-1601352 472 Industrial Parkway Phone #: 419-621-1966 1100308056 Sandusky, OH 44870 Contact: Jarred Limberios Email: jarredl@pntproducts.com Website: www.pntproducts.com Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 419-621-1966 Phone #: 419-621-1966 Contact: Jaime Rising Contact: Spencer Meyers Email: jaime@pntproducts.com Email: spencerm@pntproducts.com mailto:nancy@newenglandasphalt.com mailto:shawn@newenglandasphalt.com mailto:emilie@brunellasphalt.com mailto:jarredl@pntproducts.com http://www.pntproducts.com/ mailto:jaime@pntproducts.com mailto:spencerm@pntproducts.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 9

Contract Admin /

NYS Contract Orders

FED ID#/

NYS Vendor ID# PC70351 Peckham Materials Corp. 14-1470013 763 Schoharie Turnpike Phone #: 518-945-1120 1000006732 Athens, NY 12015 Contact: Jeri Camputaro Email: jcamp@peckham.com Website: www.pechham.com

Prompt payment discount 1% / 10 days

Emergency / Weekends/Holidays Phone #: 518-222-6681 Contact: Scott Pooters Email: spoot@peckham.com

PC70352 Peckham Road Corp. 13-3493213 438 Vaughn Road Phone #: 518-792-3157 1000006385 Hudson Falls, NY 12839 Contact: Dominique Bisignano Email: dbisi@peckham.com

Contractor does not accept NYS Procurement Card

NYS Contract Orders Emergency / Weekends/Holidays Phone #: 315-289-2868 Phone #: 518-570-5437 Contact: Caleb Edelstein Contact: Tyler Pratt Email: prc@peckham.com Email: tprat@peckham.com

PC70353 Sealcoat USA, Inc. 30-0309733 SB 79 Pembrook Drive 1100003000 Yonkers, NY 10710

Website: www.sealcoatusa.com Contractor accepts NYS Procurement Card for orders up to $50,000.

Contract Admin / NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 914-439-3186 Contact: Ryan Landeck Email: ryan.landeck@gmail.com Business Hours: 24/7 (M-F) mailto:jcamp@peckham.com http://www.pechham.com/ mailto:spoot@peckham.com mailto:dbisi@peckham.com mailto:prc@peckham.com mailto:tprat@peckham.com http://www.sealcoatusa.com/ mailto:ryan.landeck@gmail.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 10

Contract Admin /

NYS Contract Orders

FED ID#/

NYS Vendor ID# PC70354 Sealcoating, Inc. 04-3520246 d/b/a Indus Phone #: 781-428-4303 1100086105 825 Granite Street Contact: April Durant Braintree, MA 02184 Email: april.durant@indusinc.com Website: www.indusinc.com Contractor accepts NYS Procurement Card for orders from $18,000 to $50,000.

Emergency / Weekends/Holidays Phone #: 413-262-7829 Contact: Art Baker Email: art.baker@indusinc.com Business Hours: 8:30AM – 4:00PM (M-F)

Contract Admin FED ID#/

PC70355 Sealworks, Inc. 84-4013212 SB d/b/a SealMaster Phone #: 716-891-4197 1100249509 555 Ludwig Avenue Contact: Conrad Kloc Buffalo, NY 14227 Email: conrad@sealmasterwny.com

Prompt payment discount 1% / 10 days

NYS Contract Orders / Emergency / Weekends/Holidays Phone #: 716-342-6171 Contact: John Quinn Email: john@sealmasterwny.com Business Hours: 8:00AM – 3:30PM (M-F)

Contract Admin /

NYS Contract Orders

FED ID#/

NYS Vendor ID# PC70356 Suit-Kote Corporation Toll Free #: 800-622-5636 16-1177189 1911 Lorings Crossing Road Phone #: 315-238-7053 x351 1000007846 Cortland, NY 13045 Contact: Brian Pepper Email: bpepper@suit-kote.com Website: www.suit-kote.com Contractor does not accept NYS Procurement Card

Emergency / Weekends/Holidays Phone #: 607-591-9234 Contact: Joe Perrone Email: jperrone@suit-kote.com Business Hours: 7:30AM – 4:30PM (M-F) mailto:april.durant@indusinc.com http://www.indusinc.com/ mailto:art.baker@indusinc.com mailto:conrad@sealmasterwny.com mailto:john@sealmasterwny.com mailto:bpepper@suit-kote.com http://www.suit-kote.com/ mailto:jperrone@suit-kote.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 11

NYS Vendor ID#

PC70357 Thos. H. Gannon & Sons, Inc. 112280296 951 Reading Avenue 1000043171 Hammonton, NJ 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

PC70358 Vestal Asphalt, Inc. 16-1201418 SB 201 Stage Road Phone #: 607-785-3393 1000007868 Vestal, NY 13850 Contact: Bernadette Bromley 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

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.

http://www.asphaltpavingsystems.com/ mailto:wpercyiii@asphaltpavingsystems.com mailto:contracts@vestalasphalt.com http://www.vestalasphalt.com/ mailto:dispatch@vestalasphalt.com mailto:contracts@vestalasphalt.com

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 12

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).

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 13

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 $60,000,000 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 shall be defined in accordance with Appendix B, Definitions, or as below.

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

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

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

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Dr. Martin Luther King, Jr. Day;

Washington’s Birthday (observed); Memorial Day; Juneteenth; Independence Day; Labor Day;

Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

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

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 14

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

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements.

The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).

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

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

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 15

SECTION 2: HOW TO USE THE CONTRACT

2.1 Introduction & Important Notes

Authorized Users can choose to make a purchase from any of the awarded Contractors listed in this Contract Award Notification, Section 1.1 - Contractor Information. Contractors that are not listed in Section 1.1 – Contractor Information, cannot be utilized or included in the Quick Quote process involving a purchase through this particular contract.

The only items that can be purchased through this contract are the ones listed in the Price Page attachments for each Lot.

To locate a specific Liquid Bituminous Material Treatment please refer to the individual Price Pages for each Lot which are published as attachments on the OGS website for this contract award under the Pricing & Quick Quote link here:

http://www.ogs.ny.gov/purchase/spg/awards/3155523334CAN.htm

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 IFB, 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 is optional (at the Authorized User’s discretion).

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 items, that Contractor won’t be able to bid the entire Quick Quote.

Under those circumstances, if a Quick Quote is received, 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. (i.e., 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. 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 in the Quick Quote includes all the needed Price Adjustments for the month indicated in the Quick Quote (the month when the Quick Quote 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.

GROUP 31555 – Comprehensive Liquid Bituminous Materials AWARD PAGE 16

2.3 Frequently Asked Questions (FAQs)

May I buy from any contractor or do I have to choose only from the contractors listed in my DOT Region?

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

Is it allowed for a contractor listed in this Award 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 this IFB, 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 is optional (at the Authorized User’s discretion)”.

2.4 Prevailing Wage Rates – Public Works and Building Services Contracts

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

IMPORTANT NOTE: Authorized Users MUST obtain a separate PRC # for each purchase from this contract where prevailing wage rates apply. The PRC # provided in this Bid is for information and evaluation purposes only.

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

http://wpp.labor.state.ny.us/wpp/showFindProject.do?method=showIt

For Prevailing Wage Updates, use the following DOL link:

http://wpp.labor.state.ny.us/wpp/publicViewPWChanges.do?method=showIt

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

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.

http://wpp.labor.state.ny.us/wpp/showFindProject.do?method=showIt http://wpp.labor.state.ny.us/wpp/publicViewPWChanges.do?method=showIt https://dol.ny.gov/

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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.

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) as set forth in Appendices 7 through 13 – Price Pages 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.

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

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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 10 – General Specifications

• Attachment 11 – Detailed Specifications – Liquid Bituminous Materials

• Attachment 12 – Group Specification #947

• Attachment 13 – New York State Department of Transportation, Standard Specifications, Construction and Materials

• Attachment 14 – 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 Bidder shall provide a sufficient number of Customer Service employees who are knowledgeable and responsive to Authorized User needs and who can effectively service the Contract. Bidder shall also provide an Emergency Contact in the event of an emergency occurring after business hours or on weekend/holidays.

Bidder shall provide a dedicated Contract Administrator to support the updating and management of the Contract on a timely basis. Information regarding the Customer Service, Emergency Contact, and Contract Administrator shall be set forth in Attachment 5 – Bidder Information Questionnaire.

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

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SECTION 6: TERMS AND CONDITIONS

6.1 Contract Administration

The Contract shall be in effect for a term of two (2) years. The Contract term shall commence after all necessary approvals and shall become effective on (i) April 1, 2024, 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, 2026.

All OGS Centralized Contracts resulting from this Solicitation shall have a co-terminus end date. At the State’s option, the Contract may be extended for an additional period of up to three (3) 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 the approval of OSC and any additional applicable statutory and policy requirements. Any extensions provided under this section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension.

The Contract term provided for in this section shall extend 6 months beyond its termination date only for Authorized Users whose contracts must be registered with the Office of the New York City Comptroller. During the 6-month period the definition of Authorized User shall be deemed to refer only to Authorized Users whose contracts must be registered with the Office of the New York City Comptroller. This extension is in addition to any other extensions available under the Contract. The extension provided for in this paragraph shall be upon the then-existing terms and conditions;

provided, however, during such extension an Authorized User, as defined in this paragraph, may agree to amend such terms and conditions solely to comply with changes in statutory requirements (e.g. changes in minimum, prevailing or living wages, or regulated services).

6.2 Short term Extension

This section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension.

In the event a replacement Contract has not been issued, any Contract let and awarded hereunder by the State may be extended unilaterally by the State for an additional period of up to 30 calendar days upon notice to the Contractor with the same terms and conditions as the original Contract and any approved modifications. With the concurrence of the Contractor, the extension may be for a period of up to 90 calendar days in lieu of 30 calendar days. However, this extension automatically terminates should a replacement Contract be issued in the interim.

6.3 Materials (Lots 1 through 6 ONLY)

All materials provided shall come from a NYSDOT approved location. All materials shall comply with the specifications in the following attachments.

General Specifications Detailed Specifications – Liquid Bituminous Materials Group Specifications #947 New York State Department of Transportation Standard Specifications, Construction and Materials NYSDOT Work Zone Traffic Control

6.4 Price Adjustments

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

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6.5 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.

6.6 Price Structure

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

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

6.7 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).

6.8 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.

6.9 Minimum Order

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

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6.10 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 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.

6.11 Product Delivery

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

Delivery shall be made in accordance with instructions on Purchase Order from each agency. 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 ordering agency and, if applicable, from the Office of General Services – Procurement Services. It is the responsibility of the agency to ascertain quantities shipped are accurate to the delivery ticket. Each vehicle should be checked for product upon arrival and prior to departure.

6.12 NYS Financial System (SFS)

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

The State may be implementing additional PeopleSoft modules in the near future. Further information regarding business processes, interfaces, and file layouts currently in place may be found at: http://www.sfs.ny.gov and http://www.osc.state.ny.us/agencies/guide/MyWebHelp/.

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

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6.13 Americans with Disabilities Act (ADA)

The federal ADA bars employment discrimination and requires all levels of government to provide necessary and reasonable accommodations to qualified workers with disabilities. Bidder is required to identify and offer any Products it manufactures or adapts that may be used or adapted for use by persons with visual, hearing, or any other physical disabilities. Although it is not mandatory for Bidder to have these Products in order to receive an award, it is necessary to identify any such Products offered that fall into the above category.

6.14 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.

6.15 Report of Contract Usage

Contractor shall submit Attachment – Report of Contract Usage including total sales to Authorized Users of this Contract by Contractor. The three (3) reports are due no later than fifteen (15) days after the end of each report period as follows:

Report From To Report Due Before 1st 04/01/2024 12/31/2024 01/15/2025

2nd 01/01/2025 08/31/2025 09/15/2025

3rd 09/01/2025 03/31/2026 04/15/2026

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.

This Contract may be terminated if, on the one-year anniversary date of the Contract Award, and annually thereafter, the reports required to be filed under this Section show that the Contractor has made no sales to any Authorized User under the Contract for the prior year. 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 also be terminated for failure to file the reports required under this Section.

6.16 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

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.

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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…