1. 2026B-27 Cold Patch Asphalt Mix.pdf

THE METROPOLITAN DISTRICT

HARTFORD COUNTY, CONNECTICUT

INVITATION TO BID

COLD PATCH ASPHALT MIX FOR THE MDC STOCKYARD

SOLICITATION NUMBER: 2026B-27

ISSUE DATE: September 2, 2026 BIDS DUE: October 1, 2026 at 2:00 PM Eastern Time

Sealed proposals will be received by the Office of District Clerk at 555 Main Street, Hartford, Connecticut until the date and time specified above and will be publicly opened and read.

NOTICE: FAILURE TO RETURN THIS BID PROPOSAL INTACT MAY BE CAUSE FOR REJECTION.

Bid Proposal Submitted By:

Company Name

Street Address

City State Zip

Federal Tax ID CT State Business License Number

Company Contact Person Email Address Phone Number

Registered with the MDC on ProcureWare?* Yes No *Registration with the MDC on ProcureWare is mandatory.

Pre-Qualified with State of CT DAS? Yes No N/A

Introduction: About The Metropolitan District (MDC)

Part I: Notice of Invitation to Bid

Part II: Instructions for Bidders

Part III: Specifications

Part IV: Bid Proposal

Part V: Agreement

Part VI: Appendices [Supplements to Bid Proposal, Reference Materials and Forms]

Appendix A: Bid Proposal – Schedule of Prices

Appendix B: Bid Proposal – References

Appendix C: Safety Program Questionnaire

Appendix D: OSHA Compliance History Certification

Appendix E: Affidavit of Non-Collusion

Appendix F: Fair Employment Practices Qualifications Form

Appendix G: Acknowledgment of Receipt of Addenda

Appendix H: Certificate of Authority

Appendix I: Blank Certificate of Insurance Form

TABLE OF CONTENTS

The Metropolitan District is a specially chartered municipal corporation established by special act of the Connecticut State Legislature in 1929, and includes the municipalities of Hartford, Bloomfield, East Hartford, Newington, Rocky Hill, West Hartford, Wethersfield and Windsor. The District provides water and sewer services to approximately 400,000 people.

The District is governed by a board of thirty-three (33) commissioners (the “Board”) - with twenty-nine voting members from District member towns and four non-voting commissioners, each appointed by the “non-member” towns of the MDC, namely, Glastonbury, Farmington, South Windsor and East Granby. Of the voting members, seventeen (17) are appointed by the legislative bodies of the eight (8) member municipalities, eight (8) by the Governor of the State of Connecticut, and four (4) by the leadership of the Connecticut General Assembly (the “Board”).

The District is managed by a Chief Executive Officer supported by a senior executive leadership team and employs approximately four hundred seventy-one (471) full-time personnel. The District recently completed a major comprehensive organizational re-engineering process. Under the present structure, there are two (2) functional divisions: Operations & Engineering and Business Services.

Sanitary sewer services are funded through an ad valorem tax on member municipalities and, for high flow users, a sewer user charge. The funding of water services and related operations is principally through a direct use charge to customers.

Major capital improvements in excess of $27.258 million for a single project must be approved by the electorate of the member municipalities and are financed primarily through bonding. The 2026 combined water and sewer budgets for all District operations totaled approximately $241.3 million.

The water distribution system consists of upland impoundments in the Farmington River watershed, two

(2) filtration plants and approximately 1,600 miles of distribution mains. Flows in the system are primarily by gravity, with the exception of some limited pumping of treated water to higher elevations. Average treated water use is about 50 million gallons per day, and all services are metered.

The sewage collection system consists of approximately 1,200 miles of sanitary sewers serving the member municipalities. Four (4) water pollution control plants treat an average of 65 million gallons per day.

In 2006, the District entered into a Consent Order with the State of Connecticut Department of Environmental Protection to reduce Combined Sewer Overflows (CSO) to a one (1) year level of control, within fifteen (15) years (the “Consent Order”).

In accordance with the Consent Order, the District submitted updates to its CSO Long-Term Control Plan (LTCP) in 2012 and 2018. The District’s 2018 LTCP Update utilized US EPA’s Integrated Planning approach and also included an Integrated Plan (IP). The 2018 LTCP/IP was approved by CT DEEP in September 2022 via a new Consent Order, superseding the 2006 Consent Order. The 2022 Consent Order established Phase 1 of the IP and included projects to be completed through 2029. Subsequent to this, this Consent Order was then modified in 2023 in response to CT DEEP’s request to prioritize projects within Phase 1 of the IP to expedite sewer improvements in North Hartford. These projects became known as the North Hartford Pilot Program, and included work aimed at removing inflow and infiltration at the source, including private property.

Also in 2006, the District entered into a Consent Decree with the Environmental Protection Agency (“EPA”) and the U. S. Department of Justice to implement a Sanitary Sewer Overflow (“SSO”) Abatement Program, pursuant to which the District is required to eliminate structural SSO’s over a seven (7) year period for the

INTRODUCTION

ABOUT THE METROPOLITAN DISTRICT

communities of Rocky Hill, Wethersfield and Windsor, and over a twelve (12) year period for West Hartford and Newington (the “Consent Decree”).

In conjunction with the integrated planning schedules initially presented in the 2018 LTCP/IP (and the subsequent revisions in the 2022 and 2023 Consent Orders) for Consent Decree Projects, the schedule for the remaining Consent Decree projects were revised via a new Consent Decree. This Consent Decree was executed in January 2025.

The District has also identified several nitrogen removal projects designed to protect Long Island Sound and required to comply with the District’s General Permit for the discharge of nitrogen based on the adopted total maximum daily load for Long Island Sound.

The District’s coordinated multi-year response to the Consent Order, Consent Decree and nitrogen reduction requirements is “The Clean Water Project” (the “CWP”). The work under the CWP includes three (3) major elements: (1) construction of new sanitary sewers, interceptors and tunnels to reduce CSOs within the District’s collection system; (2) rehabilitation of existing sanitary sewers and construction of new interceptors to eliminate structural and non-structural SSOs from the sanitary sewers of East Hartford, Bloomfield, Wethersfield, West Hartford, Windsor, Rocky Hill and Newington; and, (3) increase treatment flow capacity and reduce nitrogen levels from the discharges of some of the District’s water pollution control facilities.

Authorization to spend for Phase I of the CWP was approved in the amount of $800 million by the MDC’s member towns through a referendum vote on November 7, 2006. A second referendum authorizing an additional $800 million for Phase II of the project was approved on November 6, 2012. Additional authorizations will be required over the remainder of the life of the CWP. Funding for the capital expenditures and debt service incurred in support of the CWP is through a separate direct use charge to customers. As approved by the District Board, this separate direct use charge has been modified to also include costs for IP Projects.

In addition, the District has undertaken a comprehensive program of asset management which involves a systemic replacement of water and sewer infrastructure in a proactive process. Capital improvement programs also include improvements to and modernization of MDC water treatment and water pollution control facilities.

In 2021, the District entered into a Consent Decree with the EPA over the 2016 Clean Air Act Sewage Sludge Incinerator (“SSI”) rule related to EPA designating the District’s incinerators as “new” under the SSI rule. The District is in compliance with the SSI rule and Consent Decree.

The District operates within a range of facilities and settings. In addition to the administrative and management staffs (legal, finance, engineering, procurement, human resources, etc.) based at the District’s headquarters building in downtown Hartford, CT, the District also operates from several other facilities within a 30-mile driving distance from the headquarters building. They include (not all facilities listed):

▪ Water treatment and distribution facilities

▪ Wastewater treatment facilities including three multi-hearth sewage sludge incinerators

▪ Operations Command Center – emergency services/response; customer service center, training facility

▪ Fleet and equipment maintenance facility

▪ Hydro-electric generating facility

▪ Fresh water reservoir facilities, including associated public recreation areas, reservoirs and contiguous woodland areas.

The District has full control of its water sources. All fresh water the District supplies to its customers comes from the District’s own reservoirs. There is no dependency on another agency or supplier within or outside the State for the District to meet its demand for fresh water.

There are occupational categories that may not be as common in other water districts or agencies. For example, the District has a small police force (“patrol”) to protect property and equipment at its more remote facilities and also to protect the public using the designated recreation areas at the reservoirs. Another somewhat unique job category is “foresters” who maintain the watershed woodland areas that surround and feed into the reservoirs.

The District utilizes SAP (an integrated ERP system) with other network and web-based technology.

Technological change drives improvement and has, as a result, changed the required knowledge, skills, and attributes of our workforce.

The District manages an award winning Geographic Information System (“GIS”) that supports its many activities. The database contains detailed utility and land base information for each of the member municipalities as well as natural resource information for watershed land. The system is capable of producing utility and street index maps as well as special purpose maps. It is also linked to the District's business application software, allowing users to query data and locate specific utility equipment. GIS also provides mapping services to member towns.

For years, the District, as a municipality, submitted its affirmative action plan and goals to the federal government. This changed in 2009. Pursuant to Public Act 09-87, the District is considered a Connecticut state agency for the sole purpose of developing and implementing an affirmative action plan that commits the District to a program of affirmative action in all aspects of personnel and administration.

1.1 NOTICE. Notice is hereby given that The Metropolitan District (MDC) is inviting companies to submit bids on Contract Number 2026B-27 for Cold Patch Asphalt Mix for the MDC Stockyard as specified in this solicitation. Sealed bids will be received by the MDC no later than 2:00 PM Eastern Time on October 1, 2026 at the Office of the District Clerk, as specified below. Potential bidders must register on the MDC’s ProcureWare Site and download the solicitation at https://mdc.procureware.com/home

1.2 TIMELINE. The scheduled timeline is as follows:

1.2.1 Date of Issuance:

1.2.2 Deadline for Questions:

1.2.3 Deadline for Bid Submittal:

1.2.4 Submit Sealed Bid:

1.2.5 Method of Submittal:

1.2.6 Procurement Contact:

September 2, 2026

September 17, 2026 at 4:00 PM Eastern Time

October 1, 2026 at 2:00 PM Eastern Time

By USPS Mail, Overnight Delivery or In Person:

Office of the District Clerk The Metropolitan District 555 Main Street Hartford, CT 06103-2915

BID: Cold Patch Asphalt Mix for the MDC Stockyard Contract Number 2026B-27

USPS Mail, Overnight Delivery or In Person EMAIL and FAX proposals are NOT acceptable.

Leland Zak lzak@themdc.com

1.3 MANDATORY PRE-BID CONFERENCE and TOUR: There will be NO Pre-Bid Conference.

Prospective bidders will be expected to have read and reviewed the Contract and submitted all questions per Section 1.4 below.

1.4 QUESTIONS & ADDENDA. All questions regarding the solicitation must be submitted in writing, by email, with the subject line “2026B-27 Cold Patch Asphalt Mix for the MDC Stockyard” to Leland Zak at lzak@themdc.com by 4:00 PM, Eastern Time, on September 17, 2026. Contact with any other person(s) employed by, or associated with, the MDC about this solicitation is strictly prohibited. Failure to adhere to this requirement may disqualify a bidder, and such decision shall be made by the MDC in its sole and absolute discretion. Questions must be received no later than the specified date and time; questions received after that date and time will not be answered. Telephone calls will not be accepted. Questions left on voice mails will neither be accepted nor answered. Responses to all questions will be in the form of addenda which will be published on the MDC ProcureWare Site at https://mdc.procureware.com/home. It is each bidder’s responsibility to check the MDC ProcureWare Site for addenda. The MDC is not bound by any information, explanation, clarification or interpretation, whether oral or written, by person(s) made that is not incorporated by addenda.

1.5 BID OPENING. Sealed Bids will be received and safeguarded by The Metropolitan District, at the office of the District Clerk of the Metropolitan District, located at 555 Main Street, Hartford, CT, 06103, until October 1, 2026, at 2:00 PM Eastern Time. At that time and place, the Bids received will be publicly opened and read aloud by video teleconference. Interested parties may join either by this link, PART I

NOTICE OF INVITATION TO BID

https://mdc.procureware.com/home mailto:lzak@themdc.com mailto:lzak@themdc.com https://mdc.procureware.com/home https://themdc.webex.com/themdc/j.php?MTID=mff70940259ad784247973be7ce5e9707 or by phone: dial (415) 655-0001, enter meeting #2300 625 6819 to connect to the bid opening.

The bid opening will not be physically open to the public. Bids will be evaluated and taken under advisement promptly after the bid opening. The bid results will be posted on the District’s ProcureWare website as soon as reasonably possible after the bid opening. The purpose of the bid opening is to reveal names of all bidders and to ascertain the apparent low bidder, not to serve as a forum for awarding the contract and/or to discuss the basis for awarding the contract.

Bids will be evaluated and taken under advisement promptly after the bid opening. Information on bid results will not be provided over the telephone or by email.

https://themdc.webex.com/themdc/j.php?MTID=mff70940259ad784247973be7ce5e9707

2.1 DESCRIPTION OF WORK. The work to be performed is described in Part III of this solicitation (Specifications). In case of discrepancy, any special conditions included in the Specifications shall take precedence over provisions in the Instructions for Bidders.

2.2 FORM OF BID. The bidder is required to examine this solicitation carefully and understand its contents. Each bid must be prepared in the manner and form specified. Applicable blank spaces (names, addresses, prices, and other required data) must be completed and phraseology of the solicitation must not be changed. This solicitation must be returned in its entirety and all pages must be in the proper sequence. Additions may not be made to the items listed; unauthorized conditions, limitations, or provisions attached to the bid may render the bid nonresponsive and result in its rejection.

2.3 PRICE. Bidders must quote firm fixed prices. Quotations are requested F.O.B destination. If quoted F.O.B. shipping point, include freight estimate and full value insurance cost. Bidders must state, in writing and in figures, the proposed price for each separate item. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted shall govern. In the event of a conflict between the price in numbers and the price in words, the price in words will control.

2.3.1 If any price is omitted, the MDC reserves the right to fill in the highest price proposed by any bidder for that item, or the bid may be rejected altogether as non-responsive. In case of discrepancy between the prices in written words and in figures, the written words shall govern. Along with pricing information, bidders must also provide complete and accurate specifications and descriptive literature of the items that are being proposed in the bid.

2.3.2 Bidders are cautioned not to submit bids that are unbalanced. If, in the opinion of the MDC, any bid submitted appears unbalanced, this action may be sufficient cause for the rejection of the entire bid, or it may result in loss to the successful bidder if certain materials are increased or decreased as provided in any contract awarded.

2.4 QUANTITIES. Quantities are given as an estimate and as a basis for the comparison of bids. The MDC reserves the right to increase or decrease the amount of any item or portion of the work. An increase or decrease in the quantity for any item shall not be regarded as sufficient grounds for an increase for decrease in the unit prices.

2.5 QUALITY. Unless otherwise expressly stated by the bidder, the bid will be considered as being in strict accordance with the Specifications in the solicitation. References to a particular trade, manufacturer’s catalog or model number are made for descriptive purposes to guide the bidder in interpreting the MDC’s requirements. They should not be construed as excluding proposals on other types of materials, equipment and supplies. However, the bidder, if awarded the contract, will be required to furnish the particular item referred to in the specifications unless a departure or substitution is clearly noted and described in the bid.

2.6 CHANGES AND ADDENDA. Responses to questions and/or any changes issued in relation to this solicitation will in the form of addenda and published on the MDC ProcureWare site at https://mdc.procureware.com/home no less than five (5) business days prior to the scheduled bid opening date. It is each bidder’s responsibility to check for Addenda on the MDC ProcureWare Site. Addenda will become a part of the Contract documents. Oral statements made by any MDC officer or employee shall not be binding.

2.6.1 Failures to receive, examine, and understand the solicitation package and all addenda shall in no way relieve bidders of obligations and requirements. The submission of a bid shall be taken as prima facie evidence of compliance with bidder’s duty to carefully review and understand the solicitation package and all addenda.

PART II

INSTRUCTIONS FOR BIDDERS

https://mdc.procureware.com/home

2.7 SUBMISSION OF BID. Bids must be in a sealed envelope and addressed, as specified in Part 1, Section 1.2. Upon submittal, all bids become the property of the MDC and are subject to public record laws. The MDC is not responsible for any delays caused by the USPS, overnight delivery services, or any other means employed by bidders. The MDC is not liable for, and will not open, any bids not received in time for the scheduled bid opening.

2.8 RESERVED

2.9 NOTICES TO BIDDER. Each bidder must indicate the address to where all notices, letters or other communications may be sent. This address may be changed only by proper delivery to the MDC of written notice of such change, signed by the bidder. The mailing or delivery by messenger of any notice, letter or communication to such address at any time including the full period of work under the Contract shall be deemed sufficient for any notice or service on the part of the MDC in connection with the Contract or any part thereof.

2.10 BID WITHDRAWAL. Bids may be withdrawn before the scheduled deadline for receipt of bids provided that the bidder submits a written request requesting the withdrawal to the Office of the District Clerk at the address specified in Part I, Section 1.2. No bid may be modified or withdrawn for a period of up to ninety (90) days, excluding weekends and legal holidays, after the scheduled deadline.

2.11 BID ACCEPTANCE AND REJECTION. The MDC reserves the right to confer with any bidder or all bidders, to waive any informalities, irregularities or omissions in bids received and/or afford any bidder an opportunity to remedy an informality or irregularity if in the sole opinion of the MDC it is in its best interest, so long as it does not provide a competitive advantage to a bidder. The MDC reserves the right to reject any one or more bids, with or without notice. The MDC’s right to reject a bid shall not be limited to the specific reasons mentioned herein. A bid may be rejected, as follows:

(a) If it is incomplete, conditional or obscure, or if it contains additions not called for, erasures, alterations, obvious errors or irregularities of any kind, or if it does not strictly conform to the requirements stated in this Solicitation;

(b) If the individual unit prices in the bid are considered by the MDC to be unbalanced in a manner likely to be detrimental to the MDC;

(c) If the MDC is of the opinion that the bid was prepared without adequate care, or under a misunderstanding of the requirements of the MDC, or if the bid is for materials other than those specified herein;

(d) For failure to furnish information and/or respond promptly (within 10 calendar days) as required by the MDC;

(e) If a bidder’s history of compliance with Occupational Safety and Health Act (OSHA) requirements shows significant willful violations or a significant number of other OSHA violations which were not resolved in favor of the bidder in the past three (3) years.

2.12 DUTY TO FURNISH INFORMATION. In order for the MDC to have sufficient and accurate information to guide it in making a contract award, bidders whose bids are being considered must comply within ten (10) calendar days upon the MDC’s notice of such a request. Requests may include, but are not limited to, the following:

(a) List of materials of similar character and magnitude which has been furnished by the bidder, or by the principals to the bid, together with information as to each such job, its character, magnitude, date, and the party to whom it was furnished.

(b) Samples which, when requested by the MDC, must be furnished free of expense to the MDC and if not destroyed, will upon request be returned at the bidder’s expense.

(c) Sworn copy of the latest statement of the financial condition of the bidder together with sworn statement(s) as to any and all changes which may have occurred to alter the financial condition since the date of the statement, with supporting evidence.

(d) Evidence bidder has ample capital, credit and other resources to finance the work without being dependent on release of portions of retained percentage before completion of work, and without having estimates for payment made more often than once each month or at such times that will conform to MDC payment practices.

2.13 ACCURATE INFORMATION & AUDIT RIGHTS. Bidders certify that all information provided in bids submitted to the MDC is true and correct and can be relied upon by the MDC in awarding, modifying, making payments, or taking any other action with respect to a written agreement entered into. Bidders certify that its accounting system conforms to generally accepted accounting principles and is sufficient to comply with the budgetary and financial obligations to produce reliable financial information.

2.13.1 Any false or misleading information is grounds for the MDC to reject a bid, terminate an award or any written agreement entered into. Termination shall relieve the MDC of any direct or consequential damages or costs incurred by bidder(s).

2.13.2 The MDC reserves the right to examine a successful bidder's records to determine and verify compliance. The successful bidder shall grant the MDC access to business records at all reasonable times during the duration of any written agreement entered into, plus three (3) years thereafter.

2.13.3 If Federal, State or MDC funds support the written agreement entered into, the appropriate Federal, State or MDC authorities may also examine these records, and retention of such records shall be in accordance with applicable laws and regulations.

2.14 BASIS OF AWARD. The Contract, if awarded, will be awarded to the lowest qualified, competent and responsible bidder as determined by the MDC, subject to any choice by the MDC of alternate plans or schemes that may have been provided for in this solicitation. The MDC shall be the sole authority in determining the lowest qualified, competent and responsible bidder, taking into consideration bidder’s experience, references, fitness, capacity, and adaptability with respect to the requirements of the scope of work and services. Bid completeness, clarity, accuracy, and compliance with the MDC requirements shall also be determining factors for award.

2.14.1 Notice of the award will be mailed to the successful bidder at the address given in the bid.

After such notice has been sent, additional notices regarding the Contract and the commencement or conduct of work may be sent to the Contractor, which shall have full effect, even if the formal document evidencing the Contract has not then been signed by the Contractor or the proper officer of the MDC.

2.14.2 Bidders must be familiar with any and all applicable Federal, State and Local laws, ordinances and regulations that may affect the work/material(s) in any manner. No plea of misunderstanding or ignorance of such laws will be considered as an excuse for failure to comply with requirements or basis for a waiver of requirements, and/or as rationale for additional compensation.

2.15 EXECUTION OF AGREEMENT. The successful bidder shall execute the Agreement and provide any and all necessary documents in connection with the contract award, within seven (7) business days from the date of written notice from the MDC. The successful bidder may be required to meet, at a time and place designated by the MDC, to execute the Agreement, in duplicate, with official seals of the Contractor, if a corporation. In case of the bidder's failure or neglect to sign the Agreement and/or to provide all necessary documents, the MDC may determine that the bidder has abandoned the contract award; thereupon, the MDC’s acceptance of the bid and the contract award shall be null and void

2.16 TIME & DELIVERY. The successful bidder shall perform the services within the time stipulated in this solicitation, and if not so stipulated, then as stated in the successful bid. The MDC shall have the right to require that all service be provided at the same time or may accept services in part from time to time within a specified period. Services shall be provided at the MDC’s place(s) of business or to such other locations designated by the MDC.

2.17 TAXES. Federal, State and/or Local Taxes are not to be included in prices quotes. The successful bidder will be furnished with an exemption certification if needed.

2.18 INDEMNIFICATION. Contractor shall at all times protect, indemnify, defend and hold harmless the MDC, any municipality included therein, the State of Connecticut, and their respective officers, agents, servants and employees on account of any and all claims, damages, losses, litigation, expenses, counsel fees and compensation arising out of injury (including death) sustained by or alleged to have been sustained by the servants, employees, or agents of the MDC, or of any municipality included therein, or the State of Connecticut, or of the Consultant, or anyone directly or indirectly employed by them, from injuries (including death) sustained by or alleged to have been sustained by the public, or by any other person or property, real or personal (including property of the MDC) to the extent caused by the negligent, willful or wanton acts or omissions of the Consultant, or anyone directly or indirectly employed by them or any of them.

2.19 COMPLIANCE WITH LAW. Contractor agrees to comply with all applicable federal, state and local laws, ordinances, regulations, rules and orders respecting all goods and services provided under this purchase and shall give required notices, shall procure necessary governmental licenses and inspections and shall pay without burden to the MDC all fees and charges in connection therewith. In the event of violation, Contractor shall pay all fines and penalties, including attorney's fees, appellate fees and other defense costs and expenses in connection therewith.

2.20 INSURANCE. Contractor shall maintain at Contractor’s own expense during the term of the Agreement the insurance requirements herein to cover any claims incurred or arising during the term of or as a result of the Contractor's performance under the Agreement. An insurance carrier authorized to do business in the State of Connecticut and having agent(s) upon whom service of process may be made within the State of Connecticut must issue the insurance which shall contain, at a minimum, the following provisions, coverages and policy limits of liability:

(a) Commercial General Liability including blanket contractual and products/completed operations coverages. The limits of liability provided shall be no less than $1,000,000 each occurrence, $2,000,000 aggregate. X, C and U coverages must be provided if applicable. Per project aggregate must apply.

(b) Umbrella Liability in excess of Employer’s Liability, Commercial General Liability and Automobile Liability with a limit of no less than $5,000,000 each occurrence. Per project aggregate must apply.

(c) Automobile Liability with limits of no less than $1,000,000 combined single limit, including coverage for owned, non-owned, hired and/or borrowed vehicles.

(d) Workers Compensation as required by Connecticut law and Employer's Liability with a limit of not less than $100,000 per occurrence, $500,000 disease policy limit and $100,000 disease each employee.

2.20.1 The MDC, State of Connecticut, and the MDC member towns and their respective officers, agents, servants and employees are to be named as additional insureds.

2.20.2 Upon written request, Contractor shall furnish a Certificate of Insurance to the MDC for each of the above required policies prior to the execution of the Agreement by the MDC.

Failure to do so within the time specified in the written request shall entitle the MDC to reject the bid for failure to meet the insurance requirements. The MDC requires that the Certificate of Insurance include the retroactive date of the policy. The retroactive date must be either before or coincident with the Agreement’s inception. Should the MDC negotiate services with additional towns, these towns must be added to the insurance policy as additionally insured. The Certificate of Insurance must contain information regarding the policies in force, policy numbers, limits, policy periods, and the following provision: “Thirty (30) days prior written notice of any material policy periods, change, non-renewal, or cancellation shall be given to the MDC, by certified mail, except in the event of non-payment or premium(s), in which case, notice shall be ten (10) days. If any insurance policy is cancelled for non-payment of premium(s), the MDC shall have the right to pay such premiums and deduct the amount thereof from the amounts due to Contractor under the Agreement.”

2.20.3 The reporting of possible claims to the MDC is necessary. The MDC requires that if any excess coverage is secured to meet the requirements that the retroactive dates be concurrent with the primary policy. The MDC requires that the Contractor pay any extended reporting period premium. If the retroactive date is moved, or if the policy is canceled or not renewed, the Contractor must invoke the “tail” coverage option at no expense to the MDC.

2.20.4 The MDC may require proof of financial responsibility and/or other securities if any insurance policy indicates self-insured retention below the minimum level of insurance required by the Agreement.

2.20.5 The acceptance by the MDC of Certificates of Insurance indicating the limits of coverage under any policy or policies shall not limit the liability of Contractor. The required insurance limits indicated above are not limits of liability.

2.20.6 The Contractor shall also provide to the MDC a statement of the State of Treasurer pursuant to the General Statutes of Connecticut (Conn. Gen. Stat.) Section 31-286a that the Contractor is not liable for any workers compensation payments made pursuant to Conn. Gen. Stat. Section 31-355.

2.21 WARRANTY. In addition to any express warranties which Contractor makes, Contractor warrants that materials used and workmanship in performing the services described herein shall be: (1) of merchantable quality, (2) fit for the particular purpose for which they will be used if that purpose is reasonably known to Contractor, and (3) comply with the specifications described in Part III herein. Contractor further warrants that the goods and services shall be free from defects in title, workmanship, and material for a period of one year from the date of acceptance. Date of acceptance shall be the date of Contractor’s delivery to the site or in the case when onsite rehabilitations are performed from the date that the District accepts the work as satisfactorily completed by the Contractor. In addition, the Contractor shall transfer to the District all warranties provided by the manufacturer of the materials supplied.

2.22 ADVERTISING. Contractor shall not engage in any advertising or other publicity that mentions that relationship between the parties or the goods and services provided under the Contract, without the MDC’s prior express written consent.

2.23 PAYMENT. The MDC will either pay each invoice or provide written notice of objection(s) to the invoice within 30 days of receipt thereof or the acceptance of goods and/or completion of all services, whichever is later.

2.24 WAIVER. The MDC’s acceptance of different or nonconforming goods and/or services shall not be construed as a waiver of any of the MDC’s rights and/or remedies under applicable law.

2.25 TERMINATION. The MDC has the right to terminate the Contract, in whole or in part, upon written notice. Upon receipt of a termination notice in accordance with the provisions below, the Contractor shall promptly discontinue all services affected, unless the notice directs otherwise.

Upon such termination, the MDC, or its representative, may incorporate in the work performed under the contract all materials and equipment stored at the site or for which the MDC has paid the Contractor, but which are stored elsewhere and complete the work, as the MDC may deem expedient. Upon termination, the MDC may take over the work and may award another party a Contract to complete the work and/or furnish the materials under the Contract. To the extent that the Contractor has provided a performance bond under the provisions of the Contract, the termination procedures of the performance bond, if applicable, shall supersede these provisions.

2.25.1 Termination for Default. The MDC has the right to terminate upon two (2) days written notice if Contractor fails to fulfill any obligations. The MDC shall not be liable to the Contractor for any sums regardless of whether the Contractor has incurred costs and expenses in attempting to fulfill the Contract. An equitable adjustment in the price provided for in the Contract may be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, and any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the MDC because of the Contractor’s default. Further, in case of Contractor's default, the MDC may procure products/services from other sources and hold the Contractor responsible for any costs associated with Contractor’s default, above the awarded Contract value.

Termination will not affect any rights or remedies of the MDC against the Contractor, then existing at the termination or which may thereafter accrue. Any retention or payment of monies due the Contractor by the MDC will not release the Contractor from liability.

2.25.2 Termination for Convenience. The MDC may be terminate for convenience, provided that the Contractor is given not less than fifteen (15) days written notice of the MDC’s intent to terminate and an opportunity for consultation with the MDC prior to termination.

2.26 PRIORITY OF DOCUMENTS. The terms and conditions of the executed Contract between the

MDC and Contractor for this Solicitation (including all documents made a part of such Contract) constitute the entire agreement between the MDC and Contractor relating to the provision of the specified services and materials identified in this Solicitation. In the event of any conflict between the terms and conditions of any of the Contract Documents, the following order of priority of such Contract Documents shall control and prevail for purposes of resolving such conflict:

2.26.1 Any modification to any of the Contract Documents executed by MDC and

Contractor, including Change Orders, duly delivered after award.

2.26.2 MDC Contract 2026B-27

2.26.3 Addenda to ITB 2026B-27

2.26.4 MDC Invitation to Bid (ITB) for 2026B-27 Cold Patch Asphalt Mix for the MDC

Stockyard (“ITB 2026B-27

2.26.5 Performance Bond, Payment Bond and other required bonds (if applicable)

2.26.6 Contractor’s Bid, submitted in response to ITB 2026B-27

2.26.7 Contractor’s Certificate of Insurance

2.27 GOVERNING LAW. This contract and purchase orders awarded shall be governed by and construed in accordance with the laws of the State of Connecticut.

2.28 RELATIONSHIP OF PARTIES. Nothing herein shall be construed in any manner so as to create an employer-employee, principal-agent, joint venture or partnership relationship between the MDC and the Contractor.

2.29 RESERVED.

2.30 NONDISCRIMINATION AND AFFIRMATIVE ACTION

2.30.1 The successful Respondent agrees to the following provisions: (1) Respondent agrees and warrants that in the performance of this Agreement Respondent will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, intellectual disability, mental disability or physical disability, including but not limited to blindness, unless it is shown by Respondent that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or the State; and Respondent further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, intellectual disability, mental disability or physical disability, including but not limited to blindness, unless it is shown by Respondent that such disability prevents performance of the work involved;

(2) Respondent agrees, in all solicitations or advertisements for employees placed by or on behalf of Respondent, to state that it is an “affirmative action-equal opportunity employer” in accordance with regulations adopted by the Commission on Human Rights and Opportunities (the “Commission”); (3) Respondent agrees to provide each labor union or representative of workers with which Respondent has a collective bargaining agreement or other contract or understanding and each vendor with which Respondent has a contract or understanding, a notice to be provided by the Commission advising the labor union, workers' representative and vendor of Respondent's commitments under C.G.S. §4a-60, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (4) Respondent agrees to comply with each provision of C.G.S. §4a-60, and with each regulation or relevant order issued by said Commission pursuant to C.G.S. §§46a-56 and 46a-86; and (5) Respondent agrees to provide the Commission with such information requested by the Commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the Respondent as relate to the provisions of C.G.S. §§4a- 60 and 46a-56.

2.30.2 The successful Respondent agrees to the following provisions: (1) Respondent agrees and warrants that in the performance of this Agreement Respondent will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or the State of Connecticut, and that employees are treated when employed without regard to their sexual orientation; (2) Respondent agrees to provide each labor union or representative of workers with which Respondent has a collective bargaining agreement or other contract or understanding and each vendor with which Respondent has a contract or understanding, a notice to be provided by the Commission advising the labor union, workers' representative and vendor of Respondent's commitments under C.G.S.

§4a-60a, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (3) Respondent agrees to comply with each provision of C.G.S. §4a- 60a, and with each regulation or relevant order issued by said Commission pursuant to C.G.S.

§46a-56; and the Respondent agrees to provide the Commission with such information requested by the Commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the Respondent which relate to the provisions of C.G.S. §§4a-60a and 46a-56.

2.30.3 The successful Respondent agrees and warrants that it will make good faith efforts to employ minority business enterprises as subcontractors and suppliers or materials to perform work or services hereunder, and Respondent shall develop and maintain adequate documentation, in a manner prescribed by the Commission, of its good faith efforts.

2.30.4 If successful Respondent has one or more contracts with an awarding agency (including the

District) or who is a party to a municipal public works contract or a contract for a quasi-public agency project shall include a nondiscrimination affirmation provision certifying that the contractor understands the obligations of this section and will maintain a policy for the duration of the contract to assure that the contract will be performed in compliance or conformance with the nondiscrimination requirements of Sections 2.30.1(1) and 2.30.2(1) above. The authorized signatory of the contract shall demonstrate his or her understanding of this obligation by either (A) initialing the nondiscrimination affirmation provision in the body of the contract, or (B) providing an affirmative response in the required online bid or response to a proposal question which asks if the contractor understands its obligations.

2.30.5 The District shall not award a contract to a Respondent that has not included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under Section 2.30.4

2.30.6 The successful Respondent shall include the provisions of Sections 2.30.1, 2.30.2 and 2.30.3 in every subcontract or purchase order entered into in order to fulfill any obligation of Respondent under this Agreement and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission. The Respondent shall take such action with respect to any such subcontract or purchase order as the Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with C.G.S. §46a-56; provided, if Respondent becomes involved in, or is threatened with, litigation with a subcontractor or vendor, as a result of such direction by the Commission, the Respondent may request the State to enter into any such litigation or negotiation prior thereto to protect the interests of the State and the State may so enter.

2.30.7 For purposes of this Article 2.30, the term “Agreement” shall include any extension or modification of the Agreement, and the term “Respondent” includes any successors or assigns of the successful Respondent; and the terms “minority business enterprise” and “good faith efforts” shall have the meanings assigned to such terms in C.G.S. §4a-60(e).

2.31 CONTRACT DURATION. The contract period is three (3) years from the date that the Agreement

(Part V of the solicitation) is signed by the MDC, subject to MDC annual budget appropriations and Contractor’s satisfactory performance appraisal, or until notice is served in accordance with Section 2.25 (sub-sections 2.25.1 or 2.25.2). The contract may be extended for two (2) additional one (1) year periods, with such option periods to be exercised at the MDC’s sole discretion. Any contract extensions shall be under the same terms and conditions, unless otherwise mutually agreed upon between the parties and reduced into writing as an Amendment to the Agreement.

2.32 PRICE ESCALATION. Pricing shall remain firm based on Contractor’s successful bid. No price increases will be allowed unless agreed to and granted by the MDC in writing. No price increase shall be granted during the first twelve (12) months of any contract awarded herein, and if applicable, during the first six (6) months of any contract extension period. In the event that Contractor requests a price increase, Contractor must submit the request in writing, specifying the sum of the increase and providing documentation to justify the need for the increase. The MDC will review the Contractor’s written request to determine whether an increase will be granted.

Contractor understands and agrees that the MDC’s decision shall be final and without recourse.

In the event a price increase is granted due to an approved escalation, the renewal percentage shall be based upon the current contract value.

2.33 OPTION TO EXTEND SERVICES. The MDC may require continued performance of any services within the limits and at the rates/prices specified in the contract, and accordingly, reserves the right to unilaterally extend the term of the contract after all other extensions provided under Section 2.31 hereof have been exhausted, the MDC reserves the right to require continued performance. This option provision may be exercised more than once, but the total extension of such term hereunder shall not exceed six (6) months. The MDC may unilaterally exercise this option by written notice to Contractor within fifteen (15) calendar days prior to the expiration of such term or the extended term, as the case may be. Pricing for any term so extended shall be at the same rates in effect at the time the option was exercised.

3.01 SCOPE. The MDC intends to obtain formal bids from qualified contractors to supply the MDC

Stockyard with Cold Patch Asphalt Mix. The selected contractor will be expected to enter into a contract for the provision of services embodying the substance of the specifications stated herein.

3.02 BID PROPOSAL REQUIREMENTS. The submittal requirements specified below shall determine whether a bidder meets the minimum standards to be considered a responsive bidder:

Bidder must complete and submit the Schedule of Prices attached as Appendix “A” and bid firm fixed prices with all associated costs for delivering Cold Patch Asphalt to the Districts stockyard located at 125 Maxim Road, Hartford, CT.

NOTE: The Schedule of Prices includes the initial three (3) years of service as well as items covering the same provisions for Option Year 1 and Option Year 2.

Bidder must demonstrate to the MDC that bidder is qualified and competent to perform the Work.

Documentation of experience must be submitted as follows:

(i) Bidder must submit at least three (3) references by completing Appendix “B” and attach any supplemental pages as may be necessary to provide information on reference projects/customers, its character, complexity, magnitude, date, location, the name of the person responsible for supervising and confirming the work, and a statement that the work was completed in satisfactory manner. References must be customers that bidder currently supports or has supported in the last five (5) years on projects that are similar in scope, complexity and cost to the requirements of this Solicitation. Contact information for references must include the company name, mailing address, company telephone number, point of contact name, point of contact email address, point of contact phone number, and service dates.

(ii) Bidders must submit a written history of their past/present working relationship with customers named as references. Bidder must provide, at a minimum, a brief history of the working relationship and specify length of the relationship, level of interaction between bidder and the customers.

(iii) Bidder must complete and submit the required MDC Safety Documents (MDC Safety

Program Questionnaire and OSHA Compliance History Certification) attached as Appendix “C” and attach any supplemental pages as may be necessary to provide the requested information.

3.03 GENERAL DESCRIPTION OF WORK.

Cold Patch Asphalt Mix shall be furnished for permanent or temporary repair of potholes, utility cuts, pavement failures, edge repairs, and other asphalt maintenance applications on roadways, parking…