835572testHtown.pdf

BID NO. B1885.27

DATE ISSUED: July 29, 2026

WHOLE EFFLUENT TOXICITY (WET) TESTING & TOXIC CHEMICAL

TESTING (TCT)

INVITATION TO BID

BY

CITY OF HAGERSTOWN

FINANCE DEPARTMENT

1 EAST FRANKLIN STREET, 4TH FLOOR

HAGERSTOWN MD 21740

BID SUBMISSION DEADLINE: No later than 2:00 p.m. Tuesday, August 25, 2026

SUBMIT BIDS TO THE CITY OF HAGERSTOWN’S DROPBOX VIA THE FOLLOWING LINK:

https://www.dropbox.com/request/om43zs6xskm3py3oebve

PRE-BID MEETING REQUIRED: None

BID BOND REQUIRED: None

Table of Contents

Section Page

Request for Proposal 3

General Conditions and Instructions to Bidders 4

Insurance Requirements 15

Supplemental General Conditions 17

Scope of Work 18

Bid Submittal Forms 22

City of Hagerstown NPDES Permit 29

July 29, 2026

BID NO. B1885.27

Whole Effluent Toxicity (WET) Testing & Toxic Chemical Testing (TCT)

The City of Hagerstown Water Division is seeking competitive bids from qualified laboratories for

Whole Effluent Toxicity Testing (WETT) and Toxic Chemical Testing (TCT) as required by our NPDES permit.

All inquiries should be directed, in writing to Tyler French (Procurement Administrator) at tfrench@hagerstownmd.org. Specifications and instructions can be found via electronic format on the City of

Hagerstown’s website at http://www.hagerstownmd.org/bids.aspx. Prospective vendors are responsible for making copies as required to satisfy their needs. The City is the sole entity authorized to provide this Invitation to Bid (“ITB”) package to interested companies or individuals. Firms who are working with an ITB package from another source may have an incomplete set of documents. The City assumes no responsibility for any error, omission, or misinterpretation resulting from a company’s use of an incomplete ITB package.

Addendums will be posted to the City’s website. Check the webpage for the particular proposal solicitation for any posted addendum(s).

Proposals will be received via the City of Hagerstown’s Dropbox using the following link:

https://www.dropbox.com/request/om43zs6xskm3py3oebve by no later than Tuesday, August 25, 2026, at

2:00 PM. All proposals must be named “B1885.27 (Name of Firm) – WETT and TCT.” The City of

Hagerstown will not assume responsibility for any proposals that are submitted late or incorrectly.

The City of Hagerstown shall make positive efforts to utilize Disadvantaged Business Enterprises for its supplies and service and shall allow these sources the maximum feasible opportunity to compete for contracts. The City of Hagerstown does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or provision of service.

The City of Hagerstown reserves the right to accept proposals individually or collectively, to accept or reject any or all proposals, waive any informalities, and take whatever action is to the best interest of the City of Hagerstown.

Tyler French

Procurement Administrator

CITY OF HAGERSTOWN

file://///fs1/sdata/shared/ACCTG/DEPT/Procurement%20Administration/Bids%20and%20Proposals/2022/P1737.22%20Branding%20Initiative/tfrench@hagerstownmd.org http://www.hagerstownmd.org/bids.aspx

CITY OF HAGERSTOWN

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

Supply and Service Contracts

INTRODUCTION

The general rules and conditions which follow, along with all other documents consisting of this “Bid

Document,” apply to all purchases and become a definite part of each formal invitation to bid, purchase order, contract, or other award issued by the City of Hagerstown’s Finance Department, unless otherwise specified.

Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids; failure to do so will be at the Bidder’s own risk and they cannot secure relief on the plea of error. Bidders are advised that all costs related to preparing and/or submitting a Bid or Proposal shall be borne by the Bidder.

Satisfactory evidence of authority to bind the firm by the person signing the Bid when submitted by partnerships or corporations may be requested by the City prior to making any award. Anyone signing a Bid as an agent shall include evidence of his/her authority to do so.

Subject to Maryland State and City of Hagerstown, Washington County, Maryland (hereinafter “City”) laws and all rules, regulations and limitations imposed by legislation of the Federal Government, bids on all advertisements and invitations issued by the City of Hagerstown Procurement Administrator shall bind bidders to applicable conditions and requirements set forth herein unless otherwise specified in the Invitation to Bid.

Should there be a conflict in laws between states, State of Maryland law shall prevail.

Should there be a conflict between the general bid conditions and the supplemental bid conditions (if any), the supplemental bid conditions shall prevail.

GENERAL CONDITIONS OF BIDDING

1. Bids Binding for Ninety (90) Days: Unless otherwise specified all formal bids submitted shall be binding for ninety (90) calendar days following bid opening date, unless the bidder, upon request of the Procurement Administrator, agrees to an extension.

2. Bids for All or Part: Unless otherwise specified by the City or by the Bidder, the City reserves the right to make award on all items, or on any of the items according to the best interests of the City.

Bidder may restrict his/her bid to consideration in the aggregate by so stating but should name a unit price on each item bid upon; any bid in which the bidder names a total price for all the articles without quoting a price on each and every separate item, may be rejected at the option of the City.

GENERAL CONDITIONS OF BIDDING, continued

3. Catalogs: Each Bidder shall submit where necessary or when requested by the Procurement

Administrator, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, finishes and the like necessary to fully describe the materials or work they propose to furnish.

4. Collusive Bidding: The Bidder certifies that his/her bid is made without any previous understanding, agreement or connection with any person firm, or corporation making a bid for the same project, without unlawful prior knowledge of competitive prices, and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

5. Competency of Bidder: No proposal shall be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to City of Hagerstown upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said City, or had failed to perform faithfully any previous contract with the City. The Bidder, if requested, must present within forty-eight (48) hours evidence satisfactory to the Procurement Administrator of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and contract documents.

The successful Bidder shall actively cooperate in all matters pertaining to the proper compliance of this contract and shall come to the office of the Procurement Administrator whenever requested in connection with the performance of this contract.

The successful Bidder shall inform the Procurement Administrator of any and all circumstances which may impede the progress of the work or inhibit the performance of the contract including, but not limited to: bankruptcy, dissolution or liquidation, merger, sale of business, assignment, etc.

The City may examine the Bidder’s and any first-time subcontractor’s records to determine and verify compliance with the contract. The Bidder and any first-time subcontractor must grant the City access to these records at all reasonable times during the contract term and for three (3) years after final payment. If the contract is supported to any extent by Federal or State funds, the appropriate Federal or State authorities may also examine these records. The Bidder must include the preceding language of this paragraph in all first-time subcontracts.

6. Completeness: All information required by Invitation to Bid must be supplied to constitute a proper bid. The City shall not be responsible for the premature opening of Bids if not properly addressed or identified.

7. Conditional Bids: Qualified bids are subject to rejection in whole or in part.

8. Confidentiality: Firms shall give specific attention to the identification of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the City under the Access to

Public Records Act, State Government Article, Title 10, Sections 10-611 to 10-628, Annotated Code of Maryland.

9. Errors in Bids: When an error is made in extending total prices, the written unit bid price shall govern.

In the absence of written prices, the unit bid price shall govern. Carelessness in quoting prices, or in preparation of bid, otherwise, will not relieve the Bidder. Erasures or changes in bids must be initialed.

10. General Guaranty: Bidder agrees to:

a. Save the City, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented, invention, article or appliance furnished or used in the performance of the contract which the

Bidder is not the patentee, assignee, licensee or owner.

b. Protect the City against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery.

c. Furnish adequate protection against damage to all work and to repair damages of any kind, to the building or equipment, to their own work or to the work of other contractors, for which their worker is responsible due to the negligence in the course and scope of the employment.

d. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the City and State of Maryland.

11. Insurance: Liability insurance on all major divisions of coverage for each and every Bidder and subcontractor shall be required for the length of the contract. Bidder and subcontractor must supply evidence of insurance upon request. Each Bidder agrees to assist in every manner possible in the reporting and investigation of any accident, and upon request, agrees to cooperate with all interested insurance carriers in the handling of any claims by securing and giving evidence and obtaining the attendance of witnesses as required for any claim or suit. The Bidder shall be prepared to show evidence of insurance as required by City included herein, prior to the execution of any contract. The

Bidder shall provide the Certificate of Insurance to the Finance Department. Failure to provide an acceptable Certificate of Insurance within the time frame stated above shall be cause to terminate the contract(s). The certificate shall state that such insurance is in force and cannot be cancelled or released except upon thirty (30) days prior written notice to the City. If any of the stated coverages expire during the term of this contract, the Bidder shall deliver renewal certificates to the City at least ten (10) calendar days prior to the expiration.

12. Interpretations, Discrepancies, Omissions: Should any Bidder find discrepancies in, or omissions from the documents or be in doubt of their meaning, he/she should at once request, in writing, an interpretation from tfrench@hagerstownmd.org. All necessary interpretations will be issued to all

Bidders in the form of addenda to the specifications, and such addenda shall become part of the contract documents. Exceptions as taken in no way obligates the City to change the specifications. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under his/her bid as submitted. The City shall assume no responsibility for oral instructions or suggestions. ORAL ANSWERS WILL NOT BE BINDING ON THE CITY. No requests received after 3:00 PM on Friday, August 14, 2026 will be considered.

13. Landfill Tipping Fees: Not applicable

14. Late Bids: Formal bids or amendments thereto received by the City after the time specified will not be considered.

15. Multiple Bids: No Bidder shall be allowed to offer more than one (1) price on each item even though he/she may feel that there are two (2) or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. If said Bidder should submit more than one (1) price on any item, all prices for that item may be rejected at the discretion of the Procurement Administrator.

16. Officers Not to Benefit: No member of the elected governing body of City of Hagerstown, or members of his or her immediate family, including spouse, parents, or children, or any person representing, or purporting to represent any member or members of the elected governing body shall receive or be promised directly or indirectly, any financial benefit, by way of fee, political contribution, or any other similar form of remuneration and/or on the account of awarding and/or executing the contract and that upon request of the City, as a prerequisite to payment pursuant to the terms of this contract, there will be furnished to the requester, under oath, answers to any interrogatories related to a possible conflict of interest as herein embodied. The Bidder, to the best of his/her knowledge, whether he/she be an officer, director, partner or any of its employees directly involved in obtaining mailto:tfrench@hagerstownmd.org contracts with the State, or any City or other subdivision of the State, has not been convicted of bribery or conspiracy to bribe under the laws of any State or Federal Government. Any contract made or entered into where it is discovered that violation of the intent of this provision exists shall be declared null and void and all monies received by the Bidder shall be returned to the City.

17. Payment Terms: Bid prices are to be net thirty (30) calendar days; all discounts are to be deducted and reflected in net prices. Term discounts of less than twenty (20) calendar days will not be considered, in connection with any prompt payment discount offered, time will be computed from date of receipt of correct invoice or receipt and acceptance of shipment, whichever is later.

18. Proposal Forms: Bids shall be submitted only on the forms provided by the City (unless otherwise specified). All bids must be received via the Dropbox link provided on or before the date and time specified in this bid document. NO bids received after such stipulated time and date will be considered by the City. Facsimile Bids and Emailed Bids will not be accepted.

19. Reservations: The City or its authorized agent reserves the right to reject any or all bids and to waive any informality or deficiency in bids received whenever such rejection or waiver is in the best interest of the City. The City also reserves the right to reject the bid of a Bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or the Bid of a Bidder who investigation shows is not in a position to perform the contract. The City reserves the right to waive minor differences in specifications provided these differences do not violate the specifications intent nor affect the operation for which the items are being purchased, nor increase estimated maintenance and repair cost to the City. The City reserves the right to award contracts or place orders on a lump sum or individual item basis, or such combination as shall, in its judgment, be in the best interest of the

City.

20. Response to Invitation: In the event you cannot submit a bid on our requirements, as set forth in the

“Invitation to Bid”, please return the Bid with an explanation as to why you are unable to bid on these requirements. Because of the large number of firms listed on the City’s lists of Bidders, it is necessary to delete from these lists the names of those persons, firms or corporations who fail to respond after having been invited to bid on a commodity or commodities for three (3) successive bid openings.

21. Substitutions: All equipment is to be supplied in exact accordance with the specifications. Any Bidder who contemplates offering a product that differs from that specified must obtain the City’s written approval prior to bid opening. Substitution requests must be received by the Procurement

Administrator no later than the date/time specified in the Supplemental Terms and Conditions.

Requests received after the specified date/time will not be considered. All such decisions will be considered final and not subject to further recourse.

22. Taxes: The City is exempt from State of Maryland Sales Tax. The City’s Maryland Sales Tax

Exemption Number is 30001292. The Bidder is responsible to make any necessary inquiries and investigations with regulating state agencies to obtain a determination of tax exemptions in his/her bid.

23. Withdrawal of Bids: A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified time of opening.

SPECIFICATIONS REFERENCES

1. Formal Specifications: The Bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever mention is made herein, of any article, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to meet or exceed specification requirements and current established noise levels for specific equipment, materials, and/or service being furnished under this contract. All deviations from the specifications must be noted in detail by the Bidder, in specification deviations at the time of submittal of the bid will hold the Bidder strictly accountable to the City to the specifications as written. Any deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or equipment when delivered.

2. Samples: The Procurement Administrator reserves the right to retain or destroy the samples submitted for the purpose of evaluation and will be free from any redress or claim on the part of the Bidder if any samples are lost or destroyed. Bidders shall make all arrangements for delivery of samples to the place designated, as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the Bidder. Upon notification by the Procurement Administrator that a sample is available for pickup, it shall be removed within thirty (30) calendar days at the Bidder’s expense or the Procurement

Administrator shall dispose of same at his/her discretion. All sample packages shall be marked

“Sample for Procurement Administrator” and each sample shall bear the name of the Bidder, item number, bid number, and shall be carefully tagged or marked in a substantial manner. Failure of the

Bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid.

3. Trade Names/Substitutions: In cases where an item is identified by a manufacturer’s name, trade name, catalog number, or reference it is understood that the Bidder proposes to furnish the item so identified and does not propose to furnish an “equal/substitution” unless submission of an

“equal/substitution” is stated otherwise as permissible. Any Bidder who contemplates offering a product that differs from that specified must obtain the City’s written approval by submission of his/her request no later than the deadline for receipt of substitution requests as stated in the Supplemental

Terms and Conditions. The reference to the above catalog is intended to be descriptive but not restrictive and only to indicate to the prospective Bidder articles that will be satisfactory. Bids on makes and catalogs will be considered, provided each Bidder clearly states on the face of his/her proposal exactly what he/she proposes to furnish, and forwards with his/her bid, a cut, illustration, or other descriptive matter which will clearly indicate the character of the article covered by his/her bid.

The Procurement Administrator hereby reserves the right to approve as an equal, or to reject as not being an equal, any article the Bidder proposes to furnish which contains major or minor variations from specification requirements but may

SPECIFICATIONS REFERENCES, continued comply substantially therewith. If no particular brand, model, or make is specified, and if no data are required to be submitted with the bid, and after award and before manufacture or shipment, the successful Bidder may be required to submit working drawings or detailed descriptive data sufficient to enable the Procurement Administrator to judge if each requirement of the specifications is being complied with.

AWARD

1. Award or Rejection of Bids: For contracts of material and equipment pre-purchase, the contract shall be awarded to the lowest, responsive and responsible Bidder complying with all the provisions of the

Invitation, provided the bid price is reasonable and it is to the best interest of the City to accept it. The total Base Bid for each bid submittal form will be awarded separately. Manufacturers and suppliers can bid on any of the bid forms that they provide materials and equipment meeting the specifications.

There is no requirement to bid on each bid form.

2. Notice of Award: A written award (or Acceptance of Bid) mailed (or otherwise furnished) to the successful Bidder within the time for acceptance as specified herein shall be deemed to result in a binding contract without further action by either party. The bid with respect to all items accepted and all papers accompanying the same, the general conditions and instructions to Bidders, the specifications, and other papers and documents referred to in any of the foregoing shall constitute the formal contract, unless otherwise specified, between the Bidder and the City.

3. Political Contribution Disclosure: In accordance with Maryland Code, State Finance and

Procurement Article, §17-402, the Bidder shall comply with Maryland Code, Election Law Article, Title 14, which requires that every person that enters into contracts, leases, or other agreements with the State, a County, or any incorporated municipality, or their agencies during a calendar year in which the person receives in the aggregate $100,000 or more, shall file with the State Administrative Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filed with the State Administrative Board of Election Laws: (1) before a purchase or execution of a lease or contract by the State, a County, an incorporated municipality or their agencies, and shall cover the preceding two (2) calendar years; and (2) if the contribution is made after the execution of a lease or contract, then twice a year, throughout the contract term, on: (a) February 5, to cover the 6-month period ending January 31; and (b) August 5, to cover the 6-month period ending July 31.

4. “Requirements” Contract Bid Quantities: On “Requirements” bids, acceptance shall bind the City to pay for, at unit bid prices, only quantities ordered and satisfactorily delivered. All stated quantities are estimated requirements and do not constitute a minimum or maximum.

AWARD, continued

5. Responsibility/Qualifications of Bidder: The City may make such investigations as it deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the

City that such Bidder is properly qualified to carry out the obligation of the contract and to complete the work contemplated therein.

Conditional bids will not be accepted. In determining responsibility, the following qualifications, in addition to price, shall be considered by the Procurement Administrator on contracts of purchase and on contracts of sale (if applicable):

a. The ability, capacity and skill of the Bidder to perform the service required.

b. The character, integrity, reputation, judgment, experience and efficiency of the bidder.

c. The quality of performance of previous contracts or service.

d. The Bidder’s previous and present compliance with laws and ordinances relating to the contract or service.

e. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service.

f. The quality, availability and adaptability of the supplies, or service, to the particular use required.

g. The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract.

h. Whether the Bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City.

i. Such other information as may be secured having a bearing on the decision to make the award.

In determining a Bidder’s responsiveness, the Procurement Administrator shall consider material deviations from the advertised specifications which materially affect price, quantity, quality or limit the Bidder’s liability.

6. Specific Bid Quantities: Where quantities are specifically stated, acceptance will bind the City to order quantities specified and to pay for, at contract prices, all such supplies or service delivered that meet specifications and conditions of the contract. However, the City will not be required to accept delivery of any balances unordered, as of the contract expiration date; unless Bidder furnishes the

Procurement Administrator with a statement of unordered balances not later than ten (10) calendar days after the termination date of the contract.

AWARD, continued

7. Tie Bids: If two (2) or more Bidders shall be tied for the lowest bid on a purchase contract, quality and service being equal, the contract shall be awarded to a local Bidder. If there is no local Bidder, or more than one local Bidder, the City shall award the contract to one (1) of the Bidders by drawing lots in public.

CONTRACT PROVISIONS

1. Availability of Funds: A contract shall be deemed executory only to the extent of appropriations available to each City department for the purchase of such articles. The City’s extended obligation on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual appropriations for the succeeding fiscal year.

2. Contract Alterations: No alterations or variables in the terms of a contract shall be valid or binding upon the City unless made in writing and signed by the City or its authorized agent.

3. Default: The contract may be cancelled or annulled by the City in whole or in part by written notice of default to the Bidder upon non-performance or violation of contract terms. An award may be made to the next low Bidder, or, articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting Bidder (or their surety) shall be liable to the City for costs to the City in excess of the defaulted contract prices: Provided, that the Bidder shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the Bidder to deliver materials or service within the time stipulated on his/her bid, unless extended in writing by the Procurement Administrator, shall constitute contract default. In the event that a Bidder exempted from posting a Bid or Performance Guarantee fails to execute and perform any contract awarded to them, they shall forfeit the right to Bid on any future City contract for a period of time determined by the Procurement Administrator and they shall be liable for any costs incurred by the

City as a result of his/her default.

4. Guarantee: All work, supplies, and/or materials and requirements described in the specifications including any modifications thereto which may be made in accordance with the direction and/or approval of the City Procurement Administrator shall be Guaranteed/Warranted for a period of one (1) year from the date of final acceptance by the City as follows, unless indicated otherwise in this contract:

a. Against all faulty or imperfect materials and/or equipment and against all imperfect, careless and/or unskilled workmanship.

b. Against injury or undue deterioration from proper and usual use of the goods and/or service.

c. Removal and replacement with proper materials, equipment, and/or service and re-execute, correct or repair without cost to the City, any materials, equipment, and/or service found to be improper, imperfect, defective or fails to perform as specified.

CONTRACT PROVISIONS, continued

d. Make good all damage caused to other work, materials and/or equipment due to such required removal, replacement and/or re-execution.

e. Shall comply with any and all guarantee/warranties of whatever nature referred to in other portions of the contract specifications.

Any warranties whether expressed or implied shall not reduce the risk of the seller’s/ manufacturer’s obligation to the City against latent defect which may be found during the rated life of the supplies and/or materials and requirements described in the specifications including any approved modifications.

5. New Goods, Fresh Stock: All contracts, unless otherwise specifically stated, shall produce new commodities, fresh stock, latest model, design or pack.

6. Non-Discrimination: No Bidder who is the recipient of City funds or who proposes to perform any work or furnish any goods under this agreement shall discriminate against any worker, employee or applicant or any member of the public because of religion, race, sex, color or national origin, age, marital status, physical or mental handicap, nor otherwise commit an unfair employment practice.

Bidder further agrees that this article will be incorporated by Bidder in all contracts entered into with suppliers of materials or service, Bidders and subcontractors and all labor organizations, furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor or service in connection with this contract.

7. Non-Liability: The Bidder shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or by any other circumstances which, in the Procurement Administrator’s opinion, is beyond the control of the Bidder. Under the circumstances, however, the City may in its discretion, cancel the contract.

8. Placing of Orders: Orders against contracts shall be placed with the Bidder on a Purchase Order executed and released by the Finance Department.

9. Subletting of Contract: It is mutually understood and agreed that the Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of their contract or their rights, title or interest therein, or their power to execute such contract, to any other person, firm or corporation, without the previous written consent of the City Procurement Administrator, but in no case, shall such consent relieve the Bidder from his/her obligations, or change the terms of the contract.

CONTRACT PROVISIONS, continued

10. Termination of Contracts: Contracts shall remain in force for full periods specified and until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless:

a. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements.

b. Extended upon written authorization of the Procurement Administrator and accepted by Bidder, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms.

INSURANCE REQUIREMENTS FOR INDEPENDENT CONTRACTORS

The Contractor shall procure and maintain at his sole expense and until final acceptance of work by the City, insurance as hereinafter enumerated in policies written by insurance companies admitted in the State of Maryland, have A.M. Best rating of A- or better or its equivalent and acceptable to the

City.

1. WORKERS COMPENSATION:

The Contractor agrees to comply with Workers Compensation laws of the State of Maryland and to maintain a Workers Compensation and Employers Liability Policy.

Minimum Limits Required:

Workers Compensation - Statutory

Employers Liability - $100,000 (Each Accident)

$500,000 (Disease – Policy Limit)

$100,000 (Disease – Each Employee)

2. COMPREHENSIVE GENERAL LIABILITY INSURANCE:

The Contractor shall provide Comprehensive General Liability including Products and Completed

Operations.

Occurrence Form

$1,000,000 Each Occurrence

$1,000,000 General Aggregate

Such insurance shall protect the City, its agents, elected and appointed officials, board members, and employees against liability, loss, or expense due to damaged property (including loss of use), injury to or death of any person or persons and for care and loss of service arising in any way out of or in connection with or resulting from the work or service performed on behalf of the City of Hagerstown, Maryland.

The Contractor is ultimately responsible that Subcontractors, if subcontracting is authorized, procure and maintain at their sole expense and until final acceptance of the work by the City, insurance as hereinafter enumerated in policies written by insurance companies admitted in the State of Maryland, have A.M. Best rating of A- or better or its equivalent, and acceptable to the City.

INSURANCE REQUIREMENTS FOR INDEPENDENT CONTRACTORS, continued

3. BUSINESS AUTOMOBILE LIABILITY:

The Contractor shall provide Business Auto Liability including coverage for all leased, owned non-owned and hired vehicles.

$1,000,000 combined single limit for bodily Injury or Property damage.

4. CERTIFICATE(S) OF INSURANCE:

The Contractor shall provide certificates of insurance requiring a thirty (30) day notice of cancellation to the Finance Department, City of Hagerstown, Maryland, prior to the start of the applicable project.

The City of Hagerstown shall be named as an additional Insured.

Approval of the insurance by the City shall not in any way relieve or decrease the liability of the

Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor.

5. DEDUCTIBLES OR SELF-INSURED RETENTION:

All responsibility for payment of any sums resulting from any deductible provisions or self-insured retention conditions of the policy or policies shall remain with the Contractor.

6. GENERAL INDEMNITY:

The Contractor shall indemnify, defend, and save harmless the City of Hagerstown, its appointed or elected officials, board members, employees, and agents for any and all suits, actions legal or administrative proceeding, claims, demands, damages, liabilities, interest, attorneys fees, costs and expenses of whatsoever kind of nature, whether arising before or after final acceptance and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any act, error or omission fault or negligence whether active or passive by the Contractor, or anyone acting under its direction, control of its behalf in connection with or incident to its performance of the

Contract.

B1885.27 Whole Effluent Toxicity (WET) Testing and Toxic Chemical Testing (TCT

July 2026

SUPPLEMENTAL GENERAL CONDITIONS

• All service providers must be prepared to present suitable evidence of similar work recently completed or goods supplied.

• The City may reject a proposal if:

o The service provider misstates or conceals any material fact in the proposal; or if:

o The proposal does not strictly conform to the law or requirements of proposal; or if:

o The proposal is conditional, except that the service provider may qualify his or her proposal for acceptance by the City on an “all or none” basis or a “low item” basis. An “all or none” basis proposal must include all items upon which proposals are invited.

• This RFP is not a bid. In the event the City elects to negotiate with the successful service provider, any contract shall contain, at minimum, the terms and conditions (or substantially the same terms and conditions) as herein stated. The City reserves the right, in its sole discretion, to reject all submittals, reissue a subsequent RFP, terminate, restructure, or amend this procurement process at any time. The final selection and contract negotiation rests solely with the City.

• The City may not enter into a service contract with a service provider for the physical performance of services within the State of Maryland unless the service provider agrees to register and participate in the Federal Work Authorization Program. The successful service provider must verify adherence to employment authorization of all employees and all subcontractors.

• The successful service provider will be required to purchase and maintain a business license for the duration of the agreement. Subcontractor providers are not exempt from a business license tax even though the general service provider may pay a tax on the full contract price of a project.

• Service providers shall comply with all local, state, and federal directives, orders, and laws as applicable to this proposal and subsequent contract(s).

• Submission of a proposal will be considered as conclusive evidence of the service providers’ complete examination and understanding of the requirements of this Request for Proposal.

• Any changes in specifications, after the purchase order/contract has been awarded, must be with the written consent of the City; otherwise, the responsibility for such changes shall be with the service provider.

• In the event the successful service provider fails or refuses to execute a formal written contract with the City within ten (10) days after notice of acceptance of his or her proposal, their proposal may be revoked, and all obligations of the City in connection with the proposal will be canceled.

WET & TCT TESTING SCOPE OF WORK

The City of Hagerstown is seeking competitive bids for Whole Effluent Toxicity Testing (WETT) and Toxic

Chemical Testing (TCT) as required by the Maryland Department of Environment (MDE) to satisfy the requirements of our NPDES permit. Please refer to Appendix B for a copy of the City of Hagerstown NPDES

Permit containing all requirements for WETT and TCT. The Laboratory shall be required to ensure all testing meets the requirements identified in the permit to include chain of custody, sample containers, sample preservation (when applicable), sample storage, sample hold time, methodology, method detection limits, etc.

The WET and TCT Testing will consist of both biomonitoring toxicity, and toxic chemical testing. The testing program must consist of four sets of definitive annual chronic testing. The testing events shall be conducted annually during January or February of each year of the first four years after MDE approval of the study plan.

The sampling will be conducted in 2027, 2028, 2029, and 2030. The comprehensive bid must include all costs associated with all testing/ sampling events which include but is not limited to: Study plans (Biomonitoring and Toxic Chemical Testing), sample containers, sampling supplies, shipping of all supplies, sampling instructions, any required preservatives, chain of custodies, sample pickup or shipping associated with collected samples, preparation of reports, delivery of reports within the stipulated 3 week period after sample collection, all required quality control checks, and all MDE required detection limits. The City’s laboratory staff will be responsible for the physical collection of grab and 24-hour flow-proportional composite samples.

All sample analysis must be performed in accordance with 40 CFR part 136 and must be performed by laboratories that are certified in the State of Maryland to analyze wastewater samples. The successful bidder must be able to meet MDE’s detections limits for the analytes requested in this bid. If any part of this testing is subcontracted to another laboratory, that laboratory must be certified in the State of Maryland for all analysis being performed for this bid. The City must give prior approval before any testing can be subcontracted. The scope of work is as follows:

Biomonitoring Toxicity Testing

1. The successful bidder shall submit to the City of Hagerstown, within 10 days of receiving confirmation of bid acceptance, a study plan to evaluate wastewater whole effluent toxicity (WET) and toxic chemical testing (TCT) at the City of Hagerstown’s Outfall 001A using the biomonitoring results. The study plan shall encompass a discussion of the following items:

i. Wastewater and production variability

ii. Sampling and sample handling

iii. Source and age of test organisms

iv. Source of dilution water

v. Testing procedures/experimental design

vi. Data analysis

vii. Quality assurance/ quality control

viii. Report preparation

ix. Testing schedule

2. The testing program shall consist of four sets of definitive annual chronic testing. The testing events shall be conducted annually during January or February of each year of the first four years after MDE approval of the study plan (2027, 2028, 2029, and 2030). This testing shall be initiated no later than

January or February immediately following MDE’s acceptance of the study plan. If the results from any of the required WET test suggest toxicity in the effluent, the City shall repeat the required WET test within 60 days as follow-up test. If toxicity is observed in the follow up test, the City shall be subjected to the requirement specified in Section 10 of the Biomonitoring Toxicity Testing below. Each annual testing event shall include the Ceriodaphnia survival and reproduction test and the fathead minnow larval survival and growth test.

3. The samples used for biomonitoring shall be collected at the same time and location as the samples analyzed for the effluent limitations and monitoring requirements for this outfall (Outfall 001A). The

City shall collect 24-hour flow-proportional composite samples unless the MDE and the City have given prior approval of an alternative sampling type.

4. The following EPA document discusses the appropriate methods: “Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms” Fourth Edition, EPA-821-R-02-013, October, 2002, unless a more recent version is required by MDE.

5. Test results shall be submitted to MDE within one month of completion of each set of tests. Test results must be reported to the City within 3 weeks of completion of each set of tests, along with the results of the concurrent toxic chemical test (TCT).

6. Test results shall be reported in accordance with MDE’s “Effluent Biotoxicity Testing Protocol for

Industrial and Municipal Effluents, Appendix E (Reporting Requirements for Effluent Biomonitoring

Data), as amended”, Which is available at the website link: https://mdewwp.page.link/Biomonitoring

7. As a minimum, the reported chronic results shall be expressed as NOEC, LOEC, ChV, and IC25, unless other endpoints are required by MDE.

8. If a 50% mortality or greater occurs in one or more effluent concentrations during the first 48-hours of the chronic tests, 48-hour LC50s shall be calculated and reported along with the chronic results.

9. If testing is not performed in accordance with the MDE-approved study plan, additional testing may be required by MDE. In the event the contract laboratory fails to perform the testing as defined in the approved testing plant, the cost of the additional required testing will be the responsibility of the contract laboratory.

10. If the test results of any two consecutive valid toxicity tests show acute or chronic toxicity (LC50 equal to or less than 100% for acute tests and an IC25 equal to or less than the in-stream waste concentration for chronic tests), the City shall repeat the test within 30 days to confirm the findings of acute or chronic toxicity. Intermittent toxicity or other concerns may require additional testing or limits. If acute and/or chronic toxicity is confirmed, the City shall:

https://mdewwp.page.link/Biomonitoring

a. Eliminate the source of toxicity through operational changes as soon as possible but in any case, not longer than within three months, or

b. Perform a TRE. If the City repeats the toxicity testing as stated above and the results of the repeat test do not confirm the acute or chronic toxicity, MDE will require the City to repeat the toxicity testing as stated above to reconfirm a finding of no acute or chronic toxicity. After reconfirmation, the City shall complete any remaining quarterly testing required.

11. If the City is required to complete a TRE in accordance with 10.b above, and unacceptable toxicity is confirmed, a Whole Effluent Toxicity (WET) permit limit and a compliance schedule will be required which shall become a discharge permit condition through a permit modification or through a permit renewal.

12. When a WET test result shows reasonable potential for toxicity, unless it can be demonstrated that the source of toxicity has been eliminated, inappropriate test procedures were utilized, or the source has been controlled via a chemical specific permit limitation, WET limits shall be required. These limits may be implemented by reopening the current permit or in a permit renewal. Where reasonable potential has been assumed based on one test result, the permit shall include a WET limit effective within three years unless the effluent shows no toxicity in six follow-up quarterly tests. The permit may be modified to remove the WET limit if the six follow-up quarterly tests show no toxicity.

13. If plant processes or operations change so that there is a significant change in the nature of the wastewater, MDE may require the City to conduct a new set of tests.

14. If a significant industrial user locates within the service area so that significant change in the nature of the wastewater might be anticipated, MDE may require the City to conduct a new set of tests.

Toxic Chemical Testing

1. Concurrently with the biomonitoring study plan, the successful bidder will submit to the City of

Hagerstown, within 30 days of receiving confirmation of bid acceptance, a study plan to perform the sets of analytical testing for toxic chemicals.

2. The toxic chemical testing study plan shall include a description of:

a. Sampling methods

b. Analytical methods

c. Practical detection levels

d. Quality control procedures

3. Concurrent with each biomonitoring toxicity test, the successful bidder shall perform analytical testing for the toxic chemicals identified in MDE’s “Toxic Pollutant Monitoring Protocol and

Reporting Requirements for Toxic Chemical Testing Analytical Data, as amended” which can be downloaded from the following website link: https://mdewwp.page.link/TCT .

https://mdewwp.page.link/TCT

4. Toxic chemical testing shall be performed in accordance with 40 CFR Part 136 and the MDE approved toxic chemical testing plan. Grab samples must be used for cyanide, phenols, and volatile organic compounds. All other pollutants shall be collected using 24-hour flow-proportional composite samples unless MDE has given prior approval of an alternative sampling type.

5. Substances other than those identified in Section 3 of the Toxic Chemical Testing above may be detected in the effluent. If so, the successful bidder shall identify and quantify the ten present in highest concentration for those compounds for which standards are available.

6. Results of each toxic chemical test performed as per Sections 3 and 4 of the Toxic Chemical Testing above shall be submitted to the City with results of the concurrent biomonitoring toxicity test.

7. Toxic chemical testing results shall be reported in accordance with MDE’s “Toxic Pollutant

Monitoring Protocol and Reporting Requirements for Toxic Chemical Testing Analytical Data, as amended”.

8. If testing is not performed in accordance with MDE’s approved study plan, additional testing will be required by the City at the successful bidder’s expense. Failure of the successful bidder to comply with all MDE/EPA standards will result in a non-compliance of the City of Hagerstown’s NPDES

Permit. A copy of the permit is attached.

Bid No. B1885.27

Whole Effluent Toxicity (WET) Testing and Toxic Chemical Testing (TCT)

Bid Submission Form

Company Name: _______________________________________________________

WET and TCT Testing Proposed Cost

Year WET Testing Cost TCT Testing Cost Total Cost

2027 $ $ $

2028 $ $ $

2029 $ $ $

2030 $ $ $

Optional TRE Testing Cost (if required): _____________________________

BIDDER’S MUST STATE THE FOLLOWING:

COMPANY NAME: ____________________________________________________________

CONTACT NAME: ____________________________________________________________

TELEPHONE NUMBER: _______________________________________________________

EMAIL: ______________________________________________________________________

ADDRESS: ___________________________________________________________________

CITY: ____________________________________ STATE: _______ ZIP_________________

This form was completed and submitted by:…