Instruction to Bidders.pdf

INSTRUCTIONS TO BIDDERS

00 21 16 - 1

SOUTH RIVER PARK EXPANSION

Marshfield, Massachusetts Bid Documents

SECTION 00 21 13

PART 1 – GENERAL

THE TOWN OF MARSHFIELD (represented by the Department of Public Works) hereinafter referred to as the “Awarding Authority” or “Local Public Agency”, invites sealed bids for the South River Park Expansion project.

The Work of this Contract shall be performed at 2160 Ocean Street and partially on 2148 Ocean Street in Marshfield, MA. The property is town-owned and adjacent to South River Park on the east, Ocean Street on the south, the South River on the north, and a private commercial business on the west. The purpose of this project is to expand South River Park. The proposed improvements include new walkways, pavements, seating areas with benches, granite block seatwall, wood guardrail, vehicular swing gate, and planting and seeding. The work also includes vegetation removal in some areas, including management of invasive plant species, and protection of existing vegetation in other areas. Low-impact stormwater management solutions are included.

1.01 IDENTIFICATION

A. Owner: Town of Marshfield, Department of Public Works

Address: 965 Plain Street, Marshfield, MA 02050 Telephone: (781) 834-5561 Contact Person: Mr. Matt Kinlin, P.E., Town Engineer Email: mkinlin@townofmarshfield.org

B. Landscape Architect / Prime Consultant: Shadley Associates, P.C.

Address: 45 Shawmut Road, Suite 340 Canton, MA 02021 Telephone: (781) 652-8809 Contact Person: Mr. Skyler Chick, RLA Email: schick@shadleyassociates.com

1.02 BIDDING / PROJECT SCHEDULE INFORMATION

A. Bid Documents will be available via electronic distribution on Thursday, January 8, 2026 at 8:00 a.m. Requests for a package electronically may be obtained by sending an email request to: dpwbids@townofmarshfield.org. Your email request must include all your contact information in order to receive addenda. You may also obtain bid documents at the DPW Office at 965 Plain Street, Marshfield, MA 02050 on Monday – Thursday (8am-4pm) and Friday (8am-12pm). (Please note: there is a cost of $25.00 if you wish to pick up a hard copy of this bid package).

B. Pre-Bid Conference / Site Meeting will be held on Wednesday, January 21, 2026 at 10:00 a.m. (weather permitting) at the project site. Prospective bidders should meet at the project site. Parking is available at the adjacent South River Park. No other formal accommodation will be made by the Owner to walk the site with prospective bidders and the site is currently restricted from public access. The conference is not mandatory, but bidders are encouraged to visit the site to understand the limits, access, and staging, as well as generate questions related to the site to be addressed via addenda.

C. Written Requests for Clarification and Interpretation shall be submitted via electronic mail to Matt Kinlin of the Town of Marshfield. All such requests must be sent via email to dpwbids@townofmarshfield.org prior to 5:00 p.m. on Wednesday, January 28, 2026 to be considered. Final addenda will be issued 5 business days prior to the bid due date.

mailto:dpwbids@townofmarshfield.org

00 21 16 - 2

SOUTH RIVER PARK EXPANSION

D. Bid Opening and Disposition: Sealed General Bids are due at or before Thursday, February 12, 2026 at 2:00 p.m. in the Marshfield Department of Public Works Conference Room, 965 Plain Street, Marshfield, MA 02050, and will be opened in public and Bidders may be present. The Bids of the three lowest General Bids may not be withdrawn for 30 days (Saturdays, Sundays, and legal holidays excluded) after receipt of General Bids.

E. Contractor Mobilization: The Owner will allow Work to commence on Thursday, March 12, 2026.

F. Substantial Completion:

1. Substantial Completion for the entire project must be achieved by 5:00 p.m. on Friday, November 20, 2026. Substantial completion is defined as all hardscape plus all hydroseeding and as much planting as can be performed in the fall of 2026.

G. Final Completion:

1. Final Completion for the entire project must be achieved by 5:00 p.m. on Friday, May 28, 2027. Final completion includes all hardscape, planting and seeding including the maintenance/acceptance periods for seeding.

1.03 BIDDER’S QUALIFICATIONS

A. Prospective Bidders shall possess demonstrated expertise in the construction of this type of work (public and private are acceptable). The Prospective Bidder shall also possess a record of successfully completing projects on time and budget.

1. The Prospective Bidder’s attention is called to the Experience Criteria described in each of the technical specifications for information required at the time of bid in regards to contractor/subcontractor experience criteria.

1.04 BID DOCUMENTS

A. Instructions to Bidders: The “Instructions to Bidders” contains important information about bidding procedures and is intended to provide guidance and assistance to bidders. This “Instruction to Bidders” does not change or supersede the provisions of the Contract Documents. The “Instruction to Bidders” is not part of the Contract Documents, unless specifically referenced or itemized in the Owner/Contractor Agreement.

B. Bid Documents consist of one electronic copy of the Bid Documents and Project Manual.

All printing costs will be the responsibility of the Prospective Bidder.

C. Copies of the Addenda will be issued via electronic mail to every prospective bidder on record as having obtained bid documents.

1. Addenda Must Be Acknowledged: Prospective Bidders shall acknowledge Addenda in the spaces provided on the bid forms. Failure of a bidder to acknowledge Addenda in the spaces provided on the bid form may cause rejection of the bid or lead to a protest. Failure of a bidder to receive any Addenda shall not relieve it from any obligation under its bid as submitted.

1.05 BIDDING REQUIREMENTS

A. Applicable Laws: All bids are subject to all applicable provisions of law including, without limitation, M.G.L. Chapter 149, Sections 44A through 44J, and Chapter 30, Section 39M, as amended.

00 21 16 - 3

SOUTH RIVER PARK EXPANSION

B. Site Visit Recommended: Each prospective bidder shall visit the site of the proposed work and become aware of the existing conditions, existing facilities, and the character of the operations to be carried out under the proposed Contract. Note: the site is currently fenced and inaccessible to the public and special accommodation will not be made. The site will be open for the Pre-Bid Meeting at 10am on Wednesday, January 21, 2026 and all bidders are strongly encouraged to attend. Failure to make site examinations will not relieve the bidder from any obligation under the bidder’s bid as submitted, nor shall it serve as the basis for change orders or equitable adjustments.

C. Document Examination: Each prospective bidder shall thoroughly examine and become familiar with the Contract Documents and the Bidding Documents. Failure to make such thorough examination will not relieve the bidder from any obligation under the bidder’s bid as submitted, nor shall it serve as the basis for change orders or equitable adjustments.

D. Form of Agreement: Reference AIA Document A104 – 2017: Standard Form of Agreement

Between Owner and Contractor for a Project of Limited Scope.

E. Questions, Clarifications, and Interpretations: Prospective Bidders shall promptly notify the Project Engineer with/of questions, ambiguities, inconsistencies, errors, or omissions, which they may discover upon examination of the Contract Documents, the site, and local conditions.

1. The Town’s Response, Addenda: The response will be in the form of written

Addenda, which shall become part of the Contract Documents. Clarifications and interpretations offered by the Owner, the Landscape Architect or any of the Landscape Architect’s consultants in any form other than a formal written Addenda shall be invalid.

1.06 ALTERNATES

A. There are no alternates for this project.

1.07 PREPARATION AND SUBMISSION OF BIDS

A. General Bid Submission: Submit two (2) copies of the bid forms, in a sealed envelope.

1. Clearly and boldly identify envelope with:

a. Name of the project;

b. Name of the Awarding Authority;

c. Name, business address, and business telephone number of the bidder;

d. “General Bid Enclosed”.

2. Bids shall be good for a period of thirty (30) business days (excluding holidays and weekends).

B. Completion of Bid Forms: Use only the Bid Forms furnished with the Bid Documents or subsequent Addenda. Additional forms will not be accepted.

C. Alterations Not Permitted: Do not alter Bid Forms. Do not include any recapitulation of the work to be done. Do not provide any information not requested. Do not strike out, line out, white out, or erase any information.

D. Amounts: Express amounts in both words and numbers where space for both is provided. In cases of conflict, written amounts shall control over numbers.

E. Blanks: Complete all spaces provided. Do not leave any blanks. Print “N/A” in any space not needed or used.

00 21 16 - 4

SOUTH RIVER PARK EXPANSION

F. Prevailing Wage Rates as determined by the Commissioner of Department of Labor and

Industries under the provisions of M.G.L. Chapter 149, Section 26 to 27G, as amended, apply to this project. Refer to Specification Section 00 43 43 for state schedule of Prevailing Wage Rates.

G. Bid Withdrawal: Any bid may be withdrawn by telephone, mail or delivered written request or by electronic mail prior to date and time for receipt of bids. Withdrawn bids may be resubmitted until date and time for receipt of bids.

1. Telephone Request: Bid withdrawal by telephone shall be confirmed in writing with the Bidder’s signature.

2. Mailed Written Request: Bid withdrawal by mail shall be in writing and shall be post-marked on or before the date and time of receipt of bids.

3. Emailed Request: Bid withdrawal by email shall be received by the Town

Engineer, dpwbids@townofmarshfield.org, on or before the date and time for receipt of bids.

4. Modifications: No written, oral, telephone, or email modifications to bids will be considered after the bid is received.

H. Bid Deposit (Bid Security): A Bid Deposit (Bid Security) is required for each General Bid in the amount of 5% of the total bid amount including all possible add alternates.

1. Form of Bid Deposit: Every General Bid shall be accompanied by a bid deposit, in an amount not less than five percent (5%) of the bid amount, in the form of a certified check; or a treasurer’s check; or a cashier’s check; issued by a responsible bank or trust company, made payable to the Town of Marshfield or a bid bond in a form satisfactory to the Town of Marshfield, with a surety company qualified to do business in the Commonwealth of Massachusetts, and conditioned upon the faithful performance by the principal of the agreements contained in the respective general bid. Bid Deposit will become the property of the Town of Marshfield on the failure of the successful bidder to sign a contract within fourteen

(14) days after notification of acceptance of his bid or by other default.

2. Bid Deposit Return: Bid deposits, except those of the three lowest responsible and eligible bidders, will be returned within fourteen (14) days after the opening of the bids. The bid deposits of the three lowest responsible and eligible bidders will be returned upon execution of the contract (including delivery of contract, required bond and evidence of insurance to the awarding authority) or at the expiration of thirty (30) days after opening the bids if no award is made; except that, if any bidder fails to perform his/her agreement to execute a contract and furnish the required bond or surety deposit, his/her bid deposit shall become and be the property of the Town of Marshfield as liquidated damages.

1.08 PERFORMANCE BOND AND LABOR AND MATERIALS PAYMENT BOND

A. The General Bidder selected as General Contractor shall furnish the Awarding Authority with a Performance Bond and Labor and Materials Payment Bond both in the amount of one hundred (100%) percent of the Contract Price including add alternates. Bonds shall be issued by a surety company that is licensed to do business in the Commonwealth of Massachusetts, State Division of Insurance and approved U.S. Department of the Treasury.

Bond form shall be bound in the Project Manual or other form approved by the Awarding Authority.

00 21 16 - 5

SOUTH RIVER PARK EXPANSION

1. Changes in the Contact Price: Whenever the Contract Price is adjusted by Change Order, the General Contractor shall adjust the amount of both the Performance Bond and Labor and Materials Payment Bond to the new full amount of the Contact Price. The cost of this adjustment shall be included in the General Contactor’s mark-up on Change Orders.

B. Bond Cost: All Performance Bond and Labor and Materials Payment Bond costs shall be included in the Bid Amount and the General Contractor shall pay all premiums for bonds.

C. Additional Bond Documents Required: With each bond provide certified power of attorney or other certificate of authority where an agent, officer, or other representative of Contractor or surety executes bond.

1.09 TAX EXEMPTION

A. Taxes: the Town of Marshfield is exempt from payment of Massachusetts Sales Tax and United States Taxes.

B. The Town of Marshfield Sales Tax Exemption Number will be provided to the successful bidder upon the bidder’s request.

1.10 LIQUIDATED DAMAGES

A. If the Contractor fails to complete the Work to Substantial Completion within the Contract Time, the Contractor shall pay the Town of Marshfield $500.00 per day for each and every calendar day that the Contractor is in default in completing the Work to Substantial Completion. Such moneys shall be paid as liquidated damages, and not a penalty, to cover losses and expenses to the Town of Marshfield resulting solely from the fact that the Work is not completed on time. This may include costs for additional hours for onsite supervision; additional designer construction administration; any expenses related to delay of use of field including transportation to and from another field and any associated costs (water, toilets, clean up, etc.) incurred due to the change in venue. The costs are not capped and Owner is not obligated to purse cost reduction methods to limit financial liability of Contractor as time is of the essence. Liquidated damages or a portion thereof may be waived by the Town of Marshfield if the Contractor submits evidence satisfactory to the Town of Marshfield that the delay was caused solely by conditions beyond the control of the Contractor and that the Town of Marshfield has not suffered any damages as a result of said delay.

B. The Town of Marshfield may recover liquidated damages by deducting the amount thereof from any moneys due or that might become due the Contractor, and if such moneys shall be insufficient to cover the liquidated damages, then the Contractor or the Surety shall pay the Town of Marshfield the amount due.

1.11 CONTRACT AWARD

A. Contract Award: The Contract will be awarded within 30 days (Saturdays, Sundays, and legal holidays excluded) to the lowest responsible and eligible bidder, except in the event of substitution as provided by M.G.L. Chapter 149, Section 44E and 44F, and/or M.G.L.

Chapter 30, Section 39M, in which case the procedure as required by these Sections of Law shall govern the award of the Contract. No bid shall be considered accepted until the Awarding Authority has issued a written Notice of Award sent by mail or delivered to the address given by the bidder on the bid form.

B. Bids may be Rejected: The Owner reserves the right to waive informalities in the general bid; to reject the bid; and to revise the Bid Documents and rebid, if it is in their interest to do so.

00 21 16 - 6

SOUTH RIVER PARK EXPANSION

C. Definition of “Lowest Responsible and Eligible Bidder”: The “lowest and eligible bidder” means the General Bidder whose bid is the lowest of those General Bidders who demonstrably possess the skill, ability, and integrity necessary for faithful performance of the work, and who certify that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work.

1.12 DOCUMENT SUBMISSION CHECKLIST

A. Bid Required Submittals: On or before the date and time of receipt of General Bids, general bidders must submit the following:

1. Form for General Bid with References

2. Bid Deposit

3. Statutory Forms

B. Documents Required for Contract Signing: Three copies of each of the following documents are required prior to Contract Signing.

1. Signed and executed Form of Agreement.

2. Form of Statement of Wage Rate Compliance (Section 004343)

3. Signed and executed Affidavit of Compliance and Vote of Corporation.

4. Signed and executed Section 006113.13, Performance Bonds and Section

006113.16, Labor and Materials Payment Bonds including Power – of – Attorney for the General Contractor.

5. Additional Information on Subcontractors as required for the Contract Documents

6. Signed and executed Insurance Certificates for the General Contractor and

Subcontractors.

1.13 CRIMINAL OFFENDER RECORD CHECK

A. The successful contractor agrees to cooperate with the Town of Marshfield by submitting criminal record checks for all employees (and subcontractor’s employees) of the successful bidder who will be performing work on School property, pursuant to MGL c. 71, 38R prior to their entering upon School grounds.

END OF SECTION