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1 State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York PAGE 69 1 ST SUPPLEMENTAL CONTRACT AWARD NOTIFICATION Title : Group FINE AND COARSE AGGREGATES (All State Agencies and Political Subdivisions) Classification Code: 11 Award Number : (Replaces Award 19674) Contract Period : May 15, 2007 to May 14, 2009 Bid Opening Date : January 9, 2007 Date of Issue : September 10, 2007 Specification Reference : Contractor Information : Name : Title : Phone : Fax : State Agencies & Vendors Marcos Ortiz Purchasing Officer I marcos.ortiz@ogs.state.ny.us As Incorporated In The Invitation for Bid and Purchasing Memoranda dated January 5, 2007 Appears on Page 2 of this Award Address Inquiries To: Political Subdivisions & Others Phone : Fax : Customer Services customer.services@ogs.state.ny.us The Procurement Services Group values your input. Complete and return "Contract Performance Report" at end of document. Description Fine and Coarse Aggregates is sand, stone and crusher run for construction. It is also used in the repair of washouts, sinkholes, pavement sub-base problems, drainage installations and other road problems. This award contains a calculation worksheet and a quick quote worksheet. PR # a1.doc

2 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 70 NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC63502 ALLIANCE PAVING MATERIALS, INC. 315/ SB 846 Lawrence Street Vincent Ocuto Rome, NY Fax: 315/ jim@ocuto.com PC63132 CALLANAN INDUSTRIES, INC. 800/ P. O. Box / Ext. 207 Albany, NY Glenn R. DiMeo Fax: 518/ gdimeo@callanan.com PC63503 CUSHING STONE COMPANY, INC. 518/ SB 725 State Highway 5S James M. Loucks Amsterdam, NY Fax: 518/ cushingstone@cranesville.com PC63142 DUTCHESS QUARRY & SUPPLY CO., INC. 845/ SB 49 Arborio Rd. PO Box 651 John P. Arborio Pleasant Valley, NY Fax: 845/ dqsco@aol.com PC63504 J. GONYEA ENTERPRISES, INC. 518/ SB 134 River Road Henry B. Gonyea Malone, NY Fax: 518/ % cash discount for payment within hgonyea@northnet.org 15 days of delivery and/or receipt of voucher 2% cash discount for payment within 30 days of delivery and/or receipt of voucher Accepts Procurement Card for orders up to $10,000 PC63156 PECKHAM MATERIALS CORP. 518/ Ext Union Street Ext. Joe Wildermuth Athens, NY Fax: 518/ jwild@peckham.com Web Site: PC63159 SUIT-KOTE CORPORATION 800/ Lorings Crossing Rd 607/ Ext. 332 Cortland, NY Mark L. Edsall Fax: 607/ medsall@suit-kote.com Web Site: PC63165 WILLIAM E. DAILEY, INC. 802/ Airport Road Brian Lent Shaftsbury, VT Fax: 802/ blent@peckham.com Web Site: a1.doc

3 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 71 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) a1.doc

4 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 72 PRICE: Net Pricing - Clause 24b of the General Specification is modified to include the following: Price quoted shall include all customs duties and charges and be F.O.B. plant per net metric ton, net metric ton kilometer, and additional charges per net metric ton for hauling M and M. Periodic Price Adjustment Every three months the base bid prices shown in the initial CONTRACT AWARD NOTIFICATION may be adjusted in accordance with changes in the US Bureau of Labor Statistics (BLS). Please see chart below for applicable dates. DATES FOR IMPLEMENTATION: Effective Date for Adjustment BLS Month for Calculation PPI Base Month April 1, 2007 February 2007 January 2007 July 1, 2007 May 2007 January 2007 October 1, 2007 August 2007 January 2007 January 1, 2008 November 2007 January 2007 April 1, 2008 February 2008 January 2007 July 1, 2008 May 2008 January 2007 October 1, 2008 August 2008 January 2007 January 1, 2009 November 2008 January 2007 There will be one BLS index used for product. The BLS values will be Not Seasonally Adjusted. The index is: FOR PRODUCT Producer Price Index (PPI) Series ID: PCU Industry: Stone Mining & Quarrying Product: Stone Mining & Quarrying The base value for calculations shall be for JANUARY CALCULATION METHOD: (BLS Month For calculation divided by Base Month) multiplied times (Base Bid Price in Award) EXAMPLE - This example is for illustration purposes only. Actual BLS values, etc., may vary. BASE BID PRICE = $ JANUARY 2007 = FEBRUARY 2007 = ADJUSTMENT EFFECTIVE APRIL 1, 2007 = (211.1/201.6) x $130 = x $130 = $ = $ Transportation (Hauling) - Transportation (hauling) costs, with the possible exception of M and M, will be based on two (2) prices. One price will be bid for transportation for 0 to 1 kilometer (0-1) and one price will be bid for any additional kilometers (1+). The 0 to 1 kilometer price will be the bid price for any distance traveled up to and including one kilometer. This 0 to 1 kilometer bid price will be added to the material cost. This final figure will constitute the cost to deliver one metric ton of material up to one kilometer. The 1+ kilometer price will be the bid price for any distance traveled after the first kilometer. This 1+ kilometer bid price will be multiplied by the total number of kilometers (less the first kilometer), added to the bid price for 0-1 kilometer, and then added to the material cost. This final figure will constitute the cost to deliver one metric ton of material the total number of kilometers. An additional 1+ kilometer price may be bid for hauling M and M. This price will be added to the 1+ kilometer price bid a1.doc

5 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 73 PRICE : Transportation (Hauling) : GENERAL INFORMATION (Cont d) The chart below further illustrates the formulas for the transportation (hauling) calculations: FORMULAS FOR TOTAL DELIVERED COST CALCULATION OF TRANSPORTATION (HAULING) RATES Total cost will be determined by applying the following formulas: A) FOR DISTANCE OF ONE KILOMETER OR LESS: EXAMPLE: Cost per metric ton/kilometer delivery charge for first kilometer or portion thereof (0-1) as bid $.55 + Material Cost as bid +$35.00 = Total delivered cost per metric ton for one kilometer or less $35.55 B) FOR DISTANCES OVER ONE (1) KILOMETER: {Example based on 32 total KM} Total Kilometers minus one : 32 1 = 31 x Cost per metric ton/kilometer each additional kilometer after the first kilometer as bid x $ 0.06 = Delivery Charge for total kilometers less the first kilometer $ Cost per metric ton/kilometer for first kilometer (0-1) + $.55 = Total Delivery charge per metric ton $ Material Price as bid + $35.00 = Total Delivered Cost per metric ton for 31 kilometers $37.41 C) ADDITIONAL TRANSPORTATION COSTS when hauling either Item M or M: Additional 1+ kilo price for M [or M] x Additional Distance = 20638a1.doc

6 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 74 PRICE: (Continued) GENERAL INFORMATION (Cont d) Price Reductions - Contractors shall be permitted to reduce their pricing any time during the contract term. In addition, contractors may choose to offer lower prices in specific instances or for particular projects. Contractors may do so through the agency use of the Quick Quote/Price Calculation worksheet. 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. Payment - Payment shall be made at contract prices per net metric ton for the actual quantity of material received from the contractor and, if applicable, for the cost of delivery per net metric ton kilometer. QUICK QUOTE/PRICE CALCULATION: During the course of this award, agencies may wish to try to obtain lower prices and contractors may wish to lower their contract prices for various reasons, i.e., excess supply, slow business. Each quick quote situation is unique and the price is firm for that particular project only. The use of the quick quote format is optional. Agencies may simply use the contract prices to fill out the price calculation worksheet to determine who has the lowest price. If an agency wishes to try to obtain better pricing they must send a quick quote form to the contractors within proximity of the project. If bid security is an issue, the agency can require bids to be sealed and/or opened publicly. Agencies are to accept the lowest bid meeting their specific need. There are no negotiations permitted following this Quick Quote and prices cannot be changed once offered. Failure to adhere to all quick quote procedures may cause any non-state agency to lose the privilege of using State contracts. If for some reason the lowest bid is not taken, the agency must prepare detailed documentation explaining the action taken (i.e., the low contractor could not provide the product in the time frame required). This explanation along with the worksheets must be made a part of the record. State Agencies are required to send copies of all worksheets along with the purchase order to the Office of the State Comptroller. Contractors are not required to lower prices when they receive a quick quote. They may quote the contract price. However, at no time, may a price be quoted that is higher than the contract price. Materials cost and/or hauling expenses can be lowered by the contractor during the quick quote process a1.doc

7 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 75 AGENCY COMPLETES THIS SECTION FOR QUICK QUOTE/PRICE CALCULATION Agency: Project Name: Date Number Project Location: Type of Material Required Spec Item # Estimated Total Quantity Required: Additional Item (enter a check mark if applicable): OCP Coverage ($1 Million/occurrence, $2 Million aggregate) Other Agency to identify: Date Required: Agency Contact: Quick Quote must be returned by CONTRACTOR COMPLETES THIS SECTION FOR QUICK QUOTE/PRICE CALCULATION Contractor Name: Plant #: Plant Location: Telephone: Estimated Haul Distance: A. Price $ F.O.B. Price for Material Per Metric Ton B. Hauling $ 0-1 Kilometer Per Metric Ton C. Hauling $ 1+ Kilometer Per Metric Ton D. Hauling $ Additional Charge per 1+ Kilometer for Hauling M E. Hauling $ Additional Charge per 1+ Kilometer for Hauling M F. Total Kilometers Kilometers G. Total Kilometers Minus 1: Kilometers H. B + D + E (C x G) = Total Delivery Cost: $ Per Metric Ton I. A + H = $ = Cost To Deliver One Metric Ton Total # Of Kilometers J. Total Metric Tons K. $ OCP Insurance L. I x J + K = $ Total Cost Estimated Number of Days to Complete Project Can Contractor Supply? YES NO Can Contractor meet Schedule? YES NO Contractor Signature Print Name Date AGENCY COMMENTS/NOTATIONS AFTER RECEIPT OF QUICK QUOTE: (To include explanation of any rejection of low price.) 20638a1.doc

8 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 76 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 or contact them by at epunit@osc.state.ny.us or by phone at NOTE TO CONTRACTOR: This Contract Award Notification is not an order. Do not take any action under this contract except on the basis of purchase order(s) from the agency or agencies. 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 ( CONTRACT PERIOD AND RENEWALS: It is the intention of the State to enter into a contract for a term as stated on the face page of the Contract Award Notification. However, the State may unilaterally cancel the contract on a monthly basis any time after the initial twelve (12) months by providing written notification at least one (1) month prior to the effective date of cancellation. The minimum term of the contract shall be twelve (12) months. This provision does not affect the State's right of suspension or cancellation contained in the "Suspension of Work" and "Cancellation" clauses in Appendix B, OGS General Specifications. 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. 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 a1.doc

9 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 77 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. BASIC, MINIMAL INSURANCE (Contractor s Insurance Requirements And/Or Equipment Insurance Requirements): All Bidders awarded contracts shall, upon receipt of a Purchase Order and prior to commencement of work, 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. Such Certificates shall be of form and substance acceptable to the Agency. 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. All insurance required by the Contract shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers 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, nonrenewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail; shall be sent to: Agency (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 {General Liability Additional Insured Endorsement shall be on Insurance Service Office s (ISO) form number CG }. 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. - BASIC MINIMAL CONTRACTOR INSURANCE continues on next page a1.doc

10 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 78 BASIC MINIMAL INSURANCE Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Agency updated replacement Certificates of Insurance, and amendatory endorsements. The Contractor, as required by this Contract, shall obtain and maintain in full force and effect, the following 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 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, productscompleted 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) Workers Compensation and Employers Liability Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. If employees will be working on, near or over navigable waters, US Longshore and Harbor Workers Compensation Act must be included. The Alternate Employer Endorsement WC A must be included on the policy naming the People of the State of New York as the alternate employer for only those contractors offering the leasing or rental of equipment with operators. c) 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. d) 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. 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. ADDITIONAL OCP INSURANCE Bidder understands and agrees by submitting a bid to this IFB that any Authorized User, in particular the New York State Department of Transportation (NYSDOT) may also require Owners and Contractors Protective Insurance Coverage (OCP) in addition to the above-referenced BASIC, MINIMAL CONTRACTOR INSURANCE for all projects on or near active highway right of way or in any other case where the authorized user deems the inherent risks warrant the OCP coverage. The OCP insurance required shall be $1,000,000 per occurrence and $2,000,000 in the aggregate. The request for OCP shall be indicated by the Authorized User on Section A of the Quick Quote form and all Quick Quotes submitted must state the cost for such coverage which will be included as part of the Total Cost per Project, and evaluated accordingly by the Authorized User. The pricing quoted in the bid and in the subsequent Contract Award Notification is not to exceed and may be reduced by the Contractor at any time a1.doc

11 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 79 REPORT OF CONTRACT PURCHASES: Contractor shall furnish a report containing both state agency and authorized non-state agency contract purchases by the fifteenth of the month following the end of each six month period. In addition to contractor direct sales, contractor shall submit sales information for all resellers, dealers, distributors or other authorized distribution channels, where such contract sales are provided by other than the contractor. Contractors shall verify if each alternate vendor is a NYS Certified Minority (MBE) or Women (WBE) Owned Businesses. Contractors shall verify such status through the Empire State Development Minority and Women Owned Businesses Database web site at: A separate report shall be provided in the following format for each authorized distribution channel. The sales report form is forwarded to each contractor at time of award for completion in accordance with the contract terms and conditions: Brief Description Total Value ($) Purchased By: All Political Subdivisions and Others Authorized by Law ($) All State Agencies ($) Total CombinedValue Purchased ($) The report is to be submitted to the Office of General Services, Procurement Services Group, Tower Bldg., Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of the Contract Award Notification and shall reference the Group Number, the Award Number, Contract Number, sales period, and contractor's (or other authorized agent) name. The outlined sales report is the minimum information required. Additional related sales information, such as monthly reports, and/or detailed user purchases may be required and must be supplied upon request a1.doc

12 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 80 LOCATION BY REGION REGION CONTRACTOR DOT # COUNTY 1 Callanan 1-7R Rensselaer 1 Callanan 1-23R Albany 1 Peckham 1-30R, RFM Greene 1 Peckham 1-11R, F Warren 1 Peckham 1-43R Washington 1 Peckham 1-39R, RFM, 1-90F, G Saratoga 1 Peckham 1-10R Washington 1 Peckham 1-120F, G Essex 1 William E. Dailey 1-121F, G Bennington 1 William E. Dailey 1-42R, RFM Rennselaer 2 Alliance 2-45F, G Oneida 2 Callanan 2-5R Montgomery 2 Cushing Stone 2-6R1 Montgomery 3 Suit-Kote 3-20F, G Cortland 7 J. Gonyea 7806 Franklin 8 Amenia 8-15RS Dutchess 8 Callanan 9-37R Orange 8 Dutchess Quarry 8-3R, RFM Dutchess 8 Dutchess Quarry 8-5R, RFM Orange 9 Callanan 9-37R, RFM Sullivan LOCATION BY CONTRACTOR CONTRACTOR REGION DOT # COUNTY Alliance F, G Oneida Amenia RS Dutchess Callanan R Albany Callanan 2 2-5R Montgomery Callanan R Orange Callanan 1 1-7R Rensselaer Callanan R, RFM Sullivan Cushing Stone 2 2-6R1 Montgomery Dutchess Quarry 8 8-3R, RFM Dutchess Dutchess Quarry 8 8-5R, RFM Orange J. Gonyea Franklin Peckham F, G Essex Peckham R, RFM Greene Peckham R, RFM, 1-90F, G Saratoga Peckham R, F Warren Peckham R Washington Peckham R Washington Suit-Kote F, G Cortland William E. Dailey F, G Bennington William E. Dailey R, RFM Rennselaer 20638a1.doc

13 GROUP FINE AND COARSE AGGREGATES 1 st SUPPLEMENTAL AWARD PAGE 81 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. Product meets your needs Product meets contract specifications Pricing Excellent Good Acceptable Unacceptable CONTRACTOR Timeliness of delivery Completeness of order (fill rate) Responsiveness to inquiries Employee courtesy Problem resolution Excellent Good Acceptable Unacceptable Comments: (over) Agency: Address: Prepared by: Title: Date: Phone: Please detach or photocopy this form & return by FAX to 518/ or mail to: OGS PROCUREMENT SERVICES GROUP Customer Services, 37th Floor Corning 2 nd Tower - Empire State Plaza Albany, New York * * * * * 20638a1.doc

14 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 1 1st SUPPLEMENTAL AWARD PAGE 82 Contractor DOT # Supply County M M M M M M M AM M M M M Peckham 1-30R, RFM Greene Peckham 1-11R, F Warren Peckham 1-43R Washington Peckham 1-39R, RFM, 1-90F, G Saratoga Peckham 1-10R Washington Peckham 1-120F, G Essex William E. Dailey 1-121F, G Bennington William E. Dailey 1-42R, RFM Rennselaer a1.doc Alphabetical by Region

15 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 1 1st SUPPLEMENTAL AWARD PAGE 83 Contractor DOT # Supply County Peckham 1-30R, RFM Greene Peckham 1-11R, F Warren Peckham 1-43R Washington Peckham 1-39R, RFM, 1-90F, G Saratoga Peckham 1-10R Washington Peckham 1-120F, G Essex William E. Dailey 1-121F, G Bennington William E. Dailey 1-42R, RFM Rennselaer M M M M M M AM BM CM DM a1.doc Alphabetical by Region

16 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 1 1st SUPPLEMENTAL AWARD PAGE 84 Contractor DOT # Supply County EM FM AM BM CM DM EM FM GM HM Peckham 1-30R, RFM Greene Peckham 1-11R, F Warren Peckham 1-43R Washington Peckham 1-39R, RFM, 1-90F, G Saratoga Peckham 1-10R Washington Peckham 1-120F, G Essex William E. Dailey 1-121F, G Bennington William E. Dailey 1-42R, RFM Rennselaer a1.doc Alphabetical by Region

17 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 1 1st SUPPLEMENTAL AWARD PAGE 85 Contractor DOT # Supply County IM JM KM LM MM NM OM PM QM RM Peckham 1-30R, RFM Greene Peckham 1-11R, F Warren Peckham 1-43R Washington Peckham 1-39R, RFM, 1-90F, G Saratoga Peckham 1-10R Washington Peckham 1-120F, G Essex William E. Dailey 1-121F, G Bennington William E. Dailey 1-42R, RFM Rennselaer 20638a1.doc Alphabetical by Region

18 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 1 1st SUPPLEMENTAL AWARD PAGE 86 Contractor DOT # Supply County Peckham 1-30R, RFM Greene Peckham 1-11R, F Warren Peckham 1-43R Washington Peckham 1-39R, RFM, 1-90F, G Saratoga Peckham 1-10R Washington Peckham 1-120F, G Essex William E. Dailey 1-121F, G Bennington William E. Dailey 1-42R, RFM Rennselaer M M M M AM BM a1.doc Alphabetical by Region

19 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 2 1ST SUPPLEMENTAL AWARD PAGE 87 Contractor DOT # Supply County M M M M M M M AM M M M M M Alliance 2-45F, G Oneida Callanan 2-5R Montgomery Cushing Stone 2-6R1 Montgomery a1.doc Alphabetical by Region

20 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 2 1ST SUPPLEMENTAL AWARD PAGE 88 Contractor DOT # Supply County Alliance 2-45F, G Oneida Callanan 2-5R Montgomery Cushing Stone 2-6R1 Montgomery M M M M M AM BM CM DM EM FM AM a1.doc Alphabetical by Region

21 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 2 1ST SUPPLEMENTAL AWARD PAGE 89 Contractor DOT # Supply County BM CM DM EM FM GM HM IM JM KM LM MM NM OM PM QM Alliance 2-45F, G Oneida Callanan 2-5R Montgomery Cushing Stone 2-6R1 Montgomery 20638a1.doc Alphabetical by Region

22 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 2 1ST SUPPLEMENTAL AWARD PAGE 90 Contractor DOT # Supply County RM M M M M AM BM A1M A2M A3M A4M A5M 0-1 Kilometer 1+ Kilometer Alliance 2-45F, G Oneida Callanan 2-5R Montgomery Cushing Stone 2-6R1 Montgomery a1.doc Alphabetical by Region

23 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 2 1ST SUPPLEMENTAL AWARD PAGE 91 Contractor DOT # Supply County Additional 1+ Kilometer M Additional 1+ Kilometer M OCP INSURANCE Alliance 2-45F, G Oneida $1.71 per $1, Callanan 2-5R Montgomery Cushing Stone 2-6R1 Montgomery 20638a1.doc Alphabetical by Region

24 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 3 1ST SUPPLEMENTAL AWARD PAGE 92 Contractor DOT # Supply County M M M M Suit-Kote 3-20F, G Cortland M M M AM M M M M 0-1 Kilometer 1+ Kilometer 20638a1.doc Alphabetical by Region

25 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 7 1ST SUPPLEMENTAL AWARD PAGE M M M M M M M AM M M M M M M 0-1 Kilometer 1+ Kilometer Contractor DOT # Supply County J. Gonyea 7806 Franklin a1.doc Alphabetical by Region

26 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 8 1ST SUPPLEMENTAL AWARD PAGE 94 Contractor DOT # Supply County M M M M M M M AM M M M Amenia 8-15RS Dutchess Callanan 9-37R Orange Dutchess Quarry 8-3R, RFM Dutchess Dutchess Quarry 8-5R, RFM Orange M 20638a1.doc Alphabetical by Region

27 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 8 1ST SUPPLEMENTAL AWARD PAGE 95 Contractor DOT # Supply County Amenia 8-15RS Dutchess Callanan 9-37R Orange Dutchess Quarry 8-3R, RFM Dutchess Dutchess Quarry 8-5R, RFM Orange M M M M M M AM BM CM DM EM FM a1.doc Alphabetical by Region

28 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 9 1ST SUPPLEMENTAL AWARD PAGE 96 Contractor DOT # Supply County M M M M M M M AM M M M M M M Callanan 9-37R, RFM Sullivan a1.doc Alphabetical by Region

29 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 9 1ST SUPPLEMENTAL AWARD PAGE 97 Contractor DOT # Supply County M M M M AM BM CM DM EM FM AM BM CM DM Callanan 9-37R, RFM Sullivan a1.doc Alphabetical by Region

30 Group FINE AND COARSE AGGREGATES (All State Agencies and Politcal Subdivisions) Region 9 1ST SUPPLEMENTAL AWARD PAGE 98 Contractor DOT # Supply County AM BM A1M A2M A3M A4M A5M 0-1 Kilometer 1+ Kilometer Additional 1+ Kilometer M Additional 1+ Kilometer M Callanan 9-37R, RFM Sullivan a1.doc Alphabetical by Region

31 State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York PAGE 99 2 nd SUPPLEMENTAL CONTRACT AWARD NOTIFICATION Title : Group FINE AND COARSE AGGREGATES (All State Agencies and Political Subdivisions) Classification Code: 11 Award Number : (Replaces Award 19674) Contract Period : May 15, 2007 to May 14, 2009 Bid Opening Date : January 9, 2007 Date of Issue : November 5, 2007 Specification Reference : Contractor Information : Name : Title : Phone : Fax : State Agencies & Vendors Marcos Ortiz Purchasing Officer I marcos.ortiz@ogs.state.ny.us As Incorporated In The Invitation for Bid and Purchasing Memoranda dated January 5, 2007 Appears on Page 2 of this Award Address Inquiries To: Political Subdivisions & Others Phone : Fax : Customer Services customer.services@ogs.state.ny.us The Procurement Services Group values your input. Complete and return "Contract Performance Report" at end of document. Description Fine and Coarse Aggregates is sand, stone and crusher run for construction. It is also used in the repair of washouts, sinkholes, pavement sub-base problems, drainage installations and other road problems. This award contains a calculation worksheet and a quick quote worksheet. PR # a2.doc

32 GROUP FINE AND COARSE AGGREGATES 2 nd SUPPLEMENTAL AWARD PAGE 100 NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC63130 BARRETT PAVING MATERIALS INC. 315/ P.O. Box 400 Scot A. Owens Washington Mills, New York Fax: 315/ Accepts Procurement Card for tkotay@barrettpaving.com orders up to $10,000 Web Site: BarrettPaving.com PC63151 JOINTA GALUSHA LLC 518/ Warren Street John P Davidson Glens Falls, NY Fax: 518/ jdavidson@dacollins.com Web Site: PC63154 PALLETTE STONE CORPORATION 518/ Ext Washington Street Scott C. Duffy Saratoga Springs, NY Fax: 518/ sduffy@dacollins.com Web Site: 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 20638a2.doc

33 GROUP FINE AND COARSE AGGREGATES 2 nd SUPPLEMENTAL AWARD PAGE 101 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) a2.doc

34 GROUP FINE AND COARSE AGGREGATES 2 nd SUPPLEMENTAL AWARD PAGE 102 PRICE: Net Pricing - Clause 24b of the General Specification is modified to include the following: Price quoted shall include all customs duties and charges and be F.O.B. plant per net metric ton, net metric ton kilometer, and additional charges per net metric ton for hauling M and M. Periodic Price Adjustment Every three months the base bid prices shown in the initial CONTRACT AWARD NOTIFICATION may be adjusted in accordance with changes in the US Bureau of Labor Statistics (BLS). Please see chart below for applicable dates. DATES FOR IMPLEMENTATION: Effective Date for Adjustment BLS Month for Calculation PPI Base Month April 1, 2007 February 2007 January 2007 July 1, 2007 May 2007 January 2007 October 1, 2007 August 2007 January 2007 January 1, 2008 November 2007 January 2007 April 1, 2008 February 2008 January 2007 July 1, 2008 May 2008 January 2007 October 1, 2008 August 2008 January 2007 January 1, 2009 November 2008 January 2007 There will be one BLS index used for product. The BLS values will be Not Seasonally Adjusted. The index is: FOR PRODUCT Producer Price Index (PPI) Series ID: PCU Industry: Stone Mining & Quarrying Product: Stone Mining & Quarrying The base value for calculations shall be for JANUARY CALCULATION METHOD: (BLS Month For calculation divided by Base Month) multiplied times (Base Bid Price in Award) EXAMPLE - This example is for illustration purposes only. Actual BLS values, etc., may vary. BASE BID PRICE = $ JANUARY 2007 = FEBRUARY 2007 = ADJUSTMENT EFFECTIVE APRIL 1, 2007 = (211.1/201.6) x $130 = x $130 = $ = $ Transportation (Hauling) - Transportation (hauling) costs, with the possible exception of M and M, will be based on two (2) prices. One price will be bid for transportation for 0 to 1 kilometer (0-1) and one price will be bid for any additional kilometers (1+). The 0 to 1 kilometer price will be the bid price for any distance traveled up to and including one kilometer. This 0 to 1 kilometer bid price will be added to the material cost. This final figure will constitute the cost to deliver one metric ton of material up to one kilometer. The 1+ kilometer price will be the bid price for any distance traveled after the first kilometer. This 1+ kilometer bid price will be multiplied by the total number of kilometers (less the first kilometer), added to the bid price for 0-1 kilometer, and then added to the material cost. This final figure will constitute the cost to deliver one metric ton of material the total number of kilometers. An additional 1+ kilometer price may be bid for hauling M and M. This price will be added to the 1+ kilometer price bid a2.doc

35 GROUP FINE AND COARSE AGGREGATES 2 nd SUPPLEMENTAL AWARD PAGE 103 PRICE : Transportation (Hauling) : GENERAL INFORMATION (Cont d) The chart below further illustrates the formulas for the transportation (hauling) calculations: FORMULAS FOR TOTAL DELIVERED COST CALCULATION OF TRANSPORTATION (HAULING) RATES Total cost will be determined by applying the following formulas: A) FOR DISTANCE OF ONE KILOMETER OR LESS: EXAMPLE: Cost per metric ton/kilometer delivery charge for first kilometer or portion thereof (0-1) as bid $.55 + Material Cost as bid +$35.00 = Total delivered cost per metric ton for one kilometer or less $35.55 B) FOR DISTANCES OVER ONE (1) KILOMETER: {Example based on 32 total KM} Total Kilometers minus one : 32 1 = 31 x Cost per metric ton/kilometer each additional kilometer after the first kilometer as bid x $ 0.06 = Delivery Charge for total kilometers less the first kilometer $ Cost per metric ton/kilometer for first kilometer (0-1) + $.55 = Total Delivery charge per metric ton $ Material Price as bid + $35.00 = Total Delivered Cost per metric ton for 31 kilometers $37.41 C) ADDITIONAL TRANSPORTATION COSTS when hauling either Item M or M: Additional 1+ kilo price for M [or M] x Additional Distance = 20638a2.doc

36 GROUP FINE AND COARSE AGGREGATES 2 nd SUPPLEMENTAL AWARD PAGE 104 PRICE: (Continued) GENERAL INFORMATION (Cont d) Price Reductions - Contractors shall be permitted to reduce their pricing any time during the contract term. In addition, contractors may choose to offer lower prices in specific instances or for particular projects. Contractors may do so through the agency use of the Quick Quote/Price Calculation worksheet. 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. Payment - Payment shall be made at contract prices per net metric ton for the actual quantity of material received from the contractor and, if applicable, for the cost of delivery per net metric ton kilometer. QUICK QUOTE/PRICE CALCULATION: During the course of this award, agencies may wish to try to obtain lower prices and contractors may wish to lower their contract prices for various reasons, i.e., excess supply, slow business. Each quick quote situation is unique and the price is firm for that particular project only. The use of the quick quote format is optional. Agencies may simply use the contract prices to fill out the price calculation worksheet to determine who has the lowest price. If an agency wishes to try to obtain better pricing they must send a quick quote form to the contractors within proximity of the project. If bid security is an issue, the agency can require bids to be sealed and/or opened publicly. Agencies are to accept the lowest bid meeting their specific need. There are no negotiations permitted following this Quick Quote and prices cannot be changed once offered. Failure to adhere to all quick quote procedures may cause any non-state agency to lose the privilege of using State contracts. If for some reason the lowest bid is not taken, the agency must prepare detailed documentation explaining the action taken (i.e., the low contractor could not provide the product in the time frame required). This explanation along with the worksheets must be made a part of the record. State Agencies are required to send copies of all worksheets along with the purchase order to the Office of the State Comptroller. Contractors are not required to lower prices when they receive a quick quote. They may quote the contract price. However, at no time, may a price be quoted that is higher than the contract price. Materials cost and/or hauling expenses can be lowered by the contractor during the quick quote process a2.doc