IELD_IFB_-_High St Office Green Infrastructure_Final.docx

IPSWICH ELECTRIC LIGHT DEPARTMENT (“IELD”)

CONTRACT DOCUMENTS

FOR

HIGH STREET GREEN INFRASTRUCTURE PROJECT

August 26, 2026

TABLE OF CONTENTS

Section Contract Documents

FAQ’s and Bidder Checklist

SECTION A

INVITATION FOR BIDS

IFB ___

Pursuant to M.G.L. c. 30, § 39M, the Ipswich Electric Light Department (IELD) solicits sealed bids for:

HIGH STREET GREEN INFRASTRUCTURE PROJECT

The work involves the provision of labor, materials, supervision, vehicles, equipment, and materials, and related work required to install various green infrastructure and other improvements as detailed in the specifications. The work will be performed outside of IELD’s office 272 High Street, Ispwich, MA.

Bid documents may be obtained by contacting CJ Kanouff by email at _ckanouff@ipswichutilities.org_________.

A Pre-Bid conference and site visit will be held on _September 8th, 2026___ at 10:00 AM. Attendence is strongly encouraged, but not required.

Bids shall be submitted in duplicate in a sealed envelope marked, “HIGH STREET GREEN INFRASTRUCTURE PROJECT”, IFB August 26th, 2026.” All bids shall be accompanied by a bid deposit in the form of cash, a bid bond, a certified check, treasurer’s or a cashier's check issued by a responsible bank or trust company payable to “Ipswich Electric Light Department” in the amount of five (5) percent of the lump sum price. The bid deposit must be submitted in a separate, sealed envelope, marked “Bid Deposit.” No bidder may withdraw its bid for a period of sixty (60) days, excluding Saturdays, Sundays, and legal holidays, after the date of opening bids.

The work is subject to prevailing wage laws. Attention is directed to the minimum wage rates to be paid as determined by the Commissioner of Labor and Workforce Development and the weekly payroll record submittal requirements under the provisions of M.G.L. c. 149, §§ 26 -27D inclusive.

IELD will receive sealed bids until 10:00 AM, July 8, 2026, at 272 High Street, Ipswich, MA 01938, ATTN: _Dylan Lewellyn_________, at which time bids will be opened and read aloud Bids received after the deadline and/or without the required bid deposit will not be accepted.

IELD reserves the right to reject any and all bids, waive minor irregularities and informalities, and to take such action as it deems to be in the public interest.

No award shall be final until IELD executes the agreement signed by a duly authorized representative.

SECTION B

INFORMATION AND INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids

Pursuant to M.G.L. c. 30, § 39M, the Ipswich Electric Light Department (“IELD”) seeks sealed bids for the installation of permeable paver parking area, porous asphalt walkways, rain garden, native planting beds and rainwater harvesting barrels/tank, and related work at its office building property for a green infrastructure site improvement project. The original and one copy of the bid shall be submitted in a sealed envelope, addressed to the Ipswich Electric Light Department, 272 High Street, Ipswich, MA 01938, ATTN: Dylan Lewellyn and marked “HIGH STREET GREEN INFRASTRUCTURE PROJECT”, IFB August 26, 2026.”

Bids must be received no later than 10:00 AM, Tuesday, September 22nd, 2026.

Any bid may be withdrawn or modified prior to the deadline for the opening of bids. Any bid received after the deadline will not be considered. The bidder agrees that its bid shall be good and may not be withdrawn for a period of 60 days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

2. Description and Location and Work

IELD is a municipal light plant providing electric services to customers in the Town of Ipswich, MA. The work consists of the provision of labor, materials, vehicles, and services in connection with installing various green infrastructure strategies at the IELD office building (“Work”). The Work shall include mobilization and demobilization, permeable paver parking with granite curbing, stop blocks, overflow drain pipes and paint designations for parking spaces, rain garden with native plantings, downspout drain pipe connections, drain pipe conveyance system, non-toxic timber edging, (2) rain barrels with a drip irrigation system, a 500 gallon above ground rainwater tank with a drip irrigation system, porous asphalt walkways with steps, planting beds with native plants, flag pole and (3) lamp posts with underground electric conduit. Existing vegetation will be protected and remain to the greatest extent possible. All work will be performed at the IELD office building property.

The Work is expected to begin no sooner than October 1st, 2026 and be completed no later than December 15th , 2026, except for planting schedule detailed in the Section D, SPECIFICATIONS, which are to be completed between April 2027 and June 2027.

The location, general characteristics, and principal details of the Work are set forth in Section D, SPECIFICATIONS.

The Bidder shall furnish all labor, services, supervision, vehicles, materials (unless otherwise provided in the Specifications), equipment, plant, machinery, apparatus, appliances, tools, supplies, and all other things necessary to do all work required for the completion of each item of the work and as herein specified.

The work to be done and paid for under any item shall not be limited to the exact extent mentioned or described but shall include all incidental work necessary or customarily done for the completion of that item.

A Pre-Bid Conference and Site Visit will be held at:

Time: 10:00 AM Date: September 8th, 2026 Location: 272 High St, Ipswich MA 01938

Attendance is optional. Contact CJ Kanouff ckanouff@ipswichutilities.org to register.

3. Preparation of Bid

Each bid must be submitted on the prescribed forms. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures. All documents must be completed, and where required, documents must be signed by an authorized person. Information currently on file with the IELD will not relieve the Bidder from submitting all required forms and information. Do not submit any pricing or other information not requested in this Invitation for Bids (“IFB”). The submission of extraneous information may render the bid non-compliant and subject to rejection.

The person signing the bid must initial any change or strikeout to the response, but any changes or strikeouts to the provisions of the IFB may render the bid non-responsive and subject to rejection. The bid shall include an acknowledgment of receipt of all addenda, the numbers of which must be filled in on the BID FORM, Section C.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, address, and endorsed with the name of the project as specified in Receipt and Opening of Bids, above.

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in Receipt and Opening of Bids, above.

Bidders are expected to read all sections of this IFB and deliver bid in accordance with these Instructions. By submitting a bid, the bidder accepts all terms and conditions, specifications and requirements of the Contact Documents and represents and warrants that all information provided is true and accurate to the best of the bidder’s knowledge at the time of submission.

IELD shall not be responsible for completeness or accuracy of any bid documents obtained from third party sources, plan rooms, etc.

4. Signatures

Bids must be signed in the designated space on the Bid Form. Bids signed by an agent must be accompanied by written proof of the agent’s authority to sign the bid and bind the bidder.

Bids submitted by corporations must be executed in the corporate name by the president, a vice president, or other corporate officer accompanied by evidence of authority to sign (see Certificate of Vote), and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Evidence of authority to conduct business as an out-of-state corporation in the Commonwealth of Massachusetts shall be provided. State contractor license number, if any, must also be shown.

Bids submitted by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature. The official address of the partnership must be shown below the signature.

Bids submitted by limited liability companies (LLCs) must be executed by a manager or member.

All names must be typed or printed in ink below the signature.

UNAUTHORIZED SIGNATURES ARE CAUSE FOR THE BID BEING DEEMED NON-RESPONSIVE, AND THEREFORE, REJECTED.

5. Contact Information

Bidders must provide the name, title, address, telephone number and e-mail address, of a contact person to whom questions and requests for clarification may be addressed.

6. Pricing

Bidders shall provide a Lump Sum Price for all Work as set forth in the Specifications, Section D. The Lump Sum Price shall include all labor, equipment, materials, tools, services, transportation, deliveries, required bonds, excavation and site preparation work, mobilization and demobilization, applicable taxes, fees, and other expenses, including travel, lodging, rentals, shipping, handling, and administrative expenses, downtime (if any), and profit. Material shall be shipped FOB Ipswich Massachusetts, freight prepaid and allowed. IELD is a tax-exempt entity; pricing shall not include sales and use taxes. Conforming bids will be compared and awarded based on the Lump Sum Price for such Work.

Unless otherwise indicated in the bid documents, all prices bid shall be firm fixed pricing for the duration of the contract.

7. Substitute and “Or Equal” Items

Whenever a manufacturer’s name, part number, or style designation is used, the intent is not to be restrictive but solely to indicate the type and quality of merchandise required. When submitting a bid for substitute “or equal” items, bidders shall provide written certification that parts offered meet manufacturer’s or industry standards. Materials that do not, in the opinion of IELD, meet specified requirements will not be accepted. Bidders must provide a written warranty statement for alternate materials offered.

8. Prevailing Wages

Prevailing Wage Rates as determined by the Department of Labor Standards pursuant to M.G.L. c. 149, §§ 26 - 27G, apply to the work. It is the responsibility of the bidder, before bid opening, to request, if necessary, any additional information on Prevailing Wage Rates for those tradespersons who may be employed for the proposed work.

Prevailing wage rates for this project are included in Section I, PREVAILING WAGE SCHEDULE.

Copies of Payroll Record and Statement of Compliance forms may be found at www.mass.gov/dos/pw.

9. Bid Deposit

Each bid must be accompanied by bid deposit in amount of five (5) percent of the LUMP SUM PRICE in the form of a certified check, a bid bond, cash, or cashier’s check payable to IELD. Bid security shall be enclosed in a separate envelope clearly marked “Bid Deposit” and attached to the bid. Bid deposits will be returned to all except the three lowest responsible and eligible bidders within five (5) days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids, and the remaining deposits will be returned promptly after the execution of the Agreement, or if no Agreement is executed, after the deadline for accepting bids has expired.

10. Bid Procedure

The following list of requirements shall apply to each filed bid. Bids not meeting all the requirements for timeliness and security will be rejected without opening; bids not meeting signature and addenda requirements will be rejected prior to checking bid amounts.

Bids shall be submitted at the place and before the time specified in Receipt and Opening of Bids, above.

Properly executed bid security shall be placed in a sealed envelope and shall be attached to the outside of the envelope containing the bid as described above.

Bid signatures will be checked.

All addenda will be sent by email to all prospective bidders as provided in paragraph 13. All bidders shall acknowledge receipt of all Addenda on Section C, BID FORM.

The total dollar amount of each bid will be read, and the three apparent lowest bids will be selected for further review. All those present at the bid opening may examine all bids after the bid opening and reading.

11. Ability and Experience of Bidder

Bidders must complete the Bidder Qualification Form provided in the bid package (Appendix B to the Bid Form). The information should be based on direct experience with Work contained in this IFB. Bidders must meet and submit the following minimum qualifications and experience:

· The bidder must have 5 years of experience performing similar work. The bidder also must have been in business continually for a period of 10 years;

· The bidder must have 5 years of experience with installing rainwater and/or stormwater harvesting/collection systems and sunken planting beds with native plantings;

· The bidder must possess all required licenses, registrations, and permits to perform the work and operate required equipment and vehicles in the Commonwealth of Massachusetts;

· The bidder must have completed at least two (2) similar projects in the past five (5) years. The bidder must provide a work reference for each project and shall describe each project in detail including dollar size as well as start and completion dates. (See Bidder Qualification Form);

· The bidder must submit the name, address, qualifications and work experience (e.g., brief resume) of key personnel who will be assigned to perform work under the contract. Include all licenses, registrations and permits held;

· The bidder must provide the names and contact information for a minimum of three (3) current clients. Municipalities and utilities are preferred but not a requirement. Include the name, address, phone number, and/or email of the person who may be contacted for a reference.

· The bidder will be able to perform all the required work with minimal to no use of subcontractors except for the electrical and porous asphalt paving work.

· The bidder shall provide a proposed construction schedule to demonstrate its ability to perform the work in a timely manner. Once the contract is awarded, final construction schedules and the coordination of Work shall be subject to IELD’s review and approval.

No award will be made to any bidder who cannot satisfy to IELD that it has sufficient ability and experience in this class of work and sufficient capital and resources to enable it to prosecute and complete the work successfully within the times specified. IELD’s decision or judgment on these matters will be final, conclusive, and binding.

IELD may make such investigations as it deems necessary, and the bidder shall furnish to IELD, under oath if so required, all such information and data for this purpose as IELD may request.

12. Conditions of Work

Each bidder must familiarize himself fully with the conditions relating to the performance of the work in IELD’s service territory and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible, the contractor in carrying out its work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor and shall work cooperatively with IELD work crews.

13. Addenda and Interpretations

No interpretation of the meaning of specifications or other bid documents will be made to any bidder orally. All information given to bidders other than by means of plans, specifications, or addenda, as described below, is given informally and shall not be used as the basis of a claim against IELD.

Every request for such clarification, interpretation, or modification must be in writing and directed to: CJ Kanouff ckanouff@ipswichutilities.org, Ipswich Electric Light Department (IELD), 272 High Street, Ipswich, MA 01938.

Requests should be sent by email to: ckanouff@ipswichutilities.org.

In order to receive consideration, such request must be received at least five (5) business days prior to the deadline for opening of bids. Any and all such interpretations, supplemental instructions or changes to the IFB will be in the form of written addenda which, when issued, will be sent to all prospective bidders of record (at the respective email address furnished by them for such purposes), not later than three (3) days prior to the deadline for the opening of bids. Failure of any bidder to receive any such addendum shall not relieve such bidder from any obligation under its bid as submitted. All addenda so issued shall become part of the Contract Documents. Post-bid clarifications are not permitted.

14. Payment Bond

In accordance with M.G.L. c. 30, § 39M and M.G.L. c. 149, § 29, the successful bidder shall furnish a payment bond in the amount of 50% of the total contract price (Section C - Bid Form, Paragraph II B), for payment by the contractor and subcontractors for labor performed or furnished and materials used or employed therein as specified in Section G (Payment Bond) and Section H (Terms and Conditions). The surety on such bond or bonds shall be a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to IELD. The bond shall remain in force for one year after final acceptance of all work performed under the Agreement, unless IELD, in writing, releases the contractor from the obligation sooner. The Payment Bond shall be provided within 10 days of the notification of contract award.

15. Power of Attorney

Attorneys-in-fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

16. Laws and Regulations

Attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations (“Laws”) of all authorities having jurisdiction over the procurement and performance of work shall apply to the contract throughout, and such Laws will be deemed to be included in the contract the same as though herein written out in full.

17. Liquidated Damages for Failure to Enter into Contract

The successful bidder, upon its failure or refusal to execute and deliver the Agreement and the payment bond within ten (10) days after receiving notice of the acceptance of its bid, shall forfeit to IELD, as liquidated damages for such failure or refusal, the bid deposit furnished with its bid. In case of death, disability, bona fide and obviously clerical or mechanical error of a substantial nature, or other similar unforeseen circumstances affecting the bidder, its bid deposit will be returned. Clerical errors shall not include errors in calculating applicable rates or the bidder’s expected profit.

18. Obligation of Bidder

At the time of the opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with the Contract Documents, including all addenda. The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of its bid.

19. Right to Reject Bid

To the extent permitted by law, IELD reserves the right to reject any and all bids should IELD deem it to be in the public interest to do so.

IELD shall reject bids which in its sole judgment are either incomplete, conditional, obscure or not responsive or which contain exceptions, additions or clarifications not called for, erasures not properly initialed, alterations, or similar irregularities. Provided however, IELD, in its discretion, may waive non-statutory minor informalities to the extent permitted by law.

IELD also reserves the right to reject the bid of any bidder that IELD considers to be not responsive or otherwise unqualified based on the criteria set forth herein.

20. Comparison of Bids

Bids will be compared based the LUMP SUM PRICE on the Bid Form.

In the event that there is a discrepancy between the words and figures stated on the Bid Form, the prices written in words will govern.

21. Award of Contract

The Contract will be awarded to “the lowest responsible and eligible bidder” pursuant to M.G.L. c. 30, § 39M. Such a bidder shall possess the skill, ability and integrity necessary for the faithful performance of the work, shall be able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed, in the work, and shall otherwise comply with all applicable provisions of law.

Bidders may be asked to validate qualifications to fulfill the bid requirements specified by submitting detailed evidence such as financial data, previous experience, present commitments and other such data as applicable.

Clarity and completeness of bid along with results of reference and credit checks will be taken into consideration in determination of responsible and eligible bidders.

The term “lowest responsible and eligible bidder” is defined under M.G.L. c. 30, § 39M as follows:

“The bidder:

Responses to, and results of reference checks or submitted information, and information obtained from other sources can be used to determine bidder responsibility and may be cause for rejection of any bid.

See paragraph 20 (Comparison of Bids) for a description of how the low bid will be determined.

If two or more responsible and eligible bidders have submitted the same bid price, there will be a ‘second heat’ of bidding between the tied bidders. The tied vendors will be contacted and advised that their bid prices were tied and invited to submit a second sealed bid for the same contract by a specified date and time.

22. Grounds for Disqualification

The following, without limitation, are some of the causes that may be considered as sufficient for the disqualification of a bidder and the rejection of their bid:

23. Statutes Regulating Competitive Bidding

M.G.L. c. 30, § 39M governs this bid process. Bidders shall be responsible for familiarizing themselves with all statutory requirements and any rules and interpretations established by the courts and/or the Attorney General Office’s Bid Unit thereunder. Any bid which does not comply M.G.L. c. 30, § 39M shall be rejected. Pricing, terms and conditions, and other material aspects of the IFB are not negotiable or waivable or subject to discussion with individual bidders. Exceptions may not be taken in the bid submission and only may be entertained through the request for clarification/modification process prior to the deadline. By law, IELD only has the authority to waive minor informalities in the submitted bids, which IELD may exercise in its discretion. M.G.L. c. 30, § 39M is a competitive bid process, not a proposal process. Accordingly, bidders shall not furnish any information that has not been requested. The submission of extraneous information and materials may be grounds for rejection.

24. Contractor Records

The successful bidder shall comply with the provisions of M.G.L. c. 30, § 39R concerning contractor records.

25. Insurance

The successful bidder shall carry, and continuously maintain through the completion of the contract, insurance as specified in Section G, Insurance Requirements, and in such form as shall protect the Contractor and IELD and its employees, agents and officials, from all claims and liability for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under the Contract Documents. The successful bidder covenants and agrees to hold IELD and its employees, agents and officials harmless from loss or damage due to claims for personal injury and/or property damage arising from, or in connection with operations under the contract.

B-10

SECTION C

BID FORM

Bid of __________________________________ (hereinafter called “Bidder”)*

(____) a corporation, organized and existing under the laws of the state of ____________________

(____) a partnership

(____) a joint venture

(____) an individual doing business as _____________________________________

To Ipswich Electric Light Department (“IELD” or “Owner”):

The Bidder, in compliance with the Invitation for Bids (or “IFB”) for the “HIGH STREET GREEN INFRASTRUCTURE PROJECT”, IFB August 26, 2026, having examined the specifications, terms and conditions, and all related documents, and being familiar with nature, locations and conditions of the work, including the availability of materials and labor, hereby proposes to furnish all labor, materials, vehicles, equipment and supplies as set forth in the specifications, and to perform the work in accordance with the Contract Documents at the prices stated below. The prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this bid is a part.

*Insert corporation, partnership or individual as applicable.

I. BIDDER REPRESENTATIONS

In submitting this bid, the Bidder represents that:

1. Bidder has examined copies of all the Contract Documents as defined in the IFB, including the following Addenda (Acknowledge receipt by entering Addendum number and date below.)

2. Bidder is familiar with the nature and extent of the Contract Documents and the work, associated documents, goods, special services, and all local conditions, laws, and regulations that may affect cost, progress, or furnishing of the goods or services.

II.CONTRACT PRICE:

A. The Bidder agrees to furnish all work as set forth in the Specifications, Section D, at the following Lump Sum Price:

For bid comparison purposes, the lowest eligible and responsible bidder will be determined based on the Lump Sum Price” above.

B. The Bidder agrees to furnish out-of-scope work and any other additional or revised work agreed-upon and required by a properly executed change order at the following Unit Prices. Unit Prices shall include all overhead, profit, and other costs, and will be used for the basis of change orders.

III. BIDDER QUALIFICATIONS

The completed Bidder Qualification Form (Appendix A) and copies of resumes, work experiences, licenses and other requested information are submitted with the Bid Form. The Bidder represents and warrants that all information is true and accurate to the best of its knowledge.

IV. BIDDER ACKNOWLEDGMENTS AND CERTIFICATIONS

The Bidder understands that all bids for work are subject to the applicable bidding laws of the Commonwealth of Massachusetts, including M.G.L. c. 30, § 39M.

The Bidder understands that IELD reserves the right to reject any or all bids and to waive minor informalities in the bidding in accordance with applicable law.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

Within 10 days of receipt of the written notice of acceptance of this bid, the Bidder will execute the formal Agreement set forth in Section E, AGREEMENT.

The selected Contractor shall furnish a payment bond in an amount at least equal to fifty percent (50%) of the total contract price, Section II above.

The selected Contractor shall furnish a Certificate of Insurance in accordance with Section G – Insurance Requirements.

A bid deposit is attached in the sum of five percent (5%) of the total bid (Section II above) in accordance with the conditions of Section B, INSTRUCTIONS TO BIDDERS. The bid security may become the property of IELD in the event the Agreement and bond are not executed within the time set forth above.

The undersigned offers the information in the Bidder Qualification Form as evidence of its qualifications to perform the work in accordance with the Contract Documents.

Pursuant to M.G.L. c. 62C, § 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all State Taxes Required under law.

The undersigned hereby certifies that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work.

The undersigned hereby certifies that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (“OSHA”) of at least 10 hours in duration at the time the employee begins work. The Contractor will furnish documentation of successful completion of said course with the first certified payroll report for each employee.

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. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

Respectfully submitted:

(Name of Bidder)

(SEAL - if bid is by a corporation)

(Title)

(Business Address)

(City and State)

(Telephone Number)

(Attach Certificate of Vote, Appendix B, if applicable.)

APPENDIX A

BIDDER QUALIFICATION FORM

BIDDER NAME

Bidder has had experience in similar projects or services as defined in the IFB as a Prime contractor for years and / or as a Subcontractor for years.

PREVIOUS PROJECTS

PRIME CONTRACTOR

Following is a partial list of the projects that the Bidder’s organization, and suppliers have completed that are similar in scope and magnitude to this IFB. Use additional sheets as necessary to include all pertinent information.

OWNER OR CLIENT

(Must Include Contact Name and Phone No.)

(include number and type of meters}

PREVIOUS PROJECTS

SUBCONTRACTOR(S)

Following is a partial list of the projects that the subcontractor’s organization, and suppliers have completed that are similar in scope and magnitude to this IFB. Use additional sheets as necessary to include all pertinent information.

OWNER OR CLIENT

(Must Include Contact Name and Phone No.)

(include number and type of meters}

PROJECT RESOURCES

The following personnel are currently employed by the bidder (prime contractor) and/or subcontractor and available for assignment on the project. Note: The Prime Contractor’s and Subcontractor’s Project Manager for this project must be included. Workers must meet the minimum requirements set forth in Section D before commencing the work. If the minimum requirements will not be met at the time of submission of the bid, please explain when such requirement(s) will be met.

ATTACH RESUMES AND HISTORY OF EXPERIENCE TO THIS FORM.

CREDIT REFERENCES

Provide a list of at least three (3) credit references, including contact name, telephone number. References shall include key suppliers, vendors, and banks

PHONE AND FAX NUMBER

SAFETY RECORD

Following is a list of Safety Citations issued to the bidder within the last 3 years. (Attach additional sheets as necessary.)

By signing this statement, the bidder represents and warrants under the pains and penalties of perjury that all information is true and accurate to the best of its knowledge and belief.

Dated at this day of , 2026

(Name of Bidder)

(Legal address of Bidder)

By:

Title:

State of: , County of:

of:

(provide name of company or corporation and legal address)

APPENDIX B

CERTIFICATE OF VOTE

(to be filed if Contractor is a Corporation)

I, _______________________________, hereby certify that I am (Secretary of the Corporation) the duly qualified and acting Secretary of ______________________ (Name of Corporation) and I further certify that a meeting of the Directors of said Company, duly called and held on _______________________, at which (Date of Meeting) all Directors were present and voting, the following vote was unanimously passed:

VOTED: To authorize and empower

Anyone acting singly, to execute Forms of Bid, Contracts or Bonds on behalf of the Corporation.

I further certify that the above vote is still in effect and has not been changed or modified in any respect.

By:________________________________ (Secretary of Corporation)

A True Copy:

Attest:_________________________________ (Notary Public)

My Commission Expires:__________________ (Date)

SECTION D

SPECIFICATIONS

SECTION E

AGREEMENT

THIS AGREEMENT, made this __day of ________________, 2026, by and between the party of the first part, Ipswich Electric Light Department hereinafter called "OWNER," acting herein through its General Manager, and the party of the second part, _______________________________________________ doing business as *(an individual) (a partnership) (a joint venture) (a corporation) located in the *(City) (Town) of _______________, County of _______________________, and State of __________________________, hereinafter called "CONTRACTOR."

WHEREAS, Pursuant to M.G.L. c. 30, § 39M, Owner issued an Invitation for Bids (“IFB”) for its “HIGH STREET GREEN INFRASTRUCTURE PROJECT”, IFB August 26, 2026, as set forth in the Contract Documents (“Work”);

WHEREAS, CONTRACTOR submitted a bid to perform the Work in accordance with the IFB August 26, 2026, WHEREAS, OWNER determined that the CONTRACTOR qualifies as the lowest responsible and eligible bidder and voted to award the contract to such CONTRACTOR;

NOW THEREFORE, the parties do hereby mutually covenant and agree as follows:

1. The “Contract Documents” shall mean the entire IFB, including all completed and executed IFB forms and documents, and any written change order and/or modification signed by the parties.

2. The CONTRACTOR hereby agrees to commence the Work under this Contract on the date or timeframe to be specified in written “Notice to Proceed” issued by the Owner (“Commencement Date”). Completion on December 15th, 2026 is expected.

3. The CONTRACTOR shall furnish all Work and perform all obligations in accordance with the terms and conditions, specifications and other requirements set forth in the Contract Documents.

4. The CONTRACTOR shall provide all labor, equipment, and materials necessary to perform the Work at the rates and charges set forth in Section C – Bid Form. The Contractor shall furnish all other materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, bonds, and other accessories and administrative and support services necessary to complete the Work at its expense, except where specifically excluded.

5. IELD shall pay the CONTRACTOR for such Work from current in accordance with the Contract Documents, subject to additions and deductions, as provided in Section H, Terms and Conditions.

6. The CONTRACTOR agrees not to discriminate against or exclude any person from participation herein on grounds of race, religion, color, sex, age or national origin.

7. The CONTRACTOR agrees not to participate in or cooperate with an international boycott, as defined in Section 999 (b)(3) and (4) of the Internal Revenue Code of 1954, as amended, or engage in conduct declared to be unlawful by Section 2 of Chapter 151E of the Massachusetts General Laws.

8. For purposes of this Agreement, the Warranty Period for the services shall be one (1) year from the date of completion of the project. For reperformance of non-conforming or defective work, the Warranty Period shall continue for the greater of the remaining term of the Warranty Period or 90 days/months beginning on the day reperformance of the defect is completed. (See General Terms and Conditions, Section H).

IN WITNESS WHEREOF, the parties to these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

Ipswich Electric Light Department (Owner)

By_______________________________________

(Name)

(Title)

(Contractor)

By_______________________________________

(Name)

(Title)

(Address)

SECTION F

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________

________________________________ a _____________________________ (Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and ______________________________ (Surety) of _______________, State of ________________________ hereinafter (City and State) called the "Surety" and licensed by the State Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Ipswich Electric Light Department, hereinafter called “Owner” or “IELD”, in the penal sum of ________________ _________________________________________________________________

_________________________________________________________ Dollars

($___________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with IELD, dated the ______________ day of ___________________, 20___, a copy of which is hereto attached and made a part hereof for the construction described as follows:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between IELD and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the _________ day of _____________________, 20___.

ATTEST:

Principal

______________________________ By______________________________ (Principal Secretary)

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Principal

(Address-Zip Code)

ATTEST:

Surety ______________________________ By______________________________ (Attorney-in-Fact)

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Surety

(Address-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond.

SECTION G

INSURANCE REQUIREMENTS

Coverages listed are minimum requirements.

Contractor shall provide a certificate of insurance naming the Ipswich Electric Light Department (“IELD”) and the Town of Ipswich (“Town”) as “Additional Insureds” in accordance with all requirements of the bid documents within ten (10) days of receiving notice of the contract award or upon execution of the Agreement. (See further details below.)

Contractor’s liability coverage shall be endorsed naming IELD and the Town as “Additional Insureds” and certifcate(s) for the same shall be indicated on their face by the words: “Ipswich Electric Light Department and the Town of Ipswich are named as Additional Insureds AND by checking off the approprate box on the Acord Form. Such policies shall also be endorsed to contain waivers of insurer’s subrogation rights against IELD by including the following language or similar language on the certificate: “The Contractor waives its right of subrogation against and in favor of IELD and the Town, as Additional Insureds, which may arise by reason of payment of a claim under the policy.” Contractor shall indemnify and hold IELD harmless for failure to effect such waiver(s). Certificates utilizing the ACORD form shall also clearly evidence in the blank “Description of Operations” or “other” block that “Contractual Liability Coverage is included in the General Liability coverage and has not been excluded,” or words that mean or have similar effect.

IELD reserves the right to obtain copies of applicable policies for examination upon request at reasonable times. The required coverage shall be primary to any other coverage available to IELD and shall not be deemed to limit Contractor’s liability under this Agreement. Contactor shall be liable for all deductible amounts from such insurance and shall hold IELD harmless therefrom. Insurance shal not be cancelled, terminated, reduced or materially changed without at least thirty (30) days prior written notice to IELD. Such notices shall be provided as specified in the Agreement. Failure of Contractor or any of its subcontractors or assigns or any other party for which it is legally responsible, to maintain required coverage shall not relieve any of them of any responsibility, obligation or liability arising out of the Agreement.

Coverage shall remain effective for a period of one (1) years after termination of the Agreement for any reason.

Nothing contained in this provisions is to be construed as limiting the extent of Contractor’s obligations to indemnify and hold IELD harmless as set forth in the Contract Documents.

The Contractor shall provide annually a Certificate of Insurance as evidence of such insurance. It is further agreed that the Contractor shall provide IELD a thirty (30) day written notice of cancellation and/or non-renewal. It is also agreed that either the Contractor or IELD may invoke the tail option on behalf of the other party and that any extended reporting period (ERP) shall be paid by the Contractor.

The Contractor shall not cause any insurance policy to be canceled, permit any policy to lapse or reduce the amount of such insurance during the period of the contract. All insurance policies shall include a provision to the effect that the insurance policy shall not be subject to cancellation, lapse, or to a reduction in the amount of insurance until written notice has been delivered to IELD by the insuring company stating the date that such cancellation, lapse or reduction shall be effective, which date shall be not less than thirty (30) days after the delivery of such notice.

Within ten (10) days after notification of the contract award, the Contractor shall file with IELD certificates from its insurance companies certifying to the coverage of all insurance required herein and if asked by IELD, the Contractor shall furnish copies of all insurance policies and/or applicable endorsements.

All certificates of insurance shall be authenticated by the proper officer of the insured and shall certify the names of those insured, the type and amount of the insurance, the location and operations to which the insurance applies, the expiration date, and that the insuring company will give written notice to IELD of at least thirty (30) days prior to the effective date of any cancellation, lapse, or reduction in limits.

Property damage: The Contractor shall purchase and maintain commercial general liability insurance covering damages to property suffered or alleged to have been suffered by any person or persons by reason of or in the course of operations under the contract, whether occurring by reason of acts or omissions of the Contractor or any subcontractor or anyone directly or indirectly employed by them.

Insurance period: Insurance shall be maintained in effect until final acceptance by IELD of the completed contract.

Partial payment: The making of partial payments to the Contractor shall not create an insurable interest by or for IELD or relieve the Contractor or subcontractors of responsibility for any casualty occurring prior to final acceptance of said contract and specifications.