Town of Harwich – Water & Wastewater Department | IFB – Water Works Materials

Town of Harwich Water & Wastewater Department

INVITATION FOR BIDS

WATER WORKS MATERIALS

Bid Number IFB-WWM-2026-01 Bid Opening September 18, 2026 at 10:00 a.m. prevailing time Bid Opening Location Harwich Water & Wastewater Department, 196 Chatham Road, Harwich, MA Contract Term Bid Award Date through August 31, 2027, with up to two one-year renewal terms Estimated Annual Expenditure Approximately $100,000 annually, on an as-needed basis

BID PACKAGE CONTENTS

Document Description Invitation for Bids General procurement requirements and instructions Attachment A Water Works Materials Bid Form and Specifications – to be completed and returned with the bid Attachment B Agreement – Town’s standard form of agreement Attachment C Bidder Reference Form Attachment D Required Forms and Certifications

1. Invitation Sealed bids for furnishing and delivery of Water Works Materials will be received by the Town of Harwich, acting through its Water & Wastewater Department (the “Town”), at 196 Chatham Road, Harwich, Massachusetts 02645, until 10:00 a.m. prevailing time on September 18, 2026, at which time the bids will be publicly opened and read aloud. Bids shall be submitted in accordance with this Invitation for Bids (IFB), Attachment A, the Agreement, required forms, and all addenda.

Sealed bids shall be submitted in an envelope clearly marked “Bid for Water Works Materials” and addressed to Harwich Water & Wastewater Department, 196 Chatham Road, Harwich, MA 02645.

2. Procurement Purpose The purpose of this procurement is to establish contract pricing and obtain a reliable source or sources for furnishing and delivering water works materials required by the Town’s Water & Wastewater Department. The successful bidder(s) must be capable of furnishing materials by meeting the specifications and delivery requirements in a timely manner.

3. Bid Form and Water Works Materials Specifications The detailed Water Works Materials Bid Form and Specifications are provided as Attachment A to this Invitation for Bids. Attachment A identifies the materials, specifications, applicable sections, estimated quantities, and pricing requirements for this procurement.

Bidders shall complete all applicable portions of Attachment A and submit the completed Attachment A with their bid. Unit prices shall be provided for each item for which the bidder is submitting a price.

Attachment A consists of multiple landscape-format pages and is incorporated into and made part of this Invitation for Bids and any resulting contract. The materials and specifications contained in Attachment A shall govern the products to be furnished under the resulting contract.

4. Separate Awardable Sections / Multiple Vendors The procurement consists of two separately awardable sections, as identified in Attachment A – Water Works Materials Bid Form and Specifications. The Town may award each section independently.

A bidder may be awarded one section, both sections, or no section. The Town is not required to award the entire procurement to a single bidder and may enter into contracts with multiple vendors when permitted by the bid documents and applicable law.

5. Estimated Expenditures and Quantities The estimated annual expenditure for this procurement is approximately $100,000. Materials will be purchased by the Town on an as-needed basis throughout the contract term and are subject to available appropriations.

Any quantities identified in Attachment A are estimates provided for bid evaluation and planning purposes only. The Town does not guarantee any minimum quantity, volume, or dollar amount of purchases during the contract term.

The Town reserves the right to purchase only those materials and quantities it determines are necessary to meet the operational needs of the Water & Wastewater Department, in accordance with the awarded unit prices, the Agreement, applicable purchase orders, available appropriations, and applicable procurement requirements.

6. Contract Term and Renewals The initial contract term shall be one year, commencing from bid award date and ending August 31, 2027, unless otherwise provided in the Agreement. The Town may renew the contract for up to two additional one-year terms, subject to mutual agreement, satisfactory vendor performance, availability of appropriations, required approvals, and applicable law.

7. Bid Documents The complete bid package consists of this IFB and the following attachments: Attachment A – Water Works Materials Bid Form and Specifications; Attachment B – Agreement; Attachment C – Bidder Reference Form; Attachment D – Required Forms and Certifications; and any addenda issued by the Town.

Attachment A must be completed and returned with the bid. Attachment B is the Town’s standard form of agreement and will be executed by the successful bidder(s).

8. Bid Submission Requirements Each bidder shall submit a complete bid in the form and manner required by the bid documents. The submission shall include: (a) completed and signed Attachment A, including unit pricing; (b) Attachment C – Bidder Reference Form; (c) Attachment D – Required Forms and Certifications, including the Non- Collusion Form, Tax Compliance Form, Bidder Form, and any other required certifications; (d) all required signatures and acknowledgments; and (e) any other information expressly required by the bid documents or addenda.

The bidder shall submit one original signed bid for Town use, unless the official posting specifies an alternative submission method or number of copies. All bids become the property of the Town.

9. Bid Pricing All pricing shall be entered on Attachment A. Prices shall be stated in U.S. dollars and, unless otherwise stated, shall include all costs necessary to furnish the materials in accordance with the bid documents, including applicable delivery costs. The Town will evaluate bids using the methodology stated in Attachment A.

10. Award of Contract This procurement is conducted pursuant to M.G.L. c. 30B, as applicable, and applicable Town of Harwich procurement requirements. The Town anticipates awarding each of the two sections identified in Attachment A separately to the responsive and responsible bidder offering the lowest evaluated price for that section and meeting all applicable specifications and requirements.

A bidder may be awarded one section, both sections, or no section. The Town may determine that multiple contracts are appropriate when consistent with the bid documents and applicable law.

The Town reserves the right to reject any or all bids, to waive minor informalities where legally permissible, and to make awards in the best interest of the Town consistent with the stated evaluation and award criteria.

11. Bidder Responsibility and References Each bidder must demonstrate that it is responsible and capable of performing the contract. The Town may consider the bidder’s experience, capacity, references, financial ability, compliance history, and ability to meet material and delivery requirements, consistent with applicable law.

Each bidder shall provide references for contracts performed within the past two years that are similar in size and scope to this procurement. References shall be provided using Attachment C – Bidder Reference Form. Additional reference sheets may be attached if necessary.

12. Delivery, Acceptance, and Inspection Materials shall be delivered to locations designated by the Town and coordinated with the Water & Wastewater Department. The Town reserves the right to inspect materials upon delivery and reject materials that do not conform to the specifications, approved product information, purchase order, or contract requirements.

13. Product Substitutions and Equivalents Where the bid documents permit an equivalent product, the bidder shall provide sufficient information for the Town to determine compliance. No substitution shall be made after award when prior written approval is required by the specifications or Agreement.

14. Contract Documents and Agreement Attachment B – Agreement is the Town’s standard form of agreement and shall be executed by the successful bidder(s). The Agreement is incorporated into the procurement and resulting contract.

The Agreement shall retain its existing Article numbering and designation. The Articles of the Agreement are independent of the numerical section numbering used in this IFB and are not intended to correspond to the IFB sections.

The resulting contract shall include the applicable Agreement, this IFB, Attachment A, applicable portions of Attachment C and Attachment D, addenda, and other documents expressly incorporated into the procurement. If the Agreement contains provisions governing conflicts among contract documents, those provisions shall control.

15. Payment Upon receipt of a proper invoice for materials delivered and accepted in accordance with the contract, the Town will process payment in accordance with applicable law and Town procedures. The intended payment term is thirty (30) days after receipt of a proper invoice and satisfactory delivery, subject to applicable law and contract requirements.

16. Questions and Written Clarifications Written questions concerning this IFB shall be submitted by email to jason.trepanier@harwich-ma.gov no later than September 16, 2026, at 3:00 p.m. Questions received after the deadline may not be answered.

Responses that modify, clarify, or supplement the bid requirements will be issued by written addendum.

Bidders are responsible for monitoring the designated procurement posting system and incorporating all addenda into their bids. Oral statements or representations shall not modify the bid documents.

17. Bidders Conference No bidders conference is currently scheduled.

18. Addenda Any addendum issued by the Town prior to the bid opening shall become part of the bid documents. Each bidder shall acknowledge receipt of all addenda in the manner specified in the bid documents.

19. Reservation of Rights The Town reserves all rights permitted by applicable law, including the right to reject any or all bids, cancel or postpone the procurement, issue addenda, clarify requirements, waive minor informalities where legally permissible, and make awards by section or category in accordance with the published procurement requirements.

20. Bidder Acknowledgment By submitting a bid, the bidder acknowledges that it has reviewed the complete bid package, including Attachment A, Attachment B – Agreement, required forms, and addenda; understands the requirements;

has had an opportunity to submit written questions; and agrees to be bound by the terms of its bid and the resulting contract if selected.

TOWN OF HARWICH

WATER & WASTEWATER DEPARTMENT

196 Chatham Road Harwich, Massachusetts 02645

508-432-0304

BIDDER INFORMATION AND SIGNATURE

Legal Name of Bidder Business Address City / State / ZIP Contact Person Telephone Email Federal Tax ID Authorized Signatory / Title

The undersigned certifies that the bidder has read and understands the Invitation for Bids and all bid documents, including Attachment A and Attachment B – Agreement; that the bidder is authorized to submit this bid; that the bid is submitted without collusion or other prohibited conduct; and that the information provided is true and complete.

Signature Printed Name Title Date

ATTACHMENT A – WATER WORKS MATERIALS BID FORM & SPECIFICATIONS

SECTION 1, PAGE 1

SECTION 1, PAGE 2

SECTION 1, PAGE 3

SECTION 2, PAGE 1

SECTION 2, PAGE 2

ATTACHMENT B - AGREEMENT

The following provisions shall constitute an Agreement between the Town of Harwich, acting by and through its Board of Water and Wastewater Commissioners, hereinafter referred to as "Town," and ___________________________, with an address of ________________________________, hereinafter referred to as "Contractor", effective as of the ____ day of ________________, 2026. In consideration of the mutual covenants contained herein, the parties agree as follows:

ARTICLE 1: SCOPE OF WORK

The Contractor shall perform all work and furnish all services necessary to provide the Town with Water Works Materials, including the scope of services set forth in Attachment A.

ARTICLE 2: TIME OF PERFORMANCE

The Contractor shall provide supplies in a timely manner.

ARTICLE 3: COMPENSATION

The Town shall pay the Contractor for the supplies and delivery ordered and received, which will be due 30 days following receipt by the Town.

ARTICLE 4: CONTRACT DOCUMENTS

The following documents form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein:

1. This Agreement.

2. Amendments, or other changes mutually agreed upon between the parties.

3. All attachments to the Agreement.

In the event of conflicting provisions, those provisions most favorable to the Town shall govern.

ARTICLE 5: CONTRACT TERMINATION

The Town may suspend or terminate this Agreement by providing the Contractor with ten (10) days written notice for the reasons outlined as follows:

1. Failure of the Contractor, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement.

2. Violation of any of the provisions of this Agreement by the Contractor.

3. A determination by the Town that the Contractor has engaged in fraud, waste, mismanagement, misuse of funds, or criminal activity with any funds provided by this Agreement.

Either party may terminate this Agreement at any time for convenience by providing the other party written notice specifying therein the termination date which shall be no sooner than thirty (30) days from the issuance of said notice. Upon receipt of a notice of termination from the Town, the Contractor shall cease to incur additional expenses in connection with the Agreement. Upon such termination, the Contractor shall be entitled to compensation for all satisfactory work completed prior to the termination date as determined by the Town. Such payment shall not exceed the fair value of the services provided hereunder.

ARTICLE 6: INDEMNIFICATION

The Contractor shall defend, indemnify and hold harmless the Town and its officers, agents, and all employees from and against claims arising directly or indirectly from the contract. Contractor shall be solely responsible for all local taxes or contributions imposed or required under the Social Security, Workers' Compensation, and income tax laws. Further, the Contractor shall defend, indemnify and hold harmless the Town with respect to any damages, expenses, or claims arising from or in connection with any of the work performed or to be performed under this Agreement. This shall not be construed as a limitation of the Contractor's liability under the Agreement or as otherwise provided by law.

ARTICLE 7: AVAILABILITY OF FUNDS

The compensation provided by this Agreement is subject to the availability and appropriation of funds.

ARTICLE 8: APPLICABLE LAW

The Contractor agrees to comply with all applicable local, state and federal laws, regulations and orders relating to the completion of this Agreement. This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts.

ARTICLE 9: ASSIGNMENT

The Contractor shall not make any assignment of this Agreement without the prior written approval of the Town.

All amendments or any changes to the provisions specified in this Contract can only occur when mutually agreed upon by the Town and Contractor. Further, such amendments or changes shall be in writing and signed by officials with authority to bind the Town. No amendment or change to the contract provisions shall be made until after the written execution of the amendment or change to the Contract by both parties.

ARTICLE 11: INDEPENDENT CONTRACTOR

The Contractor acknowledges and agrees that it is acting as an independent contractor for all work and services rendered pursuant to this Agreement and shall not be considered an employee or agent of the Town for any purpose.

ARTICLE 12: INSURANCE

The Contractor shall be responsible to the Town or any third party for any property damage or bodily injury caused by it, any of its subcontractors, employees or agents in the performance of, or as a result of, the work under this Agreement. The Contractor and any subcontractors used hereby certify that they are insured for workers’ compensation, property damage, personal and product liability. The Contractor and any subcontractor it uses shall purchase, furnish copies of, and maintain in full force and effect insurance policies in the amounts here indicated.

1. General Liability of at least $1,000,000 Occurrence/$3,000,000 General Aggregate. The Municipality should be named as an "Additional Insured". Products and Completed Operations should be maintained for up to 3 years after the completion of the project.

2. Automobile Liability (applicable for any contractor who has an automobile operating exposure) of at least $1,000,000 Bodily Injury and Property Damage per accident. The Municipality should be named as an "Additional Insured".

3. Workers’ Compensation Insurance as required by law. Include Employers Liability Part B with a limit of $1,000,000

4. Builders’ Risk Property Coverage for the full insurable value. It should include “All Risk” insurance for physical loss or damage including theft.

5. Property Coverage for materials and services being transported by the contractor, as the Town’s Property Contract provides coverage for personal property within 1000 feet of the premises.

6. Umbrella Liability of at least $2,000,000/ occurrence, $2,000,000/aggregate. The Municipality should be named as an Additional Insured.

7. Professional Architects and Engineers Liability (applicable for any architects or engineers involved in the project) of at least $1,000,000/occurrence, $3,000,000 aggregate.

Prior to commencement of any work under this Agreement, the Contractor shall provide the Town with Certificates of Insurance which include the Town as an additional named insured, and which include a thirty-day notice of cancellation to the Town.

ARTICLE 13: SEVERABILITY

If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced.

ARTICLE 14: ENTIRE AGREEMENT

This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto.

ARTICLE 15: COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be a counterpart original.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.

CONTRACTOR

By____________________________________

Printed Name and Title Date

TOWN-Approved as to Availability of Funds:

Finance Director Date

Contract Sum: $__________ Vendor: _________ Org/Obj/Project: _____________ PO: __________

TOWN OF HARWICH

By its Board of Water & Wastewater Commissioners

Dated: _________________

ATTACHMENT C - BIDDER REFERENCE FORM

BIDDER REFERENCE FORM

Bidder: Bid Title:

BIDDER MUST PROVIDE REFERENCES FOR: Any contracts performed within the past two (2) years of similar size and scope as this bid.

Reference

Contact:

Address:

Phone:

Fax:

Email:

Description and dates of supplies provided:

Phone:

Fax:

Phone:

Fax:

Attach additional sheets if necessary.

ATTACHMENT D – REQUIRED FORMS / CERTIFICATIONS

CERTIFICATION AS TO PAYMENT OF STATE TAXES

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, ______________________, authorized signatory for the Contractor do hereby certify under the pains and penalties of perjury that said Contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Social Security Number or Federal ID Number

Signature of Individual or Corporate Name

By:

Corporate Officer (if applicable)

NON-COLLUSION

The undersigned certifies under the penalties of perjury that this bid in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

CONTRACTOR

By:

Printed Name and Title