INVITATION TO BID

QUEEN ANNE'S COUNTY, MARYLAND

DEPARTMENT OF PARKS AND RECREATION

JULY 2025

TREE PLANTING:

CENTREVILLE YMCA

Bids Due 1:00 PM, JULY 22, 2026

TREE PLANTING: CENTREVILLE YMCA QUEEN ANNE’S COUNTY PARKS AND RECREATION

July 1, 2026: Invitation to Bid

QUEEN ANNE'S

COUNTY, MARYLAND

DEPARTMENT OF

PARKS AND

RECREATION

TREE PLANTING:

CENTREVILLE YMCA

PROJECT MANUAL

TABLE OF CONTENTS

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

BID FORM

BIDDER’S EXPERIENCE FORM

CONFLICT OF INTEREST DISCLOSURE, EMPLOYMENT OF UNDOCUMENTED

PERSONS STATEMENT & POLITICAL CONTRIBUTION REPORTING

REQUIREMENTS FORM

LOCAL VENDOR BID AFFIDAVIT

AGREEMENT (SAMPLE)

GENERAL CONDITIONS

SPECIAL CONDITIONS ADDENDUM

PERFORMANCE SPECIFICATIONS

APPENDIX

TREE PLANTING: CENTREVILLE YMCA QUEEN ANNE’S COUNTY PARKS AND RECREATION

July 1, 2026: Invitation to Bid

INVITATION TO BID

1. Project: Tree Planting – Centreville YMCA for the County Commissioners of

Queen Anne’s County, Maryland at Young Men’s Christian Association of the

Chesapeake, Inc., 210 Vincit Street, Centreville MD 21617.

2. The work consists of the provision, planting, establishment and 2-year monitoring and maintenance of 444 trees. The Work is fully described and detailed in the Contract

Documents. Refer to the Contract Documents for a complete description of the work.

3. The Local Vendor Preference and Local Vendor Bid criteria apply to this project since all funds are County Funds. This contract is not federally funded and is therefore not subject to Davis-Bacon Act or other federal prevailing wage requirements.

4. Copies of the Contract Documents may be obtained beginning Wednesday, July 1, 2026. Contract Documents will be available at no cost in electronic format only in .pdf format on eMaryland Marketplace Advantage (eMMA) at https://emma.maryland.gov and on the County Web Site at https://qac.org/Bids.aspx

5. PRE-BID MEETING: Pre-Bid Meeting on Thursday, July 9, 2026 at 1:00 PM local time at

YMCA Centreville, 210 Vincit Street, Centreville, MD 21617. A site walk of the project boundary will take place immediately following the meeting. . Bidders are encouraged to attend and register at the on-site but attendance is not required.

6. Electronic bids for this Project will be received from bidders by the County Commissioners of Queen Anne's County at the Department of Parks and Recreation of Queen Anne's

County web-based submittal portal: https://qacmd.seamlessdocs.com/ng/fa/YMCATrees

[this is case-sensitive: the URL extensiob YMCATrees must be capitalized exactly as shown] until 1:00 p.m. local time on Wednesday, July 22, 2026. Bid Security is required to be submitted with the Bid in accordance with the General Conditions and Special

Conditions Addendum. Completed Conflict of Interest Disclosure & Employment of

Aliens Statement is required to be submitted with the Bid. Failure to submit these with the

Bid shall deem the Bid non-responsive.

7. Any Addenda issued shall be issued via electronic posting on websites listed under #4, above. It is the Bidder’s responsibility to ensure receipt of all addenda.

8. Bidders are directed to the provisions of the Instructions to Bidders for additional information governing the Bid process.

9. The Owner reserves the right to waive any informalities and to reject any or all bids.

No Bidder may withdraw his Bid within sixty (60) days after the actual date of the opening thereof. Bids are to remain open for 60 days.

* * End of Invitation to Bid * * https://emma.maryland.gov/ https://qac.org/Bids.aspx

TREE PLANTING: CENTREVILLE YMCA

July 1, 2026 4 INSTRUCTIONS TO BIDDERS

QUEEN ANNE’S COUNTY PARKS AND RECREATION

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

1.1 Terms used in these Instructions to Bidders and on the Bid Form, are defined and have the meanings assigned to them in the General Conditions and Special Conditions Addendum.

1.2 The term "Responsible Responsive Bidder" means the Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award on the basis of the total bid.

1.3 The term "OWNER" as used in the Contract Documents refers to the County

Commissioners of Queen Anne's County.

1.4 The term "PROJECT MANAGER" refers to the Project Manager of the Department of

Parks and Recreation of Queen Anne's County, or his representative (also termed, Owner’s

Representative in the Contract Documents). All inquiries during the procurement period should be addressed in writing only to Beryl Eismeier, Queen Anne's County, Department of Parks and Recreation, 1945 4H Park Rd, Centreville, MD 21617 or email beismeier@qac.org.

2. COPIES OF BID DOCUMENTS

2.1 Complete sets of Bid Documents shall be used in preparing Bids; neither OWNER nor

PROJECT MANAGER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

2.2 OWNER and PROJECT MANAGER in making copies of Bid Documents available on the terms in the Invitation to Bid (ItB), do so only for the purpose of obtaining bids on the Work and do not confer a license or grant for any other use.

2.3 Bid Documents include the Invitation to Bid, Instructions to Bidders, Bid Form, Bidder’s

Experience Form, Bid Bond (if applicable), Agreement, General Conditions, Special

Conditions Addendum, Performance Specifications, Appendix, Drawings and any other inclusions referenced therein and Addenda (if issued).

3. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of the PROJECT MANAGER’S request, written evidence of types such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the Project is located to the satisfaction of the PROJECT MANAGER.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 Before submitting a Bid, each Bidder must;

a) Examine the Contract Documents thoroughly;

b) Visit the site to familiarize himself with conditions that may in any manner affect cost, progress or performance of the Work;

c) Familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work and;

d) Study and carefully correlate Bidder’s observations with the Contract Documents.

mailto:beismeier@qac.org.

July 1, 2026 5 INSTRUCTIONS TO BIDDERS

4.2 Should any material specified not meet the requirements outlined in the Contract

Documents, it is the Bidder’s responsibility to notify the PROJECT MANAGER prior to the submission of the Bid.

4.3 The submission of a Bid will constitute a representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey a complete understanding of all terms and conditions for the performance of the Work.

5. INTERPRETATIONS

All questions about the meaning or intent of the Contract Documents shall be submitted in writing only, to the PROJECT MANAGER or his representative, Beryl Eismeier, Queen Anne's County, Department of Parks and Recreation, 1945 4H Park Road, Centreville, MD 21617 or email beismeier@qac.org not later than seven (7) days prior to bid opening. Replies will be issued only by Addenda, emailed, not later than two (2) days prior to bid opening to all parties recorded by the

PROJECT MANAGER as having received the Bid Documents. Failure of any Bidder to receive such Addendum shall not relieve Bidder from the obligations under the Bid as submitted. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. BID SECURITY

Bid Security is required to accompany all Bids in excess of $100,000. The Bid Security shall be in the amount of 5% of the Total Bid. Bid security may be in the form of a legally executed Bid

Bond in the State of Maryland, on AIA Form A310, or in the form of a Certified Check issued to the OWNER. Bid Security shall be forfeited to the OWNER if the Proposer fails to honor the obligation of his Bid. Bid Security shall be returned to the Bidders after faithful execution of the

Agreement and furnishing of all Payment and Performance Bonds, rejection of all Bids, or expiration of the specified time that all Bids shall remain in effect.

7. CONTRACT TIME

The Work is phased over the course of two full growing seasons as defined in the Performance

Specifications or over at least two calendar years at the sole discretion of the Project Manager.

The number of days within which the Work is to be completed (the Contract Time) is set forth here and in the Agreement. The “Initial Phase” of the Work shall be Substantially completed not later than 180 calendar days after the Notice to Proceed. The CONTRACTOR shall attain Final

Completion within 30 calendar days from the issuance of Substantial Completion.

8. LIQUIDATED DAMAGES - Provisions for liquidated damages are set forth in the Agreement.

9. SUBSTITUTE MATERIAL AND EQUIPMENT

The Contract, if awarded, will be on the basis of materials, services and equipment described in the Contract Documents. Consideration of possible substitute or "or equal" items shall only be permitted after bid opening and prior to award of the contract, if submitted by the

CONTRACTOR to the PROJECT MANAGER and approved by the PROJECT MANAGER in accordance with General Conditions Article 6.7 and other applicable areas of the Contract

Documents.

mailto:beismeier@qac.org

July 1, 2026 6 INSTRUCTIONS TO BIDDERS

10. SUBCONTRACTORS, ETC.

10.1 A list of all Subcontractors and other persons and organizations proposed for those portions of the Work as to which such identification is so required shall be submitted within ten

(10) days of written request by the PROJECT MANAGER and an experience statement is required on demand after the Bids are received with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by Owner. Contractor shall submit information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization upon request. If OWNER or PROJECT MANAGER after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, may, before giving Award, request the apparent Lowest Responsible Responsive Bidder to submit an acceptable substitute and the Bid Price may be increased or decreased by the difference in cost occasioned by such substitution. If the apparent Lowest

Responsible Responsive Bidder declines to make any such substitution, the contract may not be awarded to such Bidder. For any Subcontractor, other person or organization so listed and to whom OWNER or PROJECT MANAGER does not make written objection prior to the giving of the Notice of Award it will be deemed the OWNER and PROJECT

MANAGER have no objection.

10.2 No Contractor shall be required to contract with any Subcontractor, other person or organization against whom he has reasonable objection.

11. BID FORM

11.1 The Bid Form is included in the Contract Documents; additional copies may be obtained from the PROJECT MANAGER. All names must be typed or printed below the signature.

Communications from the OWNER or PROJECT MANAGER concerning the Bid shall be forwarded to the address of BIDDER indicated on the Bid Form.

11.2 Bids by corporations must be executed in the corporate name by the president or vice-president (or other person having authority to bind the corporation, accompanied by corporate power of attorney) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

11.3 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

11.4 Bids by a limited liability company must be executed in the name of the company and signed by an authorized or managing member of the limited liability company whose title must appear under the signature and the principal office of the limited liability company must be shown below the signature.

12. SUBMISSION OF BIDS

12.1 Bids shall be submitted not later than the time and date indicated in the ItB. B i d s delivered after the time and date stipulated in the solicitation shall deem the Proposer non-responsive.

12.2 Bidder’s Experience Form and Maryland Business License: Bidders shall complete and

July 1, 2026 7 INSTRUCTIONS TO BIDDERS submit a Bidder’s Experience Form as part of the proposal. This form is found on Page

11 of this document.

12.3 If requested after the Bid is submitted, the Contractor shall submit for review to the

PROJECT MANAGER a copy of the Bidder’s Maryland Business License.

12.4 Bids shall be submitted only on the Bid Document forms furnished with the Contract

Documents. Unless otherwise instructed, other forms or documents submitted which are not required by the Contract Documents shall be considered invalid and without bearing or validity to the Bid and Contract. Bids delivered with incomplete forms shall deem the

Proposer non-responsive. These forms consist of the:

a. Bid Form;

b. Conflict of Interest Disclosure, Employment of Undocumented Persons Statement &

Political Contribution Reporting Requirements Form;

c. Local Vendor Bid Affidavit (if applicable to the Bidder)

d. Any required bonds and/or Bid Security.

e. Bidder’s Experience Form

12.5 Any addenda issued shall be issued electronically, see Invitation to Bid. It is the

Bidder’s responsibility to ensure receipt of all addenda. Submission of a Bid shall constitute acknowledgement by the Bidder of their inclusion of all issued addenda in the

WORK. Physical submission of Addenda documents with a Bid is not necessary.

12.6 Local Vendor Bids

12.6.1 In order for a Bid to be considered for a Local Vendor Preference, the Bid must be accompanied with a Local Vendor Bid Affidavit along with any other additional documentation demonstrating eligibility as a local vendor as stated in the Definitions section.

12.6.2 Once the Bid has been deemed to be responsive as it regards the Local Vendor

Preference, the 10% or $50,000 preference (whichever is less) shall be applied to the Bid and the Bids re-ranked to determine the award.

12.6.3 In the event there are two eligible Local Vendor Preference Bids, the award will be based on solely on the lowest Bid with preference, not on the percentage of local participation of a particular Bid (ie. Bidder A is 100% local and bids $2 and

Bidder B is 50% local and bids $1, Bidder B would be awarded the contract).

13. OPENING OF BIDS

Bids will be opened publicly and read aloud at the time and place stated in the Invitation for

Bids.

14. BIDS TO REMAIN OPEN

Except as otherwise required by law, Bids shall remain irrevocable for the period stated in the ItB.

July 1, 2026 8 INSTRUCTIONS TO BIDDERS

15. AWARD OF CONTRACT

15.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities and the right to disregard all nonconforming, non-responsive or conditional Bids.

Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

15.2 In evaluating Bids, OWNER shall consider the qualifications of the Bidders and whether or not the Bids comply with the prescribed requirements. The award will be made based on the Lowest Bid from a Responsive Responsible Bidder.

15.3 OWNER may conduct such investigations as he deems necessary, including requesting a presentation by Bidders, to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder, proposed Subcontractors and other persons and organizations to do the Work or furnish equipment and supplies in accordance with the Contract Documents to OWNER’S satisfaction.

15.4 Bid Protests – Any Bidder that is concerned about the final award of any procurement may submit a bid protest to the Agent that made the solicitation. Bid protests must be submitted in writing within five (5) working days following the official public announcement of the contract award.

16. PERFORMANCE AND OTHER BONDS

16.1 Paragraph 5.1 of the General Conditions describes the OWNER’S requirements as to

Performance and Payment Bonds. The selected Bidder shall, within fourteen days of the issuance of the Notice of Award, furnish Performance and Payment Bonds each in an amount equal to 100% of the Bid, to the office of the PROJECT MANAGER unless otherwise specified. Bids less than $100,000 require no bonding.

17. INSURANCE

Paragraph 5.2 through 5.7 of the General Conditions describes the Owner's requirements as to

Insurance. The lowest responsible responsive Bidder shall furnish said proof of insurance as indicated in paragraph 5.7 of the General Conditions.

18. SIGNING OF AGREEMENT

When OWNER gives a Notice of Award to the lowest responsible responsive Bidder, at least three (3) unsigned duplicate original copies of the Agreement and all other Contract Documents will accompany it. Within fourteen days thereafter CONTRACTOR shall sign and deliver said duplicate original copies of the Agreement to the PROJECT MANAGER with all Bonds and

Insurance certificates and with all other Contract Documents attached. Within fourteen days thereafter, OWNER will sign the duplicate original copies. The OWNER, the CONTRACTOR, and the PROJECT MANAGER will each receive an executed duplicate original copy of the

Contract Agreement.

*** END OF SECTION ***

PROJECT MANUAL: TREE PLANTING: CENTREVILLE YMCA

July 1, 2026 9 BID FORM

BID FORM

To: The County Commissioners of Queen Anne’s County

Project: TREE PLANTING: CENTREVILLE YMCA

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 Contract Documents to complete all Work as specified or indicated in the Contract Documents for the TREE PLANTING: CENTREVILLE YMCA for the Contract Price indicated in this Bid within the Contract Time and in accordance with the Contract Documents. The undersigned BIDDER submits this Bid with the understanding that the OWNER reserves the right to reject any or all bids submitted.

2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders. BIDDER will sign the

Agreement within fourteen days after the date of OWNER'S Notice of Award.

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

a) BIDDER has examined copies of all the Contract Documents and hereby acknowledges receipt of all

Addenda by signing this Bid;

b) This Bid is genuine and not made in the interest of, or on behalf of, any undisclosed person, firm or corporation 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 or induced any person, firm or a corporation to refrain from proposing; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER;

c) BIDDER hereby states that he has available adequate equipment and finances to properly and expeditiously prosecute the Work as proposed, and is prepared to present further information to substantiate this statement; and

d) BIDDER agrees to coordinate construction activities with other contractors on the same project site contracted by the OWNER.

4. BIDDER agrees that the Work will be completed within the dates indicated in the Instructions to Bidders and not to exceed the number of consecutive days indicated in the Agreement. BIDDER accepts all the provisions of the Agreement.

5. The following documents are attached to and made a condition of this Bid:

a) Bid Bond;

b) Conflict of Interest Disclosure, Employment of Undocumented Persons Statement & Political

Contribution Reporting Requirements Form; and

c) Other documents as required by the Instructions to Bidders or Contract Documents.

6. BIDDER covenants and warrants that he has had sufficient time to examine the site of the Work; that he has examined the site of the Work; and that he has based the Contract Prices on his own independent examination and investigation of the site and conditions and has not relied on any information furnished to him by the OWNER or PROJECT MANAGER not included in the Contract Documents. BIDDER has examined the legal requirements (federal, state and local laws, ordinances, rules, codes and regulations) and the conditions affecting cost, progress or performance of the work and has made such independent investigations as BIDDER deems necessary.

7. BIDDER will complete the Work for the following price: Work includes all labor, materials and equipment to provide, install, irrigate, establish and maintain 444 trees for two growing seasons (or up to two full calendar years at the sole discretion of the Project Manager) and peripheral work as described in the Performance Specifications. Note tree survival minimum requirements when

July 1, 2026 10 BID FORM compared with conditions in the field may extend the Establishment Period.

8. Bidder will complete the WORK for the following price:

BASE BID – THE WORK :

Bid Item Unit__________Extended Price__

Maintenance Included $0.00

Monitoring & Reporting Included $0.00

Plant Replacement Included $0.00

1" Caliper Tree, Installed Each * 224 trees $____________

2.5" Caliper Tree, Installed Each * 220 trees $____________

Tree Tubes, Stakes, Installed Each * 444 trees $____________

+ Irrigation Lump Sum $____________

Base Bid = $________

Words: ___________________________________________________________

SUBMITTED this day of , 2026.

AN INDIVIDUAL

By: /s/

(Typed Name) (Signature)

Doing Business As:

Business Address:

Phone No.: ( )

A CORPORATION or LIMITED LIABILITY COMPANY

Corporation (OR LLC) Name:

State of Incorporation:

By: /s/

(Person Authorized to Sign) (Title)

Attest: /s/ Corporate Secretary (CORPORATE SEAL)

Business Address:

Phone No.: ( )

July 1, 2026 11 Proposer’s Experience Form

PROJECT MANUAL: TREE PLANTING – CENTREVILLE YMCA QUEEN ANNE’S COUNTY PARKS AND RECREATION

BIDDER’S EXPERIENCE FORM

Bidder shall complete this form and submit with the proposal unless otherwise instructed. This form shall be complete with a minimum of three previous construction contract business references. Three references shall be provided spanning a minimum time frame of three years, testifying to the fact that the Bidder has been active in this area of the construction industry for a minimum of three years.

2. Reference A: Owner: Contact:

Address: Phone:

Fax:

Email:

Contractor’s Supervisory & Trained Personnel:

Description of Construction Contract:

Amount of Contract:

3. Reference B: Owner: Contact:

Address: Phone:

4. Reference C: Owner: Contact:

Address: Phone:

CONTRACTOR: SIGNED:

July 1, 2026 12 Disclosures Form

CONFLICT OF INTEREST DISCLOSURE, EMPLOYMENT OF UNDOCUMENTED PERSONS

STATEMENT & POLITICAL CONTRIBUTION REPORTING REQUIREMENTS FORM

In connection with the undersigned's participation in the proposal process or request for proposals being considered by the County Commissioners of Queen Anne's County ("the County") the undersigned does affirm under the penalties of perjury as follows:

I have reviewed the materials provided by the County in connection with my proposed proposal or proposal and reviewed such records of my company and business as necessary to make the following statements:

(Check all appropriate boxes)

To the best of my knowledge and belief, neither I, the company identified below, nor any employee of the company have been involved or are presently involved in any situations or actions that might be regarded as an actual or potential conflict of interest in the event of a successful proposal or award.

It appears that I, the company identified below or an employee of the company have been involved in some situations or actions that might be regarded as a potential conflict of interest should I submit the successful proposal or proposal. Details of such situations and/or actions are as hereby attached to the form (attach additional sheet(s)).

The following situations or actions in which I, my company or an employee of the company are presently involved might be regarded as a potential conflict of interest if I submit the successful proposal or proposal (attach additional sheet(s)).

I have attached a list of all present contracts between the company named below and the

County.

Furthermore, vendors providing goods or services to Queen Anne’s County Government, as a condition of doing business with the County, are required to comply with all applicable laws and regulations relating to the employment of undocumented persons.

Should vendors providing goods or services to Queen Anne’s County fail to comply with applicable laws and regulations relating to the employment of undocumented persons, such failure shall constitute a material breach of the vendor’s contractual relationship with Queen Anne’s County and the County may take all reasonable steps to terminate the County’s contractual relationship with the vendor. If you have questions, please consult the County Department that manages your vendor contract.

Notice of Reporting requirements – Any person doing business with a government entity may be subject to the political contribution reporting requirements of Title XIV of the Election Law Article of the Annotated

Code of Maryland.

Signature: Date:

Name: (please print)

Company/Organization:

Address:

Phone Number:

July 1, 2026 13

Local Vendor Proposal Affidavit

LOCAL VENDOR BID AFFIDAVIT

Bidder’s Name:

Solicitation Reference:

Bid Amount:

This submission is being made to the Board of County Commissioners for Queen Anne’s County through the Office of Budget and

Finance, in connection with the following solicitation:

LOCAL VENDOR CERTIFICATION

50 percent or more of this procurement proposal value will be allocated and executed by one or more Local Vendors having a principal place of business in Queen Anne’s County. Proposers applying for this consideration are required to submit a copy of their SDAT registration with their proposal to be considered.

The cost proposal submitted is based upon the following local vendors - list only those vendors whose principal place of business is in

Queen Anne’s County (as defined in the County’s Procurement Policy), and their related allocation of the contract value.

VENDOR 1 NAME:

VENDOR 1 EIN:

AMOUNT OF VALUE:

PERCENT OF PROPOSAL:

Check which applies: Prime Contractor: Sub-contractor: Material Supplier:

VENDOR 2 NAME:

VENDOR 2 EIN:

AMOUNT OF VALUE:

PERCENT OF PROPOSAL:

Check which applies: Prime Contractor: Sub-contractor: Material Supplier:

VENDOR 3 NAME:

VENDOR 3 EIN:

AMOUNT OF VALUE:

PERCENT OF PROPOSAL:

Check which applies: Prime Contractor: Sub-contractor: Material Supplier:

TOTAL % ALLOCATED TO “LOCAL VENDORS”:

SUBMITTER INFORMATION – to be completed by the party authorized to enter into the contract

NAME:

TITLE:

COMPANY NAME:

COMPANY EIN:

I affirm under the penalty of perjury, that the foregoing information is true, to the best of my knowledge, information, and belief.

SIGNATURE & DATE

*THIS COMPLETED FORM SHALL BE SUBMITTED WITH THE PROPOSAL.

Proposers applying for this consideration are required to submit a copy of their SDAT registration with their proposal to be considered.

July 1, 2026 14 SAMPLE AGREEMENT

AGREEMENT (SAMPLE)

THIS AGREEMENT, in the amount of $ is entered into this day of

, 2026 by and between the County Commissioners of Queen Anne's County, Maryland, hereinafter called OWNER, and a Corporation known as organized and existing under the laws of the State of

- or -a Partnership known as consisting of the following members:

or -an Individual trading as hereinafter called CONTRACTOR.

WITNESSETH, that OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK:

CONTRACTOR shall complete all Work as specified and indicated in the Contract Documents for the Tree Planting:

Centreville YMCA The work consists of the includes the supply of healthy tree stock, site preparation, planting and establishment of trees, maintenance, annual monitoring and reporting for two full growing seasons (or over at least two consecutive calendar years at the sole discretion of the Project Manager) to achieve minimum survival percentages as required by the Forest Conservation Plan (FCP) # 25-12-0138 and peripheral work as fully described in the Contract Documents. Refer to the Bid Documents for a complete description of the Work.

Article 2. PROJECT MANAGER:

The PROJECT MANAGER of the Queen Anne's County Department of Parks and Recreation, is hereinafter called the PROJECT MANAGER and will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion, inspection and review of the Work and other duties and responsibilities of the PROJECT MANAGER in accordance with the Contract Documents. The PROJECT MANAGER may permit his designated representative to conduct all or a portion of his contractual duties.

Article 3. CONTRACT TIME:

3.1 The Work will be Substantially Complete not later than 180 calendar days from the Notice to Proceed, in accordance with the Contact Documents.

3.2 The Work will be completed and ready for final payment not later than 30 days following the date of

Substantial Completion, in accordance with the Contact Documents.

3.3 Liquidated Damages: In the event that the “Initial Phase” of the Work is not Substantially Complete within 180 calendar days from the Notice to Proceed or is not completed and ready for final payment not later than 30 calendar days following the date of Substantial Completion, the Owner will assess and CONTRACTOR shall pay liquidated damage in the amount of $100.00 for each calendar day until Initial Acceptance is provided by the OWNER. or Final Completion whichever the case may

be. Owner and CONTRACTOR agree that actual damage due to delay in completion would be difficult or impossible to ascertain at this time and that the amount of liquidated damages herein provided for is adequate as a measure thereof and not as a penalty or forfeiture.

3.4 OWNER and CONTRACTOR recognize that time is of the essence in this Agreement. Therefore, the

CONTRACTOR recognizes that the PROJECT MANAGER may hold any and all payments without

July 1, 2026 15 SAMPLE AGREEMENT interest or any other penalty if the CONTRACTOR is behind his schedule to complete the project on time. The CONTRACTOR shall also be responsible for paying all additional PROJECT

MANAGER and inspection fees occasioned by the delay.

Article 4. CONTRACT PRICE:

OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in lawful money of the United States of America in accordance with CONTRACTOR'S Proposal.

Article 5. PAYMENT:

CONTRACTOR shall submit applications for Payment in accordance with the Contract Documents.

PROJECT MANAGER will process applications for Payment as provided in the General Conditions and the Special Conditions Addendum.

5.1 Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by PROJECT MANAGER.

All progress payments will be on the basis of the progress of the Work measured by the schedule of values submitted by the CONTRACTOR at the pre-Construction Meeting.

5.2 Retention: The OWNER shall with hold 5% (5% if the Project is bonded) of each progress payment until Substantial Completion Initial Acceptance of the Project. Upon issuance of a Certificate of

Substantial Completion Interim Acceptance the Contractor may invoice for ½ of the retention being held to that point of the project, if the project is not bonded, thereby reducing the overall retention to

2.5%. Upon Final completion Final Acceptance of the project, the Contractor may invoice for the final

2.5% of held retention. Final Retention amount shall only be released upon approval of the

PROJECT MANAGER following Final Acceptance and completion of all Contract requirements.

Article 6. INTEREST:

All moneys not paid when due hereunder shall bear interest at the legal rate interest per annum except as stated in paragraph 3.4 above.

Article 7. GUARANTEE PERIOD:

CONTRACTOR shall warrant and guarantee his Work and materials and equipment for one (1) calendar year from the date of SUBSTANTIAL COMPLETION in accordance with the Warranty Provisions described in the Special Conditions Addendum for those periods so stated from the date of OWNER'S approval of the

Certificate of Substantial Completion FINAL MONITORING REPORT issued by PROJECT MANAGER.

Article 8. CONTRACTOR'S REPRESENTATIONS:

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

8.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules, codes and regulations that in any manner may affect cost, progress or performance of the Work, including the applicability of federal, state or local taxes including sales or use tax and assumes full responsibility for the payment of same.

8.2 CONTRACTOR further covenants and warrants that he has had sufficient time to examine the site of the Work; that he has examined the site of the Work; and that he has based the contract prices on his own independent examination and investigation of the site and conditions.

8.3 CONTRACTOR has correlated the results of such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

July 1, 2026 16 SAMPLE AGREEMENT

8.4 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR.

8.5 CONTRACTOR agrees to coordinate his work with other contractors on the same project site contracted by the OWNER. A coordination meeting will be scheduled following Notice to Proceed.

Article 9. CONTRACT DOCUMENTS:

The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR, are attached to this Agreement by reference, made a part hereof and consist of the following:

9.1 This Agreement;

9.2 Insurance Certificate (s);

9.3 Performance & Payment Bonds;

9.4 Invitation to Bid, Instructions to Bidders, General Conditions, Special Conditions Addendum and all Specifications and Drawings as listed in the Table of Contents

9.5 Addenda to the ItB, if any;

9.6 CONTRACTOR’S signed completed Bid Form;

9.7 Completed & Executed Conflict of Interest Disclosure & Employment of Undocumented Persons

Statement;

9.8 Documentation submitted by the CONTRACTOR and accepted by the PROJECT MANAGER prior to Notice of Award; and

9.9 Any Modification, including Change Orders, duly delivered after execution of Agreement

There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be altered, amended or repealed by a Modification issued by the PROJECT MANAGER.

Article 10. MISCELLANEOUS:

10.1 Terms used in this agreement, which are defined in the Contract Documents, shall have the meanings indicated in such.

10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned, without such consent (except to the extent that the effect of this restriction may be limited by law); and, unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract

Documents.

10.3 OWNER and CONTRACTOR each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

Article 11. OTHER PROVISIONS:

11.1 CONTRACTOR agrees that he, and his subcontractors, will pay each person engaged in the Work of this Agreement no less than the minimum wage determination for the applicable described class of work, in accordance with law, as specified by the State of Maryland or the United States

Government, under any Maryland or Federal law which is made applicable to the Project, by the terms of the Contract Documents or addenda thereto.

11.2 INDEMNIFICATION:

July 1, 2026 17 SAMPLE AGREEMENT

11.2.1 CONTRACTOR shall hold harmless the OWNER from any losses, costs, and expenses

(including attorney’s fees and court costs), settlement payments, and (whether or not reduced to final judgment) all liabilities, damages and fines paid, incurred, or suffered by the OWNER by reason of or arising out of injuries to persons (including death) or property damage caused by the CONTRACTOR, his employees, agents or subcontractors or in anyway attributable to the performance of work or agreement, and shall further indemnify and hold harmless the OWNER from any claim, action, suit or proceeding threatened, instituted, or otherwise made against the OWNER by reason of or arising out of:

11.2.1.1 Any Breach, violation or non-performance by CONTRACTOR of any provision of this Agreement;

11.2.1.2 From any other cause whatsoever due to the careless, negligent, intentional, wanton, or improper conduct of CONTRACTOR; or

11.2.1.3 The failure of the CONTRACTOR to provide the service or any portion thereof on a timely basis and in accordance with an Agreement/Contract.

11.2.2 This indemnification by CONTRACTOR shall survive the expiration or sooner termination of this Agreement.

IN WITNESS WHEREOF, the parties hereto have signed three (3) copies of this Agreement. One duplicate original each has been delivered to OWNER, CONTRACTOR and PROJECT MANAGER.

All portions of the Contract Documents have been signed or identified by OWNER and

CONTRACTOR or by PROJECT MANAGER on their behalf.

This Agreement will be effective on , 2026.

OWNER: CONTRACTOR:

The County Commissioners of

Queen Anne's County, MD

/s/ /s/

Stephen M. Chandlee

Director of Parks and Recreation

(CORPORATE SEAL)

Attest: Attest:

/s/ /s/

Secretary

Address for Giving Notices: Address for Giving Notices:

Beryl Eismeier, PROJECT MANAGER Queen Anne’s County

Department of Parks and Recreation

1945 4H Park Road

Centreville, MD 21617

Agent for Service of Process:

July 1, 2026 18 General Conditions

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

AGREEMENT - The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed. The Contract Documents will be attached to and made a part of the Agreement.

APPLICATION FOR PAYMENT - The form which is to be used by the CONTRACTOR in requesting progress payments and which is to include the schedule of values required by paragraph 14.1 and an affidavit of the CONTRACTOR that progress payments theretofore received from the OWNER on account of the

Work have been applied by the CONTRACTOR to discharge in full all of the CONTRACTOR'S obligations incurred in connection with the Work covered by all prior applications for payment.

AHJ – Authorities having jurisdiction.

ARCHITECT – not applicable.

PROPOSAL - The offer, bid or proposal of the Bidder submitted on the prescribed form setting forth the price for the Work to be performed.

PROPOSER - Any person, firm or corporation submitting a Proposal for the Work.

BONDS - Proposal, Performance, Payment and Maintenance Bonds and other instruments of security, furnished by the CONTRACTOR and his Surety in accordance with the Contract Documents.

CHANGE ORDER - A written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

CONTRACT DOCUMENTS - The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'S Proposal (including documentation accompanying the Proposal and any post-Proposal documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the

Bonds, these General Conditions, Special Conditions addendum, the Specifications, the Drawings and other documents referenced and as are more specifically identified in the Agreement, together with all

Modifications issued after the execution of the Agreement.

CONTRACT PRICE - The total moneys payable to the CONTRACTOR under the Contract Documents.

CONTRACT TIME - The number of consecutive calendar days stated in the Agreement for the completion of

Work. All time referenced as days in this contract are in calendar days unless otherwise specified.

CONTRACTOR - As used herein refers to the firm or company selected to perform the construction of the improvements by the OWNER.

COUNTY - The County Commissioners of Queen Anne's County, also referenced herein as the OWNER.

DRAWINGS – As listed elsewhere in the Contract Documents.

EFFECTIVE DATE OF AGREEMENT - The date as indicated within the Agreement.

PROJECT MANAGER – PROJECT MANAGER of Queen Anne's County Department of Parks and

Recreation who, as used herein, refers to the OWNER'S representative who typically designed the improvements and acts on the OWNER'S behalf to ensure the construction is acceptable to the OWNER.

FIELD ORDER - A written order issued by the PROJECT MANAGER which clarifies or interprets the

July 1, 2026 19 General Conditions

Contract Documents in accordance with paragraph 9.2 or orders minor changes in the Work in accordance with paragraph 10.2.

FINAL COMPLETION - The date of the approval of the final progress payment.

INVITATION TO BID – Abbreviated in these documents as ItB, the notice issued by the Owner and publicized through electronic and/or written means notifying the public of the solicitation for this contract.

LOCAL VENDOR - Includes each participant in a single response to a solicitation, (whether a prime contractor, a subcontractor, or a joint venture), who has designated with the State Department of

Assessments & Taxation a principal place of business in Queen Anne’s County or who, in the case of a sole proprietor, has identified Queen Anne’s County as the county of residence on the most recent

Maryland individual income tax return.

LOCAL VENDOR PROPOSAL - Is a response to a solicitation for which a Certified Local Vendor will be executing at least 50 percent of the awarded contract value.

LOCAL VENDOR REQUIREMENTS – A bid or proposal shall be deemed to be a Local Vendor

Proposal if the initial proposal submission includes a submission of the Local Vendor Proposal Affidavit

(see form attached) by the person executing the proposal or proposal including the definition of “Local

Vendor” and certifying that “50 percent or more of the proposal or contract will be executed by one or more Certified Local Vendors having a principal place of business in Queen Anne’s County.”

MANUFACTURER’S RECOMMENDATION/INSTRUCTION – Not applicable. The terms of

Manufacturer’s Recommendation and Manufacturer’s Instructions shall be taken as interchangeable in these specifications. If a discrepancy exists between the two designations from a manufacturer, the higher quality, greater quantity, more extensive or more expensive shall be required in this contract.

MSHA – Maryland State Highway Administration

MDE – Maryland Department of the Environment

MODIFICATION - a) A written amendment of the Contract Documents signed by both parties; b) a Change

Order; c) a written clarification or interpretation issued by the PROJECT MANAGER in accordance with paragraph 9.2; or d) a written order for a minor change or alteration in the Work issued by the PROJECT

MANAGER pursuant to paragraph 10.2. A modification may only be issued after execution of the

Agreement.

NOTICE OF AWARD - The written notice by the OWNER to the CONTRACTOR that the CONTRACTOR is the apparent low responsible responsive Proposer and that upon compliance with the conditions precedent to be fulfilled by the CONTRACTOR within the time specified, the OWNER may execute and deliver the

Agreement to him.

NOTICE TO PROCEED - The written notice by the OWNER to CONTRACTOR indicating that all conditions have been fulfilled, the Agreement has been executed and the CONTRACTOR may occupy the site and begin construction.

OWNER – The County Commissioners of Queen Anne’s County used herein shall refer to the entity for which the construction is required in order to improve a property.

PROJECT - The entire construction to be performed as provided in the Contract Documents.

REQUEST FOR INFORMATION (RFI) – A written document of inquiry from the Contractor to the

PROJECT MANAGER regarding an apparent discrepancy in the Contract Documents or a requested change to the Contract Documents, see General Conditions Article 3.2. The RFI shall be in a format acceptable to the PROJECT MANAGER containing as a minimum the following: Contractor, subcontractor

July 1, 2026 20 General Conditions and/or supplier involved in the issue, date of submission, applicable drawing(s), specification(s), code reference(s), other document reference(s) as applicable, complete explanation of the discrepancy and/or issue using words and drawings as applicable, and a suggested solution to the issue with an estimate of any impacts to the contract. The PROJECT MANAGER may take up to seven (7) calendar days to respond to the RFI without any impact to the contract. In the sole opinion of the PROJECT MANAGER or

ARCHITECT, incomplete RFI submission shall be grounds for rejection of the RFI. As applicable, Articles

10, 11 & 12 of the General Conditions apply to the response of the RFI.

RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the PROJECT MANAGER who is assigned to the Project site or any part thereof.

REVIEWER – The ARCHITECT, PROJECT MANAGER, or SUBCONSULTANT, as applicable who will review the submittal appropriate for their design discipline under the authority of the OWNER and PROJECT

MANAGER.

SHOP DRAWINGS – Not applicable. All drawings, diagrams, illustrations, brochures, schedules, and other data, which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material or some portion of the Work.

SPECIFICATIONS - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

SUBCONSULTANT – The design professional responsible for the detail design work on the Contract

Documents of a particular trade or technical aspect of the Work.

SUBCONTRACTOR - An individual, firm or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

SUBSTANTIAL COMPLETION - The date as certified by the PROJECT MANAGER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the

Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended.

SUPERINTENDENT - CONTRACTOR'S authorized representative who is assigned to the project site.

UNIT PROPOSAL PRICES – The prices submitted in the Bid or Proposal by CONTRACTOR are complete compensation for all direct, indirect, mark-ups, profit and all other peripheral costs to perform the Work associated with these activities. These Unit Prices are not negotiable and remain fixed for the duration of the contract independent of the actual Work directed to be completed for these Unit Price Items. Unit Prices shall only be paid for Work completed as measured and agreed to by the Owner’s Representative. It is the

Contractor’s sole responsibility to contact and schedule the field measurement of Unit Price Items within

48 hours of installation. Failure of the Contractor to do so shall constitute a waiver of payment for any Unit

Price Items accomplished.

WORK - Any and all obligations, duties and responsibilities necessary to the successful completion of the project assigned to or undertaken by the CONTRACTOR under the Contract Documents, including the furnishing of all labor, materials, equipment, and other incidentals.

ARTICLE 2 -PRELIMINARY MATTERS

2.1 Award: The award of the Contract, if it is awarded, will be to the lowest responsible responsive proposer whose qualifications indicate the award will be in the best interest of the OWNER and whose proposal complies with all the prescribed requirements. No Notice of Award will be given until the OWNER has

July 1, 2026 21 General Conditions concluded such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the Proposers to do the Work in accordance with the Contract Documents to the satisfaction of the OWNER within the time prescribed. The OWNER reserves the right to reject the Proposal of any

Proposer who does not pass such investigation to the OWNER'S satisfaction. If the Contract is awarded, the

OWNER will give the successful Proposer a Notice of Award within the time indicated in the Instructions to Proposers.

2.2 Delivery of Certificates of Insurance: The OWNER may, at any time during the firm-proposal period following the opening of Proposals, give Notice of Award the Contract to the proposer designated by the OWNER as the apparent lowest responsible responsive proposer for such Work.