INVITATION FOR BID VENDOR: BID OPENING:

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1 Wiomio County Purhasing Department 125 N. Division Street, Room B-3 Salisbury, Maryland INVITATION FOR BID PROJECT: DEPARTMENT: Pirates Wharf Farm Land Lease Rereation Parks & Tourism VENDOR: NAME: ADDRESS: BID OPENING: DATE: Wednesday, Otober 18, 2017 TIME: 2:30 PM 1

2 TABLE OF CONTENTS SECTION I: INTRODUCTION... 3 A. PURPOSE... 3 B. CLARIFICATION OF TERMS... 3 C. QUESTIONS AND INQUIRES... 3 D. FILLING OUT BID DOCUMENTS... 3 E. SUBMISSION OF BID DOCUMENTS... 3 F. OPENING OF BIDS... 4 G. ACCEPTANCE OR REJECTION OF BIDS... 4 H. QUALIFICATIONS... 5 I. DESCRIPTIVE LITERATURE... 5 J. NOTICE TO VENDORS... 5 K. PIGGYBACKING... 6 SECTION II: GENERAL INFORMATION... 7 A. ECONOMY OF BID... 7 B. PUBLIC INFORMATION ACT (PIA)... 7 C. CONTRACT AWARD... 7 D. AUDIT... 7 E. NONPERFORMANCE... 7 F. MODIFICATION OR WITHDRAWL OF BID... 7 G. DEFAULT... 8 H. COLLUSION/FINANCIAL BENEFIT... 8 I. TAX EXEMPTION... 8 J. CONTRACT CHANGES... 8 K. ADDENDUM... 9 L. EXCEPTIONS/ SUBSTITUTIONS... 9 M. APPROVED EQUALS... 9 N. DELIVERY O. INSURANCE P. BID EVALUATION SECTION III: BID SPECIFICATIONS A. SCOPE B. CONTRACT PRICING C. SUMMARY D. ATTACHMENTS E. GENERAL REQUIREMENTS F. PAYMENT G. QUESTIONS H. AWARD FORM OF BID REFERENCES EXCEPTIONS INDIVIDUAL PRINCIPAL VENDOR S AFFIDAVIT OF QUALIFICATION TO BID NON-COLLUSIVE AFFIDAVIT EXHIBIT A

3 SECTION I: INTRODUCTION A. PURPOSE 1. The purpose of this Invitation for Bid Doument is for Wiomio County ( County ) to ontrat a Farming Lease for the land referred to as Pirates Wharf in onformity with the requirements ontained herein ( Bid Doument(s) ). B. CLARIFICATION OF TERMS 1. Professional firms or individuals that submit a bid for award of a ontrat ( Contrat ) are referred to as vendors ( Vendors ) in this doument. The Vendor that is awarded the Contrat is herein referred to as the ( Suessful Vendor ). C. QUESTIONS AND INQUIRES 1. Questions must be addressed in writing to Wiomio County Purhasing at purhasing@wiomioounty.org. 2. The last date to submit questions for larifiation will be noon on Monday, Otober 9, Addenda are posted on the County website at under Government: Departments: Purhasing: at at least five (5) alendar days before bid opening. 4. It is the Vendors responsibly to make sure all addenda are aknowledged in their bid. Failure to do so ould result in the bid being disqualified. D. FILLING OUT BID DOCUMENTS 1. Use only forms supplied by the County. 2. One (1) unbound original and two (2) bound opies of the bid form and any required attahments must be submitted in the soliitation and an be submitted in the same envelope unless otherwise instruted. 3. Bid Douments should be omplied as follows: (1) Cover letter, (2) Form of Bid, (3) Referenes, (4) Exeptions Doument and Signed addenda, if neessary (5) Individual Prinipal Doument, (6) Vendor s Affidavit of Qualifiation to Bid, and (7) Non-Collusive Affidavit 4. Where so indiated by the make-up of the Bid Douments, sums will be expressed in both words and figures, and in the ase of a disrepany between the two, the amount written in words will govern. In the event there is a disrepany between the unit prie and the extended totals, the unit pries will govern. 5. Any interlineation, alteration, or erasure will be initialed by the signer of the Bid Douments. 6. Eah opy of the Bid Douments will be signed by the person(s) legally authorized to bind the Vendor to a ontrat, using the legal name of the signer. Bid Douments submitted by an agent will have a urrent Power of Attorney attahed ertifying the agent s authority to bind the Vendor. 7. Vendor will supply all information and submittals required by the Bid Douments to onstitute a proper and responsible ompleted Bid Doument pakage. 8. Any ambiguity in the Bid Douments as a result of omission, error, lak of larity or nonompliane by the Vendor with speifiations, instrutions, and/or all onditions of bidding will be onstrued in the light most favorable to the County. E. SUBMISSION OF BID DOCUMENTS 1. All opies of the Bid Douments and any other douments required to be submitted with the Bid Douments will be enlosed in a sealed envelope. The envelope will be addressed to the 3

4 Wiomio County Purhasing Department and will be identified with the projet name: Pirates Wharf Farm Land Lease and the Vendor s name and address. If the Bid Douments are sent by mail, the sealed envelope will be enlosed in a separate mailing envelope with the notation SEALED BID DOCUMENTS ENCLOSED on the fae thereof. 2. Bids must be mailed or hand arried to Wiomio County Purhasing Department, 125 N. Division Street, Government Offie Building, Room B-3, Salisbury, MD 21801, in order to be reeived in the offie of the Purhasing Agent prior to the announed bid deadline. Bids reeived after said time or delivered to the wrong loation will be returned to the Vendor unopened. 3. Bids are due and will be opened at the time listed on the front of this Bid Doument. 4. If you are delivering a bid in person please keep in mind to allow time to sign-in at the seurity station in the lobby. It is fully the responsibility of the Vendor to insure that the bid is reeived on time. 5. The County will not speulate as to reasonableness of the postmark, nor omment on the apparent failure of a publi arrier to have made prompt delivery of the bid. 6. Vendors, or their authorized agents, are expeted to fully inform themselves as to the onditions, requirements, and speifiations before submitting Bid Douments; failure to do so will be at the Vendor s own risk. 7. A fully exeuted Affidavit of Qualifiation to Bid will be attahed to eah Bid Doument. 8. MINORITY VENDORS ARE ENCOURAGED TO PARTICIPATE. 9. All Vendor submitted Bid Douments will be valid for a minimum of sixty (60) days from the date of Bid Doument opening. 10. Eletronially mailed bids are not onsidered sealed bids and will not be aepted. F. OPENING OF BIDS 1. Bid Douments reeived on time will be opened publily and Vendor s names and total osts will be read aloud for the reord. 2. The Contrat will be awarded or all Bid Douments will be rejeted within sixty (60) days from the date of the Bid Doument opening. G. ACCEPTANCE OR REJECTION OF BIDS 1. Unless otherwise speified, the Contrat will be awarded to the most RESPONSIBLE and RESPONSIVE Vendor omplying with the provisions of the Bid Douments, provided the Bid prie is reasonable, does not exeed the funds available, and it is in the best interest of the County to aept it. The County reserves the right to rejet the Bid Douments of any Vendor who has previously failed to perform properly in any way or omplete on time ontrats of a similar nature; or a Bid Doument from a Vendor who, investigation shows, is not in a position to perform the Contrat; or Bid Douments from any person, firm, or orporation whih is in arrears or in default to the County for any debt or ontrat. 2. Completed Bid Douments from Vendors debarred from doing business with the State of Maryland or the Federal Government will not be aepted. 3. In determining a Vendor s RESPONSIBILITY, the County may onsider the following qualifiations, in addition to prie: a. Ability, apaity, and skill to provide the ommodities or servies required within the speified time, inluding future maintenane and servie, and inluding urrent finanial statement or other evidene of peuniary resoures and neessary failities. 4

5 b. Charater, integrity, reputation, experiene and effiieny.. Quality of past performane on previous or existing ontrats, inluding a list of urrent and past ontrats and other evidene of performane ability. d. Previous and existing ompliane with laws and ordinanes relating to ontrats with the County and to the Vendor s employment praties. e. Evidene of adequate insurane to omply with Contrat terms and onditions. f. Statement of urrent work load and apaity to perform/provide the Goods and/or Servies. g. Explanation of methods to be used in fulfilling the Contrat. h. The Vendor, if requested, will be prepared to supply evidene of its qualifiations, listed above, and its apaity to provide/perform the Goods and/or Servies; suh evidene to be supplied within a speified time and to the satisfation of the County. 4. In determining a Vendor s RESPONSIVENESS, the County will onsider whether the Bid Doument onforms in all material respets to the Bid Douments. The County reserves the right to waive any irregularities that may be in its best interest to do so. 5. The County will have the right to rejet any and all Bid Douments, where appliable to aept in whole or in part, to add or delete quantities, to waive any informalities or irregularities in the Bid Doument reeived, to rejet a Bid Doument not aompanied by required Bid seurity or other data required by the Bid Douments, and to aept or rejet any Bid Doument whih deviates from speifiations when in the best interest of the County. Irrespetive of any of the foregoing, the County will have the right to award the Contrat in its own best interests. H. QUALIFICATIONS 1. The Vendor must be in ompliane with the laws regarding onduting business in the State of Maryland. All Vendors shall provide a opy Certifiate of Status from the Maryland Department of Assessments and Taxation, evidening the Vendor is in good standing with the State of Maryland. See for information on obtaining the Certifiate of Status. Certifiates of status are not available for trade names, name reservations, government agenies, sole proprietorships, and some other aounts as these are not legal entities and thus are not required for these ategories of Vendors. For more information on the Certifiate of Status please see 2. Wiomio County reserves the right, at its sole disretion, to extend the date this doumentation must be provided. The Vendor s inability to provide this doumentation ould result in the bid being rejeted. 3. All Vendors who wish to bid on County projets and ontrats need to register as a bidder at by heking off the ategories for whih you wish to be informed of future bids. I. DESCRIPTIVE LITERATURE 1. The proposed desriptive literature fully desribing the produt bid is what is intended to be inluded as the prie. Failure to do so may be ause for rejetion of the bid. 2. Any items, systems or devies supplied in this bid that are proprietary in nature relative to maintenane, repair, serviing or updating must be dislosed on the bid form. J. NOTICE TO VENDORS 5

6 1. Before a Vendor submits the Bid Douments it will need to beome fully informed as to the extent and harater of the Goods and/or Servies required and are expeted to ompletely familiarize themselves with the requirements of this Bid Doument s speifiations. Failure to do so will not relieve the Vendor of the responsibility to fully perform in aordane therewith. No onsideration will be granted for any alleged misunderstanding of the material to be furnished or the Servies to be performed, it being understood that the submission of a Bid Doument is an agreement with all of the items and onditions referred to herein. K. PIGGYBACKING 1. Wiomio County may authorize, upon request, any governmental entity (hereafter Authorized User) within the County to purhase items under the ontrat awarded pursuant to this bid soliitation. 2. All purhase orders issued against the ontrat by an authorized User shall be honored by the Suessful Vendor in aordane with all terms and onditions of this ontrat. 3. The issuane of a purhase order by an Authorized User pursuant to this provision shall onstitute an express assumption of all ontratual obligations, ovenants, onditions and terms of the ontrat. A breah of the ontrat by any partiular Authorized User shall neither onstitute nor be deemed a breah of the ontrat as a whole whih shall remain in full fore and effet, and shall not affet the validity of the ontrat nor the obligations of the Suessful Vendor thereunder respeting the County. 4. The County speifially and expressly dislaims any and all liability for any breah by an Authorized User other than the County and eah suh Authorized User and Suessful Vendor guarantee to save the County, its offiers, agents and employees harmless from any liability that may be or is imposed by the Authorized User s failure to perform in aordane with its obligations under the ontrat. END OF SECTION 6

7 SECTION II: GENERAL INFORMATION A. ECONOMY OF BID 1. Bid Douments will be prepared simply and eonomially, providing straightforward and onise desription of the Vendor s apabilities to satisfy the requirements of the Bid Douments. Emphasis should be on ompleteness and larity of ontent. Elaborate brohures and other representations beyond that suffiient to present a omplete and effetive Bid Doument are neither required nor desired. B. PUBLIC INFORMATION ACT (PIA) 1. Wiomio County is subjet to the Maryland Publi Information At and may be required to release bid submissions in aordane with the At. 2. Any materials the Vendor deems to be proprietary or opyrighted must be marked as suh; however, the material may still be subjet to analysis under the Maryland Publi Information At. C. CONTRACT AWARD 1. A written award by the County to the Suessful Vendor in the form of an Award Letter or other ontrat doument will result in a binding Contrat without further ation by either party. If the Suessful Vendor fails or refuses to sign and deliver the Contrat and the required insurane doumentation, the County will have the right to award to the next responsible and responsive Vendor. Contrat will be exeuted by the Suessful Vendor within fourteen (14) alendar days of reeipt of the Contrat. 2. Bid Douments and Contrats issued by the County will bind the Vendor to appliable onditions and requirements herein set forth, unless otherwise speified in the Bid Douments, and are subjet to all federal, state, and muniipal laws, rules, regulations, and limitations. 3. County personal property taxes ( Taxes ) must be on a urrent basis; if any suh Taxes are delinquent, they must be paid before award of Contrat. Failure to pay will result in the award of Contrat to another Vendor. 4. The County reserves the right to engage in individual disussions and interviews with those Vendors deemed fully qualified, responsible, suitable and professionally ompetent to provide the required Goods and/or Servies should the projet size warrant it. Vendors will be enouraged to elaborate on their qualifiations, performane data, and staff expertise. D. AUDIT 1. The Suessful Vendor agrees to retain all books, reords, and other douments relative to the awarded Contrat for five (5) years after final payment, or until audited. The County, its authorized agents, and/or State auditors will have full aess to and the right to examine any of said materials during said period. E. NONPERFORMANCE 1. The County reserves the right to inspet all operations and to withhold payment for any goods not performed or not performed in aordane with the speifiations in this Bid Doument. Errors, omissions or mistakes in performane will be orreted at no ost to the County. Failure to do so will be ause for withholding of payment for that Goods and/or Servies. In addition, if defiienies are not orreted in a timely manner, the County may haraterize the Suessful Vendor as unooperative, whih may jeopardize future projet order soliitations. F. MODIFICATION OR WITHDRAWL OF BID 7

8 1. A Bid Doument may not be modified, withdrawn, or anelled by the Vendor during the stipulated time period following the time and date designated for the reeipt of Bid Douments, and eah Vendor so agrees in submitting Bid Douments. G. DEFAULT 1. The Contrat may be anelled or annulled by the County in whole or in part by written notie of default to the Suessful Vendor upon non-performane, violation of Contrat terms, delivery failure, bankrupty or insolveny, any violation of state or loal laws, or the making of an assignment for the benefit of reditors. An award may then be made to the next most highly rated Vendor, or when time is of the essene, similar ommodities and/or servie may be purhased on the open market. In either event, the defaulting Vendor (or his surety) will be liable to the County for ost to the County in exess of the defaulted Contrat prie. 2. If a representative or warranty of either Party to the Contrat is false or misleading in any material respet, or if either Party breahes a material provision of the Contrat ( Cause ), the non-breahing Party will give the other Party written notie of suh ause. If suh Cause is not remedied within fifteen (15) alendar days ( Cure Period ) after reeipt of suh notie, (unless, with respet to those Causes whih annot be reasonably orreted or remedied within the Cure Period, the breahing Party will have ommened to orret or remedy the same within suh Cure Period and thereafter will proeed with all due diligene to orret or remedy the same), the Party giving notie will have the right to terminate this Contrat upon the expiration of the Cure Period. H. COLLUSION/FINANCIAL BENEFIT 1. The Vendor ertifies that his/her Bid is made without any previous understanding, agreement, or onnetion with any person, firm, or orporation making a Bid Doument for the same projet; without prior knowledge of ompetitive pries; and is in all respets fair, without outside ontrol, ollusion, fraud, or otherwise illegal ation. 2. Upon signing the Bid Doument, Vendor ertifies that no member of the governing body of the County, or members of his/her immediate family, inluding spouse, parents or hildren, or any other offier or employee of the County, or any member or employee of a Commission, Board, or Corporation ontrolled or appointed by the Exeutive or Counil has reeived or has been promised, diretly or indiretly, any finanial benefit, related to this Bid Doument and subsequent Contrat. I. TAX EXEMPTION 1. In buying produts diretly from a Vendor Wiomio County is exempt from being diretly harged Federal exise and Maryland sales tax. A opy of an exemption ertifiate shall be furnished upon request. 2. Aording to the Offie of the Comptroller of Maryland, a Contrator is responsible for paying sales tax on his/her purhases relating to any projets or servies and should inorporate it into their bid. 3. Suessful Vendors annot use the County tax exemption to buy materials or produts used on County projets. J. CONTRACT CHANGES 1. NO CLAIMS may be made by anyone that the sope of the projet or that the Vendor s Goods and/or Servies have been hanged (requiring hanges to the amount of ompensation to the Vendor or other adjustments to the Contrat) UNLESS suh hanges or adjustments have been made by an approved WRITTEN AMENDMENT (Change Order) to the Contrat signed by the 8

9 Purhasing Agent (and the County Counil, if required), prior to additional Goods and/or Servies being initiated. Extra Goods and/or Servies performed without prior, approved, written authority will be onsidered as unauthorized and at the expense of the Vendor. Payment will not be made by the County. 2. NO ORAL onversations, agreements, disussions, or suggestions, whih involve hanges to the sope of the Contrat, made by anyone inluding any County employee, will be honored or valid. No written agreements or hanges to the sope of the Contrat made by anyone other than the Purhasing Agent (with County Counil approval, if required) will be honored or valid. 3. If any Change Order in the Goods and/or Servies results in a redution in the Goods and/or Servies, the Vendor will neither have, nor assert any laim for, nor be entitled to any additional ompensation for damages or for loss of antiipated profits on Goods and/or Servies that are eliminated. K. ADDENDUM 1. No oral statements of any person will modify or otherwise affet or interpret the meaning of the Contrat speifiations, or the terms, onditions, or other portions of the Contrat. All modifiations and every request for any interpretation must be addressed to the Wiomio County s Purhasing Agent and to be given onsideration, must be reeived no later than the last day for questions listed in Setion I, Subsetion C Any and all interpretations, orretions, revisions, and amendments will be issued by the Purhasing Agent to all holders of Bid Douments in the form of written addenda. Vendors are autioned that any oral statements made by any County employee that materially hange any portion of the Bid Douments will not be relied upon unless subsequently ratified by a formal written amendment to the Bid Doument. 3. All addenda will be issued so as to be reeived at least five (5) days prior to the time set for reeipt of Bid Douments, and will beome part of the Contrat and will be aknowledged in the Bid Doument form. Failure of any Vendor to reeive any suh addenda will not relieve said Vendor from any obligation under the Bid Doument as submitted. 4. Vendors are autioned to refrain from inluding in their Bid Doument any substitutions whih are not onfirmed by written addenda. To find out whether the County intends to issue an amendment refleting an oral statement made by any employee, ontat the Wiomio County s Purhasing Agent during normal business hours. 5. The Wiomio County Purhasing Agent reserves the right to postpone the Bid Doument opening for any major hanges ourring in the 5-day interim whih would otherwise neessitate an Addendum. L. EXCEPTIONS/ SUBSTITUTIONS 1. Any exeptions or substitutions to the speifiations requested should be marked on the bid form and listed on a separate sheet of paper attahed to the bid. 2. An exeption to the speifiations may disqualify the bid. The County will determine if the exeption is an essential deviation or a minor item. 3. In the ase of a minor deviation, the County maintains the option to award to that Vendor if it determines the performane is not adversely affeted by the exeption. M. APPROVED EQUALS 9

10 1. In all speifiations where a material or artile is defined by desribing a proprietary produt or by using the name of a Vendor or manufaturer, it an be assumed that an approved equal an be substituted. 2. The use of a named produt is an attempt to set a partiular standard of quality and type that is familiar to the County. Suh referenes are not intended to be restritive. 3. However, the County shall deide if a produt does in fat meet or exeed the quality of the speifiations listed in the soliitation. It shall be the responsibility of the Vendor that laims his produt is an equal to provide doumentation to support suh a laim. N. DELIVERY 1. All items shall be delivered F.O.B. destination and delivery osts and harges inluded in the bid unless otherwise stated in the speifiations or bid form. O. INSURANCE 1. If required by the General Conditions or Terms and Conditions, the Suessful Vendor shall provide the County with Certifiates of Insurane within ten (10) alendar days of bid award notifiation evidening the required overage. 2. Suessful Vendor must provide Certifiates of Insurane before ommening work in onnetion with the Contrat. P. BID EVALUATION 1. If some harateristi of the bid requires that the bid must be reviewed by the County Counil, the award an be expeted within 30 alendar days. 2. Bid tabulations will be posted on the County website at and lik on the box Show Closed/Awarded/Canelled Bids and find the bid tabulation for the bid you are interested in. Bid tabulations will be posted as soon as reasonably possible after the Bid opening. END OF SECTION 10

11 SECTION III: BID SPECIFICATIONS A. SCOPE 1. The County is seeking bids from qualified Vendors to enter into a Lease Agreement for Farming Rights to a parel of land referred to as Pirates Wharf in aordane with the terms and onditions and speifiations set forth in this soliitation. B. CONTRACT PRICING 1. Contrat priing will be valid from January 1 st, 2018 through Deember 31 st, 2018 ( Contrat Period ). 2. Priing will not hange during the Contrat Period. C. SUMMARY 1. The Department of Rereation Parks & Tourism is soliiting sealed bids to lease land for farming purposes. 2. The property onsists of approximately sixty-five. seven (65.7) +/- ares of tillable land loated southeast of Whitehaven Road as indiated on County tax map 55, grid 6, as a part of parel 128, owned by Wiomio County, loated in the Quantio Eletion Distrit. 3. The lease is for the purpose of farming rops. No livestok or poultry are permitted. 4. A sample Lease Agreement and map is inluded in this Bid Doument D. ATTACHMENTS 1. Farm Lease doument. 2. Aerial map with property boundaries marked. E. GENERAL REQUIREMENTS 1. The Suessful bidder must be liensed to perform Work in the state of Maryland. F. PAYMENT 1. The Suessful bidder will submit payment for one (1) full year at the time of the fully exeuted lease. G. QUESTIONS 1. The last day for questions is listed under Setion I, Subsetion C.2. H. AWARD 1. The County intends to award to the Highest Responsive and Responsible Bidder meeting the speifiations. END OF SECTION THIS AND PREVIOUS SECTIONS, OTHER THAN THE COVER PAGE, DO NOT NEED TO BE RETURNED WITH SUBMITTAL 11

12 FORM OF BID To whom it may onern: We hereby submit our Bid Douments for Pirates Wharf Farm Land Lease as indiated in the Bid Douments. Having arefully examined the Bid Douments and having reeived larifiation on all items of onflit or upon whih any doubt arose, the undersigned hereby requests onsideration of our Vendor for award of the referened Bid. ITEM 1 DESCRIPTION Lessor hereby offers the rental prie for the farming rights on said property for one (1) year, payable in full upon exeution of a Farming Rights Liense Agreement, as stated in the Bid Speifiations. RENT AMOUNT PER ACRE ONE YEAR TOTAL RENT (65.7 ACRES) Vendor agrees to have read and understands the requirements for entering into a lease for farming purposes on approximately 65.7 ares of tillable land (more or less) loated on the southeasterly side of Whitehaven Road, on the property known as Pirates Wharf. (Yes) (No) Is your ompany urrently involved in any ative litigation? (Yes) (No) CHECK One. Is your ompany urrently involved in any mergers or aquisitions? (Yes) (No) CHECK One. The Vendor agrees that their bid will be good for at least sixty (60) days unless otherwise indiated in the bid speifiations. NOTE: THIS BID FORM MUST BE SIGNED BY AN OFFICER OF YOUR COMPANY OR AN AUTHORIZED AGENT FOR THIS BID TO BE CONSIDERED VALID BY THE COUNTY. Sign for Identifiation Printed Name Title 12

13 REFERENCES List three (3) referenes for whih the Vendor has provided Goods/Servies similar to those requested in the Bid Doument within the last months. Inlude ontat name, address, telephone number, address and servies provided. Company Name: Type of Projet: Address: Town, State, Zip Code: Contat Person: Telephone Number: Date of Servie: Company Name: Type of Projet: Address: Town, State, Zip Code: Contat Person: Telephone Number: Date of Servie: Company Name: Type of Projet: Address: Town, State, Zip Code: Contat Person: Telephone Number: Date of Servie: Sign for Identifiation Printed Name 13

14 EXCEPTIONS The undersigned hereby ertifies that, exept as listed below, or on separate sheets attahed hereto, the enlosed Completed Bid Doument overs all items as speified. EXCEPTIONS: (If none, write NONE) THE VENDOR HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA. Number Date Initials Sign for Identifiation Printed Name 14

15 INDIVIDUAL PRINCIPAL Vendor Name: Signed By: In the presene of: Address of Vendor: Town, State, Zip Telephone No.: Fax: ******************************************************************************** CO-PARTNERSHIP PRINCIPAL Name of Co-Partnership: Address: Town, State, Zip Telephone No.: Fax: Signed By: In the presene of: Partner Witness Signed By: In the presene of: Partner Witness Signed By: In the presene of: Partner Witness ******************************************************************************** CORPORATE PRINCIPAL Name of Corporation: Address: Town, State, Zip Telephone No.: Fax: Signed By: In the presene of: President Witness Attest: Corporate Seretary Affix Corporate Seal 15

16 VENDOR S AFFIDAVIT OF QUALIFICATION TO BID I HEREBY AFFIRM THAT: I, am the (Printed Name) (title) and the duly authorized representative of the Vendor of whose address is (name of orporation) and that I possess the legal authority to make this affidavit on behalf of myself and the Vendor for whih I am ating. Exept as desribed in paragraph 3 below, neither I nor the above Vendor, nor to the best of my knowledge and of its offiers, diretors or partners, or any of its employees diretly involved in obtaining ontrats with the State or any ounty, bi-ounty or multi-ounty ageny, or subdivision of the State have been onvited of, or have pleaded nolo-ontendere to a harge of, or have during the ourse of an offiial investigation or other proeeding admitted in writing or under oath ats or omissions whih onstitute bribery, attempted bribery, or onspiray to bride under the provisions of Artile 27 of the Annotated Code of Maryland or under the laws of any state or federal government (ondut prior to July 1, 1977 is not required to be reported). (State none or, as appropriate, list any onvition, plea or admission desribed in paragraph 2 above, with the date, ourt, offiial or administrative body, the individuals involved and their position with the Vendor, and the sentene or disposition, if any.) I aknowledge that this affidavit is to be furnished to the County, I aknowledge that, if the representations set forth in this affidavit are not true and orret, the County may terminate any Contrat awarded and take any other appropriate ation. I further aknowledge that I am exeuting this affidavit in ompliane with setion 16D of Artile 78A of the Annotated Code of Maryland, whih provides that ertain persons who have been onvited of or have admitted to bribery, attempted bribery or onspiray to bribe may be disqualified, either by operation of law or after a hearing, from entering into ontrats with the State or any of its agenies or subdivisions. I do solemnly delare and affirm under the penalties of perjury that the ontents of this affidavit are true and orret. Sign for Identifiation Printed Name 16

17 NON-COLLUSIVE AFFIDAVIT being first duly sworn, deposes and says that: 1. He/she is the, (Owner, Partner, Offier, Representative or Agent) of, the Vendor that has submitted the attahed Bid Douments; 2. He/she is fully informed respeting the preparation and ontents of the attahed Bid Doument and of all pertinent irumstanes respeting suh Bid Douments; 3. Suh Bid Doument is genuine and is not a ollusive or sham Bid Doument; 4. Neither the said Vendor nor any of its offiers, partners, owners, agents, representatives, employees or parties in interest, inluding this affiant, have in any way olluded, onspired, onnived or agreed, diretly or indiretly, with any other Vendor, firm, or person to submit a ollusive or sham Bid Doument in onnetion with the Work for whih the attahed Bid Doument has been submitted; or to refrain from bidding in onnetion with suh Work; or have in any manner, diretly or indiretly, sought by agreement or ollusion, or ommuniation, or onferene with any Vendor, firm, or person to fix the prie or pries in the attahed Bid Doument or of any other Vendor, or to fix any overhead, profit, or ost elements on the Bid Doument prie or the Bid Doument prie of any other Vendor, or to seure through any ollusion, onspiray, onnivane, or unlawful agreement any disadvantage against (Reipient), or any person interested in the Work; 5. The prie or pries quoted in the attahed Bid Doument are fair and proper and are not tainted by any ollusion, onspiray, onnivane, or unlawful agreement on the part of the Vendor or any other of its agents, representatives, owners, employees or parties in interest, inluding this affiant. Signed, sealed and delivered in the presene of: Witness Witness By: Signature Printed Name Title 17

18 EXHIBIT A WICOMICO COUNTY MARYLAND STANDARD TERMS AND CONDITIONS The provisions below are appliable to all Wiomio County ( County ) ontrats. These provisions are not a omplete agreement. The provisions must be attahed to an exeuted doument that identifies the work to be performed, ompensation, term, inorporated attahments, and any speial onditions. This doument and the Contrat are intended to be omplementary. If the terms and onditions and the Contrat onflit, then the Contrat will prevail. The term Contrat inludes a doument entitled agreement or other title denoting a ontrat. The Wiomio County Exeutive is the person authorized to enter ontrats for Wiomio County. Amendment. This Contrat is the entire agreement between the parties. All other prior ommuniations related to this Contrat are superseded by this Contrat. No amendment to this Contrat is binding unless in writing and signed by the parties. Bankrupty. Upon the filing of a bankrupty proeeding by or against the Contrator or upon the appointment of a reeiver, trustee, or assignee for the benefit of reditors: A. The Contrator must notify the County immediately; and B. The County may anel the Contrat or affirm the Contrat and hold the Contrator responsible for damages. Compliane with Law. The Contrator warrants that: A. The exeuted Contrat will be a valid obligation enforeable in aordane with its terms; B. Contrator will perform in a workmanlike manner and in aordane with appliable professional standards; C. Contrator is qualified to do business in the State of Maryland and that it will remain qualified; D. Contrator is not behind in the payment of any obligations due to the County and that it will not beome behind during the term of this Contrat; E. Contrator will omply with all appliable federal, State, loal laws, regulations, and ordinanes; and F. Contrator will obtain, at its expense, all lienses, permits, insurane, and governmental approvals needed to perform its obligations under this Contrat. Contingent Fee Prohibition. The Contrator warrants that it has not direted anyone, other than its employee or agent, to soliit this Contrat and that it has not promised to pay anyone a ommission, perentage, brokerage fee, ontingent fee, or other onsideration ontingent on the making of this Contrat. Counterparts and Signature. This Contrat may be exeuted in several ounterparts, eah of whih may be an original and all of whih will onstitute the same instrument. Unless otherwise speified by the County, this Contrat may be signed in writing or by eletroni signature, inluding by . An eletroni signature, a fasimile opy, or omputer image of this Contrat will have the same effet as an original signed opy. Fore Majeure. The parties are not responsible for delay or default aused by fire, riot, ats of God, County-delaration-of-emergeny, or war beyond their reasonable ontrol. The parties must make all 18

19 reasonable efforts to eliminate a ause of delay or default and must, upon essation, diligently pursue their obligations under the Contrat. Governing Law. This Contrat is governed by the laws of the State of Maryland and Wiomio County. Indemnifiation. The Contrator will indemnify the County, its offiers, agents, and employees from all liability, penalties, osts, losses, damages, expenses, auses of ation, laims, or judgments (inluding Attorney s fees) resulting from injury to or death of any person or damage to property of any kind, whih injury, death, or damage arises out of, or is in any way onneted with the performane of the work or failure to perform its obligations under this Contrat. This obligation applies to any ats, omissions, or negligent ondut, inluding ats or omissions of Contrator s agents or employees, exept that it is not appliable to injury, death, or damage to the property arising from the sole negligene of Wiomio County, its offiers, agents, or employees. Independent Contrator. A. Contrator is an Independent Contrator. Although the County may determine the delivery shedule for the work and evaluate the quality of the work, the County will not ontrol the means or manner of the Contrator s performane. The Contrator will omply promptly with County requests relating to the emphasis to be plaed on aspets of the work. But Contrator is responsible for determining the appropriate means and manner of performing the work. B. Contrator warrants that Contrator is not an employee of the County, is not urrently employed by the Federal Government, and is not an offier, employee, or agent of the County. C. Contrator is responsible for all federal or state taxes appliable to any ompensation or payments paid to Contrator under this Contrat. Contrator is not eligible for any federal Soial Seurity, unemployment insurane, or workers ompensation benefits from ompensation paid to Contrator. D. Contrator agrees to immediately provide the County notie of any laim made against Contrator by any third party. Contrator also agrees not to assign to any third party, without the County s written onsent, any obligation of the County to indemnify Contrator for any ations under this Contrat. Insurane Requirements. A. Contrator must obtain and keep in effet Commerial General Liability Insurane in the amounts listed below for its ativities and operations. The insurane must inlude overage for personal injury, disrimination, and ivil rights violation laims. All insurane must name County, its employees, and agents as ADDITIONAL INSURED. A opy of the ertifiate of insurane must be filed with the County prior to the time this Contrat is exeuted, providing overage in the amount of $1,000,000 per ourrene, $2,000,000 general aggregate, and $500,000 for property damage. Coverage must be written on an ourrene form. B. Contrator must obtain and keep in effet, automobile insurane on all vehiles used in this Contrat to protet Contrator against laims for damages resulting from bodily injury, inluding wrongful death, and property damage that may arise from the operations of any owned or hired automobiles used by Contrator in onnetion with the Contrat. All insurane must name County, its employees, and agents as ADDITIONAL INSURED. C. Contrator must provide the County with a ertifiation of Workers Compensation Insurane, with employer s liability in the minimum amount required by Maryland law in effet for eah year of this Contrat. 19

20 D. All insurane poliies must have a minimum 30 days notie of anellation. The County must be notified immediately upon anellation or restrition by the insurane ompany of any insurane poliy referred to in this setion. E. When insurane overage is renewed, Contrator must provide new ertifiates of insurane prior to expiration of urrent poliies. Nondisrimination. Contrator may not disriminate against any worker, employee, or appliant beause of religion, rae, sex, age, sexual orientation, physial or mental disability, or pereived disability. Contrator agrees that this provision will be inorporated in all subontrats related onnetion to this Contrat. Ownership of Douments and Materials; Intelletual Property. A. The Contrator agrees that all douments, inluding reports, drawings, studies, speifiations, estimates, maps, photographs, designs, graphis, mehanials, artwork, or omputations prepared for this Contrat will be available to the County upon request and beome the exlusive property of the County upon termination or ompletion of the servies. The County has the right to use the douments without restrition or without additional ompensation to the Contrator. The County will be the owner of the douments for the purposes of opyright, patent, or trademark registration. B. If the Contrator obtains, uses, or subontrats for any intelletual property, then it must provide an assignment to the County of ownership or use of the intelletual property. C. The Contrator must indemnify the County from all laims of infringement related to the use of any patented design, devie, materials, or proess, or any trademark or opyright, and must indemnify the County, its offiers, agents, and employees with respet to any laim, ation, osts, or infringement, for royalties or user fees, arising out of purhase or use of materials, onstrution, supplies, equipment, or servies overed by this Contrat. Payments. Payments to the Contrator pursuant to this Contrat will be within 30 days of the County s reeipt of a proper invoie from the Contrator. If an invoie remains unpaid 45 days after the invoie was reeived, interest will be harged at a rate of 6% per year. Reords. Contrator must maintain all fisal reords relating to this Contrat in aordane with generally aepted aounting priniples. Contrator must maintain any other reords pertinent to this Contrat in a manner that learly douments Contrator s performane. Contrator agrees that the County and its agents an all reords of the Contrator that are relevant to this Contrat. All relevant reords must be retained by Contrator and kept aessible for at least three years after final payment, termination of this Contrat, or until the onlusion of any audit, ontroversy, or litigation related to this Contrat, whihever is later. All subontrats must omply with these provisions. Remedies. A. Corretions of errors, defet and omissions. Contrator agrees to perform work neessary to orret errors, defets, and omissions in the servies required under this Contrat, without undue delays and without ost to the County. The County s aeptane of the work will not relieve the Contrator of the responsibility of subsequent orretions of errors. B. Set Off. The County may dedut from any amounts payable to the Contrator any bak-harges, penalties, or damages sustained by the County, its agents, or employees aused by Contrator s breah. Contrator will not be relieved of liability for any osts aused by a failure to satisfatorily perform the servies. 20

21 C. Cumulative. These rights and remedies of County and Contrator are umulative and without waiver of any other rights or remedies. Responsibility of Contrator. A. The Contrator must perform the servies with the standard of are, skill, and diligene normally provided by a Contrator in the performane of servies similar the servies. B. Notwithstanding any review, approval, aeptane, or payment for the servies by the County, the Contrator will be responsible for the auray of any work, design, drawings, speifiations, and materials furnished by the Contrator under this Contrat. C. If the Contrator fails to perform the servies in onformane with the standard set forth in subparagraph A above, then it must, if required by the County, perform at its own expense any servie neessary for the orretion of any defiienies or damages resulting from the Contrator s failure. This obligation is in addition to any other remedy available to the County. Severability/Waiver. If a ourt finds any term of this Contrat to be invalid, the validity of the remaining terms will not be affeted. The remaining terms will be onstrued as if the Contrat did not ontain the invalid term. The failure of either party to enfore any term of this Contrat is not a waiver by that party. Subontrating or Assignment. The Contrator may not subontrat or assign any part of the Contrat without the prior written onsent of the County. The County has the right to withhold onsent for any reason the County deems appropriate. Substane Abuse and Drug Testing. Contrators and its employees are subjet to the County s poliy on substane abuse and drug testing for the use, possession, or sale of drugs or alohol while performing County business or while in a County faility. Violation or refusal to ooperate may result in a ban from County failities or from partiipating in County operations. Survival. The terms, onditions, representations, and all warranties ontained in this Contrat survive the termination or expiration of this Contrat. Termination. If the Contrator violates any provision of the Contrat, the County may terminate the Contrat by written notie to the Contrator. The notie will speify the ause for termination. All finished or unfinished work provided by the Contrator will, at the County s option, beome the County s property. The County will pay the Contrator fair ompensation for satisfatory performane that ourred before termination less the amount of damages aused by the Contrator s breah. If the damages are more than the ompensation payable to the Contrator, the Contrator will remain liable after termination and the County an affirmatively ollet damages. Termination of Contrat for Conveniene. Upon written notie, the County may terminate the Contrat, in whole or in part, when the County determines termination is in the County s best interest. Termination for onveniene is effetive on the date speified in the County s written notie. The County will pay for reasonable osts alloable to the Contrat for work or osts inurred by the Contrator up to the date of termination. But the Contrator will not be reimbursed for any antiipatory profits that have not been earned up to the date of termination. Termination of Multi-year Contrat. If funds are not available for any fisal period of this Contrat after the first fisal period, then this Contrat will be anelled automatially as of the beginning of unfunded fisal period. The effet of termination of the Contrat will be to disharge both the Contrator and the County from future performane of the Contrat but not from their rights and obligations existing at the time of termination. The Contrator will be reimbursed for the reasonable value of any non-reurring osts inurred but not amortized in the prie of the Contrat. The County will notify the Contrator if it 21

22 has knowledge that funds are not available for the ontinuation of this Contrat for a fisal period beyond the first period. Third Party Benefiiaries. The County and Contrator are the only parties to this Contrat and are the only parties entitled to enfore its terms. Nothing in this Contrat gives any benefit or right to third persons unless individually identified by name and expressly desribed as intended benefiiaries of the terms of this Contrat. Time is of the essene. Time is of the essene in Contrator s performane of eah and every obligation and duty under this Contrat. Use of County Failities. Contrator and its employees or agents have the right to use only those failities of the County that are neessary to perform the servies under this Contrat. County has no responsibility for the loss, theft, disappearane of or damage to equipment, tools, materials, supplies, or other personal property of Contrator or its employees, subontrators, or agents whih may be stored on County premises. Whole Contrat. This Contrat onstitutes the omplete and exlusive statement of the Contrat between the parties relevant to the purpose desribed and supersedes all prior agreements or proposals, oral or written, and all other ommuniation between the parties relating to the subjet matter of this Contrat. 22

23 Farm Lease Pirate s Wharf Park This Farm Lease, made this day of 2017, between Wiomio County, Maryland ( Lessor ), and ( Lessee ). The Parties agree as follows: 1. Premises: 1.1 The Lessor leases to Lessee, sixty-five. seven (65.7) ares of tillable land (more or less), loated on the southeasterly side of Whitehaven Road that is part of the property aquired by Wiomio County, Maryland by deed reorded at Liber 1564, Folio 379 ( Premises ). 1.2 If the Parties disagree on the property intended to be leased, the Lessor s determination of the Premise s boundaries is final. 1.3 Lessee aepts the Property in as is ondition with any and all faults at the time of the exeution of this Lease. 2. Term: 2.1 The term of this Lease shall be for one (1) year ommening on January 1, 2018 and terminating on Deember 31, Rent: 3.1 The Lessee must pay the rental payment of dollars ($ ) per are for a total of dollars and ents ($ ). 3.2 The rental shall be paid in full for the year by the Lessee to the Lessor at the time this agreement is exeuted. 4. Taxes: 4.1 Lessee is responsible under Maryland Code, Tax-Prop. Art for the payment of property taxes. Failure to pay the property taxes due will be ause to terminate this Lease. Lessee s obligation to pay property taxes is limited to the tax inurred on the land leased under this Lease and designated for farming. 5. Use: 5.1 The Lessee must use the premises for agriultural and related purposes. 5.2 The Lessee shall manage the premises in a good and husband-like manner and shall keep the whole in good ondition. 5.3 The Lessee will not allow the land to beome impoverished. 5.4 The Lessee will keep the arable land lean and free from weeds. 5.5 The Lessee will not plant any prejudiial rops on the Premises. 6. Assignment and Subletting: 6.1 The premises must not be assigned or sublet without the prior written onsent of the Lessor. 7. Waste: 7.1 Lessee must not ommit waste on or damage to the farm; Lessee will use due are to prevent others from doing so. 8. Indemnifiation: 23

24 8.1 The Lessee must indemnify the Lessor against all laims or demands for loss of or damage to property or for injury or death to any person from any ause upon or about the leased premises, adjaent roads, or walkways aused by the Lessor or its agents during the term of this Lease. 8.2 Lessee releases Lessor and its agents from all laims, auses, ations, or damages related to the ondition of the property as it exists now or in the future. 8.3 The Lessee must pay all osts, expenses and attorney s fees inurred or paid by the Lessor in enforing the terms of this Lease, whether inurred beause of litigation or otherwise. 9. Insurane: 9.1 During the Lease terms the Lessee must keep in fore general liability insurane against laims for personal injury or property damage in an amount of at least one million dollars ($1,000,000.00). Any poliy must name the Lessor and the Lessee as the insured and be issued by an insurane ompany satisfatory to the Lessor. Within ten (10) days of signing this lease, the Lessee must deliver to the Lessor ertifiations that the insurane in effet. 10. Surrender of Premises: 10.1 If Lessor determines that any part of the leased Premises is needed for County use, then the Lessor will give the Lessee notie at any time before the end of the alendar year. At the end of the alendar year, the Lease will be terminated for the property designated by the notie. The rent for the remaining property will be adjusted aording to the per are rate established by this Lease in Setion Crop Restritions: 11.1 Lessor is subjet to the following restritions: 11.2 The Lessor has the right to prevent any rop prodution on any part of the Premises where the prodution of the rop would damage the land The Lessee must use fertilization praties whih will prevent depletion of the essential plant food elements in the soil The Lessee must provide suffiient quantities of lime to keep the soil at proper ph for rop prodution The Lessee must not bring any livestok or poultry on the Premises and will not use any buildings without the express approval of the Lessor Fertilizers or manures must not be stored on the Premises. All manure must be spread and tilled using ommonly aepted farming praties unless Lessor approves in writing. 12. Rules and Regulations: 12.1 The Lessee must follow all Lessor s rules and regulations The Lessee must not store equipment on the leased Premises unless speifially approved by the Lessor The Lessee must not make any alterations, installations, additions, or improvements to the Premises without the Lessor s written onsent, and then only in a manner and by persons as may be approved by the Lessor. Lessee is responsible for the ost of all suh alterations, installations, additions, or improvements. 13. Entry and Inspetion: 13.1 The Lessee must permit the Lessor or its agents to enter the Premises at all reasonable times for inspetion. 24

25 (Contd. - Farm Lease Pirate s Wharf Park) WITNESS, the hands and seals of the parties hereto on the day and year first above written. ATTEST: WICOMICO COUNTY, MARYLAND R. Wayne Strausburg Bob Culver Diretor of Administration County Exeutive Date: LESSEE WITNESS: By: Date: LESSOR 25

26 Pirate's Wharf Cropland Lease 4698 Proposed Crepe Myrtle Tree Line Proposed Fene (50' Buffer from ROW) WHITEHAVEN RD 65.7+/- Ares Tillable Land Property Boundary Tillable Area Proposed Fene µ Proposed Crepe Myrtle ,200 Feet