1-IFB4342- Downtown Tree Replacement and Tree Planting.pdf

INVITATION FOR BID

Bid No.: IFB4342

Subject: Downtown Tree Replacement and Planting Services Parks, Recreation and Forestry Public Works

Closing Date: Bids must be received no later than 1:30 p.m. on November 6, 2025. Bids should be submitted electronically. Hard-copy bids will also be accepted at the following address with the bid number and the subject indicated on the envelope:

Office of the Purchasing Agent City of Jefferson 320 E. McCarty St.

Jefferson City, MO. 65101

Bids will be publicly opened at 1:30 p.m. on November 6, 2025 in the City Council Chambers.

Pre-Bid Conference: There will not be a pre-bid conference.

Purchasing Agent: Megan Stephenson Mstephenson@jeffersoncitymo.gov

(573) 634-6324 mailto:Mstephenson@jeffersoncitymo.gov

Downtown Tree Replacement and Planting Services

Invitation

The City of Jefferson, Parks, Recreation and Forestry, herein referred to as City, invites interested, qualified individuals or firms, herein referred to as bidders or contractors, capable of providing trees, and professional tree planting services for City right-of-ways, parks, and public spaces, to submit bids. The submittal must satisfy all criteria established in this solicitation to qualify for an award, unless waived by the City.

Information and Instructions to Bidders

Notice to Bidders

Before submitting the bid, each bidder shall become fully informed as to the extent and character of the work required.

No consideration will be granted for any alleged misunderstanding of the equipment to be used or services to be required, it being understood that the submission of a bid is an agreement to all items and conditions referred to herein.

Pre-bid Conference/Questions A pre-bid conference will not be held. All questions regarding the bid specifications or process must be directed to Megan Stephenson, mstephenson@jeffersoncitymo.gov, 573-634-6324. All questions should be submitted no later than November 4, 2025.

Bid Submittal Bids must include the following:

• Staff and Experience – Listing of who will be assigned to work on City projects, their experience, and their certification (Attachment D).

• Method of Performance – description of how the bidder intends to provide the services set forth herein (Attachment E).

• References – List of customers of a comparable size and requirements as specified herein (Attachment C). If possible, include references from other municipalities or governmental entities doing similar work. The City reserves the right to contact the references identified, as well as any other customers not identified.

• Subcontractors – Bidders shall submit the names and role of all principal subcontractors, if any, with the proposal.

• Pricing Form (Attachment A) – Proposers shall state the size of the tree. They shall also state firm, fixed pricing for the cost of the tree and the cost to plant the tree. Please attach additional documents if more room is needed.

• E-Verify Affidavit and copy of the signature page of the MOU between the bidder and Homeland Security (Attachment B)

• Anti-Collusion Form (Attachment F)

Bids should be submitted electronically through Bonfire, the City’s free electronic procurement system: https://jeffersoncitymo.bonfirehub.com.

mailto:mstephenson@jeffersoncitymo.gov https://jeffersoncitymo.bonfirehub.com/

Bids may also be submitted hard-copy with the bid number (IFB4342) indicated on the outside of the envelope and must be submitted to the following address:

City of Jefferson Purchasing Agent

320 E McCarty Street Jefferson City, MO 65101

Bids must be received no later than 1:30 p.m. on November 6, 2025.

Bids will be publicly opened at 1:30 p.m. on November 6, 2025 in City Council Chambers at 320 E McCarty St, Jefferson City, MO.

Subcontractors The Contractor shall be responsible to the City for acts, defaults and omissions of their Subcontractors of any tier.

The Subcontractors of any tier shall be bound by the applicable terms and provisions of the contract, but no contractual relationship shall exist between subcontractors of any tier and the City.

Bidders shall list all and any subcontractors they intend on using.

Evaluation and Award Award will be made to the lowest and best bidder whose bid conforms to the solicitation that will be most advantageous to the City. In determining lowest and best, the following will be considered:

Criteria POINTS Experience, Qualifications and References 30 Planting Method 20 Cost 50

Total Cost 100

Delivery and Storage Contractor is responsible for delivery and storage of all equipment and supplies required for this project. All bids must be bid with shipping to be FOB destination.

Withdrawal of Bids Bidders may withdraw their bid after submitting with the Purchasing Office at any time prior to the stipulated time for opening of such bids. No bid may be withdrawn within thirty (30) days after the opening thereof, unless obvious errors are apparent.

Right to Accept or Reject Bids The right is hereby reserved to accept or reject all or part of any bid, to waive informalities and to request new bids as the interest of the City may require.

Tax Exempt Status The City of Jefferson is tax exempt by law. Do not include tax in bidding. A federal tax-exempt certificate will be furnished when requested.

Contract with Third Parties The bidder shall not enter into any contractual agreement with a third party for performance of any conditions under this bid without the express written approval of the City.

Invoicing and Payment The contractor shall submit invoices for services to the City of Jefferson, Parks, Recreation and Forestry, 1299 Lafayette Street, Jefferson City, Missouri 65101. The City shall only be liable for charges as indicated on the Cost Form.

Restrictive Clause Bidders must contact the Office of the Purchasing Agent at least five (5) days prior to the bid opening if any of the specifications contain restrictive language or requirements that render him unable to bid.

Americans with Disabilities Act Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three

(3) business days to process the request.

Federal Work Authorization Program Bidders that meet the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, providing services exceeding $5,000, shall maintain enrollment and participation in a federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall, prior to the performance of any services as a business entity under the contract enroll and participate in a federal work authorization program, such as E-Verify.

Bidders must, by sworn affidavit and provision of documentation (copy of E-Verify Memo of Understanding Electronic Signature Page), affirm their enrollment and participation in a federal work authorization program. Bidders shall complete and sign the Affidavit of Compliance with Section 285.525-285.550 RSMo and submit a copy of the signature page of their MOU with Homeland Security. See Affidavit of Compliance with E-Verify document (Attachment B).

For bidders that are not already enrolled and participating in a federal work authorization program, E-Verify is an example of this type of program. Information regarding E-Verify is available at https://www.e-verify.gov/.

Non-Discrimination Statement The City does not discriminate on the basis of race, color, national origin, or gender in the award and performance of any contract.

https://www.e-verify.gov/

Work Limitations Care must be exercised at all times to maintain safe clearance and safe working practices, both for equipment and personnel, in order to avoid injury or service interruption. All job personnel must be made thoroughly acquainted with hazards involved. It shall be the contractor’s responsibility to make this condition clear to all contractors’ personnel.

Contract Period Contract period shall be from the date of contract for the number of days indicated on the Pricing Form. A contract will be sent to the recommended bidder. Once the contract is received, the City would like the contract signed and returned back to the City as soon as possible. It is desired that the intended contractor returns the contract within three days of receipt unless other arrangements are made with the City.

Cooperative Procurement The City has entered into cooperative purchasing agreements with Cole County and the Jefferson City Housing Authority. Cole County and/or the Jefferson City Housing Authority may or may not request an unknown quantity of goods or service under this bid during the bid period or resulting agreement period at the same prices, terms and conditions stated herein.

It is understood and agreed that each participating political subdivision will make its own separate contract with the successful bidder, that each participating political subdivision shall only be liable to the successful bidder for materials or supplies contracted for by such political subdivision without any liability for purchases contracted for by any other participating political subdivision, and each successful bidder shall be required to bill each participating political subdivision directly for the materials or supplies purchased by it.

This contract may also be used by other Departments within the City of Jefferson.

Indemnification and Insurance Requirements/Contract The contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suites, including court costs, attorney fees and other expense caused by any act or omission of the contractor and/or his subcontractors, their respective agents, servants or employees.

The contractor shall obtain and maintain throughout the term of the contract all insurance as specified in the sample contract. See Exhibit 1 – Sample Contract.

Upon acceptance of bid, the contractor shall enter into a contract for this work as outlined by the City. See Exhibit 1 – Sample Contract.

Changes to Bid Documents Changes to solicitation documents prior to bidding will be by addendum issued by the City.

Bidders shall acknowledge receipt of all addenda on bid forms.

Termination The City reserves the right to terminate the contract at any time, for the convenience of the City, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the effective date of termination.

Laws and Regulations The contractor shall perform services in accordance with all applicable state, local and federal statutes and legal requirements in his performance of this contract. In addition, the bidder’s attention is directed to City Code, Chapter 17 – Licenses, Taxation and Miscellaneous Business Regulation.

Before an award of contract or purchase order can be made, bidders doing any service or business within the corporate city limits of the City of Jefferson must have a current business license. Awarded bidder must also be registered and in good standing with the Missouri Secretary of State’s Office

Proprietary Products Any piece of equipment described herein that is a proprietary product, or the use of a manufacturer or vendor’s brand name, is referenced with the intent to indicate a standard of design desired by the buyer and shall not be construed to exclude other manufacturer’s products of comparable quality. The buyer reserves the right to determine the quality of the equipment offered.

Preference for U.S. Manufactured Goods On purchases more than $25,000, the city shall select products manufactured, assembled or produced in the United States, if quantity, quality, and price are equal. Every contract for public works construction or maintenance more than $25,000 shall contain a provision requesting the contractor to use American products in the performance of the contract.

SCOPE OF WORK

The Contractor shall furnish all supervision, labor, tools, equipment, materials, and supplies necessary to provide trees and tree planting services in accordance with City of Jefferson Tree Planting Specifications below and Missouri Department of Conservation ‘How to Plant a Tree’ guidelines. See Exhibit 2 – MDC How to Plant a Tree.

General Notes:

• Contractor shall supply the City with a contact responsible for the tree planting and the one-year contractor guarantee period. (Name, phone, email)

• All trees will have a one-year contractor guarantee period

• City Urban Forestry Representative shall conduct inspections of plants and tree wells.

See inspection notes

• Contractor is responsible for finding/identifying root flares

• Tree planting wells should be prepared and trees planted in accordance with these plans and MDC’s document included in the bid documents and ANSI A300 standards

Plant Handling:

• Plants should be handled with care to ensure protection against injury

• No plant shall be bound in a manner that could cause damage – this includes ropes, wire, fencing, etc.

• Protective vehicles should transport all plants to prevent windburn, heat related injury, or other related complications

• When moving plants, they should be set down or rolled onto any surface, not dropped.

Any plant dropped will need to be inspected by a City Uban Forestry Representative

• Trees should be handled by the root ball not the trunk to prevent injury

Storing:

• Store in an area approved by a City Urban Forestry Representative. Area should keep the plant safe from construction traffic, excessive element exposure, etc.

• Water plants daily until they are appropriately installed

• Protect root balls thoroughly up to two hours of delivery. Acceptable methods include covering them with soil, wet peat moss, or mulch. Other methods may be approved by a City Urban Forestry Representative

Planting:

• Plant trees in the fall unless otherwise approved

• Plant trees within two hours of delivery or store plant appropriately (see storing notes)

• Set trees in an inspected and approved pit only

• Place trees upright, plump and facing the same way it was in the nursery – indicated by paint marking on the trunk

• Backfill planting pits with approved material (see planting soil notes)

• Mulch should be local material and dyed hardwood mulch

• Final planting area shall be free of grass, debris, weeds, rock, etc.

• DO NOT: plant trees when ground is frozen or use frozen or muddy soil mixtures

Tree Staking:

• Contractor shall stake all planted trees

• All contractor conducted staking must be in compliance with MDC standards

• Any guy used should be A.M. Leonard “Adj -A-Tye” one-half inch (0.5”) chain lock or as approved

Inspection Notes:

• Contractor shall contact a City Urban Forestry Representative to make all tree and related pit inspection arrangements. Unless otherwise approved, arrangements shall be made at least three working days in advance

• Prior to planting, pits shall be inspected for: dimensions, suitable soil, debris, etc.

• Prior to installation at tress shall be inspected for compliance. Inspections shall occur at the project site (see tree notes)

Trees:

All trees shall be installed, stored, and inspected in accordance with these plans and their referenced documentation. Tress will be inspected for compliance with the following.

• Species and location must match the planting plan

• Trunk caliper should be two inches (2”). If 2” caliper is unavailable, a caliper up to 4” will be considered an approved equal. Tree calipers less than 2” will not be considered equal

• Root ball should be 24” in diameter or greater (ANSI Z60 Standards for Nursery Stock) unless otherwise approved

• Tree structure should be sound for long term tree growth (no co-dominates, good crown position, etc.)

• Any other elements that could impact the estimated rate of success as out line in the ANSI A300 (part 6) – Tree, Shrub, and Other Woody Plant Management Standard Practices (Planting and Transplanting)

• All wire, baskets, plastic, twin, burlap, tags, ribbon, rope, etc. have been removed

Damages:

Contractor is responsible for all damages including but not limited to; exiting trees or vegetation, streets, curbs, sidewalks, signage, vehicles, etc.

Tree and Stump Removal:

All existing trees and stumps will be removed from the tree wells by the City of Jefferson prior to the contractor planting.

Tree Wells:

The City of Jefferson will be responsible for excavating and removing the existing soil and materials from the tree well. The contractor will then install the specified soil mixture required for planting.

Planting Soil:

The contractor is responsible for providing and installing up to 1 cubic yard of approved planting soil for each tree. The soil should be pre-mixed off site according to the ratio below. Soil should be free of rocks and debris.

Soil Mixture – 80% approved topsoil, 10% coarse sand, 10% approved compost

Mulching:

All trees and tree wells are to be mulched with an approved mulch. The mulch layer should be 2

- 3 inches in depth. Mulch shall be dyed brown hardwood. Mulch shall not touch the base of the tree (see planting diagram).

Fertilizing:

The City Urban Forestry Division will be responsible for fertilization and ongoing tree maintenance.

Tree Watering:

The Contractor’s watering responsibilities are as follows:

• All trees must be watered daily after delivery and before they are appropriately planted

• All trees must be appropriately watered the same day as planting

• The City Urban Forestry Division will be responsible for watering, maintenance and pruning after the initial planting and watering by the contractor

The City Urban Forestry Division has the following water recommendations for installed vegetation:

• Do not oversaturate the soil

• Do not direct water at plant trucks

• Water trees at one gallon per minute (1 gal/min)

• Water trees at ten gallons (10 gal) per trunk caliper inch

Warranty:

All trees will have a one-year contactor guarantee period. Any tree replacement during that period will be the responsibility of the contractor. This includes tree replacement, labor and materials.

All watering, pruning and tree maintenance during that time will be the responsibility of the City Urban Forestry Division in accordance with the ANSI A300 Tree Care Standards.

Measurement and Payment:

Item No. 1– Tree; Autumn Gold Gingko This item shall include all labor, material, equipment, and services necessary for the installation of Gingko Trees on the public right of way. All work shall be in accordance with industry standards and these plans. This work includes but is not limited to transportation, proper storage, placement of tree, appropriate backfilling, & mulch. The work provided herein will be measured by each tree properly installed and will be paid in a like fashion at the bid unit price.

Item No. 2– Tree; Skyline Honey Locust This item shall include all labor, material, equipment, and services necessary for the installation of Honey Locust Trees on the public right of way. All work shall be in accordance with industry standards and these plans. This work includes but is not limited to transportation, proper storage, placement of tree, appropriate backfilling, & mulch. The work provided herein will be measured by each tree properly installed and will be paid in a like fashion at the bid unit price.

Item No. 3– Tree; Tupelo Tower Black Gum This item shall include all labor, material, equipment, and services necessary for the installation of Black Gum Trees on the public right of way. All work shall be in accordance with industry standards and these plans. This work includes but is not limited to transportation, proper storage, placement of tree, appropriate backfilling, & mulch. The work provided herein will be measured by each tree properly installed and will be paid in a like fashion at the bid unit price.

Item No. 4– Tree; Musashino Japanese Zelkova This item shall include all labor, material, equipment, and services necessary for the installation of Zelkova Trees on the public right of way. All work shall be in accordance with industry standards & these plans. This work includes but is not limited to transportation, proper storage, placement of tree, appropriate backfilling, & mulch. The work provided herein will be measured by each tree properly installed & will be paid in a like fashion at the bid unit price.

Item No. 5– Tree; Bloodgood London Plane This item shall include all labor, material, equipment, and services necessary for the installation of London Plane Trees on the public right of way. All work shall be in accordance with industry standards & these plans. This work includes but is not limited to transportation, proper storage, placement of tree, appropriate backfilling, & mulch. The work provided herein will be measured by each tree properly installed & will be paid in a like fashion at the bid unit price.

Item No. 6 – Tree Staking This item shall include all labor, material, equipment, and services necessary to create and maintain tree staking. This work shall be in accordance with these plans, special provision, and industry standards. This work includes all elements required for staking new tree installations. The work provided herein will be measured by each tree staking properly constructed and will be paid in a like fashion at the bid unit price.

* Bid quantities are estimates and may vary (plus or minus) from actual quantities. The bid unit price will be used regardless of the quantity utilized.

Item No. 7 – Planting Soil and Mulch This item shall include all labor, material, equipment, and services necessary for the installation of planting soil and mulch. This work shall be in accordance with these plans, special provision, and industry standards. This work includes all elements required for installing planting soil and mulch for new tree installation. The work provided herein will be measured by each tree well property filled with planting soil and mulch and will be paid in a like fashion at the bid unit price.

EXHIBIT 1 – SAMPLE CONTRACT

CITY OF JEFFERSON

CONTRACT FOR PROFESSIONAL SERVICES

THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as “City”, and the __________________, hereinafter referred to as “Contractor”.

WITNESSETH:

THAT WHEREAS, the City desires to engage the Contractor to render certain services for the purchasing and installation of trees in various locations, Jefferson City, MO, hereinafter described in Exhibit A.

WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor.

NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows:

1. Scope of Services.

Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the purchasing and installation of trees, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail.

2. Payment.

The City hereby agrees to pay Contractor for the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson’s Public Works Department, and in accordance with the rates and/or amounts stated in the bid of Contractor dated ___________, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed __________ Dollars ($_______).

3. Term.

This contract shall commence on the date last executed by a party as indicated below. The Contractor shall complete said work, as set forth in Exhibit A, by ___________________.

4. Additional Services.

The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives.

5. Personnel to be Provided.

The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor’s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City.

6. Contractor’s Responsibility for Subcontractors.

It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors.

7. Independent Contractor.

The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City.

8. Benefits not Available.

The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen’s Compensation Program of the City.

9. Nondiscrimination.

The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder.

10. Illegal Immigration.

Prior to commencement of the work:

a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services.

b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services.

c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner.

11. Notice to Proceed.

The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A.

12. Termination.

If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The City reserves the right to terminate this contract for convenience by giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may with cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor.

13. Waiver of Breach.

Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein.

14. Authorship and Enforcement.

Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney’s fees, expenses and costs.

15. Severability.

If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged.

16. Assignment.

The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto.

Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee.

17. Existing Data.

All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City.

18. Confidentiality.

Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City.

19. Indemnity.

To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph.

20. Insurance.

Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than “A,” that shall protect the Contractor, the City, and the City’s officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractor of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of no less than the sovereign immunity limits for Missouri public entities calculated by the Missouri Department of Insurance and published annually in the Missouri Register per Section 537.610 RSMo; provided that nothing herein shall be deemed a waiver of the City’s sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City

21. Documents.

Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same.

22. Books and Records.

The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract.

23. Nonsolicitation.

The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee.

24. Delays.

That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages.

25. Amendments.

This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized.

https://revisor.mo.gov/main/OneSection.aspx?section=537.610&bid=28541&hl=

26. Governing Law.

The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney’s fees and expenses incurred in such action.

27. Notices.

All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing.

If to the City: If to the Contractor:

City of Jefferson Name Department of Law Attn:

320 East McCarty Street Address Jefferson City, Missouri, 65101 Address

(Signatures on next page)

CITY OF JEFFERSON, MISSOURI CONTRACTOR

Parks Commissioner Title:

Date: __________ Date: __________

ATTEST:

Title:

APPROVED AS TO FORM:

City Attorney

EXHIBIT 2 – MISSOURI DEPARTMENT OF CONSERVATION

How to Plant a Tree

Selecting trees Consider the limitations of the planting site, the purpose for the tree, and each tree’s unique growing requirements before selecting the type of tree to be purchased. Before purchasing, check to be sure that the new tree does not have a great deal of soil added over the root flare. The root flare is the point where the top major roots extend out from the tree trunk. Unfortunately, many new trees have the root flare buried under several inches of soil.

This is to be avoided, if possible.

Determine the proper planting depth Trees should be planted with their top major roots even with the soil line (see Figure 1). Trees planted at the wrong depth do not develop well and may have shortened life spans. Excess soil should be removed before planting.

For balled-and-burlap trees, gently poke a stiff wire through the burlap next to the tree trunk until you hit a root. Note the distance between the top of the root ball to the first root. Check in two or more locations around the trunk to make sure you’ve located the top major roots. Leave the burlap in place to do this to make moving the tree easier. The distance from the top-most buried root to the bottom of the ball is the correct depth to dig your hole. Carefully remove the excess soil from the top of the root ball once it is in the planting hole.

Container trees should have the soil carefully removed from the top, exposing the root flare, and then planted.

The planting hole Dig a pit at least twice the diameter of the root ball and deep enough to place the root flare even with (or up to 1 inch higher than) the soil line. Place the tree in the hole, taking care to handle it by the root ball—not by the trunk.

In order to prevent settling after planting, make sure the root ball or container soil rests on solid ground—not fill dirt.

Figure 2 Remove excess soil

Root flare

Carefully cut the twine wrapped around the stem at the top of the root ball.

Be sure to remove the following:

1. All excess soil on top of the ball, exposing just the root flare (see Figure 2)

2. Burlap from the top half of the root ball to prevent wicking of moisture from the soil

3. Any container holding the root system

4. The wire basket from around the root ball

5. All tags, labels and strings

Backfill soil Make sure the tree is straight before backfilling. Use the same soil that came out of the pit. Finely chop the soil and remove any stones or debris. Avoid potting soil, peat moss or other amendments. Fill the hole halfway, watering thoroughly as you go, then finish backfilling.

Work the soil around the ball gently so that no air pockets are left. Firm the soil so the tree is vertical and adequately supported, but do not pack the soil.

Figure 1 Planting in uncompacted soils

Ties (optional)

Stakes (optional)

Mulch layer Root ball

Backfill soil Grade level

Optional procedures Stakes Stakes may be used to prevent shifting of the root ball or to protect the stem from mowing equipment.

If needed, the tree should be guyed strongly enough to provide support, but flexibly enough to allow 6 to 8 inches of sway. Drive one or more stakes near the tree, but not through the roots.

The best guying materials are wide and flexible, such as plastic horticultural tape or canvas webbing.

If guy wires are used, placed them through tubing or hose sections to prevent damage to the bark. All guys/ties should be placed low on the trunk.

Remove guys/ties as soon as the tree can stand alone—about three months, but no longer than a year after planting. Guys/ties ultimately can kill your tree if not removed.

Trunk wrap Research indicates that trunk wraps provide little, if any, benefit to trees. In fact, they can encourage damaging insects or disease-causing fungi. Avoid using trunk wraps unless specifically recommended.

Figure 3 Planting in compacted soils

Ties (optional)

Stakes (optional)

Mulch layer

Backfill soil Root ball

Grade level

Water Saturate the entire backfilled soil with water. A slow, gentle soaking is best. Add more soil, if needed, to compensate for settling.

Mulch Cover smoothed soil with 3 inches of wood or bark chips. Shape the mulch into a doughnut 2 to 3 feet wide, leaving a small gap near the trunk. Do not mound mulch onto the trunk of the tree. Mounding encourages root girdling, which can weaken and kill trees. Black plastic, grass clippings or sawdust should not be used as mulch. Keep mulch weeded. Replace as needed.

Pruning Remove only broken or badly deformed branches the first year. Begin a regular pruning program the second or third year after planting.

Equal opportunity to participate in and benefit from programs of the Missouri Department of Conservation is available to all individuals without regard to their race, color, national origin, sex, age or disability. Questions should be directed to the Department of Conservation, P.O. Box 180, Jefferson City, MO 65102, (573) 751-4115 (voice) or 800-735-2966 (TTY), or to the U.S. Fish and Wildlife Service Division of Fed-eral Assistance, 4401 N. Fairfax Drive, Mail Stop: MBSP-4020, Arlington, VA 22203.

Planting in compacted soils To test for compacted soil, do a simple percolation test.

Dig a hole 12 inches to 18 inches deep and fill it with water. If any water is still in the hole 12 to 18 hours later, then you have compacted or heavy clay soils.

Roots need oxygen, so dig a wide, shallow hole three to four times the width of the root ball or container and only half as deep. Mound backfill soil slightly to the top of the root flare, covering the entire excavation. This creates a raised planting bed, which will improve the tree’s performance (see Figure 3). Soils that hold excessive moisture may need a subsurface drain tube installed below the root ball.

Missouri Department of Conservation P.O. Box 180

Jefferson City, MO 65102-0180 www.MissouriConservation.org

1/2010 F00064

ATTACHMENT A – PRICING FORM

(Only use this form if submitting a hard-copy bid)

Street

Address Tree Species

Recommended Botanical Name Size of Tree

Cost of

Tree

Cost to

Plant

Total Cost

Business Near Tree Location

Madison

Street

Bloodgood London

Planetree

Platanus x acerifolia

'Bloodgood'

Cole County

Historical Society

Madison

Street

Bloodgood London

Planetree

Platanus x

Mo School of

Tourism

Madison

Street

Bloodgood London

Planetree

Platanus x

Mo School of

Tourism

Madison

Street

Skyline Honeylocust

Gleditsia triacanthos var.

inermis 'Skyline'

Parking Garage

Madison

Street

Skyline Honeylocust

Gleditsia

Cook Vetter

Doerhoff

Madison

Street

Skyline Honeylocust

Gleditsia

Madison

Street

Tupelo Tower Black Gum

Nyssa sylvatica 'Tupelo

Tower'

Parking lot

Madison

Street

Bloodgood London

Planetree

Platanus x

Home Savings

Bank

Madison

Street

Bloodgood London

Planetree

Platanus x

Home Savings

Bank

Madison

Street

Bloodgood London

Planetree

Platanus x

Tan building black awning

Madison

Street

Bloodgood London

Planetree

Platanus x

Modern Litho

Madison

Street

Bloodgood London

Planetree

Platanus x

Modern Litho

Monroe Street

Musashino Japanese Zelkova

Zelkova serrata 'Musashi no'

Hawthorn Building

Monroe Street

Musashino Japanese Zelkova

Zelkova maroon awning

Monroe Street

Musashino Japanese Zelkova

Zelkova maroon awning

Monroe Street

Musashino Japanese Zelkova

Zelkova

MO Bar

Monroe Street

Musashino Japanese Zelkova

Zelkova

MO Bar

Monroe Street

Musashino Japanese Zelkova

Zelkova

State Farm

Monroe Street

Musashino Japanese Zelkova

Zelkova

State Farm

Monroe Street

Musashino Japanese Zelkova

Zelkova

Monroe House

Monroe Street

Tupelo Tower Black Gum

Nyssa

First Baptist

Church

Monroe Street

Tupelo Tower Black Gum

Nyssa

Monroe Street

Tupelo Tower Black Gum

Nyssa

Monroe Street

Tupelo Tower Black Gum

Nyssa

Monroe Street

Tupelo Tower Black Gum

Nyssa

201 E.

High Street

Skyline Honeylocust

Gleditsia

207 E.

High Street

Skyline Honeylocust

Gleditsia

215 E.

High Street

Skyline Honeylocust

Gleditsia

J Phennys

223 E.

High Street

Skyline Honeylocust

Gleditsia

American

Shoe

302 E.

High Street

Skyline Honeylocust

Gleditsia

Spencer/Jon

Bednar

315 E.

High Street

Skyline Honeylocust

Gleditsia

Library

315 E.

High Street

Skyline Honeylocust

Gleditsia

High Street

Skyline Honeylocust

Gleditsia

High Street

Skyline Honeylocust

Gleditsia

350 E.

High Street

Skyline Honeylocust

Gleditsia triacanthos var. inermis

'Skyline'

Sheriff

350 E.

High Street

Skyline Honeylocust

Gleditsia

Sheriff

416 E.

High Street

Skyline Honeylocust

Gleditsia

Downtown

Chiropractic

620 E.

High Street

Skyline Honeylocust

Gleditsia

Dodson &

Waters LLC

231 E.

Capital

Ave

Autumn Gold Ginkgo

Ginkgo biloba 'Autumn Gold'

Varner Agency

227 E.

Capital

Ave

Autumn Gold Ginkgo

Bail Bond

227 E.

Capital

Ave

Autumn Gold Ginkgo

Bail Bond

217 E.

Capital

Ave

Autumn Gold Ginkgo

Poultry

Federation

211 E.

Capital

Ave

Autumn Gold Ginkgo

MO

Pharmacy

211 E.

Capital

Ave

Autumn Gold Ginkgo

MO

Pharmacy

207 E.

Capital

Ave

Autumn Gold Ginkgo

MBA

201 E.

Capital

Ave

Autumn Gold Ginkgo

MBA

100 E.

Capital

Ave

Tupelo Tower Black Gum

Nyssa

MO School

Board

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

First

Presbyterian Church

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

Church

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

Church

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

Church

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

Church

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

Church

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

Church

100 E.

McCarty

St.

Tupelo Tower Black Gum

Nyssa

Church

Discount for prompt payment on invoices only ___%___ days. Discount will not be evaluated on bid.

The prices contained in this bid are firm for _____ days prior to award.

Do you agree to cooperative procurement by Cole County? YES ___ NO ___

Do you agree to cooperative procurement by the Housing Authority? YES ___ NO ___

SUBCONTRACTORS

All subcontractors shall be listed if the bidding intends to use subcontractors.

I/We the undersigned do hereby certify that the information presented in this proposal is true and accurate and agree to provide the specified products and services at the price and time stated if awarded the bid. I/We also certify that I am a duly authorized representative of the business entity below and that I possess the legal authority to sign on behalf of the business for which I am acting.

Name of Company

Agent & Title

Address

Telephone

Email Address

Signature & Date

Form of Business: __ Sole Proprietorship __ Partnership __Corporation __ Limited Liability Corporation

ATTACHMENT – B

Affidavit of Compliance with Section 285.525-285.550 RSMo

For All Services in Excess of $5,000.00

State of ________________________ ) ) ss County of ______________________ )

I, __________________________, am an authorized agent of _________________________ (Bidder). This business is enrolled and participates in a federal work authorization program for all employees working in connection with services provided to the City of Jefferson. This business does not knowingly employ any person that is an unauthorized alien in connection with the services being provided. Documentation of participation in a federal work authorization program (signature page of the MOU with Homeland Security) is attached to this affidavit.

Furthermore, all subcontractors working on this contract shall affirmatively state in writing in their contracts that they are not in violation of Section 285.530.1 RSMo, shall not thereafter be in violation and submit a sworn affidavit under penalty of perjury that all employees are lawfully present in the United States.

Affiant Date

Subscribed and sworn to before me this _______ day of ___________, ______.

Notary Public

My commission…