22DPW072C DeFazio Track Resurfacing IFB~1.pdf

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Attached to
22DPW072C - DeFazio Track Resurfacing
Solicitation number
BD-22-1303-NEE08-NDM27-65612
Issued by
Norfolk County, Massachusetts

About this file

This document is an Invitation for Bid (IFB) issued by the Town of Needham, Massachusetts for the DeFazio Track Resurfacing project. The Town is seeking bids from qualified contractors to perform all labor necessary for the resurfacing of the existing all-weather polyurethane running track surface at DeFazio Park. The project includes cleaning, patching, and repairing the existing track and field event surfaces, installing a BSS 100 polyurethane system structural spray, and painting line markings and lettering. A mandatory pre-bid walkthrough will be held on August 25, 2021, and sealed bids are due by September 2, 2021 at 12:00pm. The contract is anticipated to commence on or around September 27, 2021 and be substantially complete by October 25, 2021, with final acceptance by October 31, 2021. The successful bidder will be required to provide a 50% payment bond but no performance bond.

The bid requires unit pricing and the Town will award the contract to the lowest responsible and eligible bidder. Bidders must provide proof of experience in manufacturing and installing polyurethane track systems, including having successfully installed at least 5 similar projects within 50 miles of the project site. The bid package includes detailed specifications for the materials, safety requirements, repair and cleaning of the existing track, structural coating application, and line marking. Payment will be made based on the unit prices upon satisfactory completion of the work and approval by the Director of Public Works.

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22DPW072C 1

Town of Needham Department of Public Works

Public Services Administration Building, 500 Dedham Avenue Needham, Massachusetts 02492

Telephone (781) 455-7550

ACKNOWLEDGEMENT OF RECEIPT

Release Date August 12, 2021

Bid Title DeFazio Track Resurfacing

Bid Number 22DPW072C

Number of Documents

The Bid Package consists of 2 PDF documents. Returning this form confirms receipt of all the documents.

Pre-Bid Meeting August 25, 2021 @ 9:00am

Questions Due August 26, 2021 @ 5:00pm

Bids are Due September 2, 2021 @ 12:00pm, Administration Office of the Department of Public Works located at the Public Services Administration Building, 500 Dedham Ave., Needham, MA, 02492

Please provide the requested information below as acknowledgment that you have received our bid package noted above. It is recommended that interested bidders complete this acknowledgment and return via email to dpwadmin@needhamma.gov or fax to the Department of Public Works at (781) 449-9023. Only by doing this, will the Town be able to provide notification of any addenda or answered questions relating to this bid. Only those companies or individuals shown on the Distribution Register will receive addenda to this bid. By completing and returning this acknowledgement will ensure you are recorded on the Distribution Register. Proposals from companies or individuals not acknowledging the addenda may be rejected as not responsive.

Name of Company or Individual

Name / Title of Contact

Address

City/Town, State, Zip Code

Telephone Number

Fax Number

Email Address

Signature

Date

Addenda will be posted to the Town’s website. Please check the website for addenda before submitting your bid to the Town. Bidders who access the bid package from the Town’s website are responsible for checking the website periodically for any addenda that may be issued by the Town.

mailto:dpwadmin@needhamma.gov mailto:dpwadmin@needhamma.gov

22DPW072C 2

DeFazio Track Resurfacing

22DPW072C

Release Date August 12, 2021

Pre-Bid Conference August 25, 2021 @ 9:00am

Deadline for Questions August 26, 2021 @ 5:00pm

Bids Due

September 2, 2021 @ 12:00pm Director of Finance and Administration

PSAB

500 Dedham Ave.

Needham, MA 02492

22DPW072C 3

(Advertised in the Needham Times issue of Thursday, August 12, 2021) (Advertised on the MNPA’s website, Thursday, August 12, 2021)

(Published in Central Register issue of Wednesday, August 11, 2021) (Advertised in CommBuys on Thursday, August 12, 2021)

LEGAL NOTICE

Town of Needham

Invitation for Bid (IFB) Bid # 22DPW072C

The Town of Needham is accepting sealed bids for DeFazio Track Resurfacing. Copies of the Invitation for Bid (IFB) package will be available beginning August 12, 2021 at the Administration Office of the Public Works Department, 500 Dedham Ave., Needham, MA 02492 Monday through Friday during business hours, or from the Town’s web site www.needhamma.gov/bids.aspx and will be available until the submission deadline.

A pre-bid walkthrough will be held on Wednesday, August 25, 2021 at 9:00am at DeFazio Park, located at 380 Dedham Ave, Needham, MA 02492.

Sealed bids must be submitted no later than 12:00pm, September 2, 2021 to the Administration Office of the Public Works Department, Town of Needham, 500 Dedham Ave., Needham, MA 02492. LATE BIDS WILL NOT BE CONSIDERED. Bids will be publicly opened after the submission deadline on September 2, 2021 in the Charles River Room, located at the Public Services Administration Building, 500 Dedham Ave., Needham, MA, 02492. The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

Kate Fitzpatrick Town Manager

August 12, 2021

22DPW072C 4

IFB 22DPW072C

Procurement in Brief

Primary Procurement Contact

Tyler Gabrielski, Administrative Analyst 781-455-7550 x345

Contract Manager Edward Olsen, Superintendent of Parks and Forestry

Bid Package Available

August 12, 2021 - Information and details of bidding requirements may be obtained at the Administration Office DPW, PSAB, 500 Dedham Ave., Needham, MA 02492, or online at the Town’s web site http://www.needhamma.gov/bids.aspx.

Pre-Bid Meeting August 25, 2021 @ 9:00am - DeFazio Park, 380 Dedham Ave, Needham, MA 02492

Bid Deposit 5% bid deposit is required as part of bid

Deadline for Written Questions

June 3, 2021 @ 5:00pm By Mail: DPW - 500 Dedham Ave., Needham, MA 02492 By Email: dpwadmin@needhamma.gov By Fax: 781-449-9023 Questions are to be clearly labeled as: QUESTIONS - DeFazio Track Resurfacing, 22DPW072C

Addenda If any changes are made to this bid, an addendum will be issued. Addenda will be posted on the Town’s webpage and emailed to all bidders on record as having received the bid package.

When and where bids are due

12:00pm, September 2, 2021, Administration Office DPW, PSAB, 500 Dedham Ave., Needham, MA 02492.

LATE BIDS WILL NOT BE CONSIDERED

Where bids will be opened

Charles River Room, PSAB, 500 Dedham Ave., Needham, MA, 02492 Also streamed on Zoom:

https://us02web.zoom.us/j/84514695358?pwd=QlpGYUgwZVBDb09pOUVtQXYySmlTZz0

Contract Award

September 2021 Approval of Town Manager and Town Counsel is REQUIRED

Contract Length

This Agreement shall be for a term commencing upon execution and ending October 31, 2021.

http://www.needhamma.gov/bids.aspx http://www.needhamma.gov/bids.aspx https://us02web.zoom.us/j/84514695358?pwd=QlpGYUgwZVBDb09pOUVtQXYySmlTZz09 https://us02web.zoom.us/j/84514695358?pwd=QlpGYUgwZVBDb09pOUVtQXYySmlTZz09 https://us02web.zoom.us/j/84514695358?pwd=QlpGYUgwZVBDb09pOUVtQXYySmlTZz09

22DPW072C 5

Upon Award of Contract

Payment Bond 50% payment bond

Performance Bond Will NOT be Required

Insurance Refer to Contract Terms

* Facsimile transmissions for written inquiries must be sent prior to the above date and time deadlines.

Any hand delivery or facsimile received after the due date and time will not be addressed. The time/date stamp machine located in the receiving office will govern for the date and time requirements mentioned in the table above and throughout this document. Please allow enough time for hand delivery or facsimile transmissions.

** The time for award may be extended by the Town. The Town reserves the right to change, delay, cancel, or expedite the contract award date. The Bidder agrees that the offer is effective for (a) at least ninety (90) calendar days from the opening date of the bids (b) a contract is executed, or (c) this bid is cancelled, whichever of (a), (b) or (C) occurs first. The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

22DPW072C 6

PART 1 – GENERAL CONDITIONS AND SUBMISSION REQUIREMENTS

1.01 Intent

The Town of Needham (hereinafter referred to as the “Town”), acting through its Town Manager, invites highly qualified bidders to submit sealed bids to perform all labor necessary for DeFazio Track Resurfacing.

All bids are subject to the provisions of M.G.L. Chapter 30, 39M. The Town will award the contract to the lowest responsible and eligible bidder as set forth in section 1.15. The Town of Needham reserves to itself the right to accept or reject any and all bids, or to allow or deny variations from these specifications. Such actions will be deemed to be in the best interest of the Town. Unless sooner rejected or accepted, all bid proposals must be firm and continue in effect for a minimum of ninety (90) calendar days from the date of bid opening.

1.02 Proposed Contract Term

It is anticipated that work will commence on or around September 27, 2021. It is anticipated that all work will be substantially complete by October 25, 2021 and will be operational on or before October 31, 2021, with final equipment testing prior to acceptance in accordance with the terms and conditions described in the Invitation for Bids. The successful Bidder must enter into the Form Agreement prepared by Needham Town Counsel (Sample Available Online).

The Town may terminate the Contract at any time upon written notice for any reason including its own convenience or for cause, including but not limited to, failure to perform the work required under the contact, failure to document satisfactorily to the Town amounts being charged, failure to have any necessary local, State or Federal licenses and/or permits, failure to pay any and all required taxes, failure to comply with any local, State or Federal regulations pertaining to services to be provided, failure to promptly correct any performance or lack of performance which conflicts with the Town's use, and failure for satisfactory behavior of all staff and management. In the case of a termination for cause, the Town shall give the Contractor a written notice as provided in the Agreement.

1.03 Pre-Bid Conference and Requests for Interpretation

Refer to Procurement in Brief for details.

Bidders shall promptly raise the issue of any ambiguity, inconsistency, or error, which they may discover upon examination of the bid documents, the work site or any other conditions which apply to the work.

Inquiries concerning any part of this Bid shall be directed to the individual(s) listed under the Procurement in Brief. Bidders should note that oral communications are not binding on the Town and only written responses by the Town will be considered. All requests/questions must be submitted in writing. Questions may be delivered by hand, fax or email as referenced under the Procurement in Brief by the deadline. Questions that may be asked during any pre-bid conference should also be sent in writing in order to receive an official response. Requests properly presented that in the opinion of the Town require interpretation, correction, or change in the Bid Documents will result in an issuance of an Addendum to the Bid Documents. Such Addendum shall subsequently become part of the contract. The Town will forward responses to all persons who are on record as receiving the bid package.

Questions received after the due date will not be responded to unless the Town determines it is necessary.

Bidders, please allow enough time for hand delivery or facsimile transmissions.

1.04 Information About Changes to the Bid (Addenda)

In the event that changes/additions are made to this bid, an addendum will be issued to every person (entity) on record as receiving the bid package. Addenda will be emailed, if an email address was not provided, then it will be faxed. If a fax number was not provided, then the addenda will be mailed.

Addenda will also be posted to the website. Please check back on the website for addendums before submitting your bid to the Town. Bidders may not be notified individually of Addendums.

22DPW072C 7

1.05 Bid Submission

The bidder shall submit their proposal upon the bid forms supplied within these specifications. The bidder shall specify the unit prices as requested for each bid item. All bids shall be signed correctly with ink; in order to qualify, the bidder must provide bids for each required item within a section. All bids shall be submitted to the Director of Finance and Administration, Town of Needham, Administration Office, 500 Dedham Avenue, Needham, MA 02492. Each bid shall be sealed in an envelope on which is clearly indicated: Name & Address of Bidder, IFB 22DPW072C, DeFazio Track Resurfacing, due 12:00pm, September 2, 2021. All submitted bids shall include Invitation for Bids, Bid Information, Bid Scope of Work, and all Addenda issued, and all portions of the BID FORMS must be completed and submitted in order for a submission to be deemed acceptable. Bidders will submit insurance certificates validating current coverage at the time of bid submission. Bids received at the Administration Office after the time of opening of bids designated in the IFB will be returned to the bidder unopened. Bids will be publicly opened and read aloud after the bid due date in the Charles River Room at the Public Services Administration Building, 500 Dedham Avenue, Needham, MA 02492. The opening will also be streamed on Zoom. Details for the call are below:

https://us02web.zoom.us/j/84514695358?pwd=QlpGYUgwZVBDb09pOUVtQXYySmlTZz09 Passcode: 140318 Or One tap mobile :

US: +16465588656,,84514695358# or +13017158592,,84514695358# Or Telephone:

Dial(for higher quality, dial a number based on your current location):

US: +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 845 1469 5358

1.06 Bid Deposit

All bids must be accompanied by a bid deposit in an amount that is not less than five percent (5%) of the value of the bid. They shall be made payable to the Town of Needham and shall be in the form of certified check, treasurer’s or cashier’s check issued by a responsible bank or trust company, or a bid bond issued by a surety licensed to do business in the Commonwealth of Massachusetts; and shall be conditioned upon the faithful performance by the principal of the agreements contained in the bid.

1.07 Bid Form

All bids must be made on the attached bid forms.

Bids shall be firm for the duration of the contract. No price adjustments will be allowed. Fuel surcharges or vehicle charges or adjustments will not be allowed. Payment for materials and/or service will be made only after satisfactory performance or all requirements of the specification and upon approval by the Director of Public Works or their designate. The Town reserves the right to accept or reject any or all bids, wholly or in part, and to make the award in the best interest of the Town.

1.08 Bond Requirements

1.08.01 Labor and Materials Bond (Payment Bond)

Pursuant to M.G.L. c. 149, § 29, the Contractor shall furnish a payment bond from a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Town, in an amount of one half of the total Contract price for payment for labor performed or furnished and materials used or employed therein, when the Contract is executed. The payment bond shall be on the form provided by the Town.

22DPW072C 8

It is distinctly agreed and understood that any changes made in the drawings and specifications for this work, whether such changes increase or decrease the amount of work required, or any change in the manner or time of payments made by the OWNER to the CONTRACTOR, shall in no way void, release or affect the liability and surety on the bond given by the CONTRACTOR.

1.09 Insurance Requirement

Insurance Certificates are required indicating coverage for general liability, property damage, and workers’ compensation as outlined in Sample Agreement available online and must include the Town of Needham as additionally insured (at time of award). The selected bidder shall take out and maintain during the life of this contract Workers’ Compensation Insurance for all employees employed on the site of this project, in a manner and to the extent provided by Chapter 152 of the General Laws, and shall provide the Town with written evidence showing compliance with this statute at the time of award.

The selected Bidder shall indemnify and save the Town harmless from and against all claims, suits, damages, and outlays resulting from or by reason of loss, damage or injury of or to any person or property, wherever located which shall be caused by any action or operation under this agreement.

1.10 OSHA Training

The bidder certifies that all employees to be employed at the worksite shall have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least ten (10) hours in duration at the time the employee begins work and shall furnish documentation of successful completion of said course with the first certified payroll report for each employee (Chapter 306 of the Acts of 2004).

1.11 DCAM Certification

DCAM Certification as a General Contractor for this project is not required.

1.12 Statement of Compliance

The CONTRACTOR shall submit a Statement of Compliance stating that persons employed by the award recipient are paid in accordance with the provisions of Sections 26 to 27H of Chapter 149 of the General Laws (i.e. “The Prevailing Wage Law”). The selected Bidder will not be permitted to either assign or underlet the contract, nor assign either legally or equitably any monies there under, or its claim thereto without the previous written consent of the Town.

1.13 Prevailing Wage Rates

The state prevailing wage law, MGL Chapter 149, Section 27B requires contractors and subcontractors to submit certified payroll records to the Town. Contractors and subcontractors must submit weekly payroll records either by (1) first class mail, or (2) electronic mail. Furthermore, every weekly submittal of payroll records must contain a signed statement by the employer that indicates (1) that the records are correct, and (2) the rate of wages that each worker receives. Please feel free to contact the Department of Labor Standards at (617) 626-6953 if you have any questions. Questions about enforcement of the prevailing wage law may be directed to the Attorney General’s Fair Labor and Business Practices Division at (617) 727-3465.

1.14 Duration of Bid Prices

All bids are to remain valid for 90 days after the opening of the bids.

1.15 Contractor Selection

The Town will review all bids and will award the contract to the lowest responsible and eligible bidder based upon the total bid price. The Town reserves to itself the right to accept or reject any and all bids, or

22DPW072C 9

to allow or deny variations from these specifications.

In the event that there is a tie bid between two (2) responsible and eligible bidders, the award of the contract will be determined by a coin toss. The bidder’s whose submission was received earliest shall be assigned “Heads” in the coin toss. In the event that there is a tie bid with three (3) or more responsible and eligible bidders, the award shall be made by a draw by lot limited to those bidders. The coin toss/draw by lot shall be scheduled within two (2) business days from when it was determined by the Town to be a tie bid. The bidders involved shall be given an opportunity to attend. The coin toss/drawing shall be witnessed by at least three (3) Town officials. The tie breaker event shall be held at the location of bid submission during regular business hours.

Upon Vendor selection, the Town of Needham will email (through DocuSign) the selected Vendor(s) a contract to be executed by the Vendor(s) and returned to the Town of Needham with the appropriate insurance certificates. The Town of Needham will then counter execute the contract and return a complete contract to the Vendor(s). The Town’s Standard Contract is available online. Bidders are expected to review the sample contract “Short Form Agreement”. Unless otherwise noted by the Town, the terms and conditions contained therein are NOT negotiable.

It is the intention of the Town of Needham not to award a contract under this or any other proposal if the Contractor cannot furnish satisfactory evidence that he/she has the ability and experience to perform this class of work and that he/she has sufficient capital and equipment to enable him/her to prosecute the work successfully and to complete it within the time named in the contract. The Town of Needham reserves the right to reject this or any other proposal or to award the contract as is deemed to be to the best interest of said Town.

1.16 General Safety, Licenses, & Performance

The contractor’s personnel working on this project must hold all necessary licenses and permits to perform the work required under this contract as required by the Town of Needham under the Commonwealth of Massachusetts regulations. The contractor must submit the names and all qualifying materials of the site supervisor that will be assigned to this project. All work will be done in accordance with applicable industry standards, codes, and regulations, and/or manufacturer's specifications. Contractor is responsible for providing adequate safety measures during work to ensure protection of life and property. Any Town buildings, grounds and surrounding property damaged by the selected contractor will be restored to its original state, at the cost of the selected contractor.

The contractor shall be informed that there is a thirty (30) day cancellation clause in this contract for improper service. Complaints not rectified within a reasonable length of time from day of notice as determined by the Town may cause the Town to notify the contractor by registered or certified mail that the contract will be cancelled thirty days from the date of the letter. Any defective workmanship shown to be caused by improper or faulty installation shall cause the Contractor to correct, repair and/or replace all material and labor at no cost to the Town. The Contractor will warrant that all workmanship shall be first class and shall be performed by persons qualified and licensed in their respective trades.

Any additional work that is performed beyond this agreement must be approved by the appropriate Town authority. The absence of approval from the appropriate Town authority will be considered a violation of the contract.

1.17 Site Maintenance and Inspection

The selected contractor will be responsible for maintaining the work site in a safe and orderly fashion on a daily basis. The contractor is responsible for the proper securing of all items associated with the project, including but not limited to: debris, tools, material, scaffolding, ladders, etc. The contractor is responsible for the repair or replacement of any item, equipment, space, or area which may be damaged by the contractor during the execution of this project. The contractor is responsible for the removal and disposal of all debris and materials generated from this project.

22DPW072C 10

1.18 Private Property

Before any work is performed on private property, the Contractor must have in their possession a RIGHT OF ENTRY form signed by the property Owner. The Town may assist the Contractor in obtaining permission.

1.19 Dig Safe Law

Before proceeding with excavation operations, the Contractor shall notify the State of Massachusetts Underground Plant Damage Prevention System (Dig Safe) at 1-888-344-7233 and shall make such supplemental investigations.

1.20 Private Utilities Coordination

Coordination with private utilities is the sole responsibility of the contractor (including natural gas, electricity, telephone, cable, etc.). The contractor shall be responsible for notifying Dig Safe prior to any start of work. Any assistance the Town may offer in coordinating with private utilities shall not absolve the contractor’s responsibility to coordinate with private utilities as necessary to accomplish the contract work.

The contractor shall be responsible and liable for all damages to the existing utilities and structures.

1.21 Public Utilities Coordination

Coordination with public utilities is the sole responsibility of the contractor (including water, sewer, and drain). The contractor shall be responsible to call the Water, Sewer & Drain Inspectors at least 48 hours prior to the start of work to schedule said inspections at 781-455-7550, Mon.-Fri. 8:30 am - 5:00 pm. The Water Sewer, & Drains Inspectors must inspect the work. Any assistance the Town may offer in coordinating the public utilities shall not absolve the contractor’s responsibility to coordinate with public utilities as necessary to accomplish the contract work. The contractor shall be responsible and liable for all damages to the existing utilities and structures. At the contractors request the Town will supply water from hydrants for work. The use and operation of Town of Needham fire hydrants is restricted to Town employees only. The Town will set up a fire hydrant connection assembly each day to supply water as needed. The contractor is responsible for proper connection to the hydrant assembly and may operate the click valve only.

1.22 Traffic Controls

The Contractor shall furnish all local Police Officers to direct traffic and to keep the traffic off any part of the roadway in which construction is being carried out on, as, in the opinion of the Engineer are necessary for such purpose. Arrangements for officers shall be made well in advance of the work schedule for each day. If for any reason the Contractor cancels work for that day, and the Needham Police Department is not given advance notice, the Contractor will be responsible for that officer's wages. If the contractor has performed work that has not been accepted by the town and has to be redone to meet the specification, then the contractor is responsible for the expense of the police details due to poor workmanship or warrantee issues. Except in the instance above, the Owner will reimburse the Contractor for all other police details. The contractor must submit payments directly to the Needham Police Department or other police department’s that have supplied officers to the job site and supply copies of invoices showing invoice has been paid to the Department of Public Works as proof of payment.

1.23 Material Disposal

The Contractor, at no additional cost to the Town, shall dispose of all material that has been removed from each location.

22DPW072C 11

1.24 Quantities

Unless otherwise stated, the quantities set forth herein are ESTIMATES ONLY. Any quantities indicated on the Bid Price Form or elsewhere in the bid package are estimates only and are given solely as a basis for the comparison of bids. The Vendor shall have no claim for additional compensation, or refuse to do the work called for, or provide the requested items, by reason of the actual quantities involved being greater or lesser by any amount than those called for in the bid.

1.25 Subcontracting

The Contractor shall keep the work under their personal control and shall not assign by power of attorney or otherwise, or sublet the work or any part thereof, without the previous written consent of the Owner.

Should the Contractor require the services of one or more sub-contractors, the Contractor shall submit to the Owner, at the time of submittal of bids, the name and references for the sub-contractor(s) for review and approval by the Owner. Said sub-contractor(s) shall not begin any work or bring any equipment, etc., onto the site until such approval is given. Under no circumstances shall the Contractor sub-contract more than forty percent of the work on the project. The Contractor shall be responsible for the operations of any sub-contractor(s) and the sub-contractor shall be subject to the directions of the Contractor's Project Supervisor.

1.26 Invoices & Reporting

Upon verification that the work has been completed, invoices must be sent to Town of Needham, Finance and Administration Division, Department of Public Works, 500 Dedham Avenue, Needham, MA 02492.

Each bill shall contain a cover sheet listing the broken-out labor and materials cost, and back-up documents including materials costs, and other relevant information. Certified payroll will be required.

Invoices shall not be processed for payment until the above information is provided in a format acceptable to the Director of Finance and Administration or their designee. Invoices for on-call services must specify the cost of labor, hours worked, and cost of materials for each project. Invoices shall be itemized by units and by location or project.

1.27 Payment

Payment shall be made on the amount of work performed based upon the unit prices placed on the bid forms. Payment shall be made upon submission of an invoice and acceptance of the work by the Director of Public Works, or their designated agent. The payment of these amounts shall be considered full and complete payment for all labor, material, and equipment necessary, including traffic control, to perform the specified work.

The Town will not be responsible for payment of any charges not itemized to the Town’s satisfaction. Pre-payment is NOT allowed. Invoices must include the Town’s purchase order number.

Invoices for additional services must include the date and times of the work, the type of the services performed; the number of hours or units to be charged, and the name of the person who authorized the work.

1.28 CORI/SORI

See Article 30 of Sample Agreement.

1.29 Supplemental Equal Opportunity Anti-Discrimination & Affirmative Action Program

This contract is subject to the Supplemental Equal Opportunity Anti-Discrimination and Affirmative Action Program (EEO/AA) provisions attached to the Project Manual.

22DPW072C 12

1.30 Submission Requirements

Quality Requirements

Bidder and the approved manufacturer shall furnish proof of having remained in business, under the same name, for at least ten (10) years, and demonstrated at least ten (10) years of experience in the manufacturing and installation of polyurethane systems.

Bidder references must demonstrate experience of having successfully installed, repaired, renovated, and guaranteed at least five (5) running track projects for school districts, colleges or universities, or other governmental entities.

Bidder must furnish proof of having successfully installed at least five (5) complete BSS 100 polyurethane running track surface systems utilizing waterborne aliphatic polyurethane coating within fifty (50) miles of the project location.

Bidder must provide the address of a base of operations located within one hundred

(100) miles of the project location, or evidence of a minimum of twenty (20) tracks in which maintenance has been performed within fifty (50) miles of project site within the last five (5) years.

Bidder shall submit their proposal upon the bid forms supplied within these specifications. The bidder shall specify the unit prices as requested for each bid item. All bids shall be signed correctly with ink; in order to qualify, the bidder must provide bids for each required item within a section.

Submission Requirements

1. Bidder must provide product data on materials and installation procedures.

2. Bidder must submit Certified Track Builder documentation as provided by the American Sports Builders Association.

3. The bid is to be submitted and addressed as follows: Director of Finance and Administration, PSAB, 500 Dedham Ave., Needham, MA 02492.

4. The bid is to be clearly marked IFB 22DPW072C, DeFazio Track Resurfacing.

5. Bidder must acknowledge all addenda related to this IFB, if any.

6. Bidder must submit a completed Bid Form A: Bid Form or an exact copy, signed by an individual authorized to negotiate for and contractually bind the Bidder. All prices must be reflective of all costs for delivery. No price adjustments will be allowed. Fuel surcharges or vehicle surcharges or adjustments will not be allowed.

7. Bidder must submit a completed Bid Form B: Bidder Information Response form.

8. Bidder must submit a completed Bid Form C: Authentication Form.

9. Bidder must submit a signed Bid Form D: Certificate of Good Faith.

10. Bidder must submit a completed Bid Form E: Certificate of Compliance with Massachusetts Tax Laws or Certificate of Good Standing issued by the Massachusetts Department of Revenue.

11. Bidder must submit a completed Bid Form F: Certificate of Compliance for Public Construction More than $10,000.00.

22DPW072C 13

12. Bidder must provide the required number of references. For each, provide the following: a contact person and title, customer’s name, address, telephone number, email, and a brief description of the actual services provided (sample format included in bid package as Bid Form G).

13. Bidder must ALSO submit the contact information, qualifications, and a list of references for the line striper.

14. Bidder must ALSO submit the contact information of the foreman and a list of installed projects they have overseen.

15. Bidder must submit a completed Bid Form H: Certificate of Authority (attached) or Corporate

Resolution; if applicable.

16. Bids must be received and time stamped no later than the deadline stated in the Procurement Schedule (Where and When Bids are Due). LATE BIDS WILL NOT BE CONSIDERED.

17. A Bid Deposit is required.

18. Delivery will be at the expense of the Bidder. Any and all damages that may occur due to packaging or shipping will be at the sole responsibility of the Bidder.

19. Any additional requirements as required in the Scope of Service.

The Town reserves the right to reject any and all bids as determined to be in the best interests of the Town and to waive minor informalities.

22DPW072C 14

PART 2 – SCOPE OF WORK

2.01 General

The contractor shall furnish all labor, materials, and equipment necessary for the resurfacing of the existing all-weather polyurethane running track surface at DeFazio Park in Needham, MA. This includes the installation of a BSS 100 Structural Spray Resurface as manufactured by Beynon Sports Surfaces of Hunt Valley, MD, or approved equivalent.

The project specifications include but are not limited to the following:

1. Cleaning, patching, and repairing the existing track and field event surfaces

2. Installing a BSS 100 polyurethane system structural spray on the track and field event surfaces

3. Painting line markings and lettering

2.02 Safety

All construction projects in the Town of Needham, MA must comply with the mandatory safety standards and recommended best practices published by the Commonwealth of Massachusetts. The state’s Mandatory Safety Standards for Workplaces are available at: https://www.mass.gov/info-details /reopening-mandatory-safety-standards-for-workplaces. The state’s Safety Standards and Checklists specifically for the construction sector are available at: https://www.mass.gov/info-details/safety-standards-and-checklist-construction. Contractors are advised to carefully review all materials, but especially the standards for protections of employee health and the enumerated bullets under the Enforcement and Oversight section. Contractors will be responsible for ensuring complete compliance with protocols across the worksite and may be required to submit a site-specific risk analysis and an enhanced COVID-19 safety plan for review by Town of Needham staff members if they are not able to achieve full worksite compliance.

2.03 Hours of Work

Normal hours of work shall be between the hours of 7:00 am and 3:30 pm, Monday through Friday, unless otherwise specified. No work shall be performed on Saturdays, Sundays, Holidays, or any other times other than normal hours of work without express permission from the Director of Public Works or their designee. All work in this contract will be identified by the Director of Public Works and shall be constructed in accordance with Town specifications or as directed by the Director.

2.04 Supervision

The contractor shall designate a project supervisor in writing upon a receipt of awarded contract. Any change in supervision shall require the prior approval in writing of the Director of Public Works or their designee. Failure of the contractor complying with this requirement may result in the Town, after one written warning, and at its sole option, charging a penalty of $200 per day until an approved project supervisor is on site. The project supervisor shall be present at each project during the execution of work.

Once project has begun, the contractor shall pursue and coordinate all work in a continuous and diligent manner until all work is completed, unless otherwise directed by the Director of Public Works or their designee. The contractor shall employ a minimum of 2 competent workers on site daily. Failure to comply with this requirement may result in a penalty of $200 per business day of noncompliance as determined by the Director of Public Works.

2.05 Pre-Installation Meetings

Prior to the installation of the track system, the Owner and the contractor shall meet to establish special requirements, proper sequencing, and the method of installation.

Upon the mobilization of the line striper, the contractor shall conduct a meeting which shall include the Owner, the contractor, and the line striper to confirm all track markings.

https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces https://www.mass.gov/info-details/reopening-mandatory-safety-standards-for-workplaces https://www.mass.gov/info-details/safety-standards-and-checklist-construction https://www.mass.gov/info-details/safety-standards-and-checklist-construction https://www.mass.gov/info-details/safety-standards-and-checklist-construction https://www.mass.gov/info-details/safety-standards-and-checklist-construction

22DPW072C 15

2.06 Reference Standards and Quality Assurance

Except as otherwise specified herein, the material and construction should be in accordance with the Department of Public Works, Standard Specifications for Highways and Bridges (SSHB) of the Commonwealth of Massachusetts, latest edition, including all addenda.

The contractor shall be a member in good standing with the American Sports Builders Association with specific qualifications in building and constructing running tracks. The contractor shall be fully knowledgeable and completely experienced with the manufacture and installation of running track surface systems for outdoor use. The contractor must employ a Certified Track Builder, as conferred by the American Sports Builders Association. This is mandatory.

Due to the significant after-installation maintenance required with outdoor track surfaces, the contractor must have a base of operations located within one hundred (100) miles of the project location, or evidence of a minimum of twenty (20) tracks in which maintenance has been performed within fifty (50) miles of project site within the last five (5) years. This requirement is intended to help ensure reliable response when repairs are needed.

No part of the surfacing installation will be conducted during rainfall or when rain is imminent. After rainfall, sufficient time shall be given to allow the surface to dry thoroughly. Materials are only to be applied when ambient temperature is 50 degrees Fahrenheit and rising.

2.07 Specifications

2.07.01 Resilient Track Surface

A. The resilient track surface shall be constructed with BSS 100 Waterborne Aliphatic Polyurethane System Structural Spray, as manufactured by Beynon Sport Surfaces of Hunt Valley, MD, or approved equivalent.

B. The spray coating shall be BEYPUR 160 Waterborne Aliphatic Polyurethane Spray as manufactured by Beynon Sport Surfaces, or equivalent. Any binders to be considered equivalent must have written confirmation by the manufacturer that the binder has been produced specifically for use in running track surface construction. The coating shall be red and pre-pigmented. Pigment integrated in the field shall not be allowed.

C. The rubber granules for the BEYPUR Structural Spray wearing coats shall be peroxide-cured EPDM synthetic rubber containing a minimum 20% EPDM resin, with a specific gravity of 1.5 ± 0.1 g/cm3.

The EPDM rubber shall be red.

D. All liquid products shall be supplied by one manufacturer.

2.07.02 Repair and Cleaning of Existing

A. Portions of the surface are either weakened or have torn and delaminated from asphalt substrate.

The contractor will cut out and replace these areas with BSS 100 polyurethane patching material.

B. Areas in need of repair include miscellaneous locations around the track, some failed surface seams, and high wear areas like the event runways and starting locations. Please Note: The bidder is recommended to perform a site visit to prior to bidding to insure an awareness of accurate repair amounts.

C. Prior to the application of additional layers of new material, the existing surface is to be cleaned of all loose dirt and debris. Any areas of the existing surface that have worn to the asphalt base or have delaminated from the base shall be removed, cleaned, and repaired.

22DPW072C 16

2.07.03 Structural Coating Application

A. The structural spray will be applied in two (2) layers. The application will consist of specifically graded .5-1.5mm red EPDM rubber particles and pre-pigmented polyurethane coating. The layers will total 3.6 lbs. of coating per square yard.

2.07.04 Line Marking

A. The contractor must wait 48 hours after completion of the surfacing before applying the line marking.

B. The contractor will provide all computations and measurements in an organized form. Competent, experienced, and fully qualified personnel shall make all measurements.

C. The contractor will lay out all lines and markings to within a ½” tolerance.

D. The contractor will locate and establish all radius points and establish and set all necessary control points.

E. The contractor will establish all locations on the curves using a transit or Theodolite capable of reading direct to 20 seconds.

F. The contractor will identify all markings, where appropriate, by painting the identification directly onto the track surface in 4” letters just below or in front of each mark in the right-hand portion of the lane.

G. The contractor will paint all of the large, 3’ high lane numbers in two (2) colors, utilizing shadowed backgrounds.

H. All lines shall receive sufficient paint to assure opacity and uniformity of color.

I. Paints shall be used directly from the original containers and shall be thinned only when hot temperatures dictate thinning for smooth applications.

J. The amount of paint used shall be as recommended by the manufacturer.

K. The paint shall be compatible with the synthetic surface materials and recommended by the surface manufacturer.

L. The markings shall include all events and marks required or recommended by the NFHS and MIAA High School Rules.

M. The Certification of Calculations and Line Layout shall be signed by both the Measurer and Certified Track Builder.

2.07.05 Cleanup and Maintenance

A. The contractor must clean the entire area daily. All trash and job-related debris shall be removed from the site or stored in approved dumpsters at the end of each day’s work. The location of any dumpsters shall be coordinated with the Town. Dumpsters shall be covered at all times when not loading and unloading. Dumpsters shall be emptied in a timely fashion to provide adequate capacity for job-related debris at all times. Storage of job-related debris in locations other than dumpsters or approved staging areas shall not be permitted.

B. The contractor will remove and dispose of all demolition materials, trash, and debris, except materials specifically designed to remain as property of the Owner, in strict accordance with local, State and Federal laws.

22DPW072C 17

C. Upon completion of the work, the contractor shall remove all containers, surplus materials, and debris. The site will be left in a clean and orderly manner acceptable to the Owner.

D. Prior to final acceptance, the contractor shall submit to the Owner three (3) copies of maintenance manuals, which will include all necessary instructions for the proper care and preventative maintenance of the polyresin track surface.

22DPW072C 18

PART 3 – CHECKLIST AND REQUIRED FORMS FOR SUBMISSION

Company Name: ___________________________________________________

Bidder has completed and returned the Acknowledgment of Receipt form (via fax or email).

Bidder has completed, signed, and enclosed the Bid Form A: Bid Price Form or an exact copy.

Bidder has completed, signed, and enclosed the Bid Form B: Bidder Information Response form.

Bidder has completed, signed, and enclosed the Bid Form C: Authentication Form.

Bidder has completed, signed, and enclosed the Bid Form D: Certificate of Good Faith.

Bidder has completed, signed, and enclosed the Bid Form E: Certificate of Compliance with Massachusetts Tax Laws or Certificate of Good Standing issued by the Massachusetts Department of Revenue.

Bidder has completed, signed, and enclosed the Bid Form F: Certificate of Compliance for Public Construction More than $10,000.00.

Bidder has provided all required references on the Bid Form G: Professional Reference Form as described in Section 1.30.

If the bid submission is signed by someone other than the Owner/President of the company, a completed Bid Form H: Certificate of Authority of Corporate Resolution for the person who signed the proposal or a valid Corporate Resolution stating the individual has the authority to submit the proposal on behalf of the Company and can bind the Company to the contract if awarded.

The Bid Deposit (Bond) enclosed.

Bidder acknowledged all addenda, if any Addendum Number 1 dated ____________________ Addendum Number 2 dated ____________________ Addendum Number 3 dated ____________________ Addendum Number 4 dated ____________________ Addendum Number 5 dated ____________________

This form must be completed and filed with bid submission

22DPW072C 19

Bid Form A: Bid Sheet

DeFazio Track Resurfacing – 22DPW072C

A Cost of cleaning, repairing, resurfacing, and painting as outlined in “PART 2, SCOPE OF WORK”

General Bid Requirements

B Warranty on Labor (in months)

C Warranty on Materials (in months)

D Prompt Payment Discount __%/___ Days

E Total Cost of Contract

Bidder Acknowledges Addenda #: _______________________________

Company Name: _________________________________________ Number of Years in Business: _____

Address: _________________________________________

Authorized Signature: _________________________________________

Printed Name & Title: _________________________________________

22DPW072C 20

Bid Form B: Bidder Information Response

Legal Name of the Bidder: ____________________________________________________________

Company Name: ___________________________________________________________________

Company Address: _________________________________________________________________

City State Zip: ____________________________________________________________________

Company Web Address: _____________________________________________________________

Company Telephone: ________________________ Company Fax Number: ____________________

State of Incorporation (Date): ________________________________________________________

If the bidder is a partnership, give full names and addresses of all partners; and if an individual, give residential address if different from business address.

Company Contacts – Required

Individual submitting the bid: (This is the individual who should sign the Certificate of Good Faith)

Name: _________________________________ Title: __________________________________

Mailing Address: __________________________________________________________________

Telephone: __________________________________ Fax Number: _______________________

Email Address: ___________________________________________________________________

Individual to be contacted about the bid: (If different from the individual submitting the bid)

Name: _________________________________ Title: __________________________________

Mailing Address: __________________________________________________________________

Telephone: __________________________________ Fax Number: _______________________

Email Address: ___________________________________________________________________

Best Times to Contact: _____________________________________________________________

22DPW072C 21

Individual authorized to contractually bind the company: (This will be the individual whose name and title will appear in the contract documents and will execute the contract if the contract is awarded to the company)

Name: _________________________________ Title: __________________________________

Mailing Address: __________________________________________________________________

Telephone: __________________________________ Fax Number: _______________________

Email Address: ___________________________________________________________________

Best Times to Contact: _____________________________________________________________

1. Has the bid been signed by a person legally authorized to commit the Bidder (Company) to the contract, if awarded? Yes No

2. Is the Bidder prepared to provide the insurances as required? Yes No

3. Has the Bidder placed any conditions or restrictions with its bid to the Town which conflict with the Scope of Services? (If yes, the bid may be deemed conditional.) Yes No

4. Has the Bidder identified any and all exceptions to the Town’s specifications and are they included in the submission? Yes No

5. Is the Bidder prepared to execute the Town’s contract, if awarded? Yes No

Signature of the Bidder: ______________________________________________________________

Printed Name and Title of Signatory: ____________________________________________________

Date: ________________

22DPW072C 22

Bid Form C: Authentication Form DeFazio Track Resurfacing

22DPW072C

The undersigned agrees that, if selected as the contractor for any or all of the above bid items, the contractor shall be obligated to provide those services in accordance with the terms of these specifications at the bid price upon receipt of a fully executed contract.

Name of Bidder: _________________________________________________________________

Address: _______________________________________________________________________

Authorized Signature: ____________________________________________________________

Printed Name and Title: ___________________________________________________________

Date: _______________________ Phone Number: _____________________________________

Fax Number: _________________________ Email: _____________________________________

22DPW072C 23

Bid Form D: Certificate of Good Faith DeFazio Track Resurfacing

22DPW072C

The undersigned hereby certifies that s/he will comply with all laws and regulations applicable to awards made subject to Massachusetts General Laws, Chapter 30 Section 39M.

The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person.

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