LAB ANALYSIS RFP - FULL DOCUMENT - Final.pdf

RFP Document

Chesapeake Beach WRTP Lab Analysis Services

REQUEST FOR PROPOSALS (RFP)

Chesapeake Beach WRTP Laboratory Analysis Services

CONTRACT

ISSUE DATE: December 8, 2025

NOTICE

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace

Advantage (eMMA) should register on eMMA at https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage to view the BID and amendments.

TOWN OF CHESAPEAKE BEACH

KEY INFORMATION SUMMARY SHEET

Request for Proposals RFP Issue Date:

RFP Issuer/ Contact for Clarifications: Samelia Okpodu, Town Administrator RFP Issuer Contact Information: sokpodu@chesapeakebeachmd.gov

Town Hall: 8200 Bayside Rd. Chesapeake Beach, MD 20732 (410)257-2230

Proposal information available at: Town Hall 8200 Bayside Rd. Chesapeake Beach MD 20732 From 8:30-4:40pm eMaryland Marketplace

SEALED Proposals are to be sent to: ATTENTION Dan Baden, TOWN TREASURER 8200 Bayside Rd PO Box 400 Chesapeake Beach, MD 20732

Mandatory Pre-Bid Conference: December 22, 2025 at 10:00 AM

Virtual Register in advance for this meeting:

https://zoom.us/meeting/register/88hw5rh- TQCXjFuVR4-Uig

Questions Due Date and Time December 31, 2025, by 9:00 AM to Josh Stinnett at Josh@ChesapeakeBeachMD.gov

SEALED Proposal Due (Closing) Date and Time:

January 7, 2026 by 9:00 AM to the Chesapeake Beach Town Hall located at 8200 Bayside Rd.

Chesapeake Beach, MD 20732

SEALED Proposal Public Opening January 7, 2026 at 10:00 AM am Chesapeake Beach Town Hall: 8200 Bayside Rd. Chesapeake Beach, MD 20732

Contract Type: Fixed Price Contract Contract Duration: 1 year, with the option to extend 4 additional 1-year terms

Services mailto:sokpodu@chesapeakebeachmd.gov https://zoom.us/meeting/register/88hw5rh-TQCXjFuVR4-Uig https://zoom.us/meeting/register/88hw5rh-TQCXjFuVR4-Uig mailto:Josh@ChesapeakeBeachMD.gov

1.1 Minimum Qualifications

The Bidder shall have a minimum of seven (7) years of providing laboratory analysis and reports for Wastewater Treatment and/or Water Reclamation Treatment Plants in accordance with one or more of the following:

• 40 CFR Part 136 – Guidelines Establishing Test Procedures for the Analysis of Pollutants

• Methods for Measuring the Acute Toxicity of Effluents and Receiving Water to Freshwater and Marine Organisms, Fifth edition, EPA-821-R-02-012, October 2002

• Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms Third Edition, EPA-821-R-02-014, October 2002

• MDEs Effluent Biotoxicity Testing Protocol for Industrial and Municipal Effluents, Appendix E (reporting Requirements for Effluent Biomonitoring Data), as amended

• Toxic Pollutant Monitoring Protocol and Reporting Requirements for Toxic Chemical Testing Analytical Data, as amended

• EPA Method 1633 – Analysis of Per- Polyfluoroalkyl Substances (PFAS) in Aqueous, Solids, Biosolids, and Tissue Samples by LC-MS/MS

For any Bidder to be considered for this Contract, the Bidder shall submit with their bid documentation that their facility is a MDE-certified laboratory facility, or if subcontracting lab work, documentation that the subcontractor is a MDE-certified laboratory.

1.2 Required Documentation

As proof of meeting this requirement, the Bidder shall provide with its Proposal three references from the past five years that collectively can attest to the Bidder's required years of experience in providing laboratory analysis and reports for Wastewater Treatment and/or Water Reclamation Treatment Plants comparable in scope as indicated in this RFP, which shall include:

• Name of point of contact

• Company name

• Company address

• Telephone number

• Email address

• Project name and project amount

1 Minimum Qualifications

2.1 Summary Statement

2.1.1 The Town of Chesapeake Beach (the Town) is issuing this Request or Proposals (RFP) in order to contract Water Reclamation Treatment Plant Laboratory Analysis services. The Town intends to obtain goods and services, as specified in this RFP, from a Contract between the selected Bidder and the Town

2.1.2 The Town intends to make a single award for each sub-section of this RFP.

2.1.3 The Contract resulting from this solicitation shall be a Fixed Price Contract as defined in

COMAR 21.06.03.

2.1.4 The Contract that results from this solicitation shall commence as of the date the Town signs the Contract.

2.1.5 The Town intends to make a single award for each of the following analysis types as a result of this RFP.

• Semi-Weekly Nutrient Analysis

• Semi-Annual Sludge Analysis

• Annual Whole Effluent Toxicity (WET) Analysis

• Annual Toxic Chemical Analysis

• One-Year Study of the Per- and Polyfluorinated Alkyl Substances (PFAS) within Treatment Works

2.1.6 Bidders must be able to provide all services for one or more of the analysis types and meet all the requirements requested in this solicitation. The successful Bidder shall remain responsible for Contract performance regardless of subcontractor participation in the work. The Bidder shall have the capability to perform the specified services at their in-house MDE-certified laboratory facility. However, the Bidder may subcontract for laboratory work only by a MDE-certified laboratory facility with prior written approval by the Town.

2.2 Background and Purpose

2.2.1 The Town of Chesapeake Beach operates a Water Reclamation Treatment Plant (the Treatment

Plant) with a 1.5 MGD capacity. The Treatment Plant is required to perform laboratory analysis of the effluent discharged and the sludge produced during the treatment process in accordance with its discharge permit, 23-DP-0587. The discharge permit is for a period of five years, expiring October 31, 2030.

2.2.2 The Project Goals are to provide efficient, timely, and accurate laboratory analysis as required by the Treatment Plant discharge permit from the Maryland Department of the Environment.

2 Contractor Requirements: Scope of Work

2.2.3 The Treatment Plant does not currently have a contract for laboratory analysis, and it is desired to obtain contract pricing for the individual tests performed to assist with budgeting purposes.

Pricing is requested for periods up to the expiration of the current discharge permit.

2.2.4 The following Town Staff, and their respective roles, are as follows:

• Town Administrator – Provides oversight of the contract terms, conditions, and performance.

• Town Treasurer – Ensures all project costs are within the Town budget and receives bid proposals.

• WRTP Superintendent – Ensures work is performed as agreed at the Plant.

2.3 Responsibilities, Tasks, Scope of Work:

2.3.1 Provide laboratory analysis services in accordance with the most recent updated version of the 40

CFR Part 136 – Guidelines Establishing Test Procedures for the Analysis of Pollutants for Semi- Weekly Nutrient Analysis of Effluent/Influent, Semi-Annual Sludge Analysis, and annual Toxic Chemical Testing.

2.3.1.1 Semi-Weekly Nutrient Analysis

• Laboratory test results and reports shall be provided to the Town within seven (7) calendar days of completion of analysis. The Bidder shall report results using acceptable monitoring report forms or lab reports. Chain-of-custody copies shall accompany all reports

• Lab analysis reports to include:

o Analyses performed o Test results o Method Used o Reporting Limit/Detection Limit of analyses

2.3.1.2 Semi-Annual Sludge Analysis

• Laboratory test results and reports shall be provided to the Town within seven (7) calendar days of completion of analysis. The Bidder shall report results using acceptable monitoring report forms or lab reports. Chain-of-custody copies shall accompany all reports.

• Lab analysis reports to include:

o Analyses performed o Test results o Method used o Reporting Limit/Detection Limit of analyses

2.3.2 Whole Effluent Toxicity Testing: Provide annual laboratory analysis services in accordance with the most recent updated version of the Methods for Measuring the Acute Toxicity of Effluents and Receiving Water to Freshwater and Marine Organisms and Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms for Whole Effluent Toxicity (WET) testing for Chronic and Acute Response.

• The testing program will consist of definitive testing for four (4) annual events.

o Three (3) for acute testing o One (1) for chronic testing

• Upon initial award of the contract, provide a study plan for submission to MDE for approval to evaluate wastewater whole effluent toxicity (WET) at Outfall 001 using biomonitoring results1. The study plan should include a discussion of o Wastewater and production variability o Sampling and sample handling o Source and age of test organisms o Source of dilution water o Testing procedure/experimental design o Data analysis o Quality control/quality assurance o Report preparation o Testing schedule

• For annual testing, provide lab analysis report in accordance with MDE's most recent updated version of the Effluent Biotoxicity Testing Protocol for Industrial and Municipal Effluents, Appendix E (reporting Requirements for Effluent Biomonitoring Data), as amended (https://mdewwp.page.link/Biomonitoring)2

• Laboratory test results and reports shall be provided to the Town within seven (7) calendar days of completion of analysis. Chain-of-custody copies shall accompany all reports.

o Chronic Testing Test results shall be expressed as NOEC, LOEC, ChV, and IC25 o Acute Testing Test results shall be expressed as LC50

2.3.3 Toxic Chemical Testing: Provide annual laboratory analysis services in accordance with the with MDEs most recent updated version of the Toxic Pollutant Monitoring Protocol and Reporting Requirements for Toxic Chemical Testing Analytical Data, as amended (https://mdewwp.page.link/TCT)

• Upon initial award of the contract, provide a study plan for submission to MDE for approval to perform the sets of analytical testing for toxic chemicals3. The study plan should include a discussion of o Sampling methods o Analytical methods o Practical detection levels o Quality control procedures

1 WET testing Study Plan due to MDE no later than 2/1/2026 2 If testing is not performed in accordance with the MDE-approved study plan, additional testing may be required by MDE at no additional cost to the Town.

3 TCT Study Plan due to MDE no later than 2/1/2026.

https://mdewwp.page.link/Biomonitoring https://mdewwp.page.link/TCT

• For annual testing, provide lab reports in accordance with MDEs most recent updated version of the Toxic Pollutant Monitoring Protocol and Reporting Requirements for Toxic Chemical Testing Analytical Data, as amended (https://mdewwp.page.link/TCT)4

• Laboratory test results and reports shall be provided to the Town within seven (7) calendar days of completion of analysis. Chain-of-custody copies shall accompany all reports.

2.3.4 One Year Study of the Per- and Polyfluorinated Alkyl Substances within the Treatment Works:

Provide four (4) quarterly sample analyses for one twelve-month period in accordance with most recent updated version of the EPA Method 1633 – Analysis of Per- Polyfluoroalkyl Substances (PFAS) in Aqueous, Solids, Biosolids, and Tissue Samples by LC-MS/MS for analysis of PFAS levels in influent, effluent, and waste biosolids.

• Upon initial award of the contract, provide a study plan for submission to MDE for approval to perform the sets of analytical testing for Per- and Polyfluorinated Alkyl Substances5. The study plan should include a discussion of o Sampling schedule6 o Analytical Methods o Sampling procedures o QA/QC procedures7

• For quarterly testing, provide lab reports in accordance with MDE’s most recent updated version of the Per- and Polyfluoroalkyl Substances (PFAS) Sampling Guidance Document (https://mdewwp.page.link/PFASGuidance)8

• Laboratory test results and reports shall be provided to the Town within seven (7) calendar days of completion of analysis. Chain-of-custody copies shall accompany all written reports.

2.3.5 Laboratory sample pick-up service is to be provided by the Bidder. In the case of courier services to be provided by a subcontractor, this should be identified in the bid document.

2.3.6 Additional Contractor Requirements

• The Bidder shall provide all necessary sample containers, labels, and chain-of-custody forms as required for the transport of lab samples to the respective lab for analyses. On request, the Bidder shall provide sufficient sample containers to the Plant to cover sampling for a minimum of four sets of sample events.

• During sample transport, refrigeration shall be maintained at 4°C +/- 2°C.

• The Bidder shall transport samples to the lab in accordance with approved methods for specific parameters and in sufficient time to meet required holding times.

4 If testing is not performed in accordance with the MDE-approved study plan, additional testing may be required by MDE at no additional cost to the Town.

5 PFAS Study Plan due to MDE no later than 4/30/2026.

6 Samples to be collected with quarters ending March, June, September, and December.

7 Consistent with MDE’s most recent updated version of the Per- and Polyfluoroalkyl Substances (PFAS) Sampling Guidance Document 8 If testing is not performed in accordance with the MDE-approved study plan, additional testing may be required by MDE at no additional cost to the Town.

https://mdewwp.page.link/TCT https://mdewwp.page.link/PFASGuidance

• Chain-of-custody forms shall be completed with all required information and authorized

• signatures according to approved methods for sample collection.

• The Bidder will be required to participate in the annual EPA Discharge Monitoring Report-

Quality Assurance (DMR-QA) study as required by the EPA for any in-house and/or contract laboratories. The contracted lab will perform testing for all analytes tested for the Plant as part of this contract and included in the DMR-QA study.

• The Bidder will provide a certificate of insurance (COI) naming the Town as the additionally insured for the duration of the project.

2.3.7 Emergency Laboratory Services

• Upon request, the Bidders’ laboratory shall provide priority services, i.e., collection and analysis within twenty-four (24) hours after contact by the Town. Cost of emergency services shall be submitted as a separate unit price on the bid form.

2.3.8 Price Adjustments

• All prices offered herein shall be firm against any increase for one (1) year from the effective date of this contract. Prior to the commencement of subsequent renewal terms, the Town shall entertain a request for escalation considering the Treatment Plant’s budgetary and economic conditions. If those conditions allow, the Town would use the U.S. Department of Labor Consumer Price Index (CPI) for the Washington Metropolitan Area, based upon a twelve (12) month average over the prior year to help determine the amount of the increase. If the increase is approved, it would become effective the first day of the subsequent renewal and shall not exceed three percent (3%).

• Written requests for price increases from the Bidder shall be received by the Town at least ninety (90) calendar days prior to the end of any renewal term. Failure to meet the ninety

(90) calendar day request shall result in the Town denying any price increase.

• Once awarded, if, through updates to the indicated sampling guidelines and/or methods, additional testing is required, the Bidder shall provide a proposal for the cost of the extra testing. Once adopted, these costs shall remain firm for the 1-year contract period. Prior to the commencement of subsequent renewal terms, the Town shall entertain a request for escalation considering the Treatment Plant’s budgetary and economic conditions. If those conditions allow, the Town would use the U.S. Department of Labor Consumer Price Index (CPI) for the Washington Metropolitan Area, based upon a twelve (12) month average over the prior year to help determine the amount of the increase. If the increase is approved, it would become effective the first day of the subsequent renewal and shall not exceed three percent (3%).

BID FORM

CHESAPEAKE BEACH, MARYLAND

8200 BAYSIDE ROAD POST OFFICE BOX

400 CHESAPEAKE BEACH, MARYLAND 20732

Chesapeake Beach WRTP Lab Analysis Services

BY: BIDDER'S NAME AND ADDRESS:

Name:

Address:

Telephone:

Email:

Date:

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

3. In submitting this Bid, BIDDER represents, as set forth in the Agreement, that:

A. BIDDER has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all, which is hereby acknowledged:

Addendum No. Addendum Date

BID PROPOSAL

B. BIDDER has visited each Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

E. BIDDER is aware of the general nature of Work to be performed by OWNER and others at each Site, if any that relates to the Work as indicated in the Bidding Documents.

F. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

4. BIDDER further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any individual or entity to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over

OWNER.

A. BIDDER acknowledges that BIDDER's price(s) constitutes BIDDER's sole compensation for performing all Work required by the Contract Documents, and if a particular part of the Work is not listed in the Bid Item Descriptions, BIDDER has included that part of the Work in the Bid Item Description which it most logically belongs.

5. Schedule of Bid Items:

Summary of Costs

Category

Total Based on Estimated Annual Quantity

A

B

C

D

E

Total

BIDDER PRICING (provide pricing details for Base Lump Sum and Items 1-2):

Item 1: BIDDER agrees to provide all material and perform all work outlined within the contact documents for a lump sum cost of:

and Cents/SY (in writing)

$ (in figures)

BASE BID LUMP SUM FOR The total value of the contract is $ .

Item 2: Breakdown of costs:

Please use the following tables for a breakdown of laboratory analysis costs.

Category A - Semi-Weekly Nutrient Analysis of Effluent/Influent

Item # Description Unit of

Measure Method Annual Quantity Unit Price Total

A-1 BOD5 mg/L 116 $ $

A-2 Total Ammonia Nitrogen as N mg/L 104 $ $

A-3 Total Kjeldahl Nitrogen mg/L 116 $ $

A-4 Total Phosphorus as P mg/L 116 $ $

A-5 Orthophosphate as P mg/L 104 $ $

A-6 (Nitrite + Nitrate) as N mg/L 104 $ $

A-7 Sample Pick Up Each 108 $ $

Category A Total $

Category B – Semi-Annual Sludge Analysis

# Description Unit of

Measure Method Annual Quantity Unit Price Total

B-1 pH Units 2 $ $

B-2 Totals Solids % 2 $ $

B-3 Total Kjeldahl Nitrogen mg/Kg Dry 2 $ $

B-4 Ammonia Nitrogen mg/Kg Dry 2 $ $

B-5 Total Phosphorus mg/Kg Dry 2 $ $

B-6 Potassium mg/Kg Dry 2 $ $

B-7 Nitrate-Nitrogen mg/Kg Dry 2 $ $

B-8 Cadmium mg/Kg Dry 2 $ $

B-9 Copper mg/Kg Dry 2 $ $

B-10 Nickel mg/Kg Dry 2 $ $

B-11 Lead mg/Kg Dry 2 $ $

B-12 Zinc mg/Kg Dry 2 $ $

B-13 Mercury mg/Kg Dry 2 $ $

B-14 Arsenic mg/Kg Dry 2 $ $

B-15 Molybdenum mg/Kg Dry 2 $ $

B-16 Selenium mg/Kg Dry 2 $ $

B-17 PCBs in Soil µg/Kg Dry 2 $ $

B-18 Sample Pick Up Each 2 $ $

Category B Total $

Category C - Annual Whole Effluent Toxicity (Estuarine)

# Description Unit of

Measure Method Annual Quantity Unit Price Total

C-1 Toxicity, chronic, estuarine and marine organisms of the Atlantic Ocean and Gulf of Mexico, NOEC or IC25, percent effluent1

NOEC;

LOEC; ChV;

IC25

C-2 Toxicity, acute, estuarine and marine organisms of the Atlantic Ocean and Gulf of Mexico, LC50, percent effluent2

LC50

C-3 Sample Pick Up – Chronic3 Each 1 $ $

C-4 Sample Pick Up – Acute4 Each 1 $ $

Category C Total $

1 Shall consist of 48-hour static renewal testing using either sheepshead minnows (Cyprinodon variegatus), inland silversides (Menidia berylina, Menidia menidia, menidia peninsulae) and mysid shrimp (Amercamysis bahia A.K.A. Mysidopsis bahia). Testing must include one vertebrate species and one invertebrate species 2 Shall include the sheepshead minnow (Cyprinodon variegatus) or inland silverside (Menidia berylina) larval survival and growth tests and mysid shrimp (Amercamysis bahia A.K.A. Mysidopsis bahia) survival, growth, and fecundity tests. Testing must include one vertebrate species and one invertebrate species 3 Chronic testing performed one time during the 5-year permit period 4 Acute testing performed annually for three events during five the 5-year permit period.

Category D - Annual Toxic Chemical Analysis

# Description Unit of Measure Method Annual

Quantity Unit Price Total

D-1 Lump Sum Cost N/A N/A 1 $ $

D-2 Sample Pick Up Each 1 $ $

Category D Total $

Category E - PFAS Analysis

# Description Unit of Measure Method Annual

Quantity5 Unit Price Total

E-1 Influent ppt EPA Method 1633 or most updated version

4 $ $

E-2 Effluent ppt EPA Method 1633 or most updated version

4 $ $

E-3 Biosolids ppt EPA Method 1633 or most updated version

4 $ $

E-4 Sample Pick Up Each 4 $ $

Category E Total $

5 PFAS monitoring shall consist of four (4) consecutive quarters during a twelve (12) month period after approval of PFAS Monitoring Plan.

Emergency Laboratory Services (Not tabulated for Lump Sum Bid)

Category AE - Nutrient Analysis of Effluent/Influent

Item # Description

Unit of Measure

Method

Unit Price

Response Time (Hours)

Sample Turnaround Time (Days)

AE-1 BOD5 mg/L $

AE-2

Total Ammonia Nitrogen as N mg/L

AE-3 Total Kjeldahl Nitrogen mg/L $

AE-4 Total Phosphorus as P mg/L $

AE-5 Orthophosphate as P mg/L $

AE-6 (Nitrite + Nitrate) as N mg/L $

AE-7 Total Suspended Solids mg/L $

AE-8 Fecal Coliform MPN $

AE-9 Sample Pick Up Each $

Category BE - Sludge Analysis

Description

(Hours)

Sample Turnaround Time (Days)

BE-1 pH Units $

BE-2 Totals Solids % $

BE-3

Total Kjeldahl Nitrogen mg/Kg Dry

BE-4 Ammonia Nitrogen

BE-5 Total Phosphorus

BE-6 Potassium

BE-7 Nitrate-Nitrogen

BE-8 Cadmium

BE-9 Copper

BE-10 Nickel

BE-11 Lead

BE-12 Zinc

BE-13 Mercury

BE-14 Arsenic

BE-15 Molybdenum

BE-16 Selenium

BE-17 PCBs in Soil µg/Kg

BE-18 Sample Pick Up Each $

Category EE - PFAS Analysis

Item #

Description

(Hours)

Sample Turnaround Time (Days)

EE-1

Influent ppt EPA Method 1633, or the most updated version $

EE-2

Effluent ppt EPA Method 1633, or the most updated

EE-3

Biosolids ppt EPA Method 1633, or the most updated

EE-4 Sample Pick Up Each $

TOWN OF CHESAPEAKE BEACH

Equal Opportunity Employer And

Drug Free Workplace Certification

I hereby affirm that this Company does not discriminate in any manner against any employee or applicant for employment because of race, national origin or ethnicity, sex, pregnancy, gender identity, or family status, age, religion, or disability.

I hereby affirm that this Company complies with all applicable federal, state and local laws and policies regarding the use of drugs and alcohol and regarding a smoke-free workplace.

Bidder:

Type/Print Name of Firm

Address:

City/State:

Zip Code

By:

Signature of Person Authorized to Sign Bid

Type/Print Name and Title of Person Authorized to Sign Bid

TOWN OF CHESAPEAKE BEACH, MARYLAND

AFFIDAVIT OF PUBLIC CONTRACTING ELIGIBILITY

The bidder represents, and it is a condition of the acceptance of this bid, that the bidder has not been a party with other bidders to any agreement to bid a fixed or uniform price. The bidder also represents that none of its officers, directors, partners, or employees who are directly involved in obtaining or performing contracts with any public bodies has:

(1) been convicted of bribery, attempted bribery, or conspiracy to bribe, under the laws of any state or of the federal government;

(2) been convicted under a State or federal law or statute of any offense enumerated in Md. Code Ann., State Fin. and Proc. §16-203; or

(3) been found civilly liable under a State or federal antitrust statute as provided in Md.

Code Ann., State Fin. and Proc., §16-203.

The Contractor warrants that it has not been debarred or suspended under Md. Code Ann., State Fin., and Proc., Title 16 Subtitle 3 and that it shall not knowingly enter into a contract with a public body under which a person or business debarred or suspended under Md. Code Ann., State Fin., and Proc., Title 16, Subtitle 3 will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

The Bidder/Offeror and/or any person signing on its behalf acknowledges that all documents, information and data submitted in its Bid/Proposal shall be treated as public information unless otherwise indicated.

ATTEST/WITNESS

Name of Bidder-Type/Print

Signature of Person Authorized to Sign

Name and Title of Signatory (Type or Print)

STATE OF

COUNTY OF , TO WIT:

I HEREBY CERTIFY THAT On this day of 20 , before the undersigned officer, personally appeared , known to me or satisfactorily proven to be the person whose name is subscribed on the foregoing instrument for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year aforesaid.

My Commission Expires:

Notary Public

TOWN OF CHESAPEAKE BEACH, MARYLAND

CONTRACTOR RESPONSIBILITY FORM

1. Summarize briefly your experience in providing the commodities or service outlined in the attached specifications:

2. List the name and address of one bank or other institution that can provide the Town with an adequate credit reference:

3. Have you ever refused to sign a contract at your original bid price? Yes No

4. Have you ever defaulted on a contract? Yes No

Federal I.D. # Name of Contractor:

Telephone #:

Signature

Typed Name and Title

REFERENCE LIST

Bidder shall submit information on this sheet indicating construction experience on similar work. Failure to complete this sheet may be cause for rejection of bid.

1. Company

Address Contact Person Telephone

Email Address

2. Company

Contact Person

3. Company

Contact Person

4. Company

Contact Person

5. Company

Contact Person

BID BOND

BOND NO.

BID REQUEST NO.

KNOW ALL PERSONS BY THESE PRESENTS, that we, , a corporation duly authorized to do business in the State of Maryland, as Principal, and , a corporation duly authorized to do business in the State of Maryland, as Surety, are held and firmly bound unto, Chesapeake Beach, hereinafter called the Obligee, in the sum of Dollars ($ .00), to be paid upon demand of the Obligee, for payment of which sum well and truly to be made, we bind ourselves, our administrators, reeivors, trustees, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the Principal has submitted to the Obligee a Bid for furnishing all labor, materials, equipment and incidentals thereto necessary for work generally described as:

Chesapeake Beach WRTP Laboratory Analysis Services

Now therefore, the condition of this Bond is such that, if the Obligee shall accept the Bid of the Principal and the Principal shall enter into a written agreement with the Obligee in accordance with the terms, conditions and price(s) set forth therein, and furnish such insurance and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and materials furnished in the prosecution thereof, then this obligation shall become null and void; otherwise, it shall remain in full force and effect; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements immediately pay to the Obligee, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

Provided, however, that the Surety shall not be liable to the Obligee on this bond for any amount in excess of the principal amount hereof.

This Bid Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference herein to Principal or Surety in the singular shall include all entities that are signatories as Principal or Surety.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall in no way be impaired or affected by any extension of the time within which the Town may accept such proposal, and said Surety hereby waives notice of any such extension.

IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 20 .

Principal

By: (Seal)

Official Title

Surety

By Attorney-in-Fact

By

Maryland Agent

PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS, that on this day of , 20 , we (“the Contractor”) as Principal, and (Bonding Company) as Surety, are held and firmly bound unto Chesapeake Beach (“the Town”), in the penal sum of Dollars ($ ) for payment of which sum well and truly to be made, we bind ourselves, our officers, agents, , administrators, trustees, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal entered a Contract (“the Contract”) with the Town dated

20 , concerning the Chesapeake Beach WRTP Lab Analysis Service (“the Project").

NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make proper payment to all persons supplying labor, equipment and materials used in the prosecution of the work provided for in said Contract and the Project, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety being hereby waived, then this obligation will be void; otherwise it will remain in full force and effect.

Any modification made by agreement by and between Principal and Town in terms of the Contract or the nature or scope of the Project, or the giving to the Principal or its officers, agents, employees, successors or assigns any extension of time on the part of Principal to be performed or any forbearance on the part of the Town to Principal, its officers, employees, successors and assigns shall not in any way release Principal or Surety in this Bond

This Payment Bond will be held by the Town until the expiration of three (3) years after the date of final acceptance of the work under the Contract. or earlier upon receipt of a release of liens in a form satisfactory to the Town. There shall be no reduction or release of this Payment Bond until all claims by laborers and material suppliers have been paid and a release of claims has been provided to the Town.

Notice to the Surety shall be sufficient if sent by certified mail to the individual named below at the following address:

Name and Title

IN TESTIMONY WHEREOF, Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers and Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its Attorney-in-Fact, duly authorized hereunto so to do, the day and year first above written.

Principal (Typed Name)

(SEAL)

Witness Principal

Witness Corporate Surety

Attorney in Fact

Provide Name, Address, and telephone number of Branch Office or Resident agent to be contacted in the event action is required on the Bonds supplied, together with signature of Resident Agent.

Firm Name:

Telephone w/Area Code

Signature/Resident Agent:

Date: Registration No.

(Accompany this bond with Attorney-in-Fact’s authority from Surety Company certified to include the date of the bond)

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS, that on this day of , 20 , we (“the Contractor”) as Principal, and (Bonding Company) as Surety, are held and firmly bound unto Chesapeake Beach (“the Town”), in the penal sum of Dollars ($ ) for payment of which sum well and truly to be made, we bind ourselves, our officers, agents, administrators, trustees, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal entered a Contract (“the Contract”) with the Town dated

, 20 , concerning the Chesapeake Beach WRTP Lab Analysis Services (“the Project").

NOW, THEREFORE, the condition of this obligation is such that if the Contractor shall in all respects well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract and the Project during the term of said Contract and any extension thereof granted by the Town, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made and shall save harmless the Town from any expense incurred through the failure of the Principal, its agents and servants, to complete the work as required by the Contract, or any authorized modifications thereof, or from any damages growing out of negligence or other misconduct of the Principal, or its agents, servants, or employees then this obligation shall be null and void and otherwise to be and shall remain in full force and effect until the requirements of the Contract and the Project have been fully completed and approved or accepted by the Town.

Any modification made by agreement by and between Principal and Town in terms of the

Contract or the nature or scope of the Project, or the giving to the Principal or its officers, agents, employees, successors or assigns any extension of time on the part of Principal to be performed or any forbearance on the part of the Town to Principal, its officers, employees, successors and assigns shall not in any way release Principal or Surety in this Bond

This Performance Bond will be held by the Town until the expiration of three (3) years after the date of final acceptance of the work under the Contract. Any reduction or release of this Performance Bond shall be in accordance with the terms of any applicable Public Works Agreement and in the discretion of the Town.

Notice to the Surety shall be sufficient if sent by certified mail to the individual named below at the following address:

Name and Title

IN TESTIMONY WHEREOF, Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers and Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its Attorney-in-Fact, duly authorized hereunto so to do, the day and year first above written.

Principal (Typed Name)

Witness Principal

Witness Corporate Surety

Attorney in Fact

Provide Name, Address, and telephone number of Branch Office or Resident agent to be contacted in the event action is required on the Bonds supplied, together with signature of Resident Agent.

Firm Name:

Telephone w/Area Code

Signature/Resident Agent:

Date: Registration No.

(Accompany this bond with Attorney-in-Fact’s authority from Surety Company certified to include the date of the bond)

AGREEMENT

THIS AGREEMENT is made this day of , 20 , by

Chesapeake Beach (“the Town”), a municipal corporation of the State of Maryland, and

(“the Contractor”), a corporation organized under the laws of the State of .

In consideration of the mutual covenants and obligations contained herein, the sufficiency of which is hereby acknowledged, the Town and the Contractor hereby agree as follows:

1. Services Provided: The Contractor shall provide the following services for the Town:

Chesapeake Beach WRTP Lab Analysis Services (“the Services”). The Services shall be provided as detailed in the following enumerated documents, which in addition to this Agreement form the contract, and they are incorporated herein to the same extent as if attached thereto, except that the

Contractor’s Proposal is incorporated only as to the scope of work, the pricing proposal, and any warranties or representations about the nature or quality of the services or equipment to be provided contained herein.

1) Request for Proposals, dated

2) Instructions to Bidders

3) General Conditions

4) Supplemental Conditions

5) Division Specifications

6) Additional Specifications

7) Bid Schedule & Bid Form, dated

8) Equal Opportunity Employer & Drug Free Workplace Certification

9) Affidavit of Public Contracting Eligibility

10) Reference List

11) Bid Bond

12) Performance Bond

13) Payment Bond

14) Notice of Award

15) Insurance Certificate

B. The Contractor agrees to commence the Services within 6 0 days of the Notice to Proceed.

The Town retains the right to reduce the scope of the Services to meet the Town’s needs.

C. Time is of the essence in the completion of this contract.

D. The Contractor will furnish all equipment (the “Contractor’s Equipment”) needed to perform the Services

2. Fees: The Town hereby agrees to pay the Contractor as full consideration for the

Contractor’s satisfactory performance of its obligations under this Agreement the sum of payable in the following manner:

3. Binding Effect of Agreement: This Agreement shall be binding upon all parties hereto and their respective officers, trustees, successors, and assigns.

4. Political Contributions: If this contract involves cumulative consideration of at least

$200,000, the Contractor shall file with the State Board of Elections a statement under oath containing: (i) the name of each candidate, if any, to whom one or more applicable contributions in a cumulative amount of $500 or more were made during the reporting period; (ii) the office sought by each candidate; (iii) the amount of aggregate contributions made to each candidate; (iv) the name of each unit of a governmental entity with which the person did public business during the reporting period; (v) the nature and amount of public business done with the Town; and (vi) if the contract or the contribution is attributed to another person who is filing the statement, the name of the contracting entity or the person who made the contribution and the relationship of that person to the person filing the statement. The Contractor’s initial statement shall be filed at that time of the inception of the contract, and shall cover the preceding 24 months, and the Contractor shall thereafter file a semi-annual statement, for the six months ending on January 31 or July 31 of every year, for each reporting period during which performance remains uncompleted on the contract, and shall be filed within 5 days after the end of the applicable reporting period.

5. Notices: All notices or other communications required hereunder shall be in writing and delivered by email and either (a) by hand or (b) by mail, postage prepaid, addressed as follows:

To the Town: Dr. Samelia Okpodu, Town Administrator Town of Chesapeake Beach 8200 Bayside Road Chesapeake Beach, MD 27032 SOkpodu@chesapeakebeachmd.gov

With a copy to: Elissa D. Levan, Town Attorney Levan Ruff LLC 2007 Tidewater Colony Drive Annapolis, Maryland 21401 elevan@levanruff.com

To Contractor:

6. Other Payments, Taxes, Expenses: Except as may be specifically agreed upon by the parties in writing, the Contractor shall be entitled to no fees, bonuses, contingent payments, or any other amount in connection with the services to be rendered or materials provided hereunder. The parties hereto further agree that the Town shall have no obligation to reimburse, pay directly or otherwise satisfy any expenses of the Contractor in connection with the performance of its obligations under this Agreement, including, but not limited to, the cost of any insurance or license fees, overhead, mileage, copying, faxes, telephone calls, and other routine office expenses.

The fees payable hereunder shall be paid in gross amount, without reduction for any

Federal or State withholding or other payroll taxes, or any other governmental taxes or charges.

The Contractor is an independent contractor of the Town and is therefore responsible for directly assuming and remitting any applicable Federal or State withholding taxes, estimated tax payments, or any other fees, taxes or expenses whatsoever. If the Contractor is deemed not to be an independent contractor by any government agency, the Contractor agrees to indemnify and hold harmless the Town for all fees, costs and expenses, including but not limited to, attorneys’ fees, incurred thereby.

7. Insurance: The Contractor covenants to maintain the insurance coverages set forth herein.

The Contractor shall provide Certificates of Insurance evidencing such coverages together with its signed Agreement. The Certificates of Insurance shall be on an occurrences basis, shall name the

Town as an additional insured, and shall provide either that (a) the Town shall be given at least mailto:SOkpodu@chesapeakebeachmd.gov mailto:elevan@levanruff.com thirty (30) days prior written notice of the cancellation of, intention not to renew, or material change in the coverage or (b) the Town shall be given such notice of the cancellation of, intention not to renew, or material change in the coverage as is required by the terms of the Contractor’s policy or policies of insurance, and provide copies of the relevant policies to the Town with the

Certificates. All insurance shall include completed operations and contractual liability coverage.

Provision of any insurance required herein does not relieve the Contractor of any of the responsibilities or obligations assumed by the Contractor in the contract awarded, or for which the

Contractor may be liable by law or otherwise.

A. Workers’ Compensation Insurance: The Contractor shall comply with the requirements and benefits established by the State of Maryland for the provision of Workers’ Compensation

Insurance. If the Contractor is an entity eligible to elect an exemption for officers or other employees under any provisions of the Maryland Workers Compensation Act, Md. Code Ann., Lab. & Emp. Art., § 9-101 et seq., the Contractor is required to submit a copy of the relevant

Workers’ Compensation Commission form with proof of filing.

B. Comprehensive General Liability Insurance: The Contractor shall provide general liability insurance in the following amounts:

1. Personal injury liability insurance with a limit of $1,000,000.00 for each occurrence and

$1,000,000.00 aggregate, where insurance aggregates apply;

2. Property damage liability insurance with limits of $250,000.00 for each occurrence and

$500,000.00 aggregate, where aggregates apply. [DELETE IF INAPPLICABLE] Property damage insurance shall specifically include explosion, collapse and underground damage (X, C, U).

C. Automobile Liability Insurance. Motor vehicle insurance meeting the requirements of

Maryland law and covering every vehicle and driver involved in providing the services, in the following amounts:

1. Bodily injury liability with limits of $500,000.00 each person and $1,000,000.00 each accident;

2. Property damage liability with a limit of $100,000 each accident.

D. [DELETE IF INAPPLICABLE]: Professional Liability Insurance. The Contractor shall provide general liability insurance in the following amounts: [INSERT AMOUNT SUFFICIENT

TO PROTECT THE TOWN]

8. Doing Business in Maryland: The Contractor warrants and represents that it has paid all taxes, fees and charges owed by it to any governmental entity. In addition, it warrants and represents that any business entity with which it is affiliated or has been affiliated has paid all taxes, fees and charges owed by it to any governmental agency accrued during any period during which the Contractor was affiliated with the entity. The Contractor warrants and represents that it

(1) is either (a) incorporated in Maryland or (b) registered or qualified by the Maryland State

Department of Assessments and Taxation (SDAT) as required by the Maryland Annotated Code, Corps. & Assocs. Article, to do business in Maryland and (2) is in good standing with SDAT.

9. Performance and Payment Bonds: Performance bond in the amount of 100% of contract amount and payment bond in the amount of 50% of contract amount are required.

10. Maintenance Bond: The Contractor will be required to obtain a Maintenance Bond in the amount of 5% of the Contract amount for a period of one year from the date of substantial completion. Such bond will designate the Town as the Obligee and the Contractor as the Principal.

The Bond shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the State of Maryland. The expense of this Bond shall be borne by the

Contractor. If at any time a Surety on any such Bond is declared bankrupt or loses its right to do business in the State of Maryland, the Contractor shall, within 10 days after notice from the Surety

Company, substitute an acceptable Bond in such form and sum and signed by such other surety or sureties as may be satisfactory to the Town. The premiums on such Bond shall be paid by the

Contractor. No further payments shall be deemed due or shall be made until the new surety or sureties shall have furnished an acceptable Bond to the Town. Should the Contract price be increased by 25% or more before Final Acceptance, the amount of the Maintenance Bond shall be increased accordingly.

11. Compliance with Laws: The Contractor shall, without any additional expense to the

Town, be responsible for complying with all applicable laws, codes and regulations in connection with the services provided by the Contractor, including but not limited to obtaining any licenses required by the Contractor to perform the Services.

12. Indemnification: The Contractor shall be responsible for and indemnify and defend the

Town and hold it harmless from and against all claims for loss, personal injury and/or property damage, including but not limited to, attorneys’ fees and any other costs incurred by the Town in defending any such claim, that may be suffered as a result of the Contractor’s negligence or willful misconduct, or that of its officers, agents, employees or subcontractors, arising from or connected to the performance of the Services, any failure of the materials supplied under this contract, and any failure by the Contractor to perform the obligations of this Agreement. [DELETE IF

INAPPLICABLE:] This indemnification includes claims for loss or damage to the Contractor’s property located or stored on site.

13. Not Assignable: The Contractor shall not assign or transfer any interest or claim under this Agreement except as may be agreed upon and authorized in writing by the Town and no contract shall be made by the Contractor with any other party for furnishing any of the services herein contracted for without the prior approval of the Town.

14. Relief: In the event of a breach or threatened breach of this Agreement by the Contractor, the Contractor consents to the Town’s entitlement to such ex parte, preliminary, interlocutory, temporary or permanent injunctive, or any other equitable relief, protecting and fully enforcing the

Town’s rights hereunder and preventing the Contractor from further breaching any of its obligations set forth herein. The Contractor expressly waives any requirement based on any statute, rule of procedure, or other source, that the Town post a bond as a condition of obtaining any of the above-described remedies. Nothing herein shall be construed as prohibiting the Town from pursuing any other remedies available to the Town at law or in equity for such breach or threatened breach, including the recovery of damages from the Contractor.

15. Town’s Right to Terminate:

A. This Agreement may be terminated by the Town for the convenience of the Town by written notice to the Contractor specifying the termination date of the Agreement.

B. In the event of termination that is not the fault of the Contractor, the Town shall pay to the

Contractor the compensation properly due on work performed for Services properly performed prior to the effective date of the termination.

C. In the event the Contractor breaches or defaults upon its obligations hereunder, or through any cause fails to perform any of the terms, covenants, or provisions of this Contract, or for any cause fails to make progress in work hereunder in a reasonable manner, or if the conduct of the

Contractor impairs or prejudices the interests of the Town, or if the Contractor violates any of the terms, covenants, or provisions of this Contract, the Town shall have the right to terminate this

Contract by giving notice in writing of the termination and date of such termination to the

Contractor. The Town shall have the sole discretion to permit the Contractor to remedy the cause of the contemplated termination without waiving the Town’s right to terminate the Contract. The

Town may take over work to be done under this Agreement and prosecute the work to completion by Contract or otherwise, and the Contractor shall be liable to the Town for all costs in excess of the total amount the Town would have paid the Contractor had there been no breach or default.

D. The Services may be terminated whenever adequate funds have not been appropriated by the Town Council in the annual budget for the purpose set forth herein.