PURCHASING MEMORANDUM

Transcription

1 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: July 2, 2014 GROUP: ROAD SALT, TREATED SALT, PLEASE ADDRESS INQUIRIES TO: & EMERGENCY STANDBY ROAD SALT STATE AGENCIES & CONTRACTORS (All State Agencies & Political Subdivisions) Carmen Story Contract Management Specialist (518) CONTRACT September 1, 2013 through Carmen.story@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS Customer Services (518) CONTRACTORS/ CONTRACT NOS.: CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: FUEL PRICE ADJUSTMENT FOR ALL COUNTIES FOR JULY TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: In accordance with the terms of the contract, we have implemented a fuel price adjustment on a monthly basis for the duration of the contract period. This Purchasing Memorandum applies to ALL counties. The fuel price adjustment for the subject month is +$0.01 per ton. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p15.docx/T06cs

2 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: April 30, 2014 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTORS/ Customer Services CONTRACT NOS.: *SEE BELOW (518) CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: FUEL PRICE ADJUSTMENT FOR ALL COUNTIES FOR THE MONTH OF MAY TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: In accordance with the terms of the contract, we have implemented a fuel price adjustment on a monthly basis for the duration of the contract period. This Purchasing Memorandum applies to ALL counties. The fuel price adjustment for the subject month is +$0.13 per ton. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p13.docx/T06er

3 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: April 1, 2014 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTORS/ Customer Services CONTRACT NOS.: *SEE BELOW (518) CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: FUEL PRICE ADJUSTMENT FOR ALL COUNTIES FOR THE MONTH OF APRIL TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: In accordance with the terms of the contract, we have implemented a fuel price adjustment on a monthly basis for the duration of the contract period. This Purchasing Memorandum applies to ALL counties. The fuel price adjustment for the subject month is +$0.23 per ton. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p12.docx/T06er

4 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: March 5, 2014 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTOR/ ATLANTIC SALT INC. Customer Services CONTRACT NO.: PC66214 (518) SUBJECT: EXTENSION OF PRICING FOR ATLANTIC SALT CONTRACT CUSTOMERS WHO HAVE REACHED 150% OF THEIR FILED REQUIREMENTS TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: Please be advised that NYS OGS NYSPro and Atlantic Salt Inc. have agreed to a price escalation when delivery quantities exceed 150% of filed requirements per delivery location. Customers with multiple delivery sites (e.g. NYS DOT, NYS Thruway and County Highways) shall have their minimum/maximum delivery quantities based on the sum of all their sites serviced by a supplier in each Lot. An automatic unit price increase of 35% will be allowed once quantities delivered exceed 150% of an Authorized User s filed requirements. No Buy Against chargebacks or other penalties will be assessed against Atlantic Salt for their failure to deliver quantities which exceed 150% of filed requirements. Atlantic Salt will make every reasonable effort to ensure delivery of such quantities on an as-soon-as-practicable basis. No liquidated damages will be imposed upon Atlantic Salt for failure to deliver such quantities over 150% of filed requirements within the timeframes specified in the Contract. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p10.docx/T06er

5 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: March 3, 2014 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTOR/ NORTH AMERICAN SALT Customer Services CONTRACT NO.: PC66218 (518) SUBJECT: LIMITED AVAILABILITY OF SALT SUPPLY IN ERIE, NIAGARA, AND CHAUTAUQUA COUNTIES TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: Please be advised that the awarded road salt contractor in Erie, Niagara, and Chautauqua Counties (North American Salt Company) is expected to exhaust its current supply of salt by early to mid-march. They will not be able to replenish their supply until later in April. Based on this situation, Authorized Users who have not yet reached 150% of their filed requirements for this winter are encouraged to only order salt in the quantities they need for short-term road treatment and to defer orders designed to fill salt barns/sheds until later in the season, when the awarded contractor again has salt available. Authorized Users who need to order salt should continue to contact North American Salt Company (NASC) to place their orders as they normally would. When North American s supplies are depleted, they will refer the Authorized Users to make their purchase from one of the awarded contractors in the Emergency Lot Group. In the event that the Emergency Lot Group contractors are unable to provide salt, Authorized Users will need to purchase salt on the open market. The Authorized User will incur a higher cost for this salt, but the contract allows for reimbursement of the difference in cost or for the cost overage to be deducted from future invoices. For Authorized Users who have exceeded 150% of their filed requirements, additional needs would be considered non-contract purchases. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification p11.docx/T06er

6 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: February 25, 2014 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTORS/ Customer Services CONTRACT NOS.: *SEE BELOW (518) CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: FUEL PRICE ADJUSTMENT FOR ALL COUNTIES FOR THE MONTH OF MARCH TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: In accordance with the terms of the contract, we have implemented a fuel price adjustment on a monthly basis for the duration of the contract period. This Purchasing Memorandum applies to ALL counties. The fuel price adjustment for the subject month is +$0.27 per ton. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p9.docx/T06er

7 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: January 30, 2014 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTORS/ Customer Services CONTRACT NOS.: *SEE BELOW (518) CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: FUEL PRICE ADJUSTMENT FOR ALL COUNTIES FOR THE MONTH OF FEBRUARY TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: In accordance with the terms of the contract, we have implemented a fuel price adjustment on a monthly basis for the duration of the contract period. This Purchasing Memorandum applies to ALL counties. The fuel price adjustment for the subject month is +$0.04 per ton. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p8.docx/T06er

8 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: January 14, 2014 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTOR/ North American Salt Company Customer Services CONTRACT NO.: PC66218 (518) SUBJECT: CHANGE IN CONTACT INFORMATION TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: Please be advised that the contact information for North American Salt Company, found on pages 2 and 3 of the Contract Award Notification, has changed to: Mr. Doug Dyer Direct Phone: Toll-Free Phone: , x dyerd@compassminerals.com All other terms and conditions of the Contract Award Notification remain unchanged. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p7.docx/T06er

9 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: December 31, 2013 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTORS/ Customer Services CONTRACT NOS.: *SEE BELOW (518) CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: FUEL PRICE ADJUSTMENT FOR ALL COUNTIES FOR THE MONTH OF JANUARY TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: In accordance with the terms of the contract, we have implemented a fuel price adjustment on a monthly basis for the duration of the contract period. This Purchasing Memorandum applies to ALL counties. The fuel price adjustment for the subject month is -$0.02 per ton. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p6.docx/T06er

10 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: November 8, 2013 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTORS/ Customer Services CONTRACT NOS.: *SEE BELOW (518) CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: REVISED CONTRACT AWARD NOTIFICATION ( CAN ) TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: Please be advised that the Contract Award Notification has been revised as follows: 1. Additional contact information for expediting NYS contract orders has been included on page2; 2. Additional contact information for emergency ordering and/or after-hours ordering has been included on page 3; and 3. Changes have been made in Lot 4 (Emergency Standby Road Salt page 34 of the Revised CAN) to reflect revised pricing for Cargill in select counties and the removal of Atlantic Salt Company s pricing in Orange and Putnam counties since they were not awarded those counties in this Lot. All other terms and conditions of the original Contract Award Notification remain unchanged. Please attach this Purchasing Memorandum to your copy of the Revised Contract Award Notification. * * * * * * * 22730p4.docx/T06er

11 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: October 30, 2013 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTORS/ Customer Services CONTRACT NOS.: *SEE BELOW (518) CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: FUEL PRICE ADJUSTMENT FOR ALL COUNTIES FOR THE MONTH OF NOVEMBER TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: In accordance with the terms of the contract, we have implemented a fuel price adjustment on a monthly basis for the duration of the contract period. This Purchasing Memorandum applies to ALL counties. The fuel price adjustment for the subject month is -$0.06 per ton. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p3.docx/T06er

12 New York State Office of General Services New York State Procurement Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NO.: DATE: October 16, 2013 PLEASE ADDRESS INQUIRIES TO: GROUP: ROAD SALT, TREATED SALT, STATE AGENCIES & CONTRACTORS AND EMERGENCY STANDBY ROAD SALT Elise Relyea (All State Agencies & Political Subdivisions) Contract Management Specialist (518) CONTRACT September 1, 2013 through elise.relyea@ogs.ny.gov PERIOD: August 31, 2014 OTHER AUTHORIZED USERS CONTRACTORS/ Customer Services CONTRACT NOS.: *SEE BELOW (518) CONTRACTOR Atlantic Salt Inc. Cargill Inc. Deicing Technology International Salt Co. Morton Salt Inc. North American Salt Company CONTRACT# PC66213 PC66214 PC66215 PC66216 PC66217 PC66218 SUBJECT: FUEL PRICE ADJUSTMENT FOR ALL COUNTIES FOR THE MONTH OF OCTOBER TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE THE ABOVE REFERENCED CONTRACTS: In accordance with the terms of the contract, we have implemented a fuel price adjustment on a monthly basis for the duration of the contract period. This Purchasing Memorandum applies to ALL counties. The fuel price adjustment for the subject month is -$0.01 per ton. All other terms and conditions of the original Contract Award Notification apply to this Purchasing Memorandum. Please attach this Purchasing Memorandum to your copy of the Contract Award Notification. * * * * * * * 22730p2.docx/T06er

13 25State of New York Executive Department Office Of General Services New York State Procurement Corning Tower Building - 38th Floor Empire State Plaza Albany, New York CONTRACT AWARD NOTIFICATION Title : Group ROAD SALT, TREATED SALT, AND EMERGENCY STANDBY ROAD SALT (STATEWIDE) Classification Code(s): 12 Award Number : (Replaces Awards and SW) Contract Period : September 1, 2013 August 31, 2014 Bid Opening Date : September 4, 2013 Date of Issue : October 15, 2013 Specification Reference : Contractor Information : As Incorporated In The Invitation for Bids Appears on Page 2 of this Award Name : Title : Phone : Fax : State Agencies & Vendors Elise Relyea Contract Management Specialist Elise.Relyea@ogs.ny.gov Address Inquiries To: Political Subdivisions & Others New York State Procurement Customer Services Phone : Fax : customer.services@ogs.ny.gov The New York State Procurement values your input. Complete and return "Contract Performance Report" at end of document. Description Road Salt is used for snow and ice control. Treated Salt is granular sodium chloride (rock salt) treated with corrosion inhibited liquid magnesium chloride Types I and II. These are filed requirement contracts which require the contract user to purchase 70% of their filed requirement or 50% of their filed requirement if an awarded county is for solar salt. Automatic price increases become effective once deliveries exceed 120% of the contract user s filed requirement. PR # 22730

14 STANDBY ROAD SALT (STATEWIDE) AWARD PAGE 2 NOTE: See individual contract items to determine actual awardees. FED.IDENT.# / CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # NYS VENDOR# PC66213 AMERICAN ROCK SALT CO., LLC P.O. Box Ext Rt. 63 Jamie McClain Mount Morris, NY Fax No Jamie.McClain@americanrocksalt.com Website: PC66214 ATLANTIC SALT, INC Middle Street Donna Capillo Suite 210 Fax No Lowell, MA dcapillo@easternminerals.com PLACE ORDERS FOR CARGILL: PC66215 CARGILL INCORPORATED D/B/A CARGILL INCORPORATED DEICING Pamela Burcewicz TECHNOLOGY BUSINESS UNIT Fax No Country Club Blvd. Pamela_Burcewicz@cargill.com Or bid_cdt@cargill.com Suite 450 Website: North Olmsted, OH REMIT PAYMENTS FOR CARGILL: CARGILL INCORPORATED P.O. Box Boston, MA PC66216 INTERNATIONAL SALT COMPANY, LLC , Ext Northern Blvd. Daniel P. Thompson Clarks Summit, PA Fax No bids@iscosalt.com Website: PC66217 MORTON SALT, INC North Wacker Drive Anthony Patton Chicago, IL Fax No apatton@mortonsalt.com Website: PC66218 NORTH AMERICAN SALT COMPANY West 109 th Street, Suite , x Overland Park, KS Monica Lloyd Fax No Lloydm@compassminerals.com Website:

15 STANDBY ROAD SALT (STATEWIDE) AWARD PAGE 3 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 NEW YORK STATE PROCUREMENT 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 NEW YORK STATE PROCUREMENT. 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 New York State Procurement 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 MERCURY-ADDED CONSUMER PRODUCTS: Offerers are advised that effective January 1, 2005, Article 27, Title 21 of the Environmental Conservation Law bans the sale or distribution free of charge of fever thermometers containing mercury except by prescription written by a physician and bans the sale or distribution free of charge of elemental mercury other than for medical pre-encapsulated dental amalgam, research, or manufacturing purposes due to the hazardous waste concerns of mercury. The law further states that effective July 12, 2005, manufacturers are required to label mercury-added consumer products that are sold or offered for sale in New York State by a distributor or retailer. The label is intended to inform consumers of the presence of mercury in such products and of the proper disposal or recycling of mercury-added consumer products. Offerers are encouraged to contact the Department of Environmental Conservation, Bureau of Solid Waste, Reduction & Recycling at (518) or the Bureau of Hazardous Waste Regulation at for questions relating to the law. Offerers may also visit the Department's web site for additional information: 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 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, 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, 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

16 STANDBY ROAD SALT (STATEWIDE) AWARD PAGE 4 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 , to be used under this contract, will comply with the specifications and provisions of NYECL , 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. POOR PERFORMANCE Authorized Users should notify Procurement Services Group s Customer Services promptly if the Contractor fails to meet the requirements of this Contract. Performance which does not comply with requirements or is otherwise unsatisfactory to the Authorized User should also be reported to Customer Services: Office of General Services New York State Procurement 38th Floor Corning Tower Empire State Plaza Albany, NY Customer Services customer.services@ogs.ny.gov Telephone: (518) / Fax: (518) 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). NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS: New York State political subdivisions and others authorized by New York State law may participate in Contracts. These include, but are not limited to, local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See Appendix B, 39 Participation in Centralized Contracts. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have Delivery locations adjacent to New York State), the terms of the "Price" clause shall be modified to include Delivery to locations adjacent to New York State. Upon request, all eligible non-state agencies must furnish Contractors with the proper tax exemption certificates and documentation certifying eligibility to use State Contracts. A list of categories of eligible entities is available on the OGS web site Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS New York State Procurement's Customer Services at (518)

17 STANDBY ROAD SALT (STATEWIDE) AWARD PAGE 5 EXTENSION OF USE: These contracts may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in these contracts if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions. DELIVERY: Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor s obligation to seek clarification from the ordering agency and, if applicable, from the Office of General Services, Procurement Services Group. DELIVERY SCHEDULES: Contractors shall be obligated to deliver under the resulting contract to any State agency which places a purchase order under contract, whether or not such delivery location is identified in the delivery schedules. Any political subdivision or other non-state entity which has not filed a requirement with NYSPro as of the date of the bid opening shall be eligible to receive deliveries at contractor s option only, upon placement of valid purchase order to the contractor s address as indicated in the award. Contractors will be advised regarding political subdivisions or other non-state entities which have filed on a timely basis but do not appear on the delivery schedule. 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, New York State Procurement prior to effectuation. DEBRIEFING: Contractors and bidders are accorded fair and equal treatment with respect to the opportunity for debriefing. OGS shall, upon request, provide a debriefing to any bidder or awarded contractor 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 or awarded contractor within thirty days of posting of the contract award on the OGS website. NYSPro's DISPUTE RESOLUTION POLICY: It is the policy of the Office of General Services New York State Procurement (NYSPro) to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to NYSPro bid solicitations or contract awards. NYSPro encourages vendors to seek resolution of disputes through consultation with NYSPro staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of NYSPro 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 ( NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS ENTITY: Contractor is encouraged to maintain up-to-date Questionnaire during the life of the contract and is also required to ensure this Questionnaire reflects any substantive issues that may have occurred from the time the Contract was initially awarded. ESTIMATED QUANTITIES: The quantities or dollar values listed are estimated only. See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B, OGS General Specifications. CONTRACT TERM: This contract shall be in effect for one (1) year as specified herein.

18 STANDBY ROAD SALT (STATEWIDE) AWARD PAGE 6 CONTRACT EXTENSION: If mutually agreed upon between OGS and the Contractor, the Contract may be extended under the same terms and conditions for up to three (3) additional one (1) year periods. In the event a replacement Contract has not been issued at the time of Contract expiration, any Contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one (1) 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 (1) month extension), pricing, and delivery requirements. With the concurrence of the Contractor, the extension may be for a period of up to three (3) months in lieu of one (1) month. However, this extension terminates should the replacement Contract be issued in the interim. WARRANTIES: See "Warranties" in Appendix B, OGS General Specifications. RESERVATION: The State reserves the right to negotiate lower pricing, or to advertise for bids, any unanticipated excessive purchase. An "unanticipated excessive purchase" is defined as an unexpected order for a contract product(s) totaling more than $75,000. 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. 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. CONTRACT BILLINGS AND PAYMENTS: a. Billings. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the billings. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract. b. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner s sole discretion, due to extenuating circumstances. Such electronic payments shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller website at by at epunit@osc.state.ny.us, or by telephone at Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract that are

19 STANDBY ROAD SALT (STATEWIDE) AWARD PAGE 7 payable by the State Comptroller if it does not comply with the State Comptroller s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. c. Payment of Contract purchases made by an Authorized User when the State Comptroller is not responsible for issuing such payment. The Authorized User and Contractor agree that payments for such Contract purchases shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User. Such payments shall be as mandated by the appropriate governing law from the receipt of a proper invoice. Such Authorized User and Contractor are strongly encouraged to establish electronic payments. 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. NEW YORK STATE PROCUREMENT CARD: See "Procurement Card" in Appendix B, OGS General Specifications. All bidders shall indicate if they will accept the NYS Purchasing Card for orders not to exceed $15,000 (see Questions at end of bid document). RECEIPTS AND INVOICING: Procurement Card Receipts: For all purchases executed using a New York State Procurement Card, Contractor shall provide an itemized receipt with each Delivery. Invoices: Contractor invoices must include detailed line item information to allow Authorized Users to verify that delivered pricing matches the correct price on the date of order. REPORT OF CONTRACT PURCHASES: Contractor shall furnish monthly reports containing total sales for both State agency and authorized non-state agency contract purchases no later than ten (10) days after the close of each calendar month. If the Contract period begins or ends in a fractional portion of a reporting month, only the actual Contract sales for this fractional period should be reported in the monthly report. In addition to Contractor direct sales, Contractor shall submit sales information for all Authorized Resellers where such Contract sales are provided by other than the Contractor. Contractors shall specify if any Authorized Resellers are NYS Certified Minority and/or Women Owned Businesses Enterprises (MWBEs). Contractor shall verify such status through the Empire State Development directory of Minority and Women Owned Businesses at: The report is to be submitted electronically via in Microsoft Excel to the Office of General Services, New York State Procurement, to the attention of the individual listed on the front page of the Contract Award Notification and shall reference the Contract Group Number, Award Number, Contract Number, Sales Period, and Contractor's name. The report format is the minimum information required. Additional related sales information, such as detailed user purchases may be required by OGS and must be supplied upon request. Failure to submit reports on a timely basis shall be considered poor performance in accordance with the Poor Performance section and may result in Contract cancellation and designation of Contractor as non-responsible.

20 STANDBY ROAD SALT (STATEWIDE) AWARD PAGE 8 CONTRACTOR REQUIREMENTS AND PROCEDURES FOR BUSINESS PARTICIPATION OPPORTUNITIES FOR NEW YOUR STATE CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN: New York State Law Pursuant to New York State Executive Law Article 15-A, OGS recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority and women-owned business enterprises and the employment of minority group members and women in the performance of OGS Contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" ( Disparity Study ). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. The recommendations from the Disparity Study culminated in the enactment and the implementation of New York State Executive Law Article 15-A, which requires, among other things, that OGS establishes goals for maximum feasible participation of New York State Certified minority and women owned business enterprises ( MWBE ) and the employment of minority groups members and women in the performance of New York State Contracts. Business Participation Opportunities for MWBEs OGS has conducted a comprehensive search and has determined that the Contract offers the following opportunities to set goals for participation by MWBEs as subcontractors, service providers and suppliers to the awarded Contractors in the following counties: Albany, Bronx, Columbia, Dutchess, Erie, Genesee, Greene, Kings, Monroe, Nassau, Niagara, Onondaga, Orange, Orleans, Queens, Rensselaer, Schenectady, Suffolk, Ulster, and Wyoming. However, Contractors located outside of the above referenced counties and not affected by established goals are encouraged to make every good faith effort to promote and assist the participation of MWBEs on this Contract for the provision of services and materials. To locate MWBEs, the Directory of NYS Certified Businesses can be viewed at For the following counties: Albany, Bronx, Columbia, Dutchess, Erie, Genesee, Greene, Kings, Monroe, Nassau, Niagara, Onondaga, Orange, Orleans, Queens, Rensselaer, Schenectady, Suffolk, Ulster, and Wyoming where contracts are awarded, for purposes of this award, OGS hereby establishes a goal of 10% for Minority and Women-owned Business Enterprises (MWBE) participation (5% MBE goal and 5% WBE goal). A Contractor must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of this contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE documentation. For guidance on how OGS will determine a Contractor s good faith efforts, refer to 5 NYCRR In accordance with 5 NYCRR , Bidder/Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. Contractors shall attempt to utilize, in good faith, any MWBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract. Contractors are required to submit a Contractor s Monthly Compliance & Payment Report on Form MWBE 102 to OGS, by the 10th day of each month during the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.

21 STANDBY ROAD SALT (STATEWIDE) AWARD PAGE 9 Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract. Equal Employment Opportunity Requirements By submission of a bid or proposal in response to this IFB, the Bidder/Contractor 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 it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State. Bidder further agrees, where applicable, to submit with the bid a staffing plan on Form EEO 100 identifying the anticipated work force to be utilized on the Contract and if awarded a Contract, will, upon request, submit to OGS, a workforce utilization report identifying the workforce actually utilized on the Contract if known. Further, pursuant to Article 15 of the Executive Law (the Human Rights Law ), all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to nondiscrimination on the basis of prior criminal conviction and prior arrest. ALL FORMS ARE AVAILABLE AT: