RFP - MUNICIPAL BUILDING ROOF EVALUATION SERVICES, SIMSBURY, 2026

TOWN OF SIMSBURY

DEPARTMENT OF PUBLIC WORKS

933 HOPMEADOW STREET

SIMSBURY, CT 06070

REQUEST FOR PROPOSAL

FOR

MUNICIPAL BUILDING ROOF EVALUATION SERVICES, SIMSBURY, 2026

The Town of Simsbury is soliciting proposals for MUNICIPAL BUILDING ROOF EVALUATION SERVICES, 2026. The Town Simsbury is seeking qualified roofing professionals to provide the professional consulting services associated with the inspection of assessment of the roofing systems at the following municipal buildings:

Town Hall - 933 Hopmeadow Street (current material: asphalt and rubber)

Eno Memorial Hall - 754 Hopmeadow Street (current material: slate)

Simsbury Public Library- 725 Hopmeadow Street (currently material: asphalt and EPDM)

The purpose of the professional services is to document the general condition of each roof, identify maintenance and repair needs, estimate remaining useful life, and provide an-order-of-magnitude costs for future maintenance and roof replacement for municipal capital planning. The report should report costs for: 1) immediate repairs, 2) a 1-5 year outlook and 3) a longer-term total replacement.

The total replacement for Eno Hall should assume a new asphalt shingle roof.

Sealed proposals will be accepted by Amy Merriweather, Director of Finance, 933 Hopmeadow Street (Rt. 10/202), Simsbury, CT until 10:00 a.m., November 19, 2026.

Specifications and Proposal documents may be obtained electronically via the Town’s web site at the following link: https://www.simsbury-ct.gov/Bids.aspx?CatID=17. Proposal documents will not be mailed or faxed.

STANDARD INSTRUCTIONS

MUNICIPAL BUILDING ROOF EVALUATION

SERVICES, SIMSBURY, 2026

1. Project Overview:

The Town of Simsbury is seeking a qualified roofing professional to provide consulting services to evaluate and assess the roofing systems at the following municipal buildings:

Town Hall – 933 Hopmeadow Street

Eno Memorial Hall – 754 Hopmeadow Street

Simsbury Public Library – 725 Hopmeadow Street

The purpose of the evaluations is to document the general condition of each roof, identify maintenance and repair needs, estimate remaining useful life, and provide rough-order-of-magnitude costs for future maintenance and roof replacement for municipal capital planning.

2. Key Event Dates:

Request for Proposal Issued October 23, 2026

Pre-Proposal Conference (optional) November 3, 2026 10:00 am @ 754 Hopmeadow St.

Proposals Due November 19, 2026 @ 10:00 am

Commencement of Work Within ten (10) calendar days of Notice to Proceed

3. Proposal Submission Instructions:

A. One (1) original and one (1) copy of all Proposals must be submitted in a sealed envelope with the consultant’s name on the outside of the envelope and clearly marked “Sealed Proposal for Town of Simsbury – MUNICIPAL BUILDING ROOF EVALUATION SERVICES, SIMSBURY, 2026”. If forwarded by mail or courier, the sealed envelope must be addressed to “Amy Meriwether, Director of Finance, 933 Hopmeadow Street (Rt. 10/202), Simsbury, CT 06070”. Proposals must be at the office of the Director of Finance prior to 10 a.m., November 19, 2026. Postmarks are NOT an acceptable waiver of this policy. Once the first Proposal is opened, all Proposals are deemed final and no corrections or alterations may be made.

B. Ditto marks or words such as “SAME” must not be used for the Proposal to be considered.

C. All information must be submitted in ink or typewritten. Errors, alterations or corrections must be shown on both the original and all required copies and each must be initialed by the person signing the Proposal.

D. Proposals are considered valid for ninety (90) days after Proposals are opened. Consultants may not withdraw, cancel or modify their Proposal during this ninety (90) day period after Proposals are opened.

E. An authorized person representing the legal entity of the consultant must sign Proposals.

F. The inability to meet any specified requirement(s) must be stated in writing and attached to the Proposal form, or written on the Proposal form. If no exceptions are noted, it shall be assumed that the terms of the Invitation to Proposal have been accepted.

G. The Town of Simsbury reserves the right to waive any minor informality in a Proposal when such a waiver is in the best interest of the Town.

4. Evaluation Requirements

The consultant shall conduct a visual evaluation of all reasonably accessible roof areas and associated roofing components. The evaluation shall, as applicable:

A. Overall condition and remaining useful life

B. Roofing materials and signs of deterioration

C. Flashings, seams, penetrations, valleys, ridges, hips, and roof edges

D. Drains, gutters, scuppers, and general drainage

E. Evidence of leaks, ponding, or water infiltration

F. Previous repairs and areas of recurring problems

G. Roof-to-wall and masonry interfaces

H. Conditions contributing to premature deterioration

I. Recommended maintenance and repairs

The consultant shall identify deficiencies requiring immediate attention as well as items that can be addressed through routine maintenance or incorporated into future capital projects.

5. Building Specific Requirements

A. Town Hall – 933 Hopmeadow Street

Town Hall is primarily an asphalt shingle roof. The Town has observed premature shingle deterioration and suspects that inadequate attic/roof ventilation may be contributing to reduced shingle life.

The consultant shall specifically evaluate:

Condition and expected remaining life of the shingles Evidence of premature deterioration Attic and roof ventilation, including intake and exhaust ventilation Whether existing ventilation is adequate and properly functioning Evidence of excessive heat or moisture accumulation Flashings, valleys, penetrations, and roof edges

The consultant shall provide recommendations for improving ventilation if deficiencies are identified, including a rough budget allowance where appropriate.

Town Hall also has several rubber/low-slope roofs approximately 15 years old that are currently believed to be in generally good condition. These areas shall be evaluated for membrane deterioration, seams, flashings, penetrations, drainage, ponding, and previous repairs.

Recommended maintenance shall be identified and budgeted. If replacement appears necessary within the planning period, provide a rough replacement cost.

B. Eno Memorial Hall – 754 Hopmeadow Street

Eno Memorial Hall has a slate roof dating to approximately 1932, and its current condition and remaining useful life are uncertain.

The consultant shall assess the condition of the slate, fasteners, flashings, valleys, ridges, hips, penetrations, masonry interfaces, and evidence of previous repairs or water infiltration.

The consultant shall provide an opinion regarding the remaining useful life of the existing slate roof and whether continued maintenance is a practical option or whether replacement should be anticipated.

For capital planning purposes, the Town specifically requests a rough replacement estimate based on replacing the existing slate roof with an asphalt shingle roof, rather than replacing the slate in-kind. The estimate should include typical associated work such as removal, underlayment, flashing, ventilation improvements where appropriate, and an allowance for deteriorated decking.

C. Simsbury Public Library – 725 Hopmeadow Street

The Library has an asphalt shingle roof installed in the spring of 2008, which is generally believed to be in good condition.

The consultant shall verify its condition, identify maintenance needs, assess remaining useful life, and identify any issues that could affect its expected service life. A rough replacement cost for an asphalt shingle roof shall also be provided for future capital planning.

The Library also has several low-slope EPDM roofs. These shall be evaluated for membrane condition, seams, flashing, penetrations, drainage, ponding, patches, and evidence of leaks. The consultant shall identify recommended maintenance or repairs that could extend their useful life and provide a rough budget for this work. If replacement is anticipated, provide a rough replacement cost.

6. Cost Estimates and Capital Planning

The consultant shall provide rough-order-of-magnitude estimates suitable for municipal budgeting and capital planning.

At a minimum, estimates shall address:

A. Recommended immediate or short-term maintenance and repairs.

B. Anticipated major repairs within approximately 1–5 years.

C. Future roof replacement costs for each major roofing system.

Replacement estimates shall be based on:

A. Town Hall: Asphalt shingle replacement and replacement of low-slope rubber roofing where applicable.

B. Eno Memorial Hall: Asphalt shingle replacement in lieu of the existing slate roof.

C. Library: Asphalt shingle replacement and EPDM replacement where applicable.

Estimates should identify significant assumptions and allowances, including decking, flashing, ventilation, removal/disposal, and other major components where appropriate.

7. Report/Deliverables

The consultant shall provide a written report containing, at a minimum:

A. General condition of each roofing system

B. Photographs documenting significant conditions

C. Identified deficiencies and recommended repairs

D. Recommended maintenance

E. Estimated remaining useful life

F. Recommended replacement timeframe

G. Rough-order-of-magnitude maintenance and replacement costs

H. Recommended priorities, generally categorized as Immediate, 1–3 Years, 3–5 Years, or 5+ Years

I. Assumptions and limitations of the evaluation

The report may be provided as one consolidated report with separate sections for each building.

8. Evaluation Limitations

The evaluation shall be a visual, non-destructive assessment of reasonably accessible areas. The consultant shall identify any areas that cannot be evaluated and any resulting limitations.

If additional testing, such as moisture surveys, infrared scanning, core samples, or destructive investigation, is recommended, the consultant shall identify the need and provide a separate cost proposal before proceeding.

9. Proposal Requirements

Interested firms shall provide:

A. Company qualifications and relevant roofing experience

B. Key staff and resumes

C. Experience with municipal/institutional and historic roofing systems

D. Proposed evaluation methodology

E. Personnel performing the evaluations

F. Proposed schedule

G. Cost to evaluate each building and total project cost

H. Cost for any optional testing or additional services

I. References and/or examples of similar projects

10. Questions:

Any questions about this project should be directed to: Matthew Hopkins, Facilities Supervisor, by email pubworks@simsbury-ct.gov, or by mail Department of Public Works, PO Box 495, Simsbury, CT 06070. To receive consideration, such questions must be received at least five (5) business days before the established date for receipt of Proposals. No oral interpretations shall be made to any respondent as to the meaning of any of the Proposal documents. Every request for an interpretation shall be made in writing.

The Town will respond to all appropriate questions received via an addendum available to all prospective consultants. Such addenda will become part of this Request For Proposal and the resulting contract. At least three (5) days prior to the receipt of Proposals, the Town will post a copy of any addenda to its website, located at: https://www.simsbury-ct.gov/Bids.aspx?CatID=17. It shall be the responsibility of each consultant to determine whether addenda have been issued, and if so, to download copies directly from the Town’s website.

11. Presumption of Consultant Being Fully Informed:

At the time the first Proposal is opened, each consultant is presumed to have read and is thoroughly familiar with all Proposal ding documents as well as all contract documents for this project. Failure or omission of the consultant to receive or examine any documentation or information concerning this Proposal shall in no way relieve any consultant from obligations with respect to their Proposal.

12. Pre-Proposal Conference:

An optional pre-proposal conference will be held at the Eno Memorial Hall, 754 Hopmeadow St., Simsbury at 10am on Thursday, November 3, 2026. The intent of this conference is to provide an outline of the project and to provide clarification to any potential consultants. Prospective consultants are encouraged to visit and inspect the project site and to carefully review the Invitation to Proposal in advance of this conference to provide for a meaningful discussion. All salient points of the conference and responses to any questions will be provided via addendum

13. Interpretation of Acceptable Work:

All work on this project is to be in accordance with the specifications, Proposal ding and contract documents are to be interpreted as meaning those acceptable to the Town of Simsbury. Work is to be done in a clean and workman like fashion and meet industry best practices for quality and performance.

14. Wage Rates:

State of Connecticut Department of Labor Prevailing Wage rates apply for any contract for new construction over $1,000,000, and contracts for renovations of over $100,000. Copies of these wage rates are incorporated in the Contract Documents for reference, contractor is responsible for confirm current rates with Connecticut Department of Labor. Each CONTRACTOR or Subcontractor performing Work on this Project shall comply in all respects with all laws governing the employment of labor, Social Security, and Unemployment insurance of both State and Federal government. Contractors must submit certified payroll documentation with each payment application for processing. Payment applications will not be approved without certified payroll.

15. Tax Exemptions:

The consultant shall be aware that the Town of Simsbury is exempt from Federal Excise Taxes and Connecticut Sales and Use Taxes. Appropriate tax exempt forms will be provided to the successful consultant(s) as part of the contract award process.

16. Insurance Requirements:

The Contractor must carry the following types of insurance under which the Town is named as an additional insured on a primary and non-contributory basis, as follows:

Such insurance must be by insurance companies licensed to write such insurance in Connecticut against the following risks with the following minimum amounts and minimum durations.

A. Workman's Compensation, as required by Connecticut State Statute.

Employer’s Liability: at least $100,000 per employee/ $1,000,000 per incident, and $1,000,000 per policy.

Public Liability, Bodily Injury Liability and Property Damage Liability as follows:

Injury or death of one person: $1,000,000 Injury to more than one person in a single accident: $1,000,000 Property damage in one accident: $1,000,000 Property damage in all accidents: $1,000,000

B. Automobile (including owned, hired, non-owned) and Truck (Vehicular) Public Liability, Bodily Injury Liability, and Property Damage Liability as follows:

Injury or death of one person: $1,000,000

Injury to more than one person in a single a single accident: $1,000,000 Property damage in one accident: $1,000,000 Property damage in all accidents: $1,000,000

C. Builders Risk including Fire and Extended coverage:

In an amount equal to the value of construction completed plus materials delivered to the site.

D. Excess Liability Insurance. The CONTRACTOR shall maintain excess liability, which shall be over and above the commercial general liability insurance and business automobile liability insurance requirements, with limits of not less than:

Excess Liability: $5,000,000

Insurance under B, C, and D above must provide for a 30-day notice to the Town of cancellation/or restrictive amendment.

Insurance under B, C, and D above must be for the whole duration of the contract and for at least twenty-four (24) months after acceptance of the project by the Town.

The Town of Simsbury shall be named as additional insured on the general liability, umbrella liability and automobile liability policies. A waiver of subrogation is required in favor of the Town of Simsbury on all insurance policies, including workers’ compensation.

Insurance under B, C, and D above must provide for a 30-day notice to the Town of cancellation/or restrictive amendment.

Insurance under B, C, and D above must be for the whole duration of the contract and for at least twenty-four (24) months after acceptance of the project by the Town.

A waiver of subrogation is required in favor of the Town of Simsbury on all insurance policies, including workers’ compensation.

Subcontractors must carry A, B, C, and D in at least the same amounts as above for the duration of the project and until acceptance by the Town.

Certificates of insurance with the Town named as additional insured, along with a copy of the relevant policies and list of endorsements, must be submitted to the Director of Public Works prior to the signing of the contract and within ten days of notification of award of contract. Should any insurance expire or be terminated during the period in which the same is required by this contract, the Director of Public Works shall be notified and such expired or terminated insurance must be replaced with new insurance and a new certificate furnished to the Director of Public Works.

Failure to provide the required insurance and certificates may, at the option of the Town, be held to be a willful and substantial breach of this contract.

NOTE: Coverage under "B" shall include XCU coverage as necessary, Collapse and Underground shall be provided for ALL Contracts. Explosion will be provided if specified, or prior to any blasting being performed under the Contract.

Indemnification: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the Town of Simsbury from and against all claims, bodily injury and property damage, judgments and expenses, including attorney fees that arise from and are alleged to arise from the performance of this Agreement. This provision shall survive termination of this Agreement

17. Substitution for Name Brands:

Should brand name items appear in this Proposal, the consultant must attach specifications for any substitutions and explain how the substitution compares with the specifications of the named brand.

The decision on whether to use the substitution or the named brand rests solely with the Town of Simsbury.

18. Awarding the Proposal:

The Town reserves the right to accept any Proposal or any part of Proposals, to reject any, all, or any part of Proposals, and to waive formalities and informalities in the Proposal ding process. The Town at its discretion will award the Proposal to the lowest responsible consultant. That consultant is the person or firm who is qualified and competent to do the work, whose past performance is satisfactory to the Town and whose Proposal documents comply with the procedural requirements stated herein.

Proposal Alternates will be awarded if it is determined to be in the best interest of the Town. The Town reserves the right to award any and all alternatives in the order that best suits the Town.

19. Rejection and/or Cancellation of Proposals:

The Town reserves the right to reject or cancel any and all Proposals, or any part of any or all Proposals, if such action is deemed to be in the best interest of the Town.

20. Delivery Arrangements: Not applicable

21. Proposal Bond: Not applicable

22. Performance Bond: Not applicable

23. W-9 Form

The successful consultant must provide the Town of Simsbury with a completed W-9 Form prior to commencing work.

24. Submittals:

The Consultant shall, as soon as practicable, but not exceed fifteen (15) calendar days, after notification of selection of the award of the Proposal, furnish to the Owner, in writing the following:

A. Designation of the Work to be performed by the Contractor’s own forces B. Names of the manufacturers, products and suppliers of the principal items of materials proposed for the work C. Project work schedule

25. Request For Proposal Documents:

A. Standard Instructions B. Consultants Qualification Statement C. Proposed Subcontractors D. Non-Collusion Affidavit E. Acknowledgement Form and Charter Section 1103 F. EEO Compliance G. Sample Agreement H. General Conditions

I. Supplemental General Conditions J. Special Provisions

END OF STANDARD INSTRUCTION TO CONSULTANTS

CONSULTANT QUALIFICATIONS STATEMENT

The CONSULTANT shall answer all of the following questions, as part of the Proposal, so that the OWNER can judge the PROPOSAL DER's ability, experience and facilities for performing the proposed work.

1. Name of CONSULTANT: ________________________________________________________

2. Consultant's Tax Identification Number: ____________________________________________

3. What year was company organized/formed? ______________________________________

4. How many years has the CONSULTANT been engaged in business under the present firm or trade name?

5. What is the general character or type of work you perform? __________________________

6. Has a claim ever been brought in court or to arbitration against the CONSULTANT for failure to complete any contracted work or default on a contract? _____________________________

If yes, explain with whom and why: _____________________________________________

7. For other similar projects you have under contract at the present time: Attach list with description of work; the name of the client/owner with telephone number; and the approximate value of the work to be performed.

NOTE: The CONSULTANT is required to have completed a minimum of five (5) similar projects as a demonstration of competency and experience for the project proposed herein. Such projects are to be listed below.

8. Attach a list of all projects that your present organization has completed within the past ten years or is presently working on, including name of project, owner and name and telephone number of the owner’s representative. Indicate here how many additional pages attached: _____ pages.

9. Attach a list of the names, addresses and the background/experience of all principal or key members of the CONSULTANTS organization, including its officers:

Indicate the number of pages attached: ______ pages

NOTE: If requested, the CONSULTANT agrees to furnish the OWNER with a detailed financial statement and other relevant information that may be required by the Town of Simsbury to properly evaluate the qualifications of the CONSULTANT.

PROPOSED SUBCONTRACTORS

CONSULTANT intends to utilize the following subcontractors on this project:

If none, write “None” here: _______________________

NAME AND ADDRESS

OF SUBCONTRACTOR _____DESCRIPTION OF WORK:

1. ________________________________________________________________________

2. ________________________________________________________________________

3. ________________________________________________________________________

4. ________________________________________________________________________

5. ________________________________________________________________________

6. ________________________________________________________________________

NON-COLLUSION AFFIDAVIT OF CONSULTANT

State of ________________________________, County of _____________________, being first duly sworn, disposes and says that:

1. He is the owner, officer, representative or agent of: _________________________________ the

CONSULTANT that has submitted the attached PROPOSAL;

2. The attached PROPOSAL is genuine; it is not a collusive or sham PROPOSAL.

3. He is fully informed respecting the preparation, and contents of, and knowledgeable of all pertinent circumstances respecting the attached PROPOSAL.

4. Neither CONSULTANT nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other consultant, firm or person to submit a collusive or sham PROPOSAL in connection with the AGREEMENT for which the attached PROPOSAL has been submitted or to refrain from Proposal ding in connection with any contract, or has in any manner, directly or indirectly, sought by agreement, collusion, communication or conference with any other consultant, firm or person to fix the price or prices in the attached PROPOSAL or of any other consultant, or to fix any overhead, profit or cost element of the PROPOSAL prices or the Proposal price of any other consultant, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the Town of Simsbury or any other person interested in the proposed AGREEMENT.

5. The price(s) quoted in the attached PROPOSAL are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the CONSULTANT or any of its agents, representatives, owners, employees, or parties in interest, including this affiant;

and

6. That no elected or appointed official or other officer or employee of the Town of Simsbury, who is directly or indirectly interested in this PROPOSAL, or in the supplies, materials, equipment, work or labor to which it relates, or in any of the profits thereof.

(Signed)_______________________

(Name of Consultant)

Subscribed and sworn to before me this ________day of_____________, 2026

Title My Commission expires _________, 20__

Acknowledgement Form and Charter Section 1103

Code of the Town of Simsbury

ACKNOWLEDGEMENT FORM

I have read Section 1103 of the Charter of the Town of Simsbury, the Code of Ethics Ordinance, and the Guidelines issued thereunder. I understand my responsibilities as a Contractor retained by the Town of Simsbury, and I am in compliance with the Charter and the Code of Ethics. I have indicated in the space below any areas of conflict should they arise in matters before our board, commission, agency or department, and I agree to report any future conflicts under the provisions of Section 1103 of the Charter.

Areas of Exception

CONFLICTS OF INTEREST

SECTION 1103

CONFLICTS OF INTEREST. It is hereby declared to be the policy of the Town that any elected or appointed officer, any member of any board or commission or any employee of the Town who has a financial interest, direct or indirect, in any contract, transaction or decision of any officer or agent of the Town or any board or commission, shall disclose that interest to the Board of Selectmen, which shall record such disclosure upon the official record of its meetings. Such disclosure of a financial interest, direct or indirect, in any contract, transaction or decision of any officer or agent of the town or of any board or commission shall disqualify such elected or appointed official or such member of a board of commission or such town employee from participation in the awarding, assignment or discussion of said contract, transaction or decision. Violation by any such official, board or commission member or employee of the provisions of this section shall be grounds for his/her removal.

Signature

Name (Please Print)

Date

A copy of the Town Code is available from the Office of the Town Clerk or is available on line at http://www.simsbury-ct.gov/sites/simsburyct/files/file/file/towncode_1.pdf

STATEMENT OF CONSULTANTS COMPLIANCE WITH

EQUAL EMPLOYMENT OPPORTUNITY LAW AND

REGULATION INCLUDING EXECUTIVE ORDER NO. 3

This statement must be completed by the Consultant and shall accompany his Proposal for this project.

IT IS HEREBY CERTIFIED THAT:

NAME OF CONSULTANT: _________________________________________________

BUSINESS ADDRESS: _________________________________________________

To the extent required by law, the Consultant has complied on past Contracts and will fully comply on this project with all applicable laws and regulation regarding equal employment opportunities for minorities and women, and;

Has _____ has not ______ previously performed work under the conditions of the Governor’s Executive Order No. 3 of the State of Connecticut, or any preceding similar Executive Order with regards to Non-Discrimination.

Signature

Subscribed and sworn to before me this ________day of_____________, 2026

My Commission expires _________, 20__

IMPORTANT: THIS STATEMENT MUST BE SUBMITTED WITH PROPOSAL

AGREEMENT

This MUNICIPAL BUILDING ROOF EVALUATION SERVICES, SIMSBURY, 2026 Agreement (the “Agreement”) is entered into the _____ day of ___________, 2026 (“Effective Date”) by and between the Town of Simsbury, a political subdivision of the State of Connecticut (the “Town”) and ________________, a _________________________ located at ________________________________, _______________, __________ (the “Contractor”).

WHEREAS, the Town has issued a Request For Proposal (the “RFP”) for MUNICIPAL BUILDING ROOF EVALUATION SERVICES, SIMSBURY, 2026 for the Town of Simsbury (the “Work”) on (date)____________– to be located in Simsbury, Connecticut (the “Premises”); and

WHEREAS, Contractor submitted its Proposal to the Town on (date)____________, for the Work in accordance with the requirements and specifications of the ITB; and

WHEREAS, the Town has selected Contractor and the Town and the Contractor desire to enter into a formal Agreement for the performance of the Work;

THEREFORE, in consideration of the recitals set forth above and the mutual promises by the parties below, the parties agree as follows:

1. General. The Contractor agrees to perform the Work in accordance with this Agreement, Standard Instructions to Consultants and the General Specifications (collectively the “Contract Documents). The Contract Documents represent the entire and integrated agreement between the Town and the Contractor and supersede all prior negotiations, representations or agreements, whether written or oral.

2. Duties. Contractor shall perform the Work described in the Contract Documents except for any work that is specifically prescribed in the Contract Documents to be the responsibility of another vendor or the Town. Contractor shall furnish all labor, equipment, trucks, materials, facilities, supplies, transport, and any other things necessary to carry out the terms of the Agreement Documents.

3. Permits and Standards. Contractor shall, at its own expense, obtain all required permits and agreements from the Town, federal, state or other governmental authority for performance of the Work in accordance with the standards prescribed by the federal Environmental Protection Agency, the Occupational Safety and Health Administration, NIOSH, the Department of Energy & Environmental Protection of the State of Connecticut and any other federal, state or local government laws and regulations. In the event of a conflict or overlap of any such laws or regulations, the most stringent provisions shall be applicable.

4. Compliance with Laws. Contractor shall comply with all federal, state and local laws and regulations governing the Work whether or not such laws and regulations are fully and properly reflected in the RFP.

5. Term. The term of this Agreement shall commence on the Effective Date of this Agreement and be in effect until completion, which shall be not later than (date)____________. The contractor shall not start the Work prior to having received a notification to proceed from the Town.

6. Payment. The Town will pay the Contractor the sum of _____________________ Dollars ($ ) upon the completion by the Contractor of all Work required to be performed under the terms of the Contract

Documents and acceptance of the Work by the Town. Partial payments will be made on a monthly basis for projects with durations of over 8 weeks.

7. Insurance. The Contractor shall carry and keep in force during the term of this Agreement insurance as more specifically described in Section 10 of the Standard Instructions to Consultants, by a company or companies authorized to do business in Connecticut. The Company shall provide certificates of insurance specifying such coverage and naming the Town as additional insured prior to the start of the work and shall provide a complete copy of the Owners, Contractors Protective Liability policy.

8. Liability. The Contractor agrees to assume full responsibility and liability for damage or injury to persons or real or tangible personal property caused directly or indirectly by the negligent or tortuous actions or inactions of the Contractor, its agents, employees or subcontractors with respect to the Work. The Contractor further agrees to assume full responsibility and liability for the Contractor’s failure to comply with any applicable federal, state or local law or regulation in the performance of Contractor’s duties pursuant to the Contract Documents.

9. Hold Harmless. The Contractor agrees to indemnify and save harmless the Town of Simsbury, its agents and employees, from and against all loss or expense, (including costs and attorneys' fees), arising out of or resulting from the performance of the Work by the Contractor by reason or liability imposed upon the Town of Simsbury, its agents and employees, for damages because of bodily injury, including death at any time resulting there from, sustained by any person or persons, (including employees of the Contractor), or on account of damage to property, including loss of use thereof, if such injuries or damages are caused by the negligence or breach of Agreement documents of the Contractor, its' agents and employees or otherwise. The existence of insurance shall in no way limit the scope of this indemnification. The indemnification provision shall be separate and distinct from issuance of a Certificate of Insurance.

10. Assignment. This Assignment shall be binding upon each of the Parties, their successors, executors, administrators and assigns. The Contractor shall not assign, sublet, contract, or otherwise transfer its interest, in whole or in part, in this Agreement without the express written consent of the Town. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of Town.

11. Termination. If the Contractor fails to perform the work under the Contract Documents in accordance with its terms, the Town shall have the right, in addition to all other remedies it may have, to declare the Agreement in default and, therefore, terminated and to resubmit the Agreement for further Proposal. In that event, the Contractor shall pay the Town, as liquidated damages, the amount of any excess of the new Agreement Price over the Agreement Price herein provided for, both pro-rated to the period of time covered by the unexpired term of the Agreement at the time of default, plus any legal or other costs incurred by the Town in terminating the Agreement and securing a new contractor.

12. Contract Documents. The Contract Documents include, without limitation, the following:

(i) This Agreement; and

(ii) The RFP, including the Standard Instructions to Consultants, General Specifications and Insurance Coverage and;

(iii) Any addenda issued prior to the execution of this Agreement or modifications issued after the execution of this Agreement;

13. Change Orders, Price Modifications, and Other Amendments. The Town shall have the right to require the Contractor to make alterations of, additions to and deductions from the Scope of Work. All such changes to the Scope of Work shall be made by a written change order written by the Town. The Contractor shall compute the cost of the work under change order upon the Agreement price, subject to review and acceptance by the Town. Any other changes or amendments to the terms of this Agreement and the other Contract Documents may be made only by a written document referencing this Agreement and executed by both parties.

14. Governing Law/Venue: The laws of the State of Connecticut shall govern the formation, interpretation, and performance of this Agreement. No lawsuit pertaining to any matter under or growing out of this Agreement shall be instituted in any state other than Connecticut. The Parties agree that the venue for any legal proceeding in respect to this Agreement shall be Connecticut Superior Court, Judicial District of Hartford at Hartford. Venue for mediation shall be Hartford County.

15. Independent Contractor: Contractor’s personnel shall be and remain an independent consultant with respect to all services performed hereunder and agrees to and does hereby accept full and exclusive liability for payment of any and all contributions or taxes for social security, unemployment insurances, or old age retirement benefits, pensions, or annuities now or hereafter imposed under any local, state or federal law which are measured by the wages, salaries, or other remuneration paid to persons employed by Contractor for work performed under the terms of this Agreement. Contractor further agrees to obey all lawful rules and regulations and to meet all lawful requirements which are now or hereafter may be issued or promulgated under said respective laws by and duly authorized by state or federal officials. Contractor also agrees to indemnify and hold harmless Simsbury from contributions or taxes or liability.

16. Payment of Subconsultants: Contractor shall well, truly and promptly pay or satisfy the just and equitable claims of all persons who have performed labor or furnished materials or equipment for Contractor in the execution of this Agreement, and all bills, costs or claims of whatever kind which might in law or equity become a lien upon said work.

17. Amendment: Any changes to the terms and conditions as outlined herein must be mutually agreed upon by and between the Parties shall be incorporated in written amendments hereto, executed with the same formalities as this Agreement. No amendment or modification of this Agreement shall be effective until executed by the Parties.

18. Execution. This Agreement may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement, and shall become binding when one or more counterparts have been signed by each of the parties hereto and delivered (including delivery by facsimile) to each of the parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above.

BY______________________________

Its Duly Authorized

CONTRACTOR

BY______________________________

Its Duly Authorized

GENERAL CONDITIONS

1. DEFINITIONS

1.1 Wherever used in the CONTRACT DOCUMENTS, The following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof.

1.2 ADDENDA - Written or Graphic Instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by additions, deletions, clarifications or corrections.

1.3 PROPOSAL - The offer or proposal of the CONSULTANT submitted on the prescribed form setting forth the prices for the WORK to be performed.

1.4 CONSULTANT -Any person, firm, or corporation submitting a PROPOSAL for the WORK.

1.5 BONDS - Proposal, Performance, and Payment Bonds and other instruments of security, furnished by the CONTRACTOR in accordance with the CONTRACT DOCUMENTS.

1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT TIME.

1.7 CONTRACT DOCUMENTS - The contract including Advertisement for Proposals, information for Consultants, PROPOSAL, Proposal Bond, Agreement, Payment Bond, Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, AND ADDENDA.

1.8 CONTRACT PRICE - The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS.

1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK.

1.10 CONTRACTOR - The person, firm, or corporation with whom the OWNER has executed the Agreement.

1.11 DRAWINGS - The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the

ENGINEER.

1.12 ENGINEER - The Director of Public Works/ Town Engineer for the Town of Simsbury, Connecticut.

1.13 FIELD ORDER - A written order affecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.

1.14 INSPECTOR - The person appointed by the Town of Simsbury, Conn. to supervise the WORK and shall extend to and include any assistant whom he/she may designate to act in the premises.

1.15 NOTICE OF AWARD - The written notice of the acceptance of the Proposal from the OWNER to the successful CONSULTANT.

1.16 NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him/her to proceed with the WORK and establishing the date of commencement of the work.

1.17 OWNER - The Town of Simsbury, Connecticut (A Public Body) for whom the WORK is to be performed.

1.18 PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS.

1.19 SHOP DRAWINGS - All Drawings, Diagrams, Illustrations, Brochures, Schedules, and other data which are prepared by the CONTRACTOR, A SUBCONTRACTOR, manufacturer SUPPLIER or Distributor which illustrate how specific portions of the WORK shall be fabricated or installed.

1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.21 SUBCONTRACTOR - An individual firm or corporation having a direct contract with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the work at the site.

1.22 SUBSTANTIAL COMPLETION- That date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended.

1.23 SUPPLEMENTAL GENERAL CONDITIONS - Special provisions required by the funding program or Agency (Federal, State, or Local) for participation in the PROJECT and included in the CONTRACT DOCUMENTS. Also, such requirements that may be imposed by Applicable State Laws and special characteristics of the PROJECT.

1.24 SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site.

1.25 WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, all construction tools, machinery, and equipment, and all materials and equipment incorporated or to be incorporated in the PROJECT.

1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by Mail to the said party at his/her last given address or delivered in person to said party or his/her authorized representative on the WORK.

2. PAYMENT

2.1 On the first of each month, the Contractor may submit an itemized estimate of work completed up to that time, including an estimate of the portion of lump sum items completed.

He/she must, if requested by the Engineer, submit satisfactory evidence that he/she has paid in full for all labor, materials and equipment included in the monthly estimate. The estimates shall be made on forms furnished by the Town and the Contractor shall certify that the estimate is correct, and the work performed is in conformity with the plans and specifications.

No later than 31 days after submission by the Contractor, and acceptance by the Town, of the estimate, the Town will pay the estimated cost, less five percent (5%) retained by the Town.

After completion of the project and acceptance by the Town, the Contractor shall submit an itemized final estimate. No later than 31days after acceptance of the final estimate by the Town, the Town shall pay ninety-five (95%) percent of the Contract price. No later than six months after acceptance of the final estimate the Town will pay the five (5%) retained, unless in that time the materials or workmanship in the project shall have been found to be defective.

3. PERMITS DURATION

3.1 The Contractor must obtain all necessary permits and pay the fee for them. (Town portion of permit fees are waived. The State of Connecticut portion of building permits will not be waived.)

3.2 Should the Town be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Town, the Contractor shall not be entitled to or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing.

4. SUPERVISION

4.1 The Town will be represented at all times by the TOWN DIRECTOR OF PUBLIC WORKS/ TOWN ENGINEER or an employee authorized by the TOWN DIRECTOR OF PUBLIC WORKS/ TOWN ENGINEER to represent him/her; and the DIRECTOR OF PUBLIC WORKS/ TOWN ENGINEER or is/her authorized representative shall have sole authority in the interpretation and execution of the contract.

4.2 The Contractor must have a competent Field Supervisor on the job during all working hours and notify the Town of his/her name and address in writing, and where he/she may be reached normally after working hours. In the event of the absence of the Field Supervisor, the Contractor must appoint a second in command to take responsible charge of the job. The actual performance of work and superintendence shall be performed by the Contractor, but the owner shall, at all times, have access to the premises for the purpose of observing or inspecting the work performed by the Contractor.

5. LAYOUT

5.1 The Contractor will be required to provide any surveying they deem necessary to perform the work they have been contracted to do. Unless specified the Town will not require surveying, however the Contractor is responsible to accurately lay out the work to the Town’s satisfaction.

6. SITE WORK

6.1 The Contractor will be responsible for maintenance of adequate barricades, signs, and warning systems to protect the job and the public.

6.2 The Contractor shall properly protect all underground and above ground utilities from damage.

No interruption shall be caused to any utility without the knowledge of the TOWN DIRECTOR

OF PUBLIC WORKS/ TOWN ENGINEER.

6.3 Contractor will maintain site in a clean and professional manner. Contractor will clean area of work at the end of the day including sweeping adjacent pavement.

6.4 Contractor will use standard dust control methods when requested by the Engineer.

7. STANDARDS

7.1 Whenever a material, article, or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Town Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without written approval.

8. CHANGES IN WORK

8.1 The Owner, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract Sum being adjusted accordingly.

9. CORRECTION OF WORK AFTER FINAL PAYMENT

9.1 Neither the final Certificate nor payment nor any provision in the Contract Documents shall relieve the contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of substantial completion.

9.2 The Owner shall give notice of observed defects with reasonable promptness. All questions arising under this article shall be decided by the DIRECTOR OF PUBLIC WORKS/ TOWN ENGINEER subject to mediation.

10. OWNER'S RIGHT TO DO WORK

If the Contractor fails to prosecute the work properly or fails to perform any provisions of this contract, the Owner, after three days written notice to the Contractor may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. Provided, however, that Director of Public Works/ Town Engineer shall approve both such action and the amount charged to the Contractor.

11. ACCEPTANCE OF FINAL PAYMENT AS RELEASE

The acceptance by the Contractor of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out of this WORK. Any payment however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the Performance BOND and Payment BONDS.

12. CONTRACT SECURITY

The Contractor shall within ten (10) days after the receipt of the NOTICE OF AWARD furnish the OWNER with a performance BOND and a payment BOND in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions, and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS.