Liquid Asphalt Emulsion 2026

It is the intent of the Town of New Milford Public Works Department to award a bid for CRS-1 or 2/CMS-1 or 2 Liquid Asphalt Emulsion to be used in our 2019 DuraPatcher P5 Pothole Patching Machine. This bid shall consist of furnishing the necessary material needed to supply our pothole patching machine year round, including winter and summer mix, which will be stored in our 4,000 gal heated storage tank located at 533 Danbury Rd. New Milford, CT.

The Town reserves the right to accept or reject any and all bids in part or in whole.

Project Details

• Department: Public Works
• Department Head: Jack Healy (Public Works Director)

Important Dates

• Questions Due: 2026-05-25T12:00:00.000Z
• Answers Posted By: 2026-05-28T21:00:00.000Z

Evaluation Criteria

• Invitation to Bid Notice —

  Sealed bids will be received via the Town’s e-Procurement Portal, OpenGov Procurement, until 3:30 pm, on Thursday, June 4, 2026 for Liquid Asphalt Emulsion 2026. Bids will be opened publicly in the E. Paul Martin Room by the Purchasing Authority, Thursday, June 4, 2026 at 3:30 pm. Late bids will not be accepted through OpenGov Procurement and will be rejected.

  INTENT: The Town seeks a qualified firm for the purchase of Liquid Asphalt Emulsion 2026.

  Specifications and bid forms must be obtained online through OpenGov Procurement. The exclusive means by which all prospective bidders may obtain bid packages, direct inquiries, request and receive addenda and supplemental information, and submit bids and proposals, shall be through the Town of New Milford’s “OpenGov Procurement” portal.

  When applicable, state bids will be considered for this service.

  The Purchasing Authority reserves the right to reject any and all bids. In addition to the bid specifications, all bids are subject to the terms, provisions and conditions of the New Milford “Municipal Purchases” Ordinance, set forth in Article III, Section 2-92 (a) through (o) inclusive, of the Code of New Milford. By bidding on the proposed purchase, the bidder agrees to such terms, provisions and conditions.

  Any bidder found by the Purchasing Authority to be delinquent in the payment of taxes and/or sewer use charges due to the Town of New Milford shall be subject to the provisions of Section 2-92 (e) of the Code of New Milford. Copies of the Bid Ordinance may be obtained at the Office of the Town Clerk, Town Hall.

   

  Pete Bass, Mayor

  An Equal Opportunity/Affirmative Action Employer

• Submission of Bids —

  The Town of New Milford, CT (“Town” or “Municipality”) invites bids on the project and services described herein to be submitted via the Town’s e-Procurement Portal, OpenGov Procurement. Bids will be received until 3:30 pm on Thursday, June 4, 2026 and then publicly opened and read aloud.

  The Municipality reserves its right to consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or the authorized postponement thereof. Any bid received after the time and date specified shall not be considered or accepted through OpenGov Procurement. No bidder may withdraw a bid within 45 days after the actual date of the opening thereof. The Municipality may accept or reject any or all bids or any portions thereof and take any action deemed to be in the best interest of the Town.

• Estimated Quantity —

  Actual amount of time required by the Town may vary. There are no estimated quantities with this bid package.

• Pre-Bid Meeting —

  A mandatory pre-bid meeting shall be held on NO VALUE at NO VALUE at: NO VALUE.

  Any bids from firms that did not attend the pre-bid meeting will be rejected as non-responsive.

• Preparation of Bid —

  Bids must be submitted via the Town’s e-Procurement Portal. All blank spaces for bid prices must be filled in, through the system. Any deviations from the specifications listed herein shall be provided with the bid submittal. If so equipped with deviation list this bid sheet shall be marked with the deviations accordingly on each item.

  Only complete bids will be accepted. In order for a bid to be complete, all required documents must be submitted as provided for in this solicitation.

• Term —

  Prices shall remain in effect for one (1) year following the award of the bid. The Town reserves the right to extend this contract an additional two (2) years upon mutual written agreement with the successful bidder.

• General Specifications —

  Materials:

  1. CRS-1 or 2 Liquid Asphalt Emulsion Summer Mix

  2. CMS-1 or 2 Liquid Asphalt Emulsion Winter Mix

  All materials for this bid shall be the correct and proper material to be used in a 2019 Durapatcher P5 pothole patching machine

  Deliveries will be made as requested and within two to three days of request. A call prior to delivery is also necessary as the site material is stored at is unmanned.

  Deliveries must be made in a single type vehicle as entry to storage location is limited. A tractor trailer type vehicle will not be able to make delivery to this location.

  Deliveries will be in quantities of 3,000 gal per delivery.

• Addenda and Interpretations —

  No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally, either in person or via phone.

  All questions related to this ITB shall be submitted in writing through the OpenGov Procurement Question/Answer Tab via the Town's e-Procurement portal, on or before, Monday, May 25, 2026 by 8:00 am. Please be sure to enter each question separately (1 question per box) and include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. 

  Bidders must clearly understand that the only official answer or position of the Town shall be the one stated in writing and posted in the Town's e-Procurement portal. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the Town's e-Procurement Portal.

  When asking questions, please be sure to enter each question separately (1 question per box).

  Any addenda shall be posted on the Town's e-Procurement Portal.

  Addenda notifications will be emailed to all persons on record as following this ITB. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents.

• Qualifications of Bidder —

  The Municipality may make whatever investigations it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Municipality all information and data for this purpose as the Municipality may request. The Municipality reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the Municipality that the bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

• Pre-Bid Meeting —

  A non-mandatory pre-bid meeting shall be held on NO VALUE at NO VALUE at:

  NO VALUE.

  All bidders are highly encouraged to attend this meeting.

• Administrative Requirements & Records —

  1. This bid will be awarded for the total bid amount per category

  2. All MSDS sheets shall be supplied with the bid by the contractor to be kept on file at the Public Works Department.

  3. Invoices shall include Purchase Order Number

• Pre-Bid Meeting —

  A mandatory pre-bid meeting shall be held on NO VALUE at NO VALUE at: NO VALUE.

  Any bids from firms that did not attend the pre-bid meeting will be rejected as non-responsive.

• Escalation —

  The Town will allow for escalation as current pricing market is fluctuating. Prior to price adjustment, approval by Director of Public Works or his designee is required in writing.

• Safety & Environmental Compliance — The successful bidder must follow all applicable OSHA and ConnDOT standards for performing the work at all times. Failure to follow applicable OSHA and ConnDOT standards is grounds for immediate cancelation of the contract at no cost to the Town of New Milford. The successful bidder shall provide any applicable training documentation demonstrating compliance with applicable safety regulations upon receipt of the initial purchase order and updates at each subsequent order.
• Pre-Bid Meeting —

  A non-mandatory pre-bid meeting shall be held on NO VALUE at NO VALUE at:

  NO VALUE.

  All bidders are highly encouraged to attend this meeting.

• Basis of Award —

  The following factors will be considered in selecting a contractor:

  1. Lowest cost responsible bidder
  2. The ability, capacity and skill of the bidder to supply the services required
  3. Whether the Bidder can provide the service within the specified time, without delay or interference

  The bid prices shall be deemed all inclusive (i.e. fuel costs, labor, insurances, equipment, services, etc.) necessary to complete the project assigned.

• Non-Employment Relationship — The Town and the successful bidder are independent parties. Nothing contained in the Contract shall create, or be construed or deemed as creating, the relationships of principal and agent, partnership, joint venture, employer and employee, and/or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the terms and conditions of the Contract. The successful bidder understands and agrees that it is not entitled to employee benefits, including but not limited to workers compensation and employment insurance coverage, and disability. The successful bidder shall be solely responsible for any applicable taxes.
• Presumption of Proposer's Full Knowledge —

  Each bidder is responsible for having read and understood each document in this specification and any addenda issued by the Town. A bidder’s failure to have reviewed all information that is part of or applicable to this specification, including but not only any addenda posted on the Town’s e-Procurement Portal, shall in no way relieve it from any aspect of its proposal or the obligations related thereto.
  
  Each bidder is deemed to be familiar with and is required to comply with all federal, state and local laws, regulations, ordinances, codes and orders that in any manner relate to this specification or the performance of the work described herein.
  
  By submitting a bid, each bidder represents that they have thoroughly examined and become familiar with the scope of work outlined, and it is capable of performing the work to achieve the Town’s objectives.

• Insurance Requirements —

  A certificate of Insurance is required to be submitted upon execution of any agreement.
  Contractors shall carry the following minimum insurance coverage’s and the provisions specified below must be met.

  • Insurance carriers providing the required insurance coverage’s must have an A.M. Best’s financial rating of “A-VII” or better.

  • The Town of New Milford, its officials, employees and volunteers, MUST be named as additional insured with reference to this project on a primary and non-contributory basis. The insurer shall waive all rights of subrogation against the Town of New Milford, CT, its officers, employees and volunteers arising from work performed by the Contractor.

  • The policy endorsement evidencing this coverage must be provided with the certificate of liability insurance. Any changes in insurance coverage will require (30) thirty days of notice to the Town of New Milford by certified mail with return receipt requested.
  • The contract should have a hold harmless indemnification agreement provision which protects the Town of New Milford to the greatest extent that Connecticut Law will allow.
  • If Umbrella Liability is used to make up required limits, the policy shall not reduce or restrict coverage provided by the underlying Commercial General Liability or Automobile Liability insurance policies.
  • Note that these limits are not all inclusive and are subject to change to reflect scope and cost of individual projects. These minimum required limits are not a limitation of contractor liability.
  • Any changes in insurance coverage will require thirty (30) days’ notice to the Town of New Milford.
  1. Commercial General Liability
     (Form 1988 ISO Occurrence Form or equivalent) Limits of Liability shall be combined bodily injury & property damage.
     General Liability Aggregate $1,000,000.
     Products & Completed Operations Aggregate $1,000,000.
     Personal Injury $1,000,000.
     Each Occurrence for Bodily Injury and Property Damage $2,000,000.
     Fire Damage (Any One Fire) $ 50,000.
     Medical Expense (Any One Person) $ 5,000.
     Umbrella Excess $2,000,000.
     Umbrella limits over General Liability limits may be used to make up the required limits. The additional insured coverage MUST be provided by the Umbrella to mirror the General Liability coverage.
  2. Automobile Liability
     Policies must include coverage for all vehicles utilized on the job including owned vehicles, hired vehicles and non-owned vehicles. Limits of insurance shall be combined single limit bodily injury and property damage $1,000,000. Umbrella limits over Automobile Liability limits may be used to make up the required limits.
  3. Statutory Workers Compensation and Employers Liability
     Policy coverage will include limits of $100,000 each accident, $100,000 Disease-each employee and $500,000 Disease-policy limit, or in accordance with the requirements of the State of Connecticut, whichever is greater.
• Insurance Requirements —

  A certificate of Insurance is required to be submitted upon execution of any agreement.

  The Contractor must carry the following minimum insurance coverages:

  1. Commercial General Liability (Form 1988 ISO Occurrence Form or equivalent)
     Limits of Liability shall be combined bodily injury and property damage:
     General Liability per occurrence $1,000,000
     Products and Completed Operations Aggregate $1,000,000
     Personal Injury $1,000,000
     Each Occurrence Aggregate $2,000,000
     Fire Damage (Any One Fire) $ 50,000
     Medical Expense (Any One Person) $ 5,000
     The insurer shall waive all rights of subrogation on all applicable policies against the Town of New Milford, the New Milford BOE, its officers, employees and volunteers arising from all contracts, agreements and work performed by the Contractor for the Town of New Milford.
  2. Automotive Liability, including owned vehicles, hired vehicles and non-owned vehicles. Limits of insurance shall be combined single limit bodily injury and property damage: $1,000,000
     Umbrella limits over Automotive Liability limits may be used to make up the required limits.
  3. Statutory Workers Compensation and Employers Liability
     Each Accident $ 100,000
     Disease – each employee $ 100,000
     Disease policy limit $ 500,000
     Or in accordance with the requirements of the laws of the State, whichever is greater.
  4. Umbrella/Excess: $2,000,000
  5. If Umbrella Liability is used to make up required limits, the policy shall not reduce or restrict coverage provided by the underlying Commercial General Liability or Automotive Liability insurance policies.
     Umbrella limits over General Liability limits may be used to make up the required limits. The additional insured coverage MUST be provided by the Umbrella to mirror the General Liability coverage.
  6. Insurance carriers providing the required insurance coverages must have an A.M. Best’s financial rating of “A-VII” or better.
  7. The Town of New Milford, its officials, employees, and volunteers, MUST be named as additional insured on a primary and non-contributory basis. The policy endorsement evidencing this coverage must be provided with the Certificate of Liability Insurance.
  8. Note these limits are not all inclusive and are subject to change to reflect scope and cost of individual projects. These minimum required limits are not a limitation of contractor liability.
  9. Any changes in insurance coverage will require thirty (30) days notice to the Town of New Milford.
• Insurance Requirements —

  During the term of the services provided as part of this RFP, the successful bidder must procure and maintain insurances as outlined below:

  The consultant shall secure, pay for and maintain such insurance as will protect it from claims under Workers' Compensation Acts, claims for damages because of bodily injury, including but not limited to claims for personal injury, sickness or disease or death of any person as a result of the nature of its work under the terms of the Agreement between the parties, and from all claims for damages because of injury to or of destruction of property, including but not limited to loss of use resulting there from which may arise out of any of the services provided pursuant to the Agreement between the parties.

  1. The consultant shall provide a certificate of insurance evidencing the following required minimum coverages:
     General Liability per occurrence $1,000,000
     Personal Injury $1,000,000
     Aggregate $2,000,000
     Professional liability $1,000,000
     Fire Damage (Any One Fire) $ 50,000
     Medical Expense (Any One Person) $ 5,000
     An error and omissions protection provision shall be provided.
     The insurer shall waive all rights of subrogation on all applicable policies against the Town of New Milford, the New Milford BOE, its officers, employees and volunteers arising from all contracts, agreements and work performed by the Contractor for the Town of New Milford.
  2. Automotive Liability, including owned, hired and non-owned vehicles. Limits of insurance shall be combined single limit bodily injury and property damage: $1,000,000
  3. Statutory Worker’s Compensation and Employer’s Liability.
     Each Accident $ 100,000
     Disease – each employee $ 100,000
     Disease policy limit $ 500,000
     Or in accordance with the requirements of the State, whichever is greater.
  4. Umbrella /Excess $ 2,000,000
  5. The Town of New Milford, CT its officers, agents, employees, and volunteers MUST be named as “Additional Insured” with reference to this project on a primary and non-contributory basis on applicable policies.
  6. The selected consultant shall indemnify and hold the Town of New Milford harmless from and against all claims to the fullest extent permitted by law.
  7. Consultant is an independent contractor. No employment relationship exists between the parties.
  8. The insurer shall waive all rights of subrogation against the Town of New Milford, its officers, employees and volunteers arising from work performed by the Consultant for the Town of New Milford.
  9. If any insurance required herein is to be issued or renewed on a “claims made” form as opposed to an “occurrence” form, the retroactive date for coverage shall be no later than the commencement date of the Agreement between the parties and shall provide that in the event of cancellation or non-renewal, the discovery period for insurance claims ("Tail Coverage") shall be available for at least sixty (60) months. The insurance requirements of this Agreement are an integral element of the Agreement. Any defect in the insurance required in the Agreement may result in termination of this Agreement, at the sole option of the Town.

Submission Requirements

• Indemnification, Acknowledgement & Agreement (required) —

  BID: Liquid Asphalt Emulsion 2026

  BID OPENING: Thursday, June 4, 2026

  To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the Town of New Milford, and agents and employees of said Town from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss or use resulting therefrom, but only to the extent caused in whole or in part by acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to the Town of New Milford. In claims against any person or entity indemnified under this paragraph by an employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the contractor or a subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

  Contractor acknowledge and understands that the Town of New Milford has adopted as its policy, the nondiscrimination agreements and warranties required under Connecticut General Statutes § 4a-60(a)(1) and § 4a-60a(a)(1), as amended in State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142, as those statutes may be amended from time to time. Contractor further agrees to comply with such mandates.

  Please confirm below that the bidder understands and agrees with the preceding paragraph.

• Non-Collusion Affidavit (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Insurance Requirements —

  Please upload proof of your Insurance here. A Certificate of Insurance naming the Town as additional insured will be required from the successful bidder within ten (10) calendar days.

• Other Documentation —

  Please provide any additional documentation that would pertain to this project here. For example: Licenses, certifications, etc.

• Statement of Qualifications Form (required) —

  Please download the below documents, complete, and upload.

• Statement of Contractor Qualifications Acknowledgement (required) —

  Please take notice that by furnishing a bid and responding to the Statement of Qualifications, bidder agrees, acknowledges and understands that bidder’s responses will be considered true and will be relied upon by the Town. In the event any response is not accurate the Town may immediately and summarily terminate the bidder’s contract or arrangement and disqualify the bidder from future projects, in the Town’s sole judgment and discretion.

• Please confirm below (required) —

  I understand, that the exclusive means by which all prospective bidders may obtain bid packages, direct inquiries, request and receive addenda and supplemental information, and submit bids and proposals, shall be through the Town of New Milford's procurement portal.

  Please confirm below that the bidder understands and agrees with the preceding paragraph.

• Description of Services (required) —

  Please provide a brief description of the type of services pertaining to this project.

  For example: traffic control flagging

• Insurance Requirements (required) —

  What insurance will be required for this project?

• Contractor's Qualifications (required) —

  Will this project require the Contractor's Qualifications Form to be completed?

• Pre-Bid Meeting (required) —

  Please select the type of pre-bid meeting that will be held for this project.