Bid Solicitation – NEWARK EFFLUENT SPRAY IRRIGATION SITE MAINTENANCE

3 SECTION I: INTRODUCTION A. PURPOSE 1. The purpose of this Invitation for Bid Document is for Worcester County (“County”) to contract for general services, planting, cutting, raking, baling, and hauling of vegetation at the Newark Effluent Spray Irrigation Site in the Newark Service Area in conformity with the requirements contained herein (“Bid Document(s)”). B. CLARIFICATION OF TERMS 1. Firms or individuals that submit a bid for award of a contract (“Contract”) are referred to as vendors (“Vendors”) in this document. The Vendor that is awarded the Contract is herein referred to as the (“Successful Vendor”). C. QUESTIONS AND INQUIRES 1. Questions must be addressed in writing to the Worcester County Procurement Officer at nrice@co.worcester.md.us. 2. The last date to submit questions for clarification will be noon on Tuesday, April 9, 2024. 3. Addenda are posted on the County website at

href="https://www.co.worcester.md.us/" target="_blank">https://www.co.worcester.md.us/ under County Info: Bid Board: at https://www.co.worcester.md.us/commissioners/bids at least five calendar days before bid opening. 4. It is the Vendors responsibly to make sure all addenda are acknowledged in their bid. Failure to do so could result in the bid being disqualified. D. FILLING OUT BID DOCUMENTS 1. Use only forms supplied by the County. 2. One unbound original and two bound copies of the bid form and any required attachments must be submitted in the solicitation and can be submitted in the same envelope unless otherwise instructed. 3. Bid Documents should be complied as follows: (1) Cover letter, (2) Form of Bid, (3) References, (4) Exceptions Document and Signed addenda, if necessary (5) Individual Principal Document, (6) Vendor’s Affidavit of Qualification to Bid, and (7) Non-Collusive Affidavit 4. Where so indicated by the make-up of the Bid Documents, sums will be expressed in both words and figures, and in the case of a discrepancy between the two, the amount written in words will govern. In the event there is a discrepancy between the unit price and the extended totals, the unit prices will govern. 5. Any interlineation, alteration, or erasure will be initialed by the signer of the Bid Documents. 6. Each copy of the Bid Documents will be signed by the person(s) legally authorized to bind the Vendor to a contract, using the legal name of the signer. Bid Documents submitted by an agent will have a current Power of Attorney attached certifying the agent’s authority to bind the Vendor. 7. Vendor will supply all information and submittals required by the Bid Documents to constitute a proper and responsible completed Bid Document package. 8. Any ambiguity in the Bid Documents as a result of omission, error, lack of clarity or non- compliance by the Vendor with specifications, instructions, and/or all conditions of bidding will be construed in the light most favorable to the County. mailto:nrice@co.worcester.md.us https://www.co.worcester.md.us/ https://www.co.worcester.md.us/commissioners/bids 4 E. SUBMISSION OF BID DOCUMENTS 1. All copies of the Bid Documents and any other documents required to be submitted with the Bid Documents will be enclosed in a sealed envelope. The envelope will be addressed to the Worcester County Commissioners and will be identified with the project name: NEWARK EFFLUENT SPRAY IRRIGATION SITE MAINTENANCE and the Vendor’s name and address. If the Bid Documents are sent by mail, the sealed envelope will be enclosed in a separate mailing envelope with the notation “SEALED BID DOCUMENTS ENCLOSED” on the face thereof. 2. Bids must be mailed or hand carried to the Worcester County Administration Office, 1 West Market Street, Room 1103, Snow Hill, MD 21863, in order to be received prior to the announced bid deadline. Bids received after said time or delivered to the wrong location 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 Document. 4. If you are delivering a bid in person please keep in mind to allow time to get through security and into the Administration Office. It is fully the responsibility of the Vendor to ensure that the bid is received on time. 5. The County will not speculate as to reasonableness of the postmark, nor comment on the apparent failure of a public carrier to have made prompt delivery of the bid. 6. Vendors, or their authorized agents, are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Bid Documents; failure to do so will be at the Vendor’s own risk. 7. A fully executed Affidavit of Qualification to Bid will be attached to each Bid Document. 8. Minority vendors are encouraged to participate. 9. All Vendor submitted Bid Documents will be valid for a minimum of sixty days from the date of Bid Document opening. 10. Electronically mailed bids are not considered sealed bids and will not be accepted. F. OPENING OF BIDS 1. Bid Documents received on time will be opened publicly and Vendor’s names and total costs will be read aloud for the record. 2. The Contract will be awarded or all Bid Documents will be rejected within sixty days from the date of the Bid Document opening. G. ACCEPTANCE OR REJECTION OF BIDS 1. Unless otherwise specified, the Contract will be awarded to the most responsible and responsive Vendor complying with the provisions of the Bid Documents, provided the bid does not exceed the funds available, and it is in the best interest of the County to accept it. The County reserves the right to reject the Bid Documents of any Vendor who has previously failed to perform properly in any way or complete on time contracts of a similar nature; or a Bid Document from a Vendor who, investigation shows, is not in a position to perform the Contract; or Bid Documents from any person, firm, or corporation which is in arrears or in default to the County for any debt or contract. 2. Completed Bid Documents from Vendors debarred from doing business with the State of Maryland or the Federal Government will not be accepted. 3. In determining a Vendor’s responsibility, the County may consider the following qualifications, in addition to price: 5 a. Ability, capacity, and skill to provide the commodities or services required within the specified time, including future maintenance and service, and including current financial statement or other evidence of pecuniary resources and necessary facilities. b. Character, integrity, reputation, experience and efficiency. c. Quality of past performance on previous or existing contracts, including a list of current and past contracts and other evidence of performance ability. d. Previous and existing compliance with laws and ordinances relating to contracts with the County and to the Vendor’s employment practices. e. Evidence of adequate insurance to comply with Contract terms and conditions. f. Statement of current work load and capacity to perform/provide the Goods and/or Services. g. Explanation of methods to be used in fulfilling the Contract. h. The Vendor, if requested, will be prepared to supply evidence of its qualifications, listed above, and its capacity to provide/perform the Goods and/or Services; such evidence to be supplied within a specified time and to the satisfaction of the County. 4. In determining a Vendor’s responsiveness, the County will consider whether the Bid Document conforms in all material respects to the Bid Documents. 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 reject any and all Bid Documents, where applicable to accept in whole or in part, to add or delete quantities, to waive any informalities or irregularities in the Bid Document received, to reject a Bid Document not accompanied by required Bid security or other data required by the Bid Documents, and to accept or reject any Bid Document which deviates from specifications when in the best interest of the County. Irrespective of any of the foregoing, the County will have the right to award the Contract in its own best interests. H. QUALIFICATIONS 1. The Vendor must be in compliance with the laws regarding conducting business in the State of Maryland. All Vendors shall provide a copy Certificate of Status from the Maryland Department of Assessments and Taxation, evidencing the Vendor is in good standing with the State of Maryland. See https://sdatcert1.resiusa.org/certificate_net/ for information on obtaining the Certificate of Status. Certificates of status are not available for trade names, name reservations, government agencies, sole proprietorships, and some other accounts as these are not legal entities and thus are not required for these categories of Vendors. For more information on the Certificate of Status please see http://www.dat.state.md.us/sdatweb/COSinfo.html . 2. Worcester County reserves the right, at its sole discretion, to extend the date this documentation must be provided. The Vendor’s inability to provide this documentation could result in the bid being rejected. I. DESCRIPTIVE LITERATURE 1. The proposed descriptive literature fully describing the product bid is what is intended to be included as the price. Failure to do so may be cause for rejection of the bid. 2. Any items, systems or devices supplied in this bid that are proprietary in nature relative to maintenance, repair, servicing or updating must be disclosed on the bid form. https://sdatcert1.resiusa.org/certificate_net/ http://www.dat.state.md.us/sdatweb/COSinfo.html 6 J. NOTICE TO VENDORS 1. Before a Vendor submits the Bid Documents it will need to become fully informed as to the extent and character of the Goods and/or Services required and are expected to completely familiarize themselves with the requirements of this Bid Document’s specifications. Failure to do so will not relieve the Vendor of the responsibility to fully perform in accordance therewith. No consideration will be granted for any alleged misunderstanding of the material to be furnished or the Services to be performed, it being understood that the submission of a Bid Document is an agreement with all of the items and conditions referred to herein. K. PIGGYBACKING 1. Worcester County may authorize, upon request, any governmental entity (hereafter Authorized User) within the County to purchase items under the contract awarded pursuant to this bid solicitation. 2. All purchase orders issued against the contract by an authorized User shall be honored by the Successful Vendor in accordance with all terms and conditions of this contract. 3. The issuance of a purchase order by an Authorized User pursuant to this provision shall constitute an express assumption of all contractual obligations, covenants, conditions and terms of the contract. A breach of the contract by any particular Authorized User shall neither constitute nor be deemed a breach of the contract as a whole which shall remain in full force and effect, and shall not affect the validity of the contract nor the obligations of the Successful Vendor thereunder respecting the County. 4. The County specifically and expressly disclaims any and all liability for any breach by an Authorized User other than the County and each such Authorized User and Successful Vendor guarantee to save the County, its officers, agents and employees harmless from any liability that may be or is imposed by the Authorized User’s failure to perform in accordance with its obligations under the contract. END OF SECTION 7 SECTION II: GENERAL INFORMATION A. ECONOMY OF BID 1. Bid Documents will be prepared simply and economically, providing straightforward and concise description of the Vendor’s capabilities to satisfy the requirements of the Bid Documents. Emphasis should be on completeness and clarity of content. Elaborate brochures and other representations beyond that sufficient to present a complete and effective Bid Document are neither required nor desired. B. PUBLIC INFORMATION ACT (PIA) 1. Worcester County is subject to the Maryland Public Information Act and may be required to release bid submissions in accordance with the Act. 2. Any materials the Vendor deems to be proprietary or copyrighted must be marked as such; however, the material may still be subject to analysis under the Maryland Public Information Act. a. The Vendor may invoke proprietary information or trade secret protection for submission of any data/material by (1) identifying the data/material in a written description, (2) clearly marking the data/material as proprietary, and (3) providing a written statement detailing the reasons why protection is necessary. The County reserves the right to ask for additional clarification prior to establishing protection. C. CONTRACT AWARD 1. A written award by the County to the Successful Vendor in the form of a Purchase Order or other contract document will result in a binding Contract without further action by either party. If the Successful Vendor fails or refuses to sign and deliver the Contract and the required insurance documentation, the County will have the right to award to the next responsible and responsive Vendor. Contract will be executed by the Successful Vendor within fourteen calendar days of receipt of the Contract. 2. Bid Documents and Contracts issued by the County will bind the Vendor to applicable conditions and requirements herein set forth, unless otherwise specified in the Bid Documents, and are subject to all federal, state, and municipal laws, rules, regulations, and limitations. 3. County personal property taxes (“Taxes”) must be on a current basis; if any such Taxes are delinquent, they must be paid before award of Contract. Failure to pay will result in the award of Contract to another Vendor. 4. The County reserves the right to engage in individual discussions and interviews with those Vendors deemed fully qualified, responsible, suitable and professionally competent to provide the required Goods and/or Services should the project size warrant it. Vendors will be encouraged to elaborate on their qualifications, performance data, and staff expertise. D. AUDIT 1. The Successful Vendor agrees to retain all books, records, and other documents relative to the awarded Contract for five years after final payment, or until audited. The County, its authorized agents, and/or State auditors will have full access to and the right to examine any of said materials during said period. E. NONPERFORMANCE 1. The County reserves the right to inspect all operations and to withhold payment for any goods not performed or not performed in accordance with the specifications in this Bid Document. Errors, omissions or mistakes in performance will be corrected at no cost to the County. Failure to do so 8 will be cause for withholding of payment for that Goods and/or Services. In addition, if deficiencies are not corrected in a timely manner, the County may characterize the Successful Vendor as uncooperative, which may jeopardize future project order solicitations. F. MODIFICATION OR WITHDRAWL OF BID 1. A Bid Document may not be modified, withdrawn, or cancelled by the Vendor during the stipulated time period following the time and date designated for the receipt of Bid Documents, and each Vendor so agrees in submitting Bid Documents. G. DEFAULT 1. The Contract may be cancelled or annulled by the County in whole or in part by written notice of default to the Successful Vendor upon non-performance, violation of Contract terms, delivery failure, bankruptcy or insolvency, any violation of state or local laws, or the making of an assignment for the benefit of creditors. An award may then be made to the next most highly rated Vendor, or when time is of the essence, similar commodities and/or service may be purchased on the open market. In either event, the defaulting Vendor (or his surety) will be liable to the County for cost to the County in excess of the defaulted Contract price. 2. If a representative or warranty of either Party to the Contract is false or misleading in any material respect, or if either Party breaches a material provision of the Contract (“Cause”), the non-breaching Party will give the other Party written notice of such cause. If such Cause is not remedied within fifteen calendar days (“Cure Period”) after receipt of such notice, (unless, with respect to those Causes which cannot be reasonably corrected or remedied within the Cure Period, the breaching Party will have commenced to correct or remedy the same within such Cure Period and thereafter will proceed with all due diligence to correct or remedy the same), the Party giving notice will have the right to terminate this Contract upon the expiration of the Cure Period. H. COLLUSION/FINANCIAL BENEFIT 1. The Vendor certifies that his/her Bid is made without any previous understanding, agreement, or connection with any person, firm, or corporation making a Bid Document for the same project; without prior knowledge of competitive prices; and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. 2. Upon signing the Bid Document, Vendor certifies that no member of the governing body of the County, or members of his/her immediate family, including spouse, parents or children, or any other officer or employee of the County, or any member or employee of a Commission, Board, or Corporation controlled or appointed by the County Commissioners has received or has been promised, directly or indirectly, any financial benefit, related to this Bid Document and subsequent Contract. I. TAX EXEMPTION 1. In buying products directly from a Vendor, Worcester County is exempt from being directly charged Federal excise and Maryland sales tax. A copy of an exemption certificate shall be furnished upon request. 2. According to the Office of the Comptroller of Maryland, a Contractor is responsible for paying sales tax on his/her purchases relating to any projects or services and should incorporate it into their bid. 3. Successful Vendors cannot use the County tax exemption to buy materials or products used on County projects. 9 J. CONTRACT CHANGES 1. No claims may be made by anyone that the scope of the project or that the Vendor’s Goods and/or Services have been changed (requiring changes to the amount of compensation to the Vendor or other adjustments to the Contract) unless such changes or adjustments have been made by an approved written amendment (Change Order) to the Contract signed by the Chief Administrative Officer (and the County Commissioners, if required), prior to additional Goods and/or Services being initiated. Extra Goods and/or Services performed without prior, approved, written authority will be considered as unauthorized and at the expense of the Vendor. Payment will not be made by the County. 2. No oral conversations, agreements, discussions, or suggestions, which involve changes to the scope of the Contract, made by anyone including any County employee, will be honored or valid. No written agreements or changes to the scope of the Contract made by anyone other than the Procurement Officer (with the Chief Administrative Officer and/or County Commissioners approval, if required) will be honored or valid. 3. If any Change Order in the Goods and/or Services results in a reduction in the Goods and/or Services, the Vendor will neither have, nor assert any claim for, nor be entitled to any additional compensation for damages or for loss of anticipated profits on Goods and/or Services that are eliminated. K. ADDENDUM 1. No oral statements of any person will modify or otherwise affect or interpret the meaning of the Contract specifications, or the terms, conditions, or other portions of the Contract. All modifications and every request for any interpretation must be addressed to Worcester County’s Procurement Officer and to be given consideration, must be received no later than the last day for questions listed in Section I, Subsection C.2. 2. Any and all interpretations, corrections, revisions, and amendments will be issued by the Procurement Officer to all holders of Bid Documents in the form of written addenda. Vendors are cautioned that any oral statements made by any County employee that materially change any portion of the Bid Documents cannot be relied upon unless subsequently ratified by a formal written amendment to the Bid Document. 3. All addenda will be issued so as to be received at least five days prior to the time set for receipt of Bid Documents, and will become part of the Contract and will be acknowledged in the Bid Document form. Failure of any Vendor to receive any such addenda will not relieve said Vendor from any obligation under the Bid Document as submitted. 4. Vendors are cautioned to refrain from including in their Bid Document any substitutions which are not confirmed by written addenda. To find out whether the County intends to issue an amendment reflecting an oral statement made by any employee, contact Worcester County’s Procurement Officer during normal business hours. 5. The Worcester County Procurement Officer reserves the right to postpone the Bid Document opening for any major changes occurring in the five-day interim which would otherwise necessitate an Addendum. L. EXCEPTIONS/ SUBSTITUTIONS 1. Any exceptions or substitutions to the specifications requested should be marked on the bid form and listed on a separate sheet of paper attached to the bid.