CONTRACT AWARD NOTIFICATION

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1 Title : State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York CONTRACT AWARD NOTIFICATION Group LIQUID BITUMINOUS MATERIALS (Paver Placed Surface Treatment) (All State Agencies & Political Subdivisions) Classification Code(s): 30 Award Number : (Replaces Award 00779) Contract Period : April 1, 2002 to December 31, 2002 Bid Opening Date : January 3, 2002 Date of Issue : January 29, 2002 Specification Reference : Information : SPEC-866 dated August 21, 2001 and as amended in the Invitation for Bids Appears on Page 2 of this Award Address Inquiries To: Name : Title : Phone : Fax : All State Agencies & Vendors Joseph Hodder Purchasing Officer I joseph.hodder@ogs.state.ny.us Political Subdivisions & Others Name : Judy Gibbons Title : Purchase Coordinator Phone : Fax : customer.services@ogs.state.ny.us The Procurement Services Group values your input. Please complete and return "Contract Performance Report" at end of document. Description 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 hot mix asphalt wearing course. PR # 01553

2 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 2 NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED. ID. # PC59123 ALL STATES ASPHALT, INC. 800/ AMHERST ROAD 413/ SUNDERLAND, MA Alan Chicoine FAX NO. 413/ asphalt@allstatesasphalt.com Web Site: PC59124 GORMAN ASPHALT LTD. 315/ SB D/B/A AMERICAN ASPHALT DIST. P. A. Gorman 20 ROBINSON ROAD FAX NO. 315/ CLINTON, NY tgorman@gormanroads.com Web Site: gormanroads.com PC59125 GORMAN BROS., INC. 518/ CHURCH STREET P. A. Gorman ALBANY, NY FAX NO. 518/ tgorman@gormanroads.com Web Site: gormanroads.com PC59126 MIDLAND ASPHALT 716/ MATERIALS, INC. Robert Friedline 640 YOUNG STREET FAX NO. 716/ PO BOX bpmimami@aol.com TONAWANDA, NY PC59127 PENN CAN ROAD MATERIALS, INC. 315/ SB PO BOX 6501 Donald L. Murray SYRACUSE, NY FAX NO. 315/ pcrm555@msn.com PC59128 THE CADY COMPANY 518/ SB 446 ROUTE 161 P. A. Gorman AMSTERDAM, NY FAX NO. 518/ tgorman@gormanroads.com Web Site: gormanroads.com Cash Discount, If Shown, Should be Given Special Attention. INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. (See "Contract Payments" and "Electronic Payments" at end of this document.) AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP 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 THE PROCUREMENT SERVICES GROUP. NOTE TO AGENCY: 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.

3 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 3 NOTE TO ALL CONTRACT USERS: The terms and conditions of the bid solicitation which apply to the award appear at the end of this document. We strongly advise all contract users to familiarize themselves with all terms and conditions before issuing a purchase order. PRICE: Clause 23B of the General Specifications has been modified to read: Price is FOB the contractor s location per square meter based on average daily production for the paver placed surface treatment. The price for optional maintenance and protection of traffic is per square meter of paver placed surface treatment. The contractor is to furnish all necessary labor and equipment to complete the paver placed surface treatment work under this contract. Cleaning the existing pavement shall be the responsibility of the State or political subdivision. Permanent pavement striping will be the responsibility of the State or political subdivision upon completion of the paver placed surface treatment after the contractor has vacated the project site. Price for additional flaggers (if required ) is net per day (to the nearest quarter day) for additional flaggers. Price for abrading the existing pavement markings by the vendor, with maintenance and protection of traffic by the owner (if required) is net per linear meter at 100 mm wide of pavement markings actually abraded by the vendor. This price includes all costs for pavement marking abrading including all labor, materials, and equipment necessary to abrade the pavement markings. Price for abrading the existing pavement markings by the vendor, with maintenance and protection of traffic by the vendor (if required) is net per linear meter at 100 mm wide of pavement markings actually abraded by the vendor. This price includes all costs for pavement marking abrading including all labor, materials, and equipment necessary to abrade the pavement markings and all costs to properly maintain traffic. Price for paver placed surface treatment overlay splices with maintenance and protection of traffic by the owner (if required) is net per linear meter at 1 meter wide of overlay splices actually constructed by the vendor. This price includes all costs for paver placed surface treatment overlay splices including all labor, materials, and equipment necessary to construct the overlay splices. Price for paver placed surface treatment overlay splices with maintenance and protection of traffic by the vendor (if required) is net per linear meter at 1 meter wide of overlay splices actually constructed by the vendor. This price includes all costs for paver placed surface treatment overlay splices including all labor, materials, and equipment necessary to contract the overlay splices and all costs to properly maintain traffic. The equipment supplied to place the paver placed surface treatment shall meet the appropriate requirements of the New York State Department of Transportation Standard Specifications. All necessary operators shall be supplied along with the paver placed surface treatment spreader and the rollers. All personnel supplied for the work under this contract shall be qualified and experienced in paver placed surface treatment placement. PRICE ADDITIONAL FOR MOBILIZATION FROM CONTRACTOR S LOCATION TO PROJECT LOCATION: Price additional quoted for mobilization from contractor s location to project location is net per square meter of accepted paver placed surface treatment in place performed at the locations indicated by the State s resident engineer or political subdivision s representative. Paver placed surface treatment shall be performed in accordance with NYSDOT s Standard Specifications and as per the material specification for paver placed surface treatment. Cleaning the existing pavement will be the responsibility of the State or owner political subdivision. Erecting warning signs and directing traffic will be the responsibility of the purchasing agency or the contractor using the optional maintenance and protection of traffic section of this Contract Award at the discretion of the purchasing agency.

4 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 4 METHOD OF ORDERING: Orders for the purchase of material will be placed with the contractor whose source of supply offers the lowest ultimate cost, including hauling costs, to the State or political subdivision at the destination. PRICE ADJUSTMENTS: 1. Price adjustments allowed will be based on the September 1, 2001 average of the F.O.B. terminal price per metric ton of unmodified PG binder without anti-stripping agent (base average F.O.B. terminal price). The new monthly average terminal price will be determined by the New York State Department of Transportation based on prices of preapproved primary sources of performance graded binder in accordance with the New York State Department of Transportation Standard Specification. The September 1, 2001 average is $ NOTE: The same grade of asphalt cement used in establishing the base average F.O.B. terminal price shall be used in establishing the new average F.O.B. terminal price. Please be advised the September average reported above ($158.00) should be used when preparing bids for the year In the event that one or more of the New York State Department of Transportation preapproved sources discontinue posting a price for asphalt cement, the base average F.O.B. terminal price shall not be recalculated. 2. The new average F.O.B. terminal price will be determined based on the above F.O.B. terminal prices posted on the 20th of each month, hereafter known as the Adjustment Date, starting with January 20, However, price adjustments, in accordance with the formula below, will be effective for deliveries made on and after the first of the month (i.e., February 1, 2002) following the adjustment date. 3. The unit prices of bituminous materials purchased from this award based on this specification will be subject to adjustment based on the following formula: Price New Average Base Average Total Adjustment = FOB Terminal (Per Sq. Meter) Price Price Petroleum % Terminal X Allowable X NEW MONTHLY AVERAGE F.O.B. TERMINAL PRICE: The average F.O.B. terminal price for unmodified PG binder without anti-stripping agent as determined by the New York State Department of Transportation per New York State Department of Transportation Standard Specification. BASE AVERAGE F.O.B. TERMINAL PRICE: The average F.O.B. terminal price of unmodified PG binder without anti-stripping agent as determined by the New York State Department of Transportation as of September 1, 2001.

5 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 5 GENERAL INFORMATION (Cont d) PRICE ADJUSTMENTS: (Cont d) Total Allowable Petroleum: The percentage of total allowable petroleum for each item is as follows: Item # Material Designation Grade Total Allowable Petroleum xxx & AC 20 & CRS 2 7% xxx & AC 20 & CRS 2 7% xxx & AC 20 & CRS 2 7% EXAMPLE: Item $ $ =$ Base Avg. Price = $ $30.00 X.07 = $2.10 New Avg. Price = $ $2.10 X.023 = $0.048 Total Allowable Petroleum = 7% Therefore, if the new average FOB terminal price was $ per metric ton at the time the work was performed, the price adjustment for Item would be + $0.048 per square meter. Positive Price Adjustment number shall be added to original per square meter Bid Price. Negative Price Adjustment number shall be subtracted from original per meter Bid Price. 4. Work performed after the expiration of the contract, where no extension has been granted, resultant from purchase orders placed prior to expiration of the contract will receive the price adjustments applicable in effect during the last month of the contract Price adjustments for any contracts that are extended will be based on the new average for the month in which the work is done applying the same base established for that contract. 5. Price adjustments allowed by this contract shall be calculated and applied to the original prices. There will not be price adjustments unless the change amounts to more than $0.003 per liter from the original price. In these instances, prices will revert back to the original prices. 6. All price adjustments will be computed to three (3) decimal places. 7. Should these provisions result in a price structure which becomes unworkable, detrimental or injurious to the State or in prices which are not truly reflective of market conditions or which are deemed by the Commissioner to be unreasonable or excessive, and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon ten days written notice mailed to the contractor to terminate any contract resulting from this bid opening. 8. All price adjustments shall be published by the State and issued to all contract holders whose responsibility will be to attach the appropriate state notification (based on when the work was performed) to the payment invoice submitted to agency.

6 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 6 Item Type A F1 - Square Meters Placed Per Day Plant 4,200-12,500 12,501- Over All States Asphalt, Inc NB NB NB Gorman Asphalt LTD $4.100 $3.850 $3.750 Gorman Brothers, Inc $4.100 $3.850 $3.750 Midland Asphalt Materials, Inc NB NB NB Midland Asphalt Materials, Inc A NB NB NB Midland Asphalt Materials, Inc B NB NB NB Midland Asphalt Materials, Inc A $3.970 $3.800 $3.630 Midland Asphalt Materials, Inc B NB NB NB Penn-Can Road Materials, Inc NB NB NB Penn-Can Road Materials, Inc NB NB NB Penn-Can Road Materials, Inc NB NB NB The Cady Company $4.100 $3.850 $3.750 Item Type B F1 - Square Meters Placed Per Day Plant 4,200-12,500 12,501- Over All States Asphalt, Inc NB NB NB Gorman Asphalt LTD $4.200 $4.000 $3.900 Gorman Brothers, Inc $4.200 $4.000 $3.900 Midland Asphalt Materials, Inc NB NB NB Midland Asphalt Materials, Inc A NB NB NB Midland Asphalt Materials, Inc B NB NB NB Midland Asphalt Materials, Inc A $4.200 $4.000 $3.800 Midland Asphalt Materials, Inc B NB NB NB Penn-Can Road Materials, Inc NB NB NB Penn-Can Road Materials, Inc NB NB NB Penn-Can Road Materials, Inc NB NB NB The Cady Company $4.200 $4.000 $3.900 Item Type C F1 - Square Meters Placed Per Day Plant 4,200-12,500 12,501- Over All States Asphalt, Inc NB NB NB Gorman Asphalt LTD $4.250 $4.050 $3.950 Gorman Brothers, Inc $4.250 $4.050 $3.950 Midland Asphalt Materials, Inc NB NB NB Midland Asphalt Materials, Inc A NB NB NB Midland Asphalt Materials, Inc B NB NB NB Midland Asphalt Materials, Inc A $4.250 $4.030 $3.800 Midland Asphalt Materials, Inc B NB NB NB Penn-Can Road Materials, Inc NB NB NB Penn-Can Road Materials, Inc NB NB NB Penn-Can Road Materials, Inc NB NB NB The Cady Company $4.250 $4.050 $3.950

7 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 7 Item Type A F2 - Square Meters Placed Per Day Plant 4,200-12,500 12,501- Over All States Asphalt, Inc $3.860 $3.750 $3.640 Gorman Asphalt LTD $3.850 $3.600 $3.500 Gorman Brothers, Inc $3.850 $3.600 $3.500 Midland Asphalt Materials, Inc $3.830 $3.610 $3.260 Midland Asphalt Materials, Inc A $3.830 $3.610 $3.390 Midland Asphalt Materials, Inc B $3.720 $3.490 $3.390 Midland Asphalt Materials, Inc A $3.790 $3.570 $3.460 Midland Asphalt Materials, Inc B $3.780 $3.560 $3.440 Penn-Can Road Materials, Inc $3.870 $3.660 $3.550 Penn-Can Road Materials, Inc $3.850 $3.650 $3.550 Penn-Can Road Materials, Inc $3.865 $3.645 $3.525 The Cady Company $3.850 $3.600 $3.500 Item Type B F2 - Square Meters Placed Per Day Plant 4,200-12,500 12,501- Over All States Asphalt, Inc $3.940 $3.830 $3.720 Gorman Asphalt LTD $3.850 $3.600 $3.500 Gorman Brothers, Inc $3.850 $3.600 $3.500 Midland Asphalt Materials, Inc $3.910 $3.680 $3.450 Midland Asphalt Materials, Inc A $3.910 $3.680 $3.450 Midland Asphalt Materials, Inc B $3.830 $3.610 $3.490 Midland Asphalt Materials, Inc A $3.810 $3.590 $3.470 Midland Asphalt Materials, Inc B $3.810 $3.580 $3.460 Penn-Can Road Materials, Inc $3.900 $3.650 $3.550 Penn-Can Road Materials, Inc $3.860 $3.620 $3.520 Penn-Can Road Materials, Inc $3.895 $3.625 $3.505 The Cady Company $3.850 $3.600 $3.500 Item Type C F2 - Square Meters Placed Per Day Plant 4,200-12,500 12,501- Over All States Asphalt, Inc $4.000 $3.890 $3.800 Gorman Asphalt LTD $3.850 $3.650 $3.550 Gorman Brothers, Inc $3.850 $3.650 $3.550 Midland Asphalt Materials, Inc $3.910 $3.680 $3.450 Midland Asphalt Materials, Inc A $3.910 $3.680 $3.450 Midland Asphalt Materials, Inc B $3.830 $3.610 $3.490 Midland Asphalt Materials, Inc A $3.810 $3.590 $3.470 Midland Asphalt Materials, Inc B $3.810 $3.580 $3.460 Penn-Can Road Materials, Inc $3.920 $3.710 $3.600 Penn-Can Road Materials, Inc $3.900 $3.700 $3.620 Penn-Can Road Materials, Inc $3.905 $3.695 $3.575 The Cady Company $3.850 $3.650 $3.550

8 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 8 ADDITIONAL PRICE PER SQUARE METER FOR MOBILIZATION FROM CONTRACTOR'S LOCATION TO PROJECT LOCATION TOTAL PROJECT SIZE IN SQUARE METERS OF PAVER PLACED SURFACE TREATMENT Plant 0-50K 4,200-12, K 12, K Over All States Asphalt, Inc Gorman Asphalt LTD AP AP Gorman Brothers, Inc AP AP Midland Asphalt Materials, Inc Midland Asphalt Materials, Inc A Midland Asphalt Materials, Inc B Midland Asphalt Materials, Inc A Midland Asphalt Materials, Inc B Penn-Can Road Materials, Inc Penn-Can Road Materials, Inc Penn-Can Road Materials, Inc The Cady Company AP AP K 4,200-12, K 12, K Over All States Asphalt, Inc $0.270 $0.170 $0.120 Gorman Asphalt LTD $0.270 $0.190 $0.140 Gorman Brothers, Inc $0.270 $0.190 $0.140 Midland Asphalt Materials, Inc $0.270 $0.170 $0.130 Midland Asphalt Materials, Inc A $0.270 $0.170 $0.130 Midland Asphalt Materials, Inc B $0.270 $0.170 $0.130 Midland Asphalt Materials, Inc A $0.270 $0.170 $0.130 Midland Asphalt Materials, Inc B $0.270 $0.170 $0.130 Penn-Can Road Materials, Inc $0.295 $0.175 $0.125 Penn-Can Road Materials, Inc $0.295 $0.172 $0.125 Penn-Can Road Materials, Inc $0.295 $0.175 $0.125 The Cady Company $0.270 $0.190 $ K 4,200-12, K 12, K Over All States Asphalt, Inc $0.300 $0.180 $0.130 Gorman Asphalt LTD $0.300 $0.200 $0.150 Gorman Brothers, Inc $0.300 $0.200 $0.150 Midland Asphalt Materials, Inc $0.300 $0.180 $0.150 Midland Asphalt Materials, Inc A $0.300 $0.180 $0.150 Midland Asphalt Materials, Inc B $0.300 $0.180 $0.150 Midland Asphalt Materials, Inc A $0.300 $0.180 $0.150 Midland Asphalt Materials, Inc B $0.300 $0.180 $0.150 Penn-Can Road Materials, Inc $0.325 $0.185 $0.135 Penn-Can Road Materials, Inc $0.325 $0.185 $0.135 Penn-Can Road Materials, Inc $0.325 $0.185 $0.135 The Cady Company $0.300 $0.200 $0.150

9 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 9 ADDITIONAL PRICE PER SQUARE METER FOR MOBILIZATION FROM CONTRACTOR'S LOCATION TO PROJECT LOCATION TOTAL PROJECT SIZE IN SQUARE METERS OF PAVER PLACED SURFACE TREATMENT Plant 151K+ 4,200-12, K+ 12, K+ Over All States Asphalt, Inc Gorman Asphalt LTD AP Gorman Brothers, Inc AP Midland Asphalt Materials, Inc Midland Asphalt Materials, Inc A Midland Asphalt Materials, Inc B Midland Asphalt Materials, Inc A Midland Asphalt Materials, Inc B Penn-Can Road Materials, Inc Penn-Can Road Materials, Inc Penn-Can Road Materials, Inc The Cady Company AP ADDITIONAL PRICE PER SQUARE METER FOR OPTIONAL MAINTENANCE AND PROTECTION OF TRAFFIC AVERAGE PRODUCTION IN SQUARE METERS PER DAY OF PAVER PLACED SURFACE TREATMENT ONE-WAY ROADWAYS Plant 4,200-12,500 12,501- Over All States Asphalt, Inc Gorman Asphalt LTD Gorman Brothers, Inc Midland Asphalt Materials, Inc AP Midland Asphalt Materials, Inc A AP Midland Asphalt Materials, Inc B AP Midland Asphalt Materials, Inc A AP Midland Asphalt Materials, Inc B AP Penn-Can Road Materials, Inc Penn-Can Road Materials, Inc Penn-Can Road Materials, Inc The Cady Company

10 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 10 ADDITIONAL PRICE PER SQUARE METER FOR OPTIONAL MAINTENANCE AND PROTECTION OF TRAFFIC AVERAGE PRODUCTION IN SQUARE METERS PER DAY OF PAVER PLACED SURFACE TREATMENT TWO-WAY ROADWAYS Plant 4,200-12,500 12,501- Over All States Asphalt, Inc AP Gorman Asphalt LTD Gorman Brothers, Inc Midland Asphalt Materials, Inc Midland Asphalt Materials, Inc A Midland Asphalt Materials, Inc B Midland Asphalt Materials, Inc A Midland Asphalt Materials, Inc B Penn-Can Road Materials, Inc Penn-Can Road Materials, Inc Penn-Can Road Materials, Inc The Cady Company ADDITIONAL PRICE FOR ADDITIONAL FLAGGERS PER DAY PER FLAGGER Plant Additional Flaggers All States Asphalt, Inc $ Gorman Asphalt LTD $ Gorman Brothers, Inc $ Midland Asphalt Materials, Inc $ Midland Asphalt Materials, Inc A $ Midland Asphalt Materials, Inc B $ Midland Asphalt Materials, Inc A $ Midland Asphalt Materials, Inc B $ Penn-Can Road Materials, Inc $ Penn-Can Road Materials, Inc $ Penn-Can Road Materials, Inc $ The Cady Company $

11 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 11 ADDITIONAL PRICE PER LINEAR METER FOR ABRADING OF EXISTING PAVEMENT MARKINGS BY THE CONTRACTOR WITH MAINTENANCE AND PROTECTION OF TRAFFIC BY OWNER AGENCY OR CONTRACTOR Plant By Owner Agency By All States Asphalt, Inc $1.350 $1.900 Gorman Asphalt LTD $1.300 $1.800 Gorman Brothers, Inc $1.300 $1.800 Midland Asphalt Materials, Inc $1.370 $1.810 Midland Asphalt Materials, Inc A $1.370 $1.810 Midland Asphalt Materials, Inc B $1.370 $1.810 Midland Asphalt Materials, Inc A $1.370 $1.810 Midland Asphalt Materials, Inc B $1.370 $1.810 Penn-Can Road Materials, Inc $1.320 $1.880 Penn-Can Road Materials, Inc $1.320 $1.880 Penn-Can Road Materials, Inc $1.320 $1.880 The Cady Company $1.300 $1.800 ADDITIONAL PRICE PER LINEAR METER FOR OPTIONAL PAVER PLACED SURFACE TREATMENT OVERLAY SPLICES WITH MAINTENANCE AND PROTECTION OF TRAFFIC BY OWNER AGENCY OR CONTRACTOR Plant By Owner Agency By All States Asphalt, Inc $ $ Gorman Asphalt LTD $ $ Gorman Brothers, Inc $ $ Midland Asphalt Materials, Inc $ $ Midland Asphalt Materials, Inc A $ $ Midland Asphalt Materials, Inc B $ $ Midland Asphalt Materials, Inc A $ $ Midland Asphalt Materials, Inc B $ $ Penn-Can Road Materials, Inc $ $ Penn-Can Road Materials, Inc $ $ Penn-Can Road Materials, Inc $ $ The Cady Company $ $40.000

12 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 12 REQUEST FOR CHANGE: Any request by the agency or contractor regarding changes in any part of the contract must be made in writing to the Office of General Services, Procurement Services Group prior to effectuation. PAYMENT: Payment for paver placed surface treatment in place shall be made at the contract price per unit bid for the actual number of square meters of paver placed surface treatment in place verified by the State or receiving political subdivision and used in the accepted portion of the work. The determination as to quantities involved in this contract shall be accepted as final and binding upon the contractor. A delivery slip stating quantities of hot mix asphalt concrete for paver placed surface treatment shall accompany each shipment. An invoice listing the quantities of paver placed surface treatment in place shall be sent promptly by the contractor to the State s resident engineer or to the political subdivision s representative placing the order. Payment for optional maintenance and protection of traffic (if required) will be made based on the average daily production in square meters per day of completed paver placed surface treatment. Payment for additional flaggers (if required) will be made based on the number of days (computed to the nearest quarter day) that additional flaggers are utilized as directed by the engineer or agency authorized individual. Payment for abrading the existing pavement markings by the vendor, with maintenance and protection of traffic by the owner (if required) will be made based on the number of linear meters at 100 mm wide of pavement markings actually abraded as directed by the engineer or agency authorized individual. Payment for abrading the existing pavement markings by the vendor, with maintenance and protection of traffic by the vendor (if required), will be made based on the number of linear meters at 100 mm wide of pavement markings actually abraded as directed by the engineer or agency authorized individual. No separate payment will be made for maintenance and protection of traffic when this item is used. Payment for paver placed surface treatment overlay splices with maintenance and protection of traffic by the owner (if required) will be made based on the number of linear meters of overlay splices at 1 meter wide actually constructed by the vendor as directed by the engineer or agency authorized individual. Payment for paver placed surface treatment overlay splices with maintenance and protection of traffic by the vendor (if required) will be made based on the number of linear meters of overlay splices at 1 meter wide actually constructed by the vendor as directed by the engineer or agency authorized individual. No separate payment will be made for maintenance and protection of traffic when this item is used. The price per unit arrived at (mutually estimated) by the vendor and the using agency on the Price Calculation Worksheet or the price per unit resultant from the average daily production, whichever is less, shall be the price per unit paid to the vendor. No additional payment shall be due to the vendor for production rates that are not equal to the rate upon which the calculation work sheet price was based. ELECTRONIC PAYMENTS: The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. Contact OSC to obtain an information packet at or to epunit@osc.state.ny.us or visit their website at NOTE TO CONTRACTOR: This Contract Award Notification is not an order. Do not take any action under this contract except on the basis of purchase order(s) from the agency or agencies.

13 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 13 AWARD PENDING: Any contractor given an "Award Pending" for a material item may become eligible for award by reducing their price(s). Acceptable revised pricing for material items shall be considered up to thirty days after date issued that appears on the original Contract Award Notification and again 30 days after that. A supplemental award(s) shall then be published to incorporate contractors whose material pricing is determined to be acceptable. Any contractor given an "Award Pending" for an "optional" item may become eligible for award by reducing its price(s). Acceptable revised pricing for "optional" items will not have time restrictions and will be handled by issuance of Purchasing Memoranda. PRICE REDUCTIONS: s shall be permitted to reduce their pricing any time during the contract term. In addition, contractors may choose to offer lower prices in specific instances or for particular projects. s may do so through the agencies use of the Quick Quote procedure (see below). QUICK QUOTE/PRICE CALCULATION: During the course of this award, agencies may wish to try to obtain lower prices and contractors may wish to lower their contract prices for various reasons, i.e. excess supply, slow business. Each quick quote situation is unique and the price is firm for that particular project only. The use of the quick quote format is optional. Agencies may simply use the contract prices to fill out the price calculation worksheet to determine who has the lowest price. If an agency wishes to try to obtain better pricing they must send a quick quote form to the contractors within proximity of the project. If bid security is an issue, the agency can require bids to be sealed and/or opened publicly. Agencies are to accept the lowest bid meeting their specific need. There are no negotiations permitted following this Quick Quote and prices cannot be changed once offered. Failure to adhere to all quick quote procedures may cause any non-state agency to lose the privilege of using State contracts. If for some reason the lowest bid is not taken, the agency must prepare detailed documentation explaining the action taken (i.e., the low contractor could not provide the product in the time frame required). This explanation along with the worksheets must be made a part of the record. State Agencies are required to send copies of all worksheets along with the purchase order to the Office of the State Comptroller. s are not required to lower prices when they receive a quick quote. They may quote the contract price. However, at no time, may a price be quoted that is higher than the contract price. Materials cost and/or hauling expenses can be lowered by the contractor during the quick quote process. Since price adjustments will be charged/credited to all invoices (after the work is finished), price adjustments are not a factor to be considered when offering quick quote pricing. QUANTITIES: The minimum project size for paver placed surface treatment under this contract shall be 4,200 square meters. This is approximately 0.6 kilometers of two lane highway at 6.1 meters wide. A quantity/price change per day occurs at 12,500 square meters, which is approximately 2.1 kilometers of a 2 lane highway at 6.1 meters wide. A second quantity/price change per day occurs at 25,000 square meters, which is approximately 4.2 kilometers of a 2 lane highway at 6.1 meters wide. INSURANCE: The shall procure and maintain at their own expense Worker s Compensation Insurance and Liability and Property Damage Insurance in accordance with Section Insurance of the Standard Specifications. A correctly completed Certificate of Insurance showing the procurement of all necessary insurance shall be submitted by the contractor to the State or political subdivision prior to the start of paver placed surface treatment. Failure to submit the Insurance Certificate will result in termination of the contract. Forms shall be provided to the contractor by the State or political subdivision at the pre-paver placed surface treatment.

14 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 14 RESTORATION OF DISTURBED AREAS: During the course of the work the shall take reasonable care not to disturb areas outside the existing pavement. Any areas disturbed by the shall be returned to their original condition at no expense to the owner. Any and all debris generated as part of the work shall be removed by the contractor upon completion of the project. SUPERVISION: The contractor is solely responsible for the control and application of materials and other related operations. The State or political subdivision shall designate a paver placed surface treatment Supervisor who will monitor the s operations. All orders pertaining to maintenance and protection of traffic from the paver placed surface treatment Supervisor to the contractor shall be binding on the contractor regardless of who is responsible for maintenance and protection of traffic. The following portions of Section CONTROL OF WORK of the Standard Specifications shall apply to these projects: STOPPING WORK, COOPERATION BY THE CONTRACTOR, CONTRACTOR S RESPONSIBILITY FOR WORK. PRE-PAVER PLACED SURFACE TREATMENT CONFERENCE: The contractor shall schedule a pre-paver placed surface treatment conference with the State or political subdivision at least two weeks prior to the start of work under this contract. At this conference the contractor shall present their proposed schedule, mix design, numbers and type of equipment, and Maintenance and Protection of Traffic Plan (if applicable) to the State or political subdivision for approval. The mix design must clearly show all the target gradations and asphalt content used in the mix design and shall be representative of the materials proposed by the contractor to be used on the project. Adjustments may be required during construction based on field conditions and with the approval of the State or political subdivision. The contractor shall also furnish the State or political subdivision copies of the self-priming paver approval at this time. The contractor shall indicate the aggregate source and the hot mix asphalt concrete source, at this conference. At least one week prior to the start of work under this contract, the contractor shall coordinate the details of the paver placed surface treatment with the owner s representative. WORK HOURS: Work will not be permitted on Sundays and Holidays. If the desires to work overtime on other days, dispensation from the NYS Labor Department must be obtained. CONSTRUCTION DETAILS: The construction details shall comply with the requirements specified in the DETAILED SPECIFICATIONS. DAMAGED OR DEFICIENT AREAS: Prior to acceptance and payment for work under this contract by the State or political subdivision, any paver placed surface treatment that ravels, delaminates, fails to properly cure, or is in any way defective shall be redone to the satisfaction of the State s or political subdivision s representative at the contractor s expense. OPTIONAL PAVER PLACED SURFACE TREATMENT OVERLAY SPLICES WITH MAINTENANCE AND PROTECTION OF TRAFFIC BY THE OWNER: If required by the Engineer or agency authorized individual, the vendor shall construct paver placed surface treatment overlay splices (commonly known as rebates) as per the detail Paver Placed Surface Treatment Overlay Splices. The price includes all costs to properly construct the overlay splice including the costs for cutting the existing pavement, milling overlay splices, and cleaning the pavement in the splice area. Payment shall be by the linear meter of overlay splice at 1 meter wide. Maintenance and protection of traffic shall be the responsibility of the owner.

15 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 15 Optional Paver Placed Surface Treatment Overlay Splice: EDGE OF SHOULDER EDGE OF PAVEMENT 90 PAVEMENT SPLICE CENTERLINE EXISTING PAVEMENT NEW OVERLAY 1M MILLED REBATE CUT PLAN SAME THICKNESS AS TOP COURSE (5/8 INCH) NEW OVERLAY CUT EXISTING PAVEMENT 1M MILLED REBATE SECTION

16 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 16 OPTIONAL PAVER PLACED SURFACE TREATMENT OVERLAY SPLICES WITH MAINTENANCE AND PROTECTION OF TRAFFIC BY THE VENDOR: If required by the Engineer or agency authorized individual, the vendor shall construct paver placed surface treatment overlay splices (commonly known as rebates) as per the detail Paver Placed Surface Treatment Overlay Splices. The price includes all costs to properly construct the overlay splice including the costs for cutting the existing pavement, milling overlay splices, cleaning the pavement in the splice area, and maintaining and protecting traffic. Payment shall be by the linear meter of overlay splice at 1 meter wide. Maintenance and protection of traffic shall be the responsibility of the vendor. OPTIONAL MAINTENANCE AND PROTECTION OF TRAFFIC: The contractor shall submit a per square meter price for maintenance and protection of traffic as prescribed by the specification. When requesting price quotes from the contractors, the purchasing agency may, at their option, include maintenance and protection of traffic by the contractor for the specific project anticipated. If optional maintenance and protection of traffic is included in the price quote request, the contractor shall be responsible for maintenance and protection of traffic. Traffic shall be maintained in accordance with Sections through of the Standard Specifications and the Manual of Uniform Traffic Control Devices (MUTCD). The contractor shall submit a Maintenance and Protection of Traffic Plan for approval to the owner s representative at the pre-paver placed surface treatment conference. Figures 302-8A, A, and of the MUTCD may be used as a basis for development of a Maintenance and Protection of Traffic Plan. These figures from the MUTCD are included in this Contract Award for convenience. Any deviation from the Maintenance and Traffic Plan shall be approved by the State s resident engineer or political subdivision s representative prior to the start of work. Significant deviations from the Maintenance and Protection of Traffic Plan without prior approval of the resident engineer or political subdivision representative shall be cause to stop the work until deviations are corrected to the satisfaction of the State s resident engineer or political subdivision s representative. All necessary flaggers for maintenance and protection of traffic shall be provided by the contractor. A minimum of three flaggers shall be provided while the paver placed surface treatment operation is underway. One shall be stationed at each end of the operation and one shall be stationed with the self priming paver. The contractor shall station flaggers such that communication is maintained between the flaggers. Hand signals, radios, or some other means of communication may be used subject to the approval of the owner. Unless otherwise specified, the highway shall be kept open to traffic at all times. Traffic shall be discontinued on the lane where the paver placed surface treatment is being placed; and as soon as the newly paved surface has been rolled, traffic may be permitted thereon. Traffic shall be maintained at a speed not to exceed 48 kilometer hours during placement of the paver placed surface treatment.

17 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 17 Example of Short Duration Traffic Control For One-Lane Sections on 2-Lane, 2-Way Highways Figure 302-8a Short Duration L ONE LANE ROAD AHEAD ROAD WORK AHEAD END ROAD WORK END ROAD WORK ONE LANE ROAD AHEAD ROAD WORK AHEAD Notes: 1. See sections 232.6, 238.1, 238.2, 238.4, 254.2, 301.2, and subchapter G. 2. Legend: Barricade Cone Drum Flagger or Flashing warning light Signal face Work area 3. L approx. = transition length (see section ).

18 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 18 Figures a and Examples of Traffic Control at Work Areas on One-Way Roadways Figure a: Figure : Short Duration END ROAD WORK END ROAD WORK F F L L LEFT LANE CLOSED 500 FT RIGHT LANE CLOSED 1000 FT LEFT LANE CLOSED 1000 FT LEFT LANE CLOSED 1000 FT RIGHT LANE CLOSED 1/2 MILE ROAD WORK 1 MILE Notes: 1. See sections 231.4, 233.5, 238.2, 238.4, 254.2, 301.2, and subchapter G. F 2. Legend: Barricade Cone arrow panel Flag tree Flashing warning light Work area 3. L approx. = transition length (see section ).

19 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 19 The contractor shall provide construction signs as specified in Section through of the Standard Specifications and in the MUTCD. At a minimum the contractor shall install the following permanent construction signs: SIGN MINIMUM SIZE LOCATION ROAD CONSTRUCTION NEXT MILES G11-1D On main line at start of project in each direction END ROAD WORK W8-2C On main line 150 meters after end of project in each direction ROAD WORK 500 FT W8-1D On main line 150 meters in advance of project in each direction and on major Intersecting roads 150 meters in advance of project STATE LAW FINES DOUBLED FOR SPEEDING IN WORK ZONES 600 mm BY 900 mm On main line 300 meters upstream of ROAD WORK500 FT sign DO NOT PASS R4-1D Spaced every 300 meters along project in each direction (while temporary pavement delineation is in place) Major intersecting roads are defined as State, County, Town, Village, or City roads. The contractor may provide portable signs as shown in Figure 302-1A for lane closures during work hours. The contractor shall provide temporary pavement delineation as specified herein. Pavement delineation shall consist of Reflectorized Pavement Marking Paint as specified in Section 640, Non-Removable Reflectorized Pavement Marking Tape as approved by the owner s representative, Removable Reflectorized Pavement Marking Tape listed on the Department s Approved List, or Removable Raised Reflectorized Pavement Marker Units listed on the Department s Approved List. The color shall be as specified in the MUTCD. The contractor shall place temporary pavement delineation at the end of each work day. A single 600 millimeter length of paint, marking tape, or enough markers to stimulate a 600 millimeter mark shall be placed at 12 meter intervals between adjacent travel lanes along the roadway. The contractor shall not be required to remove the pavement delineation at the end of the paver placed surface treatment. All costs for maintenance and protection of traffic including flagging, pavement delineation, and construction signs are included in the price per square meter for optional maintenance and protection traffic. Additional Flaggers for Maintenance and Protection of Traffic: If the engineer or agency authorized individual determines that more than 3 flaggers are necessary to properly maintain traffic on two way roadways or more than 2 flaggers are necessary to properly maintain traffic on one way roadways and the vendor is responsible for Maintenance and Protection of Traffic under this Contract Award, the vendor shall provide additional flaggers under the Additional Flaggers item. The price per flagger per day includes all costs of providing a flagger where directed by the engineer or agency authorized individual with all the necessary safety equipment, i.e. stop/slow paddle, flag, vest, hardhat, etc. Payment shall be by the day for each flagger provided. A day shall be determined as including the time period between the commencement and completion of work on any calendar day. No extra payment shall be provided if the vendor elects to work a longer day than the standard eight hour work day. Payment shall be made to the nearest quarter day as determined by the engineer or agency authorized individual.

20 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 20 Abrading Existing Pavement Markings with Maintenance and Protection of Traffic by the Owner: If the vendor, with the concurrence of the Resident Engineer or agency authorized individual, determines that it is necessary for the performance of the paver placed surface treatment, the vendor shall abrade the existing pavement markings so that at least 75% of the glass beads in the existing pavement markings are removed. The method of abrading may include sand blasting, water blasting, grinding, or other method approved by the engineer or agency authorized individual. Care shall be taken to avoid damage to passing traffic. All damage to passing traffic caused by the vendor's operations shall be the vendor's responsibility. Traffic will be maintained by the owner. Payment will be made by the linear meter of pavement marking 100 mm wide. Payment for pavement markings wider than 100 mm or for pavement marking symbols will be made by the following method: Width of marking (millimeters) x Linear Meters 100 mm The price for pavement marking abrading includes all labor, materials, and equipment required to abrade the existing pavement markings to the satisfaction of the engineer or agency authorized individual. Abrading Existing Pavement Markings with Maintenance and Protection of Traffic by the Vendor: If the vendor, with the concurrence of the Resident Engineer or agency authorized individual, determines that it is necessary for the performance of the paver placed surface treatment, the vendor shall abrade the existing pavement markings so that at least 75% of the glass beads in the existing pavement markings are removed. The method of abrading may include sand blasting, water blasting, grinding, or other methods approved by the engineer or agency authorized individual. Care shall be taken to avoid damage to passing traffic. All damage to passing traffic caused by the vendor's operations shall be the vendor's responsibility. Traffic will be maintained by the vendor. The vendor shall place temporary pavement delineation as specified elsewhere in the Invitation for Bids under optional maintenance and protection of traffic, unless the paver placed surface treatment will be placed the same day as pavement markings are abraded. The vendor shall make every effort to expeditiously place the paver placed surface treatment in areas where pavement markings have been abraded and temporary pavement delineation is in place. Under no circumstances will temporary pavement delineation be allowed in areas where pavement markings have been abraded for more than 5 calendar days. In this event, the vendor shall be required to place full pavement markings at no cost to the owner. During the pavement markings abrading operation, traffic will be maintained by the vendor in accordance with the MUTCD. The vendor shall submit a proposed Maintenance and Protection of Traffic Plan to the engineer or agency authorized individual for approval. The plan may be based on Figures 302-8A, , and/or A (included in this Contract Award for convenience). Payment will be made by the linear meter of pavement marking 100 mm wide. Payment for pavement markings wider than 100 mm or for pavement marking symbols will be made by the following method: Width of marking (millimeters) x Linear Meters 100 mm The price for pavement marking abrading includes all labor, materials, and equipment required to abrade the existing pavement markings and to properly maintain and protect traffic to the satisfaction of the engineer or agency authorized individual. WORK ZONE INTRUSION INITIATIVE: As a part of the Department of Transportation s Work Zone Intrusion Initiative, the following countermeasures shall apply to this Contract Award.

21 ROAD WORK AHEAD OR WORKER SYMBOL NOTE 1 * COURTESY OF R-3 CONST. GROUP ONE-LANE TWO-WAY TRAFFIC CONTROL FLAGGER STATIONS SUPPLEMENTED WITH FLAG TREE AND CONES * L/3 60m MIN. FLAGGER AHEAD ONE-LANE ROAD AHEAD NOTE 2 30m MAX. BUFFER SPACE CHANNELIZING DEVICE WORK AREA SIMILAR LAYOUT FOR OPPOSING TRAFFIC SHOULDER NOTES: 1. IF CONES ON ARE TO BE PLACED DIRECTLY OPPOSITE SHOULDER TAPER, PROVIDE AN ADDITIONAL 30m MINIMUM BETWEEN FLAGGER AND START OF LANE TAPER. 2. CONES ON MAY BE ELIMINATED FOR NARROW CROSS-SECTIONS. 3. PLACEMENT OF THE FLAG TREE SHOULD BE BEHIND CHANNELIZATION, ON SHOULDER, AT A MINIMUM OF 60m IN ADVANCE OF THE FLAGGER NOT TO EXCEED ½ OF THE DISTANCE BETWEEN FLAGGER SIGN AND FLAGGER. 5/99 One-Lane Two-Way Traffic Control Flagger Stations Supplemented with Flag Tree and Cones: GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 21

22 GROUP LIQUID BITUMINOUS MATERIALS AWARD PAGE 22 Channelizing Device Spacing Reduction: A maximum channelizing device spacing of 12 m shall be provided at stationary work sites where workers are exposed to traffic. This spacing shall be maintained a reasonable distance upstream of workers, and shall be used throughout the work zone. Where tapers are located less than 150 m from the work site (300 m for high speeds) the 12 m spacing shall be used in the taper as well. Drums or vertical panels are preferred for long-duration work zones, and at any locations where the risk of intrusion is high. Traffic cones are normally adequate for work zones set up and removed on a daily basis. In long lane or shoulder closures, at least two channelizing devices shall be placed transversely at maximum 225 m intervals to discourage traffic from driving through the closed lane. Frequent checks shall be made to reset channelizing devices dislodged by traffic. Flagger Station Enhanced Setups: Additional cones and an F5-1 flag tree shall be used upstream of flagger stations to provide added warning to drivers. These devices shall be used for flagger stations except those that are constantly moving or are in use at one location or no more that a few minutes. If the W8-22 Flagger sign is used, the additional cones and flag tree shall also be used. The detail One-Lane Two-Way Traffic Control Flagger Stations Supplemented with Flag Tree and Cones on page 19 provides additional detail on the Flagger Station Enhanced Setup. WAGE RATES: It is incumbent upon the contractor(s) to pay the prevailing rate of wages as established by the New York State Department of Labor at the time of installation. PSG's PROTEST POLICY: It is the policy of the Office of General Services Procurement Services Group (PSG) to provide vendors with an opportunity to administratively resolve complaints or inquiries related to PSG bid solicitations or contract awards. PSG encourages vendors to seek resolution of complaints through consultation with PSG staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written protests. A copy of PSG s Bid Protest Procedures for Vendors may be obtained by contacting the person shown on the front of this document or through the OGS website ( Click on "For Government - Contracts and Purchasing," then "Seller Information," then "Bid Protest Procedures for Vendors."

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