Liquid Bituminous Materials 2026 02-20

Agency:	Wyoming County
State:	New York
Type of Government:	State & Local
Posted Date:	Feb 26, 2026
Due Date:	Mar 11, 2026
Solicitation No:	2026-08
Original Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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Wyoming County Highway Department

4328 State Route 19 ꞏ Silver Springs, NY 14550 ꞏ (585) 786-8955

Devin Blue

County Highway Superintendent

Peter Myers

Deputy County Highway Superintendent

To: Prospective Bidders

RE: Bid Solicitation

February 20, 2026

Bids for the following items will be publicly opened and read aloud at 10:00 am on Wednesday, March 11, 2026 at the

Office of the County Superintendent of Highways. All bids must be placed in a sealed envelope and shall be clearly

marked in the bottom left corner of outside envelope “SEALED BID -

”. All materials being bid must meet the

specifications of the New York State Department of Transportation. It is the bidder’s responsibility that bids are received

by this office prior to the start of the bid opening. Late submissions for any reason will not be opened. No emailed or

faxed bids are accepted. Detailed information and specifications may be obtained by visiting or contacting the Office of the

County Superintendent of Highways to have them emailed. PDF versions of Bid Opportunities will be available on the

Wyoming County website until Bid Opening. If you plan to submit a sealed bid, please provide contact info and bids you

are interested in to Highway Office for any possible future addendums.

Asphaltic Concrete

Crack Fill

Crushed Aggregates (Gravel and Stone)

Fiber Reinforced Bituminous Membrane Surface

Fuel - Diesel

Highway Shoulder Removal

Jet-Vac Truck Service

Liquid Bituminous Materials

Pavement Markings - Extended

Portable Toilet – NEW bid

Ready Mix Concrete

Roadside Vegetation Control

Stone Fill

Surface Treating by contract

Ultra-Thin A/C Overlay

To guarantee the full and faithful performance of the contract, the bidder may be required to furnish a faithful performance

bond, issued by a Surety Company authorized to conduct business within the State of New York.

The County of Wyoming reserves the right to reject any or all bids for individual items or for items collectively.

Applicable bids shall comply with the prevailing rates for Wyoming County PRC# 2026004028. www.labor.state.ny.us

Wyoming County shall have the option of extending all bids for two (2) one-year periods upon mutual agreement.

All bids may be accompanied with some of the following signed documents: See individual bids for more details.

1) Non-Collusive Bidding Certificate 4) Certificate of Insurance complying with County’s insurance requirements

32)) Hold Harmless Certification

5) Iranian Energy Divestment Certification

4) Offer to Contract

6) NYSDOL Certificate of Registration

- The County of Wyoming reserves the right to utilize National Cooperative Contracts, NYS Office of General Services

(OGS) Contracts or other Municipal Contracts to procure any supplies, commodities, services or technology that are

available under those programs, which may include items or services included in the bid solicitation.

- Crushed aggregates, stone fill and asphaltic concrete are to be hauled from source in County Trucks and/or delivered by

suppliers, as specified.

- In purchase of above materials, where County Trucks are used for delivery, the County of Wyoming reserves the right to

purchase all or part of a season’s requirements from the source requiring the shortest haul to a destination, to obtain the

most advantageous total price to the County.

- The County of Wyoming reserves the right to make purchases of materials for specific projects during the year and to

make awards for such materials on the basis of separate bids where it appears in the best interest of the County to do so.

Very truly yours,

Devin Blue - Wyoming County Highway Superintendent

Wyoming County Highway Department

4328 State Route 19 ꞏ Silver Springs, NY 14550 ꞏ (585) 786-8955

Devin Blue

County Highway Superintendent

Peter Myers

Deputy County Highway Superintendent

BASE TERMS FOR ALL BID SOLICITATIONS

1. Executory Clause

Wyoming County shall have no liability under any contract or contracts or to anyone else beyond funds appropriated and

available for the purpose of this specification and resultant contract(s).

2. Assignability

The contractor shall not assign, transfer, convey, sub-contract, sublet or otherwise dispose of all or portions of this contract

(and/or work to be performed as a result of the contract) or its right, title, or interest to any other person, company,

corporation, without prior written consent of the Superintendent of Highways.

3. Extension of Contract Usage

Political subdivisions within New York State (Towns, Villages, School Districts and Fire Districts), as defined in Section

#103 of the General Municipal Law may participate in any contract awarded as a result of this bid document as long as it is

mutually agreed to by both parties. Responsibility, financial or otherwise, for purchase(s) made by other parties as a result

of the extension of this contract, shall not be borne by Wyoming County.

4. Contractor’s Failure to Comply

The contractor’s failure to perform in compliance with the bid award shall result in withholding of payment. The payment

shall be withheld until such times as the contractor fulfills its responsibilities. Compliance shall be determined by and to

satisfaction of Wyoming County. Such action would not necessarily preclude further initiatives on the part of Wyoming

County to protect and preserve its best interest.

5. Cancellation of Contract

Wyoming County reserves, as its right, to cancel the contract(s) resulting from an award of this bid solicitation at any time

during the contract period, without penalty to Wyoming County and without stated reason, by delivering a written ten (10)

day notice of intent to the contractor(s) or its representative(s). Said notification mailed to the contractor or its

representatives via the US Postal Service, First Class Mail shall be considered sufficient and delivered.

6. Contractor Registration Requirement (NYS Labor Law 220-i)

Effective December 30, 2024, all contractors submitting bids for or performing work for a municipality must be registered

with the New York State Department of Labor (NYSDOL) in accordance with Labor Law 220-i.

Contractors must be registered prior to submitting a bid or starting work. Proof of registration, in the form of a Certificate

of Registration issued by NYSDOL, must be provided to the County upon submission of each bid. Failure to comply may

result in rejection of bid.

7. Certified Payroll

Pursuant to Article 8 of the New York Labor Law, the Contractor and all Subcontractors shall maintain and submit certified

payroll records for all work performed under this Contract. Certified payroll transcripts shall be provided to the

Municipality within thirty (30) days of the first payroll and every thirty (30) days thereafter for the duration of the Work,

and as a condition of final payment. All payroll submissions shall comply with applicable New York State prevailing wage

requirements, including electronic submission requirements where mandated by law.

Wyoming County Highway Department

THESE SHEETS SHALL REMAIN INTACT – DO NOT DETACH

Sealed bid for materials will be received at the office of the County Superintendent of Highways in Silver Springs,

New York until 10:00 a.m. local time on, March 11, 2025.

Bids must be submitted in a sealed envelope marked “Bid for Liquid Bituminous Materials”.

All bids must be submitted on the printed forms provided.

Proposals that contain any alterations, omissions, erasures, additions or information not called for on the sheets or

that contain irregularities of any kind, may be rejected as informal.

Permissions will not be given to withdraw, modify or explain any proposal or bid after it has been delivered to the

office of the County Superintendent of Highways. It is mutually understood and agreed that the bidder shall not

assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title or interest therein, or his power

to execute such contract, to any other person, company or corporation, without the previous written consent of the

County Superintendent.

The period covered by bids for the season required shall be from April 2, 2026 until November 15, 2026.

The County of Wyoming reserves the right to make purchases of materials for specific projects during the year and

to make awards for such materials on the basis of such separate bids where it appears in the best interest of the

County to do so.

All bids must have a Non-Collusive Bidding Certificate attached.

All bids must have a Hold Harmless Clause attached.

All bids must have a Certificate of Liability Insurance attached.

All bids must have a NYSDOL Certificate of Registration attached.

All bids must use the prevailing rates for Wyoming County PRC# 2026004028 (www.labor.state.ny.us)

The right is reserved to reject any or all bids.

Liquid Bituminous Materials – Bid Specifications

1. The bituminous materials shall meet the general requirements of the New York State Department of

Transportation Section 702, Bituminous Materials. All county items shall in addition meet the requirements of

Table 1. The type and grade of bituminous material used shall be as specified by the Superintendent of

Highways.

2. The successful bidder, hereinafter called the contractor, shall at any time prior to November 15, 2026 on

request made not less than twelve hours prior to delivery time, guarantee a minimum daily delivery of 25,000

gallons, if required, and agree to reimburse to the Agency any additional costs due to its inability to deliver the

required gallonage.

3. Delivery will be at temperatures requested, but will not be less than recommended for applications.

4. Each bidder may be required to submit to the Superintendent of Highways at his office samples of all items of

bituminous materials included in his bid.

5. When material furnished does not conform with specifications or is deemed unsatisfactory by the

Superintendent of Highways, material will be purchased from the next lowest bidder, and payments due will be

withheld and the contractor will be charged for all excess costs and all damage involved.

6. The contractor must own and operate his own distribution equipment.

7. All materials shall be delivered under the direction and supervision of the Superintendent, or some competent

person designated by him.

8. Any failure of the contractor to supply materials when and as needed, or as directed by the Superintendent, will

be deemed as a declaration on the part of the contractor that he does not intend to perform his contract, and the

Agency may then secure the same type or types of materials elsewhere, and charge all excess cost to the

contractor.

9. All work and operations called for on the part of the contractor shall be performed in a first-class workmanlike

manner, in accordance with the best usage of the trade involved.

10. The contractor must furnish weigh tickets for each delivery. All partially-used deliveries must be weighed on

return to plant. Each product delivery vehicle must carry at all times, a gauging stick to measure the vehicle’s

tank.

02-20-2025

Liquid Bituminous Materials

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Wyoming County Highway Department

11. The successful bidder may be required to furnish laboratory certification for each lot or batch manufactured by

their company or supplier. Such certification shall show specific gravity of API gravity and corresponding

weight per gallon as shown in petroleum tables as compiled by E. W. Saybolt Company for the material

furnished by the contract. All liquid Bituminous Materials may be sampled by a representative of the Agency

and the samples sent to a laboratory, to be designated by the Agency.

12. Payment quantity of all materials will be measured at 60 degrees F.

13. The decision with respect to the submitted bids will be made not later than the 2nd day of April and all bids

submitted shall be kept firm and in full force until such date, or until a decision is made sooner. The successful

bidder, if any, will be notified promptly, either personally, by mail, or by telephone, as soon as conveniently

possible after such decision has been made.

ASPHALT PRICE ADJUSTMENT – see below

1. PRICE - The contractor guarantees that prices are the lowest offered to any governmental unit in

Wyoming County for the same or smaller quantities under like terms and conditions. Should the successful

contractor offer any Town or Village a lower price during the contract period, such lower price shall apply to all

new orders, from the date of such offerings for the balance of the contract period, or until a further price

reduction is made. The contractor shall immediately notify the Wyoming County Highway Department in

writing of price reductions.

2. Price adjustments allowed will be based on the November, 2025 average of the F.O.B. terminal price per ton of

unmodified PG 64-22 binder without anti-stripping agent (base average F.O.B. terminal price). The new

monthly average terminal price will be determined by the New York State Department of Transportation

(NYSDOT) based on prices of pre approved primary sources of performance graded binder in accordance with

NYSDOT Standard Specification.

The November, 2025 average is $638.00 per ton. The same grade of asphalt cement used in establishing the

base average F.O.B. terminal price shall be used in establishing the new average F.O.B. terminal price. In the

event that one or more of the NYSDOT pre approved sources discontinue posting a price for asphalt cement, the

base average F.O.B. terminal price shall not be calculated.

3. The new average F.O.B. terminal price will be determined based on the above F.O.B. terminal prices posted on

the 20th of each month, hereafter known as the “Adjustment Date”, during the contract period starting with

March 20, 2026. However, price adjustments, in accordance with the formula below, will be effective for

deliveries made on and after the first of the month (i.e., June 1, 2026) following the adjustment date.

4. The unit prices of bituminous materials purchased from any award based on this specification will be subject to

adjustment based on the following formula:

Price Adj. = New Average F.O.B. - Base Average

(per. Gal.) Terminal Price

Terminal Price

235

X Total Allowable Petroleum %

NEW MONTHLY AVERAGE F.O.B. TERMINAL PLACE:

The average F.O.B. terminal price for unmodified PG 64-22 binder without anti-stripping agent

As determined by the NYSDOT Standard Specification.

BASE AVERAGE F.O.B. TERMINAL PRICE:

The average F.O.B. terminal price of unmodified PG 64-22 binder without anti-stripping agent as

As determined by the NYSDOT as of November 1, 2025.

TOTAL ALLOWABLE PETROLEUM:

The percentage of total allowable petroleum for each item is as follows:

Material

Petroleum

Total Allowable

Designation Grade

Asphalt %

Allowance %

Petroleum %

702-3801

HFRS-2P

63.0

03.0

66.2%

702-3301

HFMS-2ST

65.0

10.0

75.2%

702-4101

CRS-2

65.0

03.0

68.2%

702-4702

CRS-2P

65.0

03.0

68.2%

Tack Coat, diluted

40.0

00.2

40.2%

Tack Coat, straight

55.0

01.7

56.7%

Price Adjustments will not be allowable for materials which do not have an asphalt cement base.

EXAMPLE: Item 702.3102

Base Ave. Price = $145.00

New Ave. Price = $175.00

Total Allowable Petroleum = 66%

02-20-2025

$175.00 - $145.00 x 0.66 =

235

+ 0.0843 per gallon

Liquid Bituminous Materials

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Wyoming County Highway Department

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

Negative Price Adjustment number shall be subtracted from original per gallon Bid Price.

5. Work performed after the expiration of the contract, where no extension has been granted; resultant from

purchase orders placed prior to expiration of the contract will receive the price adjustments applicable in effect

during the last month of the contract.

6. Price adjustments for any contracts that are extended will be based on the new average for the month in which

the work is done applying the same base established for that contract.

7. Price adjustments allowed by this contract shall be calculated and applied to the original prices. There will not

be price adjustments unless the change amounts to more than $0.003 per gallon from the original price. In these

instances, prices will revert back to the original prices.

8. All price adjustments will be computed to three decimal places.

9. Should these provisions result in a price structure which becomes unworkable, detrimental or injurious to the

County or in prices which are not truly reflective of market conditions or which are deemed by the

Superintendent to be unreasonable or excessive, and no adjustment in price is mutually agreeable, the

Superintendent reserves the sole right upon ten days written notice mailed to the contractor to terminate any

contract resulting from this bid opening.

10. All price adjustments shall be published by the State; County will furnish to all contract holders whose

responsibility will be to attach the appropriate county notification (based on when the work was performed) to

the payment invoices submitted to agency.

02-20-2025

Liquid Bituminous Materials

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This page summarizes the opportunity, including an overview and a preview of the attached documents.

Bid Number:	2026-08
Bid Title:	Liquid Bituminous Materials 2026 02-20
Category:	Highway Bids
Status:	Open

Liquid Bituminous Materials 2026 02-20

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