contract award notificationprice per metric ton of unmodified pg 64-22 binder without anti-stripping...

(continued) 21597a.doc/T06mls

State of New York Executive Department Office Of General Services

Procurement Services Group Corning Tower Building - 38th Floor

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

CONTRACT AWARD NOTIFICATION

Title : Group 31503 - BITUMINOUS CONCRETE HOT MIX ASPHALT (Specific Project DOT) (VPP - Second Letting) (Federal & State Funds) Classification Code: 30

Award Number : 21597

Contract Period : September 1, 2008 to December 31, 2009

Bid Opening Date : August 21, 2008

Date of Issue : October 6, 2008

Specification Reference : As Incorporated In The Invitation for Bids and SPEC-912 dated December 7, 2007

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

State Agencies & Vendors Name : Title : Phone : Fax : E-mail :

José DeAndres Purchasing Officer I 518-473-8572 518-474-8676 [email protected]

The Procurement Services Group values your input.

Complete and return "Contract Performance Report" at end of document.

Description

Bituminous concrete is a mixture of stone of various sizes and liquid material. The mixture is heated and proportioned in a bituminous concrete plant and compacted on a road in a heated state. It is used for preventive maintenance activities which ensure that highways and bridges meet or exceed their optimum useful life. PR #21597

http://www.ogs.state.ny.us/purchase/spg/awards/3150321597Can.htm

GROUP 31503 - BITUMINOUS CONCRETE HOT MIX ASPHALT AWARD PAGE 2 (Specific Project DOT) (VPP - Second Letting) (Federal & State Funds)


NOTE: See individual contract items to determine actual awardees.

CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC64178 A.L. BLADES & SONS, INC. 607/324-3636 160798762 7610 County Route 65 Robert U. Blades, Jr. Hornell, NY 14843 Fax: 607-324-0998

E-mail: [email protected] Web Site: www.alblades.com PC64179 AMHERST PAVING, INC. 716/834-4961 161143301 SB 330 Meyer Road David R. Roetzer Amherst, NY 14226 Fax: 716/838-6016 E-mail: [email protected] PC64180 BARRETT PAVING MATERIALS, INC. 315/737-2000 133003901 1223 Albany Road Scot A. Owens Clayville, NY 13322 Fax: 315/737-1249 E-mail: [email protected] PC64181 BROOME BITUMINOUS PRODUCTS INC. 607/729-0498 161275720 SB 416 Prentice Road Daniel W. Gates Vestal, NY 13850 Fax: 607/729-0853 PC64182 COBLESKILL STONE PRODUCTS, INC. 518/234-0221 141646795

P.O. Box 220 Shane J. Strong Cobleskill, NY 12043 Fax: 518/234-0226 E-mail: [email protected] PC64183 EMPIRE PAVING OF SCHENECTADY, INC. 518/356-1119 141703990 SB 1982 Duanesgurg Road Richard Longo Duanesgurg, NY 12056 Fax: 518/356-1354 E-mail: [email protected] PC64184 HANSON AGGREGATES NEW YORK, INC. 315/469-5501 160928494 4800 Jamesville Road Thomas McCambley Jamesville, NY 13078 Fax: 315/469-3133 E-mail: [email protected] PC64185 HUDSON RIVER CONSTRUCTION 518/434-6677 141288472 CO., INC. Eugene D. Hallock III 101 Dunham Drive Fax: 518/434-8638 Albany, NY 12202 E-mail: [email protected] PC64186 N.J. BRUNELL & SON, INC. 518/561-1290 141456087 SB 4019 Route 22 Robert N. Brunell Plattsburgh, NY 12901 Fax: 518/562-2859 E-mail: [email protected] PC64187 PECKHAM ROAD CORPORATION 518/747-3353, Ext. 19 133493213 438 Vaughn Road Michael C. Toben Hudson Falls, NY 12839 Fax: 518/747-4006 E-mail: [email protected] Web Site: www.peckham.com



CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC64188 SUIT-KOTE CORP. 800/622-5636 161177189

1911 Lorings Crossing Road 607/753-1100 Cortland, NY 13045 Paul G. H. Suits

Fax: 607/758-9760 E-mail: [email protected] Web Site: www.suit-kote.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" in 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. 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.

RECYCLED, REMANUFACTURED AND ENERGY EFFICIENT PRODUCTS:

The Procurement Services Group 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

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).



PRICE: General - Clause 24B of the General Specifications has been modified to read:

Price quoted is net per metric ton, furnished, delivered, dumped into approved spreading machines, placed, and compacted totally. The existing bituminous concrete surface (and any surfaces included in this contract that will be overlaid by this contract) shall be treated with tack coat. Tack coat shall be paid under its own item. The price quoted for the tack coat includes furnishing, delivering, and applying the tack coat as indicated. Price adjustments, if any, will be calculated on the basis of the material actually furnished.

The vendor is to furnish all necessary labor and equipment to complete the indicated projects except that the State will supervise and control the operation. Permanent pavement striping will be the responsibility of the State upon completion of the paving after the vendor has vacated the project site. The equipment supplied to place the hot mix asphalt shall meet the requirements of Section 402 of the New York State Department of Transportation Standard Specifications. The equipment supplied to place the tack coat shall meet the requirements of Section 407 of the New York State Department of Transportation Standard Specifications.

Hot mix asphalt pavers shall meet the requirements of Sub-Section 402-3.02, Hot Mix Pavers, of the New York Department of Transportation Standard Specifications. Compaction equipment shall meet the requirements of Sub-Section 402-3.04, Rollers of the Specification. All necessary operators shall be supplied along with the hot mix asphalt paver, rollers and distributor.

The approved hot mix asphalt pavers shall be capable of simultaneously paving the travel lanes and the shoulders. All personnel supplied for the paving shall be qualified and experienced in hot mix asphalt paving.

Unworkable Price Structure: Should the price structure utilized by the parties become unworkable, detrimental or injurious to the State and/or Contractor or result in prices which are not truly reflective of current market conditions, and the price is deemed unreasonable or excessive by the Commissioner and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon 10 days written notice mailed to the contractor to terminate any contract resulting from this bid opening. If the contractor is unable or unwilling to meet contractual requirements in whole or in part based on an unworkable price structure, it shall immediately notify the State of that fact in order that the State may take appropriate action. Such notification shall be in writing and shall be directed to the Office of General Services, Procurement Services Group. Such notification shall not relieve the contractor of its responsibilities under the contract. The State reserves the right to implement changes in price based on unforeseen factors such as dramatic changes in availability, delivery, costs, etc., for product, supplies, etc., that substantively affect the contractor’s business processes or that may impact contract pricing. Such changes may be based on information from the U.S. Bureau of Labor Statistics, industry data, or other sources.



PRICE: (Cont'd) ASPHALT PRICE ADJUSTMENTS:

1. Asphalt price adjustments allowed will be based on the September 1, 2007 average of the F.O.B. terminal price per metric ton of unmodified PG 64-22 binder without anti-stripping agent (base average F.O.B. terminal price) for the hot mix asphalt. The September 1, 2007 average is $379.00 per metric ton. For the tack coat, price adjustments allowed will be based on the September 1, 2007 average of the F.O.B. terminal price per ton of unmodified PG 64-22 binder without anti-stripping agent (base average F.O.B. terminal price). The September 1, 2007 average is $343.00 per ton. The new monthly average terminal price will be determined by the New York State Department of Transportation based on prices of pre-approved primary sources of performance graded binder in accordance with the New York State Department of Transportation Standard Specification.

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

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”, during the contract period starting with August 20, 2008. However, asphalt price adjustments, in accordance with the formula below, will be effective for deliveries made on and after the first of the month (i.e., September 1, 2008) following the adjustment date.

3. The unit prices per metric ton of hot mix asphalt (HMA) and per gallon of tack coat purchased from any

award based on this specification will be subject to adjustment based on the following formulae: Hot Mix

Price Adjustment (per metric ton) =

{New Monthly Average F.O.B. Terminal Price}

- {Base Average F.O.B. Terminal Price}

X Total % Asphalt Plus Fuel Allowance

Tack Coat

Price Adjustment (per gallon) =

{New Monthly Average {Base Average F.O.B. Terminal Price} - Terminal Price}

235 X

Total % Asphalt

Plus Fuel Allowance NEW MONTHLY AVERAGE F.O.B. TERMINAL PRICE:

The average F.O.B. terminal price for unmodified PG 64-22 binder without anti-stripping agent is as determined by the New York State Department of Transportation per New York State Department of Transportation Standard Specification.

BASE AVERAGE F.O.B. TERMINAL PRICE:

The average F.O.B. terminal price of unmodified PG 64-22 binder without anti-stripping agent is as determined by the New York State Department of Transportation as of September 1, 2007.



PRICE: (Cont’d) ASPHALT PRICE ADJUSTMENTS: (Cont'd) TOTAL % ASPHALT PLUS FUEL:

The percentage of total allowable asphalt and fuel for each item is as follows: Item % Asphalt +Fuel Allowance plus Fuel Allowance 402.017901M **** 1 **** 402.018901M **** 1 **** 402.09XX01M 6.20 1 7.20% 402.12XX01M 5.50 1 6.50% 402.19XX01M 4.90 1 5.90% 402.058901M 8.25 1 9.25% 407-90 Tack Coat 35.00 0.2 35.20% 407.02010018 Tack Coat 55.00 0.2 55.20% 407.068X0118M 6.50 1 7.50%

****The conversion factor for Truing & Leveling will be computed separately using the conversion factors for the individual mixtures used.

EXAMPLE: Item 402.09XX01M

Base Average Price = $379.00 New Average Price = $389.00 Total % Asphalt plus Fuel = 7.20% $389.00 - $379.00 x 0.072 = +$0.72 per metric ton

Tack Coat EXAMPLE: Item 702-90

Base Avg. Price = $343.000 $353.000 - $343.000 x 0.352 = +$0.0150 per gallon

New Avg. Price = $353.000 235

Total Allowable Petroleum

+Fuel Allowance represents allowance for energy (fuel, electricity, natural gas) used in the production of asphalt. It is a cost associated with the product and not intended to represent any trucking or hauling of product.

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

Negative Price Adjustment number shall be subtracted from original per metric ton/gallon 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 asphalt price adjustments applicable in effect during the last month of the contract.

Asphalt price adjustments for any contracts that are extended will be based on the new average for the

month in which the work is done applying the same base established for that contract. 5. Asphalt price adjustments allowed by this contract shall be calculated and applied to the original prices.

There will not be asphalt price adjustments unless the change amounts to more than $0.10 per metric ton from the original price for the hot mix and $0.0150 per gallon for the tack coat. In these instances, prices will revert back to the original prices.

6. All asphalt price adjustments will be computed to three decimal places.



PRICE: (Cont’d) ASPHALT PRICE ADJUSTMENTS: (Cont'd) TOTAL % ASPHALT PLUS FUEL: (Cont'd) 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 asphalt price adjustments shall be published by the State and issued to all contract holders whose

responsibility will be to attach the appropriate State notification (based on when the work was performed) to the payment invoice submitted to agency.



Est. Price Metric Per Project Item Tons/ OGS Metric NYSDOT Number County/Location Description Gallons Item# Ton/Gal. Plant# Contractor 1 1V0822 Essex County 402.127301M 4,225 $74.24 10305 N.J. Brunell Route 86 402.018901M 2,125 $81.44 10305 & Son, Inc. Jay Town Line to Jay 702-90 1,500 $ 4.78 30702 RM 86 1202/ 1249 to 1269 Town of Jay 2.0 miles 2 1V0831 Greene County 402.096301M 7,600 $62.50 10285 Peckham Road Route 81 402.018901M 400 $62.50 10285 Corporation County Line to Rte 32 702-90 5,500 $ 3.70 30105 RM 23A 1302/ 1000 to 1062 & 1086 to 1088 Towns of Durham and Greenville 6.4 miles 3 1V0842 Rensselaer County 402.097301M 1,404 $64.25 10001 Hudson River Route 150 402.018901M 865 $64.25 10001 Construction Old Post Road 702-90 1,600 $ 1.95 30101 Co., Inc. to Rte 9&20 RM 150 1401/ 1043 to 1050 Town of Schodack 0.7 mile 4 1V0851 Saratoga County 402.098301M 2,200 $66.30 10014 Peckham Road Route 4 & 32 402.018901M 1,100 $66.30 10014 Corporation Fish Creek to Rte 29 702-90 RM 4 1502/ 3145 to 3152 Village of Schuylerville 0.7 mile 5 1V0861 Schenectady County 402.126201M 2,050 $68.44 10001 Hudson River Route 7 402.018901M 1,250 $68.44 10001 Construction RM 7 1605/ 702-90 2,300 $ 2.15 30101 Co., Inc. 1148 to 1158 Town of Rotterdam 1.0 mile



Est. Price Metric Per Project Item Tons/ OGS Metric NYSDOT Number County/Location Description Gallons Item# Ton/Gal. Plant# Contractor 6 1V0862 Schenectady County 402.127201M 1,300 $70.16 10241 Empire Paving Route 337 402.018901M 800 $71.23 10241 of Schenectady, Rte 159 to 702-90 1,400 $ 3.75 Inc. N. Thompson St. RM 337 1601/ 1005 to 1013 Town of Rotterdam 0.8 mile 7 1V0873 Warren County 402.096301M 2,930 $69.00 10298 Peckham Road Rte 28 402.018901M 1,830 $69.00 10298 Corporation Durkin Road to 702-90 3,565 $ 4.10 30105 Maloney Drive RM 28-1710/ 1065 to 1085 Town of Johnsburg 2.0 miles 8 1V0881 Washington County 402.126201M 2,100 $64.00 10010 Peckham Road Routes 254 & 32 402.018901M 700 $67.00 10010 Corporation GF City Line to Route 4 702-90 1,280 $ 6.80 30105 RM 32 1706/ 1000 to 1004 & RM 254 1802/ 1000 to 1007 Town of Q'by/Village HF 1.1 miles 9 1V0882 Washington County 402.127201M 1,530 $62.00 10343 Peckham Road Route 29 402.018901M 520 $65.00 10343 Corporation Hudson River to 702-90 920 $ 6.15 30105 Fairgrounds RM 29-1804/ 1000 to 1009 Town of Easton 0.9 mile



Est. Price Metric Per Project Item Tons/ OGS Metric NYSDOT Number County/Location Description Gallons Item# Ton/Gal. Plant# Contractor 10 360229 Cortland County 402.096201M 2,250 $70.20 10237 Suit-Kote Corp. Route 13 702-90 1,510 $ 2.00 30301 Route 13/11/41 int. to Cortland N City Line RM 13 3204/ 2015 to 3000 City of Cortland 1.5 miles 11 449032 Monroe County 402.06820118M 19,000 $79.23 10053 Hanson Route I-490 402.058901M 1,000 $93.00 Aggregates Rte 33A to Rte 259 407.02010018 27,000 $ 0.01 30401 New York, Inc. RM 490I 4302/ 1020 to 1095 w/ ramps, truck inspection areas & U-Turns Town of Riga 7.5 miles 12 5V0816 Cattaraugus County 402.098201M 1,410 $97.40 10295 A.L. Blades School & Depot Streets 702-90 860 $ 1.00 0601 & Sons, Inc. & Thorpe Hollow Rd from Rte 219/417 to Seneca Res. Line Towns of Great Valley Seneca Nation 2.3 miles 13 5V0829 Chautauqua County 402.096301M 14,350 $77.90 10260 Amherst Paving, Route 62 702-90 9,040 $ 3.00 30502 Inc. Rte 394 to Catt Co. line RM 62 5201/ 1152 to 1232 Towns of Ellington and Poland 8.0 miles 14 901712 Otsego County 402.096301M 11,700 $61.52 10288 Hanson Route 166 702-90 8,500 $ 0.01 30204 Aggregates RM 166 9401/ New York, Inc. 1143 to 1184 &

1194 to 1208 Towns of Roseboom

& Cherry Valley 7.5 miles



Est. Price Metric Per Project Item Tons/ OGS Metric NYSDOT Number County/Location Description Gallons Item# Ton/Gal. Plant# Contractor 15 904470 Delaware County 402.096301M 9,850 $72.00 10302 Cobleskill Route 30 402.018901M 500 $75.60 10302 Stone Products, Holiday Brook 702-90 20,500 $ 0.01 30301 Inc to Shavertown RM 30 9301/ 1229 to 1299 Town of Colchester & Andes 7.0 miles 16 912050 Chenango County 402.097301M 7,500 $56.15 10237 Suit-Kote Corp. Route 23 402.018901M 3,600 $55.36 10237 Cincinnatus to Pharsalia 702-90 10,100 $ 1.75 30301 RM 23 9201/ 1000 to 1064 Towns of Pitcher & Pharsalia 6.4 miles 17 912053 Otsego 402.096301M 8,100 $67.95 10201 Cobleskill & Delaware Counties 702-90 6,600 $ 2.72 30301 Stone Products, Route 23 Inc. RM 23 9402/3018 to 9303/1027 and RM 23 9303/ 1032 to 1038 Towns of Oneonta & Davenport 4.0 miles 18 916635 Otsego County 402.096301M 5,800 $61.59 10038 Hanson Routes 80 & 51 702-90 3,800 $ 0.01 30204 Aggregates RM 80 9404 1084 to New York, Inc. RM 51 9402 1258 Towns of Edmeston & Burlington 3.3 miles 19 921335 Broome County 402.097301M 10,800 $58.87 10350 Broome Route 79 402.018901M 8,100 $58.87 Bituminous Windsor to 702-90 15,400 $ 1.97 Products, Inc. Harpursville RM 79 9101/ 1068 to 1177 Towns of Windsor & Colesville 10.9 miles 7V0827 Franklin County 402.096201M 3,325 $94.85 10261 Barrett Paving Route 11 402.096201M 1,100 $95.60 10137 Materials, Inc. Village of Malone 702-90 4,623 $ 1.85 10139 RM 11 7207/ 1165-1177 Village of Malone 1.2 miles



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.

CONTRACT PAYMENTS:

Payments cannot be processed by State facilities until the contract products have been delivered in satisfactory condition or services have been satisfactorily performed. Payment will be based on any invoice used in the supplier's normal course of business. However, such invoice must contain sufficient data including but not limited to contract number, description of product or service, quantity, unit and price per unit as well as federal identification number. State facilities are required to forward properly completed vouchers to the Office of the State Comptroller for audit and payment. All facilities are urged to process every completed voucher expeditiously giving particular attention to those involving cash discounts for prompt payment. If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, those entities are required to make payments directly to the contractor. Prior to processing such payment, the contractor may be required to complete the ordering non-State agency's own voucher form. See "Contract Billings" in Appendix B, OGS General Specifications.

ELECTRONIC PAYMENTS:

The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. To obtain an electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact them by e-mail at [email protected] or by phone at 518-474-4032.

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. If a purchase order is not received from the agency listed within two weeks after receipt of this award, the contractor should contact the agency directly requesting the submission of a purchase order. The Agency contact person is Ed Denehy, who can be reached at 518-457-6914.

PSG's DISPUTE RESOLUTION POLICY:

It is the policy of the Office of General Services’ Procurement Services Group (PSG) to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations or contract awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of PSG’s Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this document or through the OGS website (www.ogs.state.ny.us).

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED MINORITY/WOMEN-OWNED BUSINESSES:

In accordance with Article 15-A of the New York State Executive Law (Participation by Minority Group Members and Women with Respect to State Contracts) and in conformance with the Regulations promulgated by the Minority and Women’s Business Development Division of the New York State Department of Economic Development set forth at 5 NYCRR Parts 140-144, the Offerer/Contractor agrees to be bound by the following to promote equality of economic opportunities for minority group members and women, and the facilitation of minority and women-owned business enterprise participation on all covered OGS contracts. a. Equal Employment Opportunity Requirements By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms

and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that the provisions of Appendix A clause 12 – Equal Employment Opportunities for minorities and women, are included in every subcontract in such a manner that the requirements of these provisions will be binding upon each subcontractor as to work in connection with the State contract.



CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED MINORITY/WOMEN-OWNED BUSINESSES: (Cont'd)

b. Participation Opportunities for New York State Certified Minorities and Women-Owned Businesses Authorized Users are encouraged to make every good faith effort to promote and assist the participation of

New York State Certified Minority and Women-owned Business Enterprises (M/WBE) as subcontractors and suppliers on this contract for the provision of services and materials. To locate New York State Certified M/WBEs, the directory of Certified Businesses can be viewed at: http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp

DEBRIEFING:

After contract award, OGS shall, upon request, provide a debriefing to any bidder that responded to the IFB or RFP, regarding the reason that the proposal or bid submitted by the unsuccessful bidder was not selected for a contract award. The post award debriefing should be requested by the bidder within thirty days of posting of the contract award on the OGS website.

DIESEL EMISSION REDUCTION ACT OF 2006 (NEW REQUIREMENT OF LAW):

On February 12, 2007 the Diesel Emissions Reduction Act took effect as law (the “Law”). Pursuant to new §19-0323 of the N.Y. Environmental Conservation Law (“NYECL”) it is now a requirement that heavy duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. They need to be operated exclusively on ULSD by February 12, 2007. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART. As a contract vendor the Law may be applicable to vehicles used by contract vendors “on behalf of” State agencies and public authorities. Thirty-three percent (33%) of affected vehicles must have BART by December 31, 2008, sixty-six percent (66%) by December 31, 2009 and one-hundred percent (100%) by December 31, 2010. The Law provides a list of exempted vehicles. Regulations currently being drafted will provide further guidance as to the effects of the Law on contract vendors using heavy duty diesel vehicles on behalf of the State. The Law also permits waivers of ULSD and BART under limited circumstances at the discretion of the Commissioner of Environmental Conservation. The Law will also require reporting from State agencies and from contract vendors in affected contracts. Therefore, the bidder hereby certifies and warrants that all heavy duty vehicles, as defined in NYECL §19-0323, to be used under this contract, will comply with the specifications and provisions of NYECL §19-0323, and any regulations promulgated pursuant thereto, which requires the use of BART and ULSD, unless specifically waived by NYSDEC. Qualification and application for a waiver under this Law will be the responsibility of the bidder.

SCOPE:

Bituminous Concrete is a mixture of stone of various sizes and liquid material. The mixture is heated and proportioned in a bituminous concrete plant and compacted on a road in a heated state. Once the material cools, it becomes a hard durable material. Bituminous concrete is used for roads, parking lots, tennis courts, sidewalks, bike paths, and for patching same. This contract provide an avenue for preventive maintenance activities which ensure that highways and bridges meet or exceed their optimum useful life.

ESTIMATED QUANTITIES:

The quantities or dollar values listed are estimated only. See "Estimated/Specific Quantity Contracts" in Appendix B, OGS General Specifications.

CONTRACT PERIOD AND RENEWALS:

It is the intention of the State to enter into a contract for the term as stated herein. If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed under the same terms and conditions for additional period(s) not to exceed a total contract term of five (5) years.



SHORT TERM EXTENSION: In the event the 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 one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

CANCELLATION FOR CONVENIENCE:

The State of New York retains the right to cancel this contract, in whole or in part without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing Agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user Agencies.

EMERGENCY PURCHASING:

In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b) of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or services, the Commissioner reserves the right to obtain such products or services from any source, including but not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph.

PAYMENT:

Payment shall be made at contract prices per net metric ton for the actual quantity of material placed by the contractor. Payment shall be made at the contract price per gallon for the actual quantity of tack coat placed by the contractor. Payment adjustments will be applied in Quantity Units for all applicable mixes as described in Sub-Section 401-4, 402-4. The following Index Prices shall be used for all projects contained in this contract:

QUALITY UNIT INDEX PRICES

Region Index Price ($/Mg) 1 $50 2 $45 3 $50 4 $50 5 $50 6 $50 7 $45 8 $65 9 $50 10 $95 11 $115 SITE VISIT:

Vendors shall examine the sites of the projects and become fully knowledgeable of the quantities, character, location and other conditions affecting the work to be performed; including the existence of poles, wires, ducts, conduits, and other facilities and structures of municipal and other public service corporations on, over, or under the site. No claim will be made against the State due to reliance upon any estimates, test or other representations made by an officer or agent of the State with respect to the work to be performed.



PREVAILING WAGE RATES - FEDERALLY FUNDED PUBLIC WORKS CONTRACTS: Work 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 provisions of NYS Labor Law that are in conflict with mandatory Federal-Aid construction contract compliance requirements are superseded. Any provisions of NYS Labor Law that are not in conflict with mandatory Federal-Aid construction contract compliance requirements or the Davis-Bacon Act but are more restrictive shall apply.

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

Enter 2008006324 , the applicable Prevailing Wage Rate Schedule for this project, and press the “Enter” key or click on “Submit”. Next, click on “Original Wage Schedule” beneath the header. This schedule is well over 2,000 pages in length and may require several minutes to open. 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.

The Federal Wage Rate Chart for Broome and Chenango Counties is located on the web at

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NY20080004

The Federal Wage Rate Chart for Cattaraugus and Chautauqua Counties is located on the web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NY20080008

The Federal Wage Rate Chart for Cortland County is located on the web at

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NY20080044 The Federal Wage Rate Chart for Delaware County is located on the web at

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NY20080022 The Federal Wage Rate Chart for Essex County is located on the web at


The Federal Wage Rate Chart for Greene, Rensselaer, Saratoga, Schenectady and Washington Counties is located on the web at

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NY20080002 The Federal Wage Rate Chart for Monroe County is located on the web at

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NY20080011 The Federal Wage Rate Chart for Oneida County is located on the web at


The Federal Wage Rate Chart for Otsego County is located on the web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NY20080039

The Federal Wage Rate Chart for Warren County is located on the web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NY20080041



CONTRACTOR INSURANCE: ADDITIONAL INSURANCE REQUIREMENTS– Prior to commencement of work at the Pre-paving/Pre-production Conference, the Contractor shall file with Authorized User Agency (hereinafter referred to as “Agency”), Certificates of Insurance evidencing compliance with the additional insurance requirements set forth hereafter. Acceptance and/or approval by the Agency does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Contract. The following insurance required by the Contract shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers authorized or licensed to do business in New York State, and acceptable to the Agency; shall be primary and non-contributing to any insurance or self insurance maintained by the Agency; shall be endorsed to provide written notice be given to the Agency, at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail; shall be sent to:

Authorized User Agency Address as stated on purchase order

and shall name The People of the State of New York, its officers, agents, and employees as additional insureds thereunder. The additional insured requirement does not apply to Workers Compensation or Disability coverage. The Contractor shall be solely responsible for the payment of all deductibles and self insured retentions to which such policies are subject. Deductibles and self-insured retentions must be approved by the Agency. Such approval shall not be unreasonably withheld. Each insurance carrier must be rated at least “A-” Class “VII” in the most recently published Best’s Insurance Report. If, during the term of the policy, a carrier’s rating falls below “A-” Class “VII”, the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Agency and rated at least “A-” Class ”VII” in the most recently published Best’s Insurance Report.

The Contractor shall cause all insurance to be in full force and effect as of the commencement date of this Contract and to remain in full force and effect throughout the term of this Contract and as further required by this Contract. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. Not less than thirty (30) days prior to the expiration date or renewal date of an Insurance Policy, the Contractor shall supply the Agency updated replacement Certificates of Insurance, and amendatory endorsements. The Contractor is required by this Contract to obtain and maintain in full force and effect, the following additional insurance with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies) for each project for which Contractor receives a Purchase Order:

a) Commercial General Liability Commercial General Liability Insurance with a limit of not less than $5,000,000 each occurrence. Such liability shall be written on the ISO occurrence form CG CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage.

1. If such insurance contains an aggregate limit, it shall apply separately on a per job basis. b) Commercial Automobile Liability

Comprehensive Business Automobile Liability Insurance with a limit of not less than $2,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles.

c) Commercial Property or Inland Marine Insurance covering the loss or damage to any owned, borrowed, leased or rented equipment, tools, including tools of their agents and employees, staging towers and forms, and property of Agency held in their care, custody and/or control.



CONTRACTOR INSURANCE: (Cont’d)

ADDITIONAL INSURANCE REQUIREMENTS AFTER AWARD - (Cont’d) d) OCP Insurance - Owners and Contractors Protective Insurance Coverage (OCP) is required by the

New York Department of transportation (NYSDOT) on any NYSDOT project on or near active highway right of way. The OCP insurance required shall be $1,000,000 per occurrence and $2,000,000 in the aggregate.

Waiver of Subrogation. Contractor shall cause to be included in each of its policies insuring against loss,

damage or destruction by fire or other insured casualty a waiver of the insurer’s right of subrogation against the Agency, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if Contractor waives or has waived before the casualty, the right of recovery against the Agency or (ii) any other form of permission for the release of the Agency.



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MATERIAL DESCRIPTIONS: The following are the material descriptions of Superpave HMA items that may be included in this contract:

402.017901M Truing & Leveling F9, 70 Series Compaction 402.018901M Truing & Leveling F9, 80 Series Compaction 402.058901M Shim Course F9 402.096101M 9.5 mm F1, 60 Series Compaction 402.096201M 9.5 mm F2, 60 Series Compaction 402.096301M 9.5 mm F3, 60 Series Compaction 402.097101M 9.5 mm F1, 70 Series Compaction 402.097201M 9.5 mm F2, 70 Series Compaction 402.097301M 9.5 mm F3, 70 Series Compaction 402.098901M 9.5 mm F9, Shoulder Course, 80 Series Compaction 402.126101M 12.5 mm F1, 60 Series Compaction 402.126201M 12.5 mm F2, 60 Series Compaction 402.126301M 12.5 mm F3, 60 Series Compaction 402.127101M 12.5 mm F1, 70 Series Compaction 402.127201M 12.5 mm F2, 70 Series Compaction 402.127301M 12.5 mm F3, 70 Series Compaction 402.128901M 12.5 mm F9, Shoulder Course, 80 Series Compaction 402.196901M 19 mm F9, 60 Series Compaction 402.197901M 19 mm F9, 70 Series Compaction 402.256901M 25 mm F9, 60 Series Compaction 402.257901M 25 mm F9, 70 Series Compaction 402.06820118M 6.3 mm F2, Superthin HMA, 80 Series Compaction RESTORATION OF DISTURBED AREAS:

During the course of the work the Vendor shall take reasonable care not to disturb areas outside the existing pavement. Any areas disturbed by the Vendor shall be returned to their original condition at no expense to the State. Any and all debris generated as part of the work shall be removed by the vendor upon completion of the project.

SUPERVISION:

The Department of Transportation shall provide supervision for the paving operation. The Resident Engineer shall designate a Paving Supervisor and that person shall be in responsible charge of the operation. The following portions of Section 105 - CONTROL OF WORK of the Standard Specifications shall apply to these projects: 105-01 STOPPING WORK, 105-08 COOPERATION BY THE CONTRACTOR, 105-15 CONTRACTOR'S RESPONSIBILITY FOR WORK.

PRE-PAVING CONFERENCE

The Vendor shall schedule a Pre-Paving Conference with the affected Resident Engineer within one month after the award of the Contract and at least two weeks prior to the start of paving. At this conference the Vendor shall present Certificates of Insurance evidencing compliance with the additional insurance requirements, their proposed paving schedule, equipment, proposed tack coat application procedure and paving procedure, and Work Zone Traffic Control Plan to the State for approval. At least one week prior to the start of paving, the vendor shall coordinate the details of the paving with the Resident Engineer.

WORK HOURS:

Work shall not be permitted on Sundays and Holidays. If the Vendor desires to work overtime on other days, they must obtain dispensation from the NYS Labor Department. Night work is prohibited unless indicated in the contract documents or agreed to by the Vendor and Department of Transportation. (Additional restrictions may apply. Please see “Special Notes” in Purchasing Memorandum dated 08/07/08 and Invitation for Bids starting on page 33).



TACK COAT: The vendor shall provide and apply bituminous tack coat to all existing hot mix asphalt pavement surfaces to be overlayed in this contract (and to all hot mix asphalt pavement surfaces included in this contract that will be overlayed by this contract). The tack coat shall meet the materials requirements in Section 407-2 of the Standard Specifications. The application of tack coat shall comply with Section 407-3 of the Standard Specifications. Tack coat shall be paid under its own item in gallons.

CONSTRUCTION DETAILS:

The construction details shall comply with the requirements specified in Subsections 401-3.01, 402-3 and 407-3 of the Standard Specifications. The Paving Supervisor shall have sole responsibility for determining compliance with the specifications. All orders given to the Vendor regarding construction details shall be considered final. The tack coat application rate shall be 0.03 to 0.06 gallons per square yard as approved by the Paving Supervisor. The pavement thicknesses and lane and shoulder widths shall be as specified elsewhere in this Contract Award Notification.

ATTENTION - Special Note - Conditioning:

The vendor will not be responsible for the initial conditioning of the existing pavement and shoulder surfaces as described in Section 402-3.05 of the NYSDOT Standard Specifications. Patching, joint repair, crack filling and the initial surface cleaning will be done by NYSDOT forces prior to the VPP project. However, once the VPP overlay placement begins, the vendor is responsible for keeping the pavement and shoulders clean until the overlay operations are completed, as per Section 633-3.01 of the NYSDOT Standard Specifications.

Special Note - Shoulder Edge

The outside edge of shoulder on any course of hot mix asphalt for all projects in this Contract Award Notification shall consist of a one on three tapered section from finished grade to the original surface constructed using a device attached to the screed. Hand work should be minimized. The top of the tapered section shall begin at the dimension indicated in the Project Dimensions table listed elsewhere in this Contract Award Notification. That is, the tapered section will be an additional width of material outside of the paved shoulder width specified in the Project Dimensions table.

Contract Bonds

The Contractor shall provide the State with a Labor and Materials Bond from a Surety Company listed on the U.S. Department of the Treasury listing of Approved Sureties (Treasury Department Circular 570) and licensed to do business in New York State, and with a minimum rating by A.M. Best of (A-) in the “best’s Key Rating Guide”. Treasury Department Circular 570 can be found on the U.S. Department of the Treasury website at www.fms.treas.gov/c570/index.html . The Contractor shall procure and deliver the bond to the State at the Pre-Paving meeting and shall maintain it at its own expense and without expense to the State during the Contract and until three months after the OGS contract ending date. If the contract is extended, the Labor and Materials Bond shall be extended until three months after the new contract ending date. The Surety Company shall append a statement of its financial condition and a copy of the resolution authorizing the execution of Bonds by the officers of the Company to the bond.

Labor and Material Bond. The Contractor shall provide a bond in the form prescribed by the Commissioner of the New York State Department of Transportation (NYSDOT), shown in the NYSDOT Standard Specification for Design and Construction, Sub-Section 103-08 Sample Form of Labor and Material Bond, with sufficient sureties, approved by said Commissioner, guaranteeing prompt payment of monies due all persons supplying the Contractor with labor and materials employed and used in carrying out the contract, which bond shall inure to the benefit of the persons supplying such labor and materials. The amount of the Labor and Material Bond shall be 100% of the amount of the total contract bid price.



103-08 SAMPLE FORM OF LABOR AND MATERIAL BOND. KNOW ALL PERSONS BY THESE PRESENTS, that

(Name of Contractor)

(Address) (hereinafter called the “Principal”) and the _________________________________________________ a corporation created and existing under the laws of the State of _____________ having its principal office in the City of _____________________ (hereinafter called the “Surety”), are held and firmly bound unto the People of the State of New York (hereinafter called the “State”) by and through its Department of Transportation (hereinafter called the “Department”), in the full and just sum of [Total Contract Bid Price or the “A Portion” of Total Contract Bid Price Dollars ($.................)] good and lawful money of the United States of America, for payment of which said sum of money, well and truly to be made and done, the said Principal binds itself, its heirs, executors and administrators, successors and assigns, and the said Surety binds itself, its successors and assigns jointly and severally, firmly by these presents: WHEREAS, said Principal has entered into a certain written contract, on the ____ day of __________, 20____ with the Department of Transportation, 50 Wolf Road, Albany, New York 12232. (Project Description) In the county/counties of which constitutes Contract No. NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall promptly pay all monies due to all persons furnishing labor or materials to it or its Subcontractors in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; Provided, however, that the Comptroller of the State of New York having required the said Principal to furnish this bond in order to comply with the provisions of Section 137 of the State Finance Law, all rights and remedies on this bond shall inure solely to such persons and shall be determined in accordance with the provisions, conditions and limitations of said Section to the same extent as if they were copied at length herein; and Further, provided, that the place of trial of any action on this bond shall be in the county in which the said contract was to be performed, or if said contract was to be performed in more than one county then in any such county, and not elsewhere. IN TESTIMONY WHEREOF, the said Principal has hereunto set his/her (their, its) hand and the said Surety has caused this instrument to be signed by its authorized officer, the day and year above written. Signed and delivered _____ day of _____________ 20____ in the presence of ___________________________________________ ) (Company) By _________________________________________ ) Principal (Signature) ___________________________________________ ) (Title) ___________________________________________ ) (Company) By __________________________________________ ) Surety (Signature) ___________________________________________ ) (Title of Authorized Officer) (The Surety Company shall append a single copy of a statement of its financial condition and a copy of the resolution authorizing the execution of Bonds by officers of the Company to the bond(s).



(Acknowledgment of principal, unless it be a corporation) STATE OF NEW YORK ss. : COUNTY OF______________ On this _____ day of _____________ 20 ___, before me personally came ______________________ to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same. _______________________________ Notary Public (Acknowledgment of principal, if a corporation) STATE OF NEW YORK ss. : COUNTY ______________ On this _____ day of _____________ 20 ___, before me personally came ______________________ to me known and known to me to be the person, who being by me duly sworn, did depose and say that he/she resides in _________________________ that he/she is the ______________________ of the ___________________________ the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said Corporation. _______________________________ Notary Public (Acknowledgment of Surety Company) STATE OF NEW YORK ss. : COUNTY OF ______________ On this _____ day of _____________ 20 ___, before me personally came ______________________ to me known and known to me to be the person, who being by me duly sworn, did depose and say that he/she resides in _____________________ that he/she is the ___________________ of the _________________________________ the corporation described in the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said Corporation. _______________________________ Notary Public State Of New York Office of the Attorney General I hereby approve the foregoing contract and bond as to form and manner of execution.



WORK ZONE TRAFFIC CONTROL The Vendor shall be responsible for Work Zone Traffic Control. Traffic shall be controlled in accordance with Sections 619-1 through 619-3 of the Standard Specifications, the Manual of Uniform Traffic Control Devices (MUTCD), and as described herein. The Vendor shall submit a Work Zone Traffic Control Plan for approval to the Resident Engineer at the Pre-Paving Conference. For two-way roadways, Figures TAST-C5 and TAST-C6, included in this Contract Award Notification may be used as a basis for development of a Work Zone Traffic Control Plan. For one-way low speed (Speed Limit < 45 mph) roadways, Figures TAST-C12, TAST-C13, TAST-C14, and TAST-C15 may be used as a basis for development of a Work Zone Traffic Control Plan. For one-way Freeways or Expressways, Figures TAST-E2, TAST-E3, and TAST-E4 may be used as a basis for development of a Work Zone Traffic Control Plan. All necessary flaggers for work zone traffic control shall be provided by the vendor. For two-way roadways, a minimum of three flaggers shall be provided while the paving operation is underway. One shall be stationed at each end of the operation and one shall be stationed with the paver. For one-way roadways, a minimum of two flaggers shall be provided while the paving operation is underway. One shall be stationed at the beginning of the operation and one shall be stationed with the paver. The vendor 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 Resident Engineer. All costs for Work Zone Traffic Control including flagging, temporary pavement marking, and constructions signs are included in the price per metric ton. No separate payment shall be made.



WORK ZONE TRAFFIC CONTROL: (Cont'd) The contractor shall provide construction signs as specified in Section 619-1 through 619-3 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 WORK NEXT _____ MILES

G20-1 36X18 (900X450 mm) conventional, 48X24 (1200X600 mm) on freeways

On main line upstream of project in each direction

END ROAD WORK G20-2 36X18 (900X450 mm) conventional, 48X24 (1200X600 mm) on freeways

On main line after end of project in each direction

ROAD WORK 500 FT. W20-1 36X36 (900X900 mm) for conventional , 48X48 (1200X1200 mm) for freeways

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

DO NOT PASS R4-1G 24X30 (600X750 mm) conventional

Spaced every 1000 feet along project in each direction (if centerline tracks are used instead of temporary pavement markings)

NO CENTER STRIPE W8-12 36X36 (900X900 mm) conventional

On mainline spaced every 2 miles along project in each direction and after every major intersecting road (if centerline tracks are used instead of temporary pavement markings)

LOW SHOULDER W8-9 30X30 (750X750 mm) for conventional, 48X48 (1200X1200 mm) for freeways

On mainline spaced every 2 miles along project in each direction and after every major intersecting road (if centerline tracks are used instead of temporary pavement markings)

GROOVED PAVEMENT NYW4-5 30X30 (750X750 mm) for conventional (750X750mm), 48X48 (1200X1200) for freeways

On any roadway 500 feet in advance of rebates milled under this contract, but not paved. Remove or cover after paving rebate.

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

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



WORK ZONE TRAFFIC CONTROL: (Cont'd) Special Note - Temporary Pavement Markings:

The contractor shall install and maintain temporary pavement markings on any paved surface without permanent pavement markings before opening it to traffic, before nightfall or before the end of the work day, whichever comes soonest except for areas that are open during the work shift with channelizing devices or flaggers. Temporary pavement markings shall meet the requirements of Section 619 of the Standard Specifications. As indicated in Section 619-3.06 C., two-lane, two way highways may be left unmarked for a maximum of 3 calendar days provided that NO CENTER STRIPE (W8-12) and DO NOT PASS (R4-1) signs are used in conjunction with centerline tracks installed on a 12 m cycle to delineate the centerline location at no additional cost to the state.

All costs for work zone traffic control including flagging, temporary pavement markings, and construction signs are included in the prices per metric ton for the bituminous concrete.

Special Note - Federal Aid Funding

Projects 449032, 5V0829, 901712, 904470, 912050, 912053, 916635, and 921335 will be funded with Federal Aid. All the other projects in this Contract Award Notification will be funded with 100% state funds.

SPECIAL NOTES FOR REGION 1 PROJECTS: LANE CLOSURE RESTRICTIONS: REGION 1 VPP PROJECTS Project 1V0822, Rte 86, Essex County In addition to the below holiday restrictions, lane closures will not be permitted in July, 2009 due to the Ironman Triathalon. The exact dates are not known at this time, but it will take place in July and work will not be permitted on the Friday preceding the event, the Saturday of the event, and the Sunday of the event. The dates for 2008 are July 18-20, 2008. Project 1V0851, Rte. 4&32, Saratoga County In addition to the below holiday restrictions, lane closures will not be permitted Monday thru Friday from 6:00 – 9:00A.M. and from 3:00 – 6:00P.M. Project 1V0861, Rte. 7, Schenectady County In addition to the below holiday restrictions, lane closures will not be permitted Monday thru Friday from 6:00 – 9:00A.M. and from 3:00 – 6:00P.M. Project must coordinate with PIN 1807.57, D260647, Pavement Marking Contract. Project 1V0862, Rte. 337, Schenectady County In addition to the below holiday restrictions, lane closures will not be permitted Monday thru Friday from 6:00 – 9:00A.M. and from 3:00 – 6:00P.M. Project must coordinate with PIN 1807.57, D260647, Pavement Marking Contract. Work shall be completed between June 30 and Aug 29 to avoid impact on school operations. Project 1V0881, Rte. 254 and Rte. 32, Washington County In addition to the below holiday restrictions, lane closures will not be permitted Monday thru Friday from 6:00 – 9:00A.M. and from 3:00 – 6:00P.M. Project 1V0882, Rte. 29, Washington County In addition to the below holiday restrictions, lane closures will not be permitted Monday thru Friday from 6:00 – 9:00A.M. and from 3:00 – 6:00P.M. Also, lane closures will not be permitted August 16-24, 2008 and August 24-30, 2009 due to the Washington County Fair.



All Region 1 Projects shall follow the following holiday restrictions:

There shall be no temporary lane closures permitted on the following dates:

2008 Aug. 29- September 1, 2008 October 10-13, 2008 November 26-30, 2008 December 19 – January 4, 2009

2009 May 23-25, 2009 July 3- 5, 2009 September 4 - 7, 2009 October 10-12, 2009 November 25-29, 2009

Project 1V0851 - No Vibratory Compaction On Project 1V0851, vibratory compaction shall not be allowed. The contractor shall choose a rolling pattern in conjunction with the Resident Engineer that will achieve compaction in accordance with the Standard Specifications. REGION FOUR GENERAL SPECIAL NOTES: 1. All Truing and leveling courses shall be as indicated in the Superpave Hot Mix Asphalt Design Criteria Table. 2. The contractor shall remove any plowable reflective markers in the pavement, prior to paving. The hole left in the existing pavement, shall then be filled with a hot mix asphalt material; 9.5 mixture, or mixture approved by the Resident Engineer. The cost of the removals and pavement repairs shall be included in the price per ton of asphalt. 3. All final striping layouts shall be completed by the Residency for each paving project. 4. Some projects may require loop detectors to be re-established prior to or once paving has been completed. This shall be done by others. 5. Region Four has a policy of matching all cold longitudinal joints by the end of the day. All VPP paving projects and contractors shall adhere to this requirement and shall adjust their operations accordingly. 6. Stop Slow paddles shall be 24” in width and height. 7. The Contractor shall provide traffic protection, when required or as ordered by the Resident Engineer in accordance with the provisions of Table 619-1, “Required Protection for Pavement-edge Drop-offs” as shown in the current issue of the NYSDOT 2006 Standard Specifications, Section 619, and it’s accompanying notes, unless otherwise shown in the Contract Award Notification documents. When barrels are required, they shall be reflectorized. 8. The Contractor shall provide traffic protection for all VPP projects in accordance with section 619-01 through 619-03 of the current issue of the NYSDOT 2006 Standard Specifications. 9. Projects that require milling before paving, shall require that the paving contractor coordinate their work with the milling contractor to minimize disruption to the traveling public and the time traffic is running on a milled surface.



2008 VPP I490 PIN 449032 SPECIAL NOTES:

1. Special Work Zone Traffic Control Standard Sheets on Pages 37 through 40 of this Contract Award Notification shall also apply to this project.

2. Contractor will perform all cleaning operations including initial cleaning.

3. All general special notes listed above shall apply.

4. Contractor shall shim/fill all existing MIARD’s and centerline joint prior to paving, Using Type 5 shim, Item 402.058901M. The width and depth of the shim shall be approximately 600mm x 17mm. The cost for this work is included in the price awarded per metric ton of asphalt. The E.I.C. shall determine the locations for said shim as needed.

5. Contractor must place temporary striping.

6. Contractor must maintain traffic on I 490 ramps at all times.

7. For Project 449032, this project involves paving ramps, ramp shoulders, ramp radiuses, truck inspection areas and U-turns as detailed in the project dimensions section of this contract, in addition to paving mainline and shoulders along 490I.

8. For this project, the contractor shall install all required drop off protection devices, the cost for which shall be included in the price awarded per metric ton of asphalt.

9. The contractor shall reference EI 08-011 in regards to Item 407.02010018 and 402.06820118M. SPECIAL NOTE - Project 5V0816

TRIBAL EMPLOYMENT RIGHTS ORDINANCE The Tribal Employment Rights Ordinance was enacted into law by the Seneca Nation of Indians Tribal Council on June 23, 1993. The intent of the Ordinance is to guarantee the rightful share of business, employment, training, promotion and economic opportunities to qualified Indian workers and Indian-owned businesses on or near the Seneca Territories. The Seneca Nation of Indians Council has the inherent sovereign power to pass laws to implement and enforce the TERO Ordinance to increase employment and business opportunities. The TERO Compliance Plan addressing contracting, subcontracting, employment and training MUST be negotiated with the TERO Director PRIOR to commencing work on the territories. The Seneca Nation of Indians TERO Ordinance requires that all persons and entities performing work or business on the Seneca Territories apply a preference in employment and contracting to qualified Indians; utilizing the work force ration of 51%. In addition every covered employer with a prime contract of $50,000 or more shall pay a one-time fee of 3% of the total amount of the contract. Such fee shall be required prior to commencing work, payable to the Seneca Nation of Indians Treasurer. The Seneca Nations’ authority to collect a fee, or even impose a tax, from persons who seek to use or occupy or simply do business within the Seneca Nation lands is clearly within the Nation’s inherent sovereign powers. That the imposition of a fee or tax will result in increased costs to the party doing business within the territory does not bar enforcement of the requirement.

FOR MORE INFORMATION CONTACT:

SNI TRIBAL EMPLOYMENT RIGHTS OFFICE

(At either location)

Alleghany Territory Cattaraugus Territory PO Box 231 12885 Route 438 Salamanca, NY 14779 Irving, New York 14081 716/945-1790, ext. 3039 716/532-1033, ext. 5413 Fax: 716/945-1565 Fax: 716/532-6178



Special Notes - Project 7V0827 Work Hours and Dates

Work on this project will only be allowed between the hours of 6:00 P.M. and 6:00 A.M. Monday through Sunday. Overtime dispensation requests must be processed for working more than 40 hours per week as stated elsewhere in the Invitation for Bids. Work on Sundays will be permitted on this project only between the hours noted above. If work on this project is started in 2008, all project work must be completed by October 3, 2008. Otherwise, work on this project shall be scheduled and completed between May 17, 2009 and July 31, 2009. Coordination With Milling Contractor

Milling within the entire project limits will be done by others. The Vendor must coordinate with the milling contractor and NYSDOT to complete the Truing and Leveling course within 48 hours of the completion of milling. Installation of Pavement Sensors and Adjustment of Roadway Structures

After the completion of paving the T&L course the contractor will stop operations for at least 1 week but not more than 2 weeks prior to paving the finish course to allow for the installation of pavement sensors and the adjustment of roadway structures by others. Longitudinal Pavement Joints

Longitudinal pavement joints shall be located at the longitudinal pavement markings. Open Traffic Lanes

Between Finney Boulevard and Clay Street a minimum of one lane in each direction must be maintained at all times. Pilot Vehicle - Use of a pilot vehicle is not necessary within the Village of Malone. Funding - Project 7V0827 will be funded with Federal Funds. LANE CLOSURE RESTRICTIONS FOR REGION 9 PROJECTS: For all Region 9 VPP Projects, all travel lanes shall be open to traffic during the following times: 1. Weekdays preceding a holiday (including Fridays preceding a Monday holiday), 12:00 noon to 9:00 PM. 2. Weekdays following a holiday (including Mondays following a Saturday holiday), 6:30 AM to 12:00 noon. The contractor shall schedule operations in a manner that will guarantee adherence to these time restrictions. In the portion of roadway available for travel, a minimum lane width of ten feet shall be maintained. Project 921335 - Time Restrictions Work on Project 921335 shall not be started until after July 4, 2009 and completed by September 3, 2009.



HOT MIX ASPHALT OVERLAY SPLICE (REBATE): The vendor shall install hot mix asphalt overlay splices (pavement terminations) as per the Detail of Hot Mix Asphalt Overlay Splice. Hot mix asphalt overlay splices shall be installed at the areas indicated in the Location Table for Hot Mix Asphalt Overlay Splices. The cost for sawcutting, milling rebates and cleaning pavement in the splice area is included in the price per metric ton of bituminous concrete. Tack coat shall be paid under its own item as specified elsewhere. No separate payments shall be made for hot mix asphalt overlay splices. Immediately after the hot mix asphalt overlay splices are milled a temporary asphalt ramp shall be constructed. A cone or drum shall be installed at the ramp and be equipped with a Type A flashing warning light if left in place at night. No separate payment shall be made for the ramps. The cost shall be included in the price per metric ton of bituminous concrete. Where rebates are milled and ramps are constructed and traffic is to ride on the milled pavement for more than the one work day in which the rebate is milled, GROOVED PAVEMENT signs (NYW4-5) shall be installed on the right side of the roadway, 500 feet upstream of the rebate location. No separate payment shall be made for the GROOVED PAVEMENT sign. The cost shall be included in the price per metric ton of bituminous concrete.



EDGE OF PAVEMENT

45° OR AOBE

EXISTING PAVEMENT CENTERLINE

NEW OVERLAY

9M TRANSITION LENGTH SAWCUT

PLAN

5 m TRANSITION

TOP COURSE SAWCUT

SAME THICKNESS AS TOP COURSE

4m MILLED REBATE

TRUING & LEVELING COURSE

TACK COAT

SECTION

DETAIL OF HOT MIX ASPHALT OVERLAY SPLICE



Special Note: WORK ZONE INTRUSION INITIATIVE As part of the Department of Transportation’s Work Zone Intrusion Initiative, the following countermeasures shall apply to this Contract Award Notification.

Channelizing Device Spacing Reduction

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

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

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

In long lane or shoulder closures, at least two channelizing devices shall be placed transversely at maximum 800 foot 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 a flag tree meeting section 6F.57 of the MUTCD shall be used upstream of flagger stations to provide added warning to drivers. These devices shall be used for flagger stations except those that are constantly moving or are in use at one location for no more than a few minutes. If the W20-7a Flagger sign is required, the additional cones and flag tree shall also be used. The attached details, TAST-C5 and TAST-C6 provide additional details on the Flagger Station Enhanced Setup.

Temporary Rumble Strips:

The contractor shall apply temporary rumble strips at the beginning of the work zone in each direction of travel according to the specification below. The contractor may use either Raised Asphalt Rumble Strips or Raised Removable Tape Rumble Strips.

DESCRIPTION:

This work shall consist of the installation, maintenance and subsequent removal of temporary rumble strips in paving work zones at the locations indicated in the Contract Award Notification or as directed by the Engineer.

MATERIALS:

Rumble strips shall be either constructed in place from a raised strip of asphalt concrete or constructed in place with removable pavement marking tape. Raised removable tape rumble strips shall be formed from black non-reflectorized removable pavement marking tape. Raised asphalt rumble strips shall be formed from hot mix asphalt meeting the requirements of Items 402.058901M or 402.098901M. Tack coat meeting the requirements of Materials Designation 702-90 Asphalt Emulsion Tack Coat shall be used to adhere the rumble strip to the existing pavement.



WORK ZONE INTRUSION INITIATIVE: (Cont’d) CONSTRUCTION DETAILS: Raised Asphalt Rumble Strips:

The roadway surface on which the rumble strips are to be attached shall be dry, free of surface contaminants such as dust or oil, and shall be 8°C or greater unless otherwise authorized by the Engineer. The pavement surface shall be cleaned with compressed air just prior to tack coating and subsequent installation of rumble strips. Temporary rumble strips shall be placed in a succession of three 6 Strip Patterns according to the attached “Suggested Layout Details - Temporary Rumble Strips”. Each strip shall be placed on three meter centers and traversing the full width of each travel lane. On curbed roadways , rumble strips shall end a minimum of 0.9 meters from the curb so as to not interfere with drainage. Rumble strips shall be between 150 mm and 225 mm in width and have a final compacted thickness of 10 mm ±3 mm. Temporary rumble strips shall be formed using a specially constructed rumble strip paver (drag box) pulled transversely across the pavement, or by hand placement between forms fixed to the pavement. If forms are used, they shall be removed prior to compaction of the asphalt mixture. Compaction shall be accomplished using a plate tamper or a static roller. Any raised rumble strips that fail to adhere to the pavement, or become damaged or flattened such that, in the opinion of the Engineer, they are no longer performing their intended function, shall be replaced or repaired by the Contractor to the satisfaction of the Engineer. Any associated damage to the pavement shall also be repaired by the Contractor to the satisfaction of the Engineer. These replacements or repairs shall be made at no additional expense to the Purchasing Agency. When directed by the Engineer, (e.g., prior to the start of the winter plowing season), or prior to the placement of successive pavement courses, the Contractor shall completely remove the rumble strips from the pavement. Rumble strips shall be removed upon completion of work and concurrently with the removal of other temporary traffic control signs and devices. Any pavement that is damaged in the process of removing the rumble strips shall be repaired by the Contractor to the satisfaction of the Engineer at no additional expense to the Purchasing Agency.

Raised Removable Tape Rumble Strips:

The rumble strips shall be formed by applying four layers of removable black preformed pavement marking tape. The tape shall be applied to a clean, dry pavement surface in accordance with the manufacturer’s recommendations. The pavement surface shall be cleaned with compressed air just prior to application of the tape. Temporary rumble strips shall be placed in a succession of three 6 Strip Patterns according to the attached “Suggested Layout Details - Temporary Rumble Strips”. Each strip shall be placed on three meter centers and traversing the full width of each travel lane. On curbed roadways , rumble strips shall end a minimum of 0.9 meters from the curb so as to not interfere with drainage. Sufficient layers of tape shall be applied such that each finished rumble strip has a thickness of 10 mm ± 3mm and is between 150 mm and 225 mm in width. Any raised rumble strips that fail to adhere to the pavement, or become damaged or flattened such that, in the opinion of the Engineer, they are no longer performing their intended function, shall be replaced or repaired by the Contractor to the satisfaction of the Engineer. Any associated damage to the pavement shall also be repaired by the Contractor to the satisfaction of the Engineer. These replacements or repairs shall be made at no additional expense to the Purchasing Agency. When directed by the Engineer, (e.g. prior to the start of the winter plowing season), or prior to the placement of successive pavement courses, the Contractor shall completely remove the rumble strips from the pavement. Rumble strips shall be removed upon completion of work and concurrently with the removal of other temporary traffic control signs and devices. Any pavement that is damaged in the process of removing the rumble strips shall be repaired by the Contractor to the satisfaction of the Engineer at no additional expense to the Purchasing Agency.

BASIS OF PAYMENT: All costs for the installation, maintenance and removal of temporary rumble strips shall be included in the price per metric ton. No separate payment shall be made.



Suggested Layout Details -- Temporary Rumble Strips

2,500

’

6 Strip Pattern

6 Strip Pattern

6 Strip Pattern

6 Strip Pattern

6 Strip Pattern

6 Strip Pattern

1,500

’

2 – Lane Highways Multi – Lane Expressways

START OF WORK

400’

50’

50’

START OF WORK

12/95

ROAD WORK

1500 FT

PAVEMENT ENDS 500 FT

ROAD WORK 1 MILE

RIGHTLANE CLOSED¼ MILE

RIGHT LANE

CLOSED ½ MILE

DETOUR 1000 FT

500’

500’

500’

to 1,0

00’

500’

1,500

’

500’

400’

50’

50’

500’

to 1,0

00’

500’

to 1,0

00’



SUPERPAVE HOT MIX ASPHALT: The following are design criteria for SUPERPAVE Hot Mix Asphalt Items for projects contained in this Contract Award Notification:

Project # Item 80 kN ESAL's Aggregate Size PG Binder 1V0822 402.127301M < 3.0 Mil 12.5 mm PG 64-22

402.018901M < 3.0 Mil 9.5 mm PG 64-22 1V0831 402.096301M < 3.0 Mil 9.5 mm PG 64-22








402.018901M < 10.0 Mil 9.5 mm PG 64-22 360229 402.096201M < 10.0 Mil 9.5 mm PG 64-22 449032 402.06820118M * 6.3 mm PG 64-22 ER

402.058901M N/A N/A PG 64-22 5V0816 402.098201M <0.3 Mil 9.5 mm PG 64-22 5V0829 402.096301M < 3.0 Mil 9.5 mm PG 64-22 901712 402.096301M <3.0 Mil 9.5 mm PG 64-22 904470 402.096301M <3.0 Mil 9.5 mm PG 64-22

402.018901M <3.0 Mil 9.5 mm PG 64-22 912050 402.097301M < 3.0 Mil 9.5 mm PG 64-22

402.018901M < 3.0 Mil 9.5 mm PG 64-22 912053 402.096301M < 3.0 Mil 9.5 mm PG 64-22 916635 402.096301M < 3.0 Mil 9.5 mm PG 64-22 921335 402.097301M <3.0 Mil 9.5 mm PG 64-22 402.018901M <3.0 Mil 9.5 mm PG 64-22 7V0827 402.096201M <10.0 Mil 9.5 mm PG 64-22 402.096201M <10.0 Mil 9.5 mm PG 64-22 * 75 Gyration Mix



PROJECT DIMENSIONS: Information on pavement and shoulder widths for Department of Transportation Bituminous Concrete Delivered Contracts are listed for information purposes only. The dimensions listed are the best information available, but 100% accuracy is not guaranteed. Contractors should visit the project site to confirm the dimensions given and familiarize themselves with the project particulars. The Department assumes no responsibility for erroneous information listed herein. The pavement width listed is the total width of all the travel lanes. The shoulder width is for one shoulder only.

Travel Lanes Lane Shoulder Project Resurfacing Width (ft.) Width (ft.) Width (ft.) Number Number Items Depth (mm) (total) (one lane) (one shldr) Lanes 1V0822 402.127301M 40 24 12 4 2 402.018901M 25 24 12 4 2 1V0831 402.096301M 40 20 - 22 10 - 11 2 - 10 2 402.018901M varies -- wheel ruts 0 2 1V0842 402.097301M 40 22 11 varies 2 402.018901M 25 22 11 varies 2 1V0851 402.098301M 40 24 12 9.5 2 402.018901M 25 24 12 9.5 2 1V0861 402.126201M 40 24 12 4 2 402.018901M 25 24 12 4 2 1V0862 402.127201M 40 22 11 4 2 402.018901M 25 22 11 4 2 1V0873 402.096301M 40 22 11 4 2 402.018901M 25 22 11 4 2 1V0881 402.126201M 40 40 20 0 2 402.018901M varies 22 11 0 2 1V0882 402.127201M 40 22 - 24 12 3 - 5 2 402.018901M varies varies -- 0 2 360229 402.096201M 40 48-64 12 8 4 449032 402.06820118M 25 48-64 12 Rt 10, Lt 6 4 402.058901M 17 miards & C/L Joint - N/A Ramp 449032 I-490 Ramps Length Rte 36 on @ 490I WB 402.06820118M 25 14 14 varies 3 to 10 1 2115 Rte 36 off and Truck Inspection @ 490I WB 402.06820118M 25 14 14 varies 3 to 10 1 3115



GENERAL INFORMATION (Cont’d) PROJECT DIMENSIONS: (Cont'd Travel Lanes Lane Shoulder Project Resurfacing Width (ft.) Width (ft.) Width (ft.) Number Ramp Number Items Depth (mm) (total) (one lane) (one shldr) Lanes Length Rte 36 on and Truck Inspection @ 490I EB 402.06820118M 25 14 14 varies 3 to 10 1 3690 Rte 36 off @ 490I EB 402.06820118M 25 14 14 varies 3 to 10 1 1060 Truck Inspection @ 490I WB 402.06820118M 25 44 n/a n/a 1 305 Truck Inspection @ 490I EB 402.06820118M 25 44 n/a n/a 1 350 449032 I-490 U-Turns Churchville @ MM1036 402.06820118M 25 25 25 NA 1 200 Chili @ MM1086 402.06820118M 25 25 25 NA 1 300 5V0816 402.098201M 40 21 10.5 0 2 5V0829 402.096301M 40 22 11 8 2 901712 402.096301M 40 24 12 8 2 904470 402.096301M 40 22 11 4 2 402.018901M varies varies varies - 2 912050 402.097301M 40 22 11 8 2 402.018901M 19 22 11 1 2 912053 402.096301M 40 22 - 36 11-12 8 2,3 916635 402.096301M 40 22 11 4 2 921335 402.097301M 25 22-24 11-12 3-12 2 402.018901M 19 22-24 11-12 3-6 2 7V0827 402.096201M 40 44-76 22 N/A 2-5 402.096201M 12.5 44-76 22 N/A 2-5



REBATES: Project Rebate Location Width (Feet) 1V0822 RM 86 1202 1249 22 RM 86 1202 1269 22 1V0831 RM 81 1302 1000 26 RM 81 1302 1023 (bridge) 26 RM 81 1302 1023 +/- 100 (bridge) 26 RM 81 1302 1062 26 1V0842 RM 150 1401 1043+70' 45 RM 150 1401 1045-160' 45 RM 150 1401 1045 45 RM 150 1401 1050-35' 45 1V0851 RM 4 1502 3145 40 RM 29 1503 3099 30 RM 29 1503 3102 30 RM 4 1502 3152 40 1V0861 RM 7 1605 1148 32 Bridge approach 44 Bridge approach 44 RM 7 1605 1158 32 1V0862 RM 337 1601 1005 30 RM 337 1601 1013 30 1V0873 RM 28 1710 1065 30 RM 28 1710 1085 30 1V0881 RM 32-1706 1000 + 100' 44 RM 32-1706 1004 + 100' 44 RM 254 1802 1000 +/- 28 RM 254 1802 1007 +/- 28 1V0882 RM 29 1804 1000 - 30' +/- (Bridge) 32 RM 29 1804 1000 + 45' +/- (Bridge) 32 RM 29 1804 1001 +/- (Bridge) 32 RM 29 1804 1009 +/- 28 360229 No rebates



REBATES: (Cont'd) Project Rebate Location Width (Feet) 449032 Rte 36 on ramp @ 490I WB 80 Rte 36 off ramp @ 490I WB 55 Rte 36 on ramp @ 490I EB 70 Rte 36 off ramp @ 490I EB 62 490I @ Black Creek Bridge EB ( 2 @ 50) 100 490I @ Black Creek Bridge WB (2 @ 50) 100 5V0816 School St @ 417/ 219 intersection 21 Depot St @ 417/ 219 intersection 21 Thorpe Hollow Rd @ 417/ 219 intersection 21 Thorpe Hollow Rd @ Seneca Nat. Border 21 5V0829 RM 62 5201 1152 @ Rte 394 38 RM 62 5201 1232 @ Rte 83 38 901712 RM 166 9401 1143 @ CR 33 52 RM 166 9401 1184 40 RM 166 9401 1194 40 EB US RTE 20 RAMPS 60 WB US RTE 20 RAMPS 70 RM 166 9401 1208 40 904470 RM 30 9301 1229 30 RM 30 9301 1299 30 912050 RM 23 9201 1000 38 RM 23 9201 1064 38 912053 RM 23 9402 3018 40 RM 23 9303 1027 40 RM 23 9303 1032 40 RM 23 9303 1038 40 916635 RM 80 9403 1084 30 RTE. 51 INT. RM 51 9402 1249+1 42 RM 51 9402 1258 30 BIN 1030850 RM 1102, W. SIDE 30 BIN 1030850 RM 1102, E. SIDE 30 921335 RM 79 9101 1068 40 RM 79 9101 1177 110 Ramp to I-88 EB 45 Ramp to I-88 WB 45 I-88 EB off Ramp 45 I-88 WB off Ramp 45 7V0827 RM11-7207-1165 @ S. Malone Vill. 62 RM22-7207-1165 @ N. Malone Vill. 62



ITEM 402.06810118M 6.3-mm F1 POLYMER-MODIFIED HMA, 80 SERIES COMPACTION ITEM 402.06811118M PLANT PRODUCTION QUALITY ADJUSTMENT TO 402.06810118 ITEM 402.06820118M 6.3-mm F2 POLYMER-MODIFIED HMA, 80 SERIES COMPACTION ITEM 402.06821118M PLANT PRODUCTION QUALITY ADJUSTMENT TO 402.06820118 ITEM 402.06830118M 6.3-mm F3 POLYMER-MODIFIED HMA, 80 SERIES COMPACTION ITEM 402.06831118M PLANT PRODUCTION QUALITY ADJUSTMENT TO 402.06830118 DESCRIPTION This work shall consist of developing a Polymer-Modified HMA mixture and constructing it in accordance with the contract documents and as directed by the Engineer. This mixture requires the use of Item 407.02010018, Tack Coat for 6.3-mm Polymer-Modified HMA, as the tack coat. MATERIALS The materials and composition for Polymer-Modified mixtures shall meet the requirements specified in §401-2 Materials, except as noted herein. Produce Polymer-Modified HMA in accordance with the procedures outlined in this specification and Material Method 5.16, Superpave Hot Mix Asphalt Mixture Design and Mixture Verification Procedures, except as modified below: Formulate and submit to the Regional Materials Engineer a Polymer-Modified HMA design, which satisfies design criteria outlined in this specification. The minimum PG Binder content shall not be less than 6.0%.

6.3-mm Polymer-Modified HMA Design Control Points Percent Passing Criteria Standard Sieves

(mm) Maximum Minimum 9.5 100

6.30 100 90 4.75 90 --- 2.36 70 37 0.075 10 2

6.3-mm Polymer-Modified HMA Mixture Additional Aggregate Criteria Coarse Aggregate

Angularity (Percent), minimum

Uncompacted Void Content of Fine

Aggregate (Percent), minimum

Flat-and-elongated Particles (Percent),

maximum

Sand Equivalent (Percent), minimum

95/90 43 10 45



MATERIALS (Cont'd)

6.3-mm Polymer-Modified HMA Volumetric Design Criteria % Voids Filled with Binder % Gmm

@ Ninitial minimum maximum % Voids in the Mineral Aggregate, minimum

< 90.5 70 78 16

6.3-mm Polymer-Modified HMA Design Number of Gyrations Compactive Effort Ninitial Ndesign Nmaximum

Number of Gyrations 7 75 115

6.3-mm Polymer-Modified HMA Production Gradation Tolerances Sieve Size (mm) 9.5 6.3 4.75 2.36 1.18 0.600 0.300 0.150 0.075

Tolerance ± 4 ± 4 ± 3 ± 3 ± 3 ± 2 ± 2 ± 2 ± 2 1. Coarse Aggregate Type F1 Conditions 1. Limestone, dolomite, or a blend of the two having an acid insoluble residue content of not less than 20.0% 2. Sandstone, granite, chert, traprock, ore tailings, slag, or other similar noncarbonated materials

3. Use gravel or blend two or more of: gravel, limestone, dolomite, sandstone, granite, chert, traprock, ore tailings, or other similar materials to produce a final blend of which the noncarbonate plus 2.36-mm particles must comprise at least 30.0% of the total aggregate. In addition, at least 95.0% of the plus 4.75-mm particles must be noncarbonate.

2. Coarse Aggregate Type F2 Conditions 1. Limestone, dolomite, or a blend of the two having an acid insoluble residue content of not less than 20.0% 2. Sandstone, granite, chert, traprock, ore tailings, slag, or other similar noncarbonated materials

3. Use gravel or blend two or more of: gravel, limestone, dolomite, sandstone, granite, chert, traprock, ore tailings, or other similar materials to produce a final blend of which the noncarbonate plus 2.36-mm particles must comprise at least 10.0% of the total aggregate. In addition, at least 20.0% of the plus 4.75-mm particles must be noncarbonate.

3. Coarse Aggregate Type F3 Conditions 1. Limestone or a blend of limestone and dolomite having an acid insoluble residue content of not less than

20.0% 2. Dolomite 3. Sandstone, granite, chert, traprock, ore tailings, slag, or other similar noncarbonate materials

4. Use gravel or blend two or more of: gravel, limestone, dolomite, sandstone, granite, chert, traprock, ore tailings, or other similar materials to produce a final blend of which the noncarbonate plus 2.36-mm particles must comprise at least 10.0% of the total aggregate. In addition, at least 20.0% of the plus 4.75-mm particles must be noncarbonated.



PG Binder. Use the appropriate Performance-Graded Binder (PG Binder), as listed in the PG Binder Selection table below, in the production of these mixtures that meets AASHTO M 320 - Standard Specification for Performance-Graded Asphalt Binder. Elastic Recovery testing is to be preformed in accordance with ASTM D6084-04, Testing Procedure A, at 25°C on Rolling Thin Film Oven (RTFO) Binder Sample. In addition, the PG Binder must meet the following requirements: Upstate. Use of polyphosphoric acid (PPA) to modify PG binder properties is prohibited. This prohibition also applies to the use of PPA as a cross-linking agent for polymer modification. “Upstate” is defined as all other counties not listed in “Downstate”. Downstate. Polyphosphoric (PPA) is the only type of acid allowed when PG binders are modified using acid. The use of PPA modified PG binder is prohibited for mixtures containing limestone, limestone as an aggregate blend component, limestone as a constituent in crushed gravel aggregate, or recycled asphalt pavement (RAP) that includes any limestone. This prohibition also applies to the use of PPA as a cross-linking agent for polymer modification. “Downstate” is defined as the counties of Orange, Rockland, Putnam, Westchester, Nassau, Suffolk, and the City of New York.

PG Binder Selection

Location PG Binder

Upstate 1 PG 64-22 with a minimum of 60% Elastic Recovery

Downstate PG 76-22 with a minimum of 60% Elastic Recovery

NOTES: 1. For Dutchess County “High Volume” roadways use the “Downstate” requirements. “High Volume is defined as 2 or 3 lane highways with design year two-way AADT over 8,000, or for more than three lanes, with two-way AADT over 13,000.

Other PG Binder grades allowed only with the approval of the Director of the Materials Bureau. Reclaimed Asphalt Pavement (RAP). The maximum RAP blend portion is 20% by mass of the total mixture.



CONSTRUCTION DETAILS The provisions of §401-3 and §402-3, Construction Details, will apply except as modified herein. Use Item 407.02010018, Tack Coat for 6.3-mm Polymer-Modified HMA, as a tack coat.

Required Number of Passes by the Compaction Train ¹ Option 1

Three Roller Train (Static) Option 2

Vibratory Rollers Pavement Course Steel Wheel Roller

Passes Pneumatic

Roller Passes Vibratory

Roller Passes Static

Roller Passes 6.3-mm

Polymer-Modified HMA

4 2 2 2

1-These are recommended number of roller passes. Engineer-in-Charge may change the number of passes as needed. Report the air void test values to the nearest 0.01 of a percent and aggregate gradation test values to the nearest 0.1 of a percent. When determining test result acceptability, the air void test value is referenced to the mix design median of 4.00 percent and the gradation test value is referenced to the Job Mix Formula (JMF) target value. METHOD OF MEASUREMENT The provisions of §401-4 and §402-4, Method of Measurement, shall apply except as modified herein. When any material with plant air voids of less than 2% or greater than 6% which results in daily QAF of 0.85, the Engineer will evaluate the subject material to determine if it will be left in place. The considerations for determining whether the material in question is left in place are, but not limited to: ! Type of material produced. ! The layer in which the material was placed. ! The location of the project. Use the Air Voids in Plant Mixture table to determine the Quality Adjustment Factor (QAF) in accordance with §401-4, Method of Measurement.



AIR VOIDS IN PLANT MIXTURE

(Volumetric Designs) Average Absolute

Value (Test Value - 4.0)

Quality Adjustment Factor

(QAF) 0.00 - 0.17 1.05 0.18 - 0.33 1.04 0.34 - 0.50 1.03 0.51 - 0.67 1.02 0.68 - 0.83 1.01 0.84 - 1.00 1.00 1.01 - 1.10 0.99 1.11 - 1.20 0.98 1.21 - 1.30 0.97 1.31 - 1.40 0.96 1.41 - 1.50 0.95 1.51 - 1.60 0.94 1.61 - 1.70 0.93 1.71 - 1.80 0.92 1.81 - 1.90 0.91 1.91 - 2.00 0.90 over 2.00 0.85

Delivery Ticket Mix Coding2 Mix Type Code Code 1

Design ESAL Code

Consensus Properties Code

PG Binder Type Code

6.3-mm 06 F1 <30.0 million 2 <100 mm Y PG 64-22 B ---- ---- F2 ---- ---- ---- ---- PG 76-22 E ---- ---- F3 ---- ---- ---- ---- ---- ----

Notes: 1. Friction Aggregate Classification Codes 2. Delivery Ticket Mix Coding Example: 6.3-mm, Type F2 friction requirements, PG 64-22 with a minimum of 60% Elastic Recovery - Mix Coding on Delivery Ticket: 06F22YB. BASIS OF PAYMENT The provisions of §402-5 Basis of Payment shall apply. Payment will be made under:

ITEM NO. ITEM PAY UNIT 402.06810118M 402.06811118M 402.06820118M 402.06821118M 402.06830118M 402.06831118M

6.3-mm F1 Polymer-Modified HMA, 80 Series Compaction Plant Production Quality Adjustment to 402.06810118 6.3-mm F2 Polymer-Modified HMA, 80 Series Compaction Plant Production Quality Adjustment to 402.06820118 6.3-mm F3 Polymer-Modified HMA, 80 Series Compaction Plant Production Quality Adjustment to 402.06830118

Metric Ton Quality Unit Metric Ton Quality Unit Metric Ton Quality Unit



ITEM 407.02010018 TACK COAT FOR 6.3-mm POLYMER-MODIFIED HMA DESCRIPTION This work shall consist of using an asphalt emulsion as a tack coat for the 6.3-mm Polymer-Modified HMA mixture. Tack Coat for 6.3-mm Polymer-Modified HMA shall be constructed in accordance with these specifications and in reasonably close conformity with the required lines, grades, thicknesses, and typical sections shown on the plans or established by the Engineer. All necessary pavement repairs, crack sealing, joint sealing, pavement marking removal, utility grade adjustments, and milling of rebates will be paid under appropriate items. MATERIALS Use RS-1h (Material Designation 702-3002) or CRS-1h (Material Designation 702-4002) emulsion as a tack coat. Other emulsions with similar properties and set times as the above emulsions may be used with the approval of the Director, Materials Bureau. CONSTRUCTION DETAILS The provisions of §407-3, Construction Details, shall apply. METHOD OF MEASUREMENT The quantity to be paid for will be to the nearest whole gallon of asphalt emulsion for tack coat measured at 60°F. The following formula will be used to calculate material quantity at 60°F:

Volume60°F = VolumeD x [1 - (∆T x 0.00025)]

∆T = Delivered Temperature (°F) - 60 VolumeD = Quantity Delivered (Gal)

BASIS OF PAYMENT The unit price bid per gallon for tack coat shall include the cost of furnishing all labor, materials and equipment necessary to complete the work. Payment will be made under: ITEM NO. ITEM PAY UNIT 407.02010018 Tack Coat for 6.3-mm Polymer-Modified HMA Gallon



State of New York

Office of General Services PROCUREMENT SERVICES GROUP

Contract Performance Report Please take a moment to let us know how this contract award has measured up to your expectations. If reporting on more than one contractor or product, please make copies as needed. This office will use the information to improve our contract award, where appropriate. Comments should include those of the product’s end user. Contract No.: Contractor. Describe Product* Provided (Include Item No., if available): *Note: “Product” is defined as a deliverable under any Bid or Contract, which may include commodities (including

printing), services and/or technology. The term “Product” includes Licensed Software. Excellent Good Acceptable Unacceptable • Product meets your needs • Product meets contract specifications • Pricing CONTRACTOR Excellent Good Acceptable Unacceptable • Timeliness of delivery • Completeness of order (fill rate) • Responsiveness to inquiries • Employee courtesy • Problem resolution Comments: (over) Agency: Prepared by: Address: Title: Date: Phone: E-mail: Please detach or photocopy this form & return by FAX to 518/474-2437 or mail to:

OGS PROCUREMENT SERVICES GROUP Customer Services, 37th Floor

Corning 2nd Tower - Empire State Plaza Albany, New York 12242

* * * * *

contract award notificationprice per metric ton of unmodified pg 64-22 binder without anti-stripping...

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