INVITATION FOR BID (IFB) MDC 0000000272SL

If you have any questions, please contact:

Procurement Entity State of Missouri

Buyer ASHLEY BALLARD Location

Phone Fax

E-mail Ashley.Ballard@mdc.mo.gov

State of Missouri

Missouri Department of Conservation

RESPONSES ARE DUE NO LATER THAN: NOVEMBER 2, 2026, AT 2:00 PM CENTRAL TIME

Responses are preferred to be submitted electronically via MissouriBUYS, powered by MOVERS. If bid response preference is by US mail, please contact Buyer of Record.

Original contract period shall be from date of award through one year.

ATTENTION:

1. After reviewing the solicitation, the supplier must complete and return all necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance

Exhibits herein as explained in the solicitation's Supplier Response Exhibits, suppliers are encouraged to IMMEDIATELY begin securing these verifications.

3. The supplier must be registered in MissouriBUYS, powered by MOVERS) to be considered for contract award.

INSTRUCTIONS:

1. From the Table of Contents on the left-hand side of this screen, navigate to the Contract Terms section and click the Download Contract button to review the solicitation terms in its entirety.

2. Navigate to the Lines and Requirements sections to review and download any available attachments.

3. Click Create Response to enter your response.

Table of Contents

1 Overview

1.1 General Information

1.2 Schedule

1.3 Additional Information

1.4 Solicitation Controls

1.5 Terms

1.6 Attachments

2 Requirements

2.1 Section 1. Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Business Enterprise (SDVE), and/or Honorably Discharged Veteran Enterprise (HDVE)

2.2 Section 2. State of Missouri Tax Compliance

2.3 Section 3. Secretary of State Registration or Exemption

2.4 Section 4. Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization...10

2.5 Section 5. Employee/Conflict of Interest

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

3.2.2 Line 2

3.2.3 Line 3

3.2.4 Line 4

4 Contract Terms

1 Overview

1.1 General Information

Title Timber Stand Improvement- White Ranch North

Synopsis 114 Acres of Timber Stand Improvement services at White Ranch Conservation Area, located in Howell County.

Buyer ASHLEY BALLARD Outcome Blanket Purchase Agreement

E-Mail Ashley.Ballard@mdc.mo.

gov

1.2 Schedule

Close Date 11/02/2026 2:00 PM Open Date 10/21/2026 1:00 PM Time Zone Central Time

1.3 Additional Information

Pre-Bid/Pre-Proposal Conference Date and Time 00+00:00

Pre-Bid/Pre-Proposal Conference Location Tour Date and Time 00+00:00

Tour Location Tour Contact Name TYLER TRANTHAM

Tour Contact Phone # Tour Contact Email TYLER.TRANTHAM@MDC.MO.GOV

1.4 Solicitation Controls

Response Visibility Sealed

Lines Settings Rank Indicator No indicator displayed

Ranking Method Price only

1.5 Terms

Agreement Start Date Agreement End Date Agreement Amount

(USD)

Minimum Release

Amount (USD) Payment Terms Immediate Freight Terms

Shipping Method FOB Solicitation Currency USD (US Dollar)

Price Precision 2

1.6 Attachments

File Name or URL Type Description Proximity Map.jpg File Proximity Map Stand Map.jpg File Stand Map

2 Requirements *Response is required

2.1 Section 1. Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Business Enterprise (SDVE), and/or Honorably Discharged Veteran Enterprise (HDVE)

*1. Organization for the Blind/Sheltered Workshop, Service-Disabled Veteran Business Enterprise (SDVE), and/or Honorably Discharged Veteran Enterprise (HDVE) Participation Commitment If the supplier is committing to Organization for the Blind/Sheltered Workshop and/or SDVE and/or HDVE Participation (as outlined herein), either through subcontractor participation or if the supplier is a qualified Organization for the Blind/Sheltered Workshop, SDVE, and/or HDVE Participation, the supplier must provide the required information below for each organization proposed in order to receive evaluation consideration for the Participation.

Blind/Sheltered Workshop Resources:

A list of Missouri sheltered workshops may be found at the following websites:

Listing of Missouri Sheltered Workshops: http://dese.mo.gov/special-education/sheltered-workshops/directories Missouri Sheltered Workshops Products/Services Locator: http://moworkshops.

org/services.html

The websites for the Missouri Lighthouse for the Blind and Alphapointe Association for the Blind may be found at the following websites:

http://www.lhbindustries.comand http://www.alphapointe.org

Participation Commitment Submission Instructions For each Organization for the Blind/Sheltered Workshop proposed, the supplier must:

1. identify the name of each qualified Organization for the Blind/Sheltered Workshop,

2. describe the proposed products/services and/or identify the solicitation paragraph title/number which requires the proposed products/services,

3. if the participation is not proposed throughout the life of the contract, then identify specifically when, during the term of the contract, the proposed products/services would be provided/performed, and

4. enter the committed participation percentage of the actual total contract value in the appropriate section.

The services performed or the products provided by the listed Organization for the Blind/Sheltered Workshop must provide a commercially useful function related to the delivery of the contractually http://dese.mo.gov/special-education/sheltered-workshops/directories http://dese.mo.gov/special-education/sheltered-workshops/directories http://moworkshops.org/services.html http://moworkshops.org/services.html http://www.lhbindustries.com/ http://www.alphapointe.org/ required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract.

Missouri Veteran Business Enterprise Preference Pursuant to sections 34.069 and 34.074 RSMo, and 1 CSR 40-1.050, the Department has a goal of awarding three percent (3%) of all contracts for the performance of any job or service to qualified Service-Disabled Veteran Business Enterprises (SDVEs) and Honorably Discharged Veteran Business Enterprises (HDVEs).

QUALIFIED SDVE:

The following definitions shall be used in determining whether an individual, business, or organization qualifies as an SDVE:

• In order to be considered a qualified SDVE for purposes of this solicitation, the supplier must be certified as an SDVE by the State of Missouri, Office of Administration, Office of Equal Opportunity (OEO) by the bid opening date;

• Doing business as a Missouri firm, corporation, or individual maintaining a Missouri office or place of business, not including an office of a registered agent;

• Having not less than fifty-one percent (51%) of the business owned by one (1) or more service-disabled veterans (SDVs) or, in the case of any publicly owned business, not less than fifty-one percent (51%) of stock of which is owned by one (1) or more SDVs.

(An SDV is defined as any individual who is disabled as certified by the appropriate federal agency responsible for the administration of veterans' affairs);

• Having the management and daily business operations controlled by one (1) or more SDVs; and

• Possessing the power to make day-to-day as well as major decisions on matters of management, policy, and operation.

QUALIFIED HDVE:

The following definitions shall be used in determining whether an individual, business, or organization qualifies as an HDVE:

• In order to be considered a qualified HDVE for purposes of this solicitation, the supplier must be certified as an HDVE by the State of Missouri, Office of Administration, Office of Equal Opportunity (OEO) by the bid opening date;

• Doing business as a Missouri firm, corporation, or individual maintaining a Missouri office or place of business, not including an office of a registered agent;

• Having not less than fifty-one percent (51%) of the business owned by one (1) or more honorably discharged veterans (HDVs) or, in the case of any publicly owned business, not less than fifty-one percent (51%) of stock of which is owned by one (1) or more HDVs. (An HDV is defined as any individual who is honorably discharged from any branch of the United States Armed Forces as certified by the appropriate federal agency responsible for the administration of veterans' affairs;

• Having the management and daily business operations controlled by one (1) or more

HDVs; and

• Possessing the power to make day-to-day as well as major decisions on matters of management, policy, and operation.

Select all that apply:-

a. Organization for the Blind/Sheltered Workshop

b. None

Respond to the following requirements if you selected option a. for requirement 1.

*1.a.1. Provide the name of the Organization for the Blind or Sheltered Workshop proposed and the description of products/services to be provided.

Complete and upload the attached Documentation of Intent to Participate.

Attachments:

File Name or URL Type Description Documentation of Intent to Par

File

Response attachments are required.

2.2 Section 2. State of Missouri Tax Compliance

*1. In accordance with Section 34.040.7, RSMo, the Department is precluded from contracting with a supplier or its affiliate who makes sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this state but fails to collect and properly pay the tax as provided in Chapter 144, RSMo.

In order to verify the supplier's State of Missouri tax compliance with the Missouri Department of Revenue (DOR), the supplier must provide a "Vendor No Tax Due" certificate issued by DOR prior to award. By providing the "Vendor No Tax Due" certificate, the supplier is verifying the supplier is either registered to collect sales and/or use tax in Missouri or is not making retail sales of tangible personal property or providing taxable services in Missouri.

The DOR will issue the "Vendor No Tax Due" certificate if the supplier is properly registered to collect and have properly remitted sales and/or use tax or if the supplier is not making retail sales in Missouri.

How to Obtain a "Vendor No Tax Due" Certificate

• A "Vendor No Tax Due" certificate can be obtained from the Missouri Department of Revenue when a business pays all of its sales/use tax in full, up to date, does not have a sales tax delinquency, or does not sell tangible personal property in Missouri.

• If taxes are due, depending on the payment history of the business, a cashier's check or money order may be required for payment before a "Vendor No Tax Due" certificate can be issued.

• A "Vendor No Tax Due" certificate can be obtained by completing and submitting the Request for Tax Clearance, Form 943, to the Missouri Department of Revenue, Division of Taxation & Collection. This form is available at http://dor.mo.gov/forms/943.pdf. Make sure to select the appropriate "Reason for Request' on page 2 of the form.

• For assistance, call (573) 751-9268 or email taxclearance@dor.mo.gov. Additional information regarding Section 34.040.7, RSMo, is available on the Department of Revenue's website at http://dor.mo.

gov/business/sales.

NOTE: Make sure to request a "Vendor No Tax Due" certificate as there are other similar tax clearance forms that do not meet this verification requirement. The steps to obtain a "Vendor No Tax Due" certificate is outlined at https://dor.

mo.gov/taxation/business/tax-types/sales-use/hb600.html.

"Vendor No Tax Due" certificate is attached.

Select one of the following:-

a. Yes(Response attachments are required)

b. No

Respond to the following requirements if you selected option b. for requirement 1.

*1.b.1. Enter date Form 943 was submitted to DOR.

2.3 Section 3. Secretary of State Registration or Exemption

*1. In accordance with Section 351.572, RSMo, the supplier must be properly registered with the Missouri Secretary of State or identify how the supplier's business is exempt from registering with the Missouri Secretary of State.

In order to verify the supplier is properly registered with the Missouri Secretary of State, the supplier must either be:

• properly registered with the Missouri Secretary of State at time of bid submission or prior to contract award, or

• must identify how the supplier's business is exempt from registering with the Missouri Secretary of State.

NOTE: For any questions regarding Secretary of State registration, suppliers should go to https://www.sos.mo.

gov/business/startBusiness.asp or call 866-223-6535, Monday through Friday, 8:00 a.m. to 5:00 p.m., Central Time, excluding state holidays.

Complete and upload the attached exhibit and enter "Complete" in the text box below.

Attachments:

File Name or URL Type Description http://dor.mo.gov/forms/943.pdf http://dor.mo.gov/business/sales.

http://dor.mo.gov/business/sales.

https://dor.mo.gov/taxation/business/tax-types/sales-use/hb600.html.

https://dor.mo.gov/taxation/business/tax-types/sales-use/hb600.html.

https://www.sos.mo.gov/business/startBusiness.asp https://www.sos.mo.gov/business/startBusiness.asp

Secretary of State Registratio

File

Response attachments are optional.

2.4 Section 4. Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization

*1. Pursuant to section 285.530, RSMo, if the supplier meets the section 285.525, RSMo, definition of a "business entity" (the Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions must be submitted prior to an award of a contract.

If completed portions of documentation are available, upload documentation and enter "Completed" in the field below.

If completed portions of documentation are not yet available, enter "Pending" in the field below.

Attachments:

File Name or URL Type Description Business Entity Certification, File

Response attachments are optional.

2.5 Section 5. Employee/Conflict of Interest

*1. Suppliers who are elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.450 to 105.458, RSMo, regarding conflict of interest. If the supplier or any owner of the supplier's organization is currently an elected or appointed official or an employee of the State of Missouri or any political subdivision thereof, please provide the following information. The information must be provided prior to the award of a contract.

Select one of the following:-

a. No - Not Applicable

b. Yes

Respond to the following requirements if you selected option b. for requirement 1.

*1.b.1. Name and title of elected or appointed official or employee of the State of Missouri or any political subdivision thereof:

http://revisor.mo.gov/main/OneChapter.aspx?chapter=285 http://revisor.mo.gov/main/OneChapter.aspx?chapter=285

*1.b.2. If employee of the State of Missouri or political subdivision thereof, provide name of state agency or political subdivision where employed:

*1.b.3. Percentage of ownership interest in supplier's organization held by elected or appointed official or employee of the State of Missouri or political subdivision thereof:

3 Lines Instructions The supplier shall provide a firm, fixed price per acre for each of the following for providing the services required in accordance with the provisions and requirements stated herein. All costs associated with providing the required services shall be included in the stated prices.

3.1 Line Information

Line Estimated Quantity

UOM Response Price

Line Amount

Response Minimum

Release Amount

1-Cutting Block 1, Compartment 3, Stand 12. Current Basal Area 121.7.

Target Basal Area 72.

23.1 ACR

E

2-Cutting Block 2, Compartment 4, Stands 15 & 43.

Current Basal Area 65 & 66.

Target Basal Area 45 & 46.

31.9 ACR

3-Cutting Block 3, Compartment 2, Stands 32, 33, &

44. Current Basal Area 68, 72, &

82.5. Target Basal

Area 46, 52, & 60.

53.2 ACR

4-Cutting Block 4, Compartment 2, Stand 45. Current Basal Area 72.5.

Target Basal Area 20.

5.8 ACR

3.2 Line Details

3.2.1 Line 1 Cutting Block 1, Compartment 3, Stand 12. Current Basal Area 121.7. Target Basal Area 72.

Category Name 70151500 -

FORESTRY

MANAGEMENT

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (USD)

Note Price per acre for this Cutting Block.

3.2.2 Line 2 Cutting Block 2, Compartment 4, Stands 15 & 43. Current Basal Area 65 & 66. Target Basal Area 45 & 46.

MANAGEMENT

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (USD)

Note Price per acre for this Cutting Block.

3.2.3 Line 3 Cutting Block 3, Compartment 2, Stands 32, 33, & 44. Current Basal Area 68, 72, & 82.5. Target Basal Area 46, 52, & 60.

MANAGEMENT

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (USD)

Note Price per acre for this Cutting Block.

3.2.4 Line 4 Cutting Block 4, Compartment 2, Stand 45. Current Basal Area 72.5. Target Basal Area 20.

MANAGEMENT

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (USD)

Note Price per acre for this Cutting Block.

4 Contract Terms

Contract Terms and Conditions

Purpose Titles Background and Historical Usage Information IFB Questions Tour Information Scope of Work General Requirements Familiarity with Conditions Contractor's Obligation Children/Juveniles Use of Subcontractors Hazardous Conditions Missouri Watershed Protection Practice Assignment of Contract Amendments Applicable Laws Performance Requirements Schedule of Services Quality Control Invoicing and Payment Requirements Terms and Conditions Applicable Laws and Regulations Non-Discrimination and Affirmative Action Americans with Disabilities Act Authorized Personnel/E-Verify Business Registration Elected or Appointed Officials and Employees Indemnification Legal Proceedings Invoicing and Payment Non-Appropriation of Funds Open Records Protests Records Access State Preferences Taxes General Contractual Requirements Contract Governance Supplier's Response Binding Notice of Award Contract Amendment Contract Period Contract Pricing Termination for Convenience Cancellation for Breach of Contract Contract Assignment Contractor Liability Insurance Single Point of Contact and Responsibility Contractor Status

Subcontractors Participation by Other Organizations Substitution of Personnel Coordination Actions, Suits, or Proceedings Conflict of Interest Remedies and Rights Communications and Notices Survivability of Terms Supplier Submission, Evaluation, and Award Information Bid Submission Overview Preparation of Bid Compliance with Requirements, Terms, and Conditions Solicitation Response Submission Options Hard Copy Submission of Solicitation Response On-Line Submission of Solicitation Response Bid Opening Evaluation Process Award Determination Compliance Review Business Compliance Requirements Clarifications and Corrections Organization for the Blind and Sheltered Workshop Participation Prerequisites Missouri Veteran Business Enterprise Preference Prerequisites

Purpose

This document constitutes an invitation for competitive bids for the Missouri Department of Conservation (hereinafter referred to as "Department") in accordance with the requirements and provisions stated herein.

1. Timber Stand Improvement (TSI) is a management practice that improves the stand's species composition, structure, condition, health, and growth. This is achieved by the thoughtful selection and spacing of crop trees (leave trees) and the felling of undesirable trees, to provide the crop trees with optimum spacing and resources.

2. Acceptable Growing Stock (AGS) – a vigorously growing, single-stemmed, dominant or co-dominant tree that has apical dominance and is generally straight and free of defect.

a. Desirable tree species to keep are (shortleaf pine, black walnut, white oak, northern red oak, black oak, scarlet oak, and hickories).

b. Desirable wildlife trees to keep are persimmon, red mulberry, red bud, dogwood, farkleberry, and wild plum.

3. Unacceptable Growing Stock (UGS) – suppressed, low vigor trees that has one or more of the following common defects: poor timber form, excessive branching, sweep, crook, and rot from insects, fungus, or disease.

a. Undesirable tree species to cut are generally (black gum, red maple, sugar maple, eastern red cedar, and sassafras).

4. Overstory Thinning TSI – the thinning of an immature, even-aged, non-merchantable, pole-sized trees by reducing the stocking density; thereby concentrating the growth potential on the high quality AGS trees.

5. Understory Thinning TSI – the understory of a forest or woodland is pole-sized or small trees that is not part of the main canopy of trees. These understory trees are typically of low vigor and suppressed. These trees shade the forest floor, reducing plant diversity and desirable tree regeneration. The focus of this practice is reducing the dominance of these suppressed small trees and pole trees.

6. Size classes of trees measured in diameter at breast height (DBH) 4.5 feet above ground; small trees 2 to 4 inches, pole trees 5-9 inches, sawtimber trees 10 inches and greater.

7. Uneven-Aged Management Improvement Cut – the objective of this management is to create a self-sustaining uneven-aged forest or woodland that has multiple age classes growing within the same stand. This is achieved by utilizing a combination of overstory thinning, understory removal, and slashing in stand openings. It evaluates and selects AGS trees from across all size classes and species, and it keeps the best and healthiest trees on site.

8. Post-Harvest Slashing TSI – the trees are small woody stems that are found in stand openings, in full direct sunlight, after a merchantable timber harvest has been completed. They might have poor timber form, have suffered from long-term suppression and should be cut because they would not respond favorably to release, or they may have suffered structural damage from the recent harvest, and/or belong to the undesirable tree species group.

Titles

Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.

Background and Historical Usage Information

The Missouri Department of Conservation's mission is to protect and manage the fish, forest, and wildlife resources of the state, to serve the public and facilitate their participation in resource management activities, and to provide opportunities for all citizens to use, enjoy and learn about fish, forest, and wildlife resources.

IFB Questions

1. Buyer is Single Point of Contact for Solicitation

The supplier and the supplier's agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all questions or comments regarding the IFB, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this IFB. Suppliers and their agents who have questions regarding this matter should contact the buyer. It is preferred that questions be emailed to the buyer.

a. Except as noted herein, suppliers and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Suppliers can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulations (CSR) 40-1.060(8)(G) and (H) available at

2. Supplier is Responsible for Asking Questions Regarding the IFB

It is the supplier's responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the supplier believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the supplier's ability to submit a bid.

3. Supplier Questions Deadline

All questions and issues should be submitted at least five (5) business days prior to the return date of the bid. If not received prior to five (5) business days before the bid return date, the Department may not be able to fully research and consider the respective questions or issues.

4. Department's Response to Supplier Questions

Upon the Department's consideration of questions and issues and if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for IFB amendment. All suppliers will be advised of any change to the IFB's language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

5. IFB is Department's Only Official Position

The only official position of the Department shall be that which is contained in the IFB and any amendments thereto.

Tour Information

A tour of the area will be provided only if requested by the supplier. To schedule a tour, contact Tyler Trantham at tyler.trantham@mdc.mo.gov

1. Purpose of Tour

The purpose of the tour is to provide suppliers with the opportunity to inspect, examine, and assess the area to determine any existing conditions and factors that may affect the performance of the services required herein. The contractor acknowledges that they have taken reasonable steps to tour the work areas and are aware of conditions which could affect productivity and cost, including but not limited to:

a. The quality and the estimated number of trees to cut.

b. Road conditions including but not limited to ingress and egress.

c. Uncertainties of weather or physical conditions at the site.

Any failure of the contractor to tour the work areas will not relieve the contractor from obligations under this contract.

Scope of Work

General Requirements

The contractor shall provide services at White Ranch Conservation Area in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department.

1. The contractor shall adhere to Visual Management Zones.Visual Management Zones require the woody debris to be slashed to less than or equal to a height of 3 feet tall or removed from area.

a. Unimproved Roads, 25 feet.

b. Improved Roads or County Roads 75 feet.

c. State Highways, 125 feet.

2. Stand boundaries will be marked with flagging. Flagged trees will not be cut.

Familiarity with Conditions

The contractor shall understand and agree that it is their responsibility to become familiar with the conditions that exist prior to award of the contract. The contractor shall not be relieved of the performance of the provisions and requirements specified herein.

Contractor's Obligation

Unless otherwise specified herein, the contractor shall provide all tools, equipment, materials, labor, supervision, and supplies necessary to perform the services herein.

Children/Juveniles

The contractor will agree that children or juveniles will not be allowed to accompany the contractor or contractor's employees on the job site.

Use of Subcontractors

The contractor shall not engage or use the services of subcontractors in performing the contract unless the contractor obtains prior written approval from the Department. Any subcontractors used in conjunction with this agreement shall be bound to the same requirements placed on the contractor.

Hazardous Conditions

The contractor understands that there may be hazardous conditions, and the contractor hereby voluntarily accepts and assumes all risks from these conditions and agrees to incur these risks as a condition of the contract.

Missouri Watershed Protection Practice

The contractor shall adhere to all applicable Best Management Practices outlined in the current Missouri Watershed Protection Practice guidelines, which may be found at https://mdc.mo.gov.

Assignment of Contract

This contract may not be assigned in whole or in part by the contractor without written consent of the Department.

Amendments

The contractor shall agree that this agreement shall not be amended or modified except in https://mdc.mo.gov writing and signed by all parties of the original agreement.

Applicable Laws

The contractor agrees to comply with all applicable laws of the State of Missouri.

This contract shall be interpreted in accordance with the laws of the State of Missouri. It is mutually agreed that the venue for any cause of action regarding this contract shall be the Circuit Court of Cole County, Jefferson City, Missouri.

Performance Requirements

1. The contractor shall leave dominant or co-dominant trees, with good tree form and vigor, with little or no defect, and a clear single stem.

2. The contractor shall cut all vines from crop trees.

3. The contractor will leave an AGS crop tree every 25 to 35 feet.

4. The contractor will not leave a suppressed or UGS tree as though it was a crop tree.

5. The contractor shall reduce the stocking of small to pole-sized trees to the target basal area. These trees range in size from 2 to 8 inches, DBH, and 10 to 50 feet tall.

6. The contractor shall leave some desirable wildlife trees.

7. The contractor shall cut all red cedar trees and shall slash them down to a height that is less than 3 feet, including their tops.

8. The contractor shall not pile red cedar tops close to any leave tree.

9. The contractor shall not cut or damage a tree marked with blue paint.

10. The contractor shall not cut boundary trees.

11. The contractor shall not block the natural flow of water in a drainage or creek.

12. The contractor shall take immediate and independent action to prevent and suppress fires caused by the contractor in or near the work area.

13. The contractor and/or the contractor's employees will wear all PPE (Personal Protective

Equipment) during chainsaw operations.

14. The contractor shall determine whether a tree is desirable or undesirable; therefore, a good working knowledge of tree identification is essential to complete this project.

15. The contractor shall not dump or dispose of any containers, oil, hydraulic fluid, other petroleum products, and/or litter on the Department's property. The contractor will remove all paper, plastic, metal, and other refuse from the work area each day.

16. The contractor shall cease cutting when people are in close proximity to the contractors' equipment and will continue only when that person or persons has moved a safe distance from the cutting area.

17. The contractor shall carry out timber stand improvement operations in such a manner as to cause the least amount of damage to the surrounding crop trees.

18. The contractor shall not cut or damage any trees or markers designating the property and/or the management area boundaries.

19. The contractor shall repair any damage to fences as a result of the work performed.

20. The contractor shall ensure that the public and established roads and parking lots, accessible by standard pickup or car, will remain clear and useable.

21. The contractor shall remove any trees felled into fields, food plots, or other open areas.

22. The contractor's vehicles, including ATVs and UTVs, shall stay on established roadways and trails, unless otherwise permitted by the Forester or the Forester's designee, via a Special Use Permit.

23. The contractor's vehicle and equipment access is restricted to daylight hours, when the ground is dry or frozen to minimize rutting.

24. The contractor shall repair any excessive damage to the fields or roads. Excessive damage is defined, primarily, as ruts caused by vehicle traffic that is over eight inches (8") deep.

25. The contractor and Forester or his/her designee shall coordinate use of designated trails and gates for access.

26. The contractor shall keep all den, cavity, and standing dead (snags) trees, unless they pose a significant danger to the contractor or to the public.

27. The contractor shall cut stems within the first 6 inches above the soil line, on the uphill side. The stumps must be cut flat and not to exceed a 25° angle.

28. The contractor shall cut or release all spring poles.

29. The contractor shall cut down all hanging trees and bring them to the ground.

30. The contractor shall not girdle a tree.

Schedule of Services

1. The contractor shall progress through the work areas in a sequence directed by the Forester or the Forester's designee, unless otherwise stated in this contract.

2. The contractor shall conduct no felling activities during the following time periods:

a. Opening Weekend of Firearms Deer November Portion.

b. Firearms Deer Early Youth Portion.

c. The first week of Regular Spring Turkey Hunting Season with exception; Harvesting activity may be allowed after 1:00 pm Central Daylight Time if approved, in writing, by the Timber Sale Administrator.

d. Youth Spring Turkey Hunting Season.

e. During managed hunts if applicable to the Conservation Area.

f. Conservation Area Closed hours of 10:00 pm and 4:00 am.

g. Firearms Deer November Portion.

h. Regular Spring Turkey Hunting Season with exception; Harvesting activity may be allowed after 1:00 pm Central Daylight Time if approved, in writing, by the Forester.

Quality Control

The Department will conduct periodic inspections of the contractor's work to ensure and measure compliance with the specifications.

Invoicing and Payment Requirements

The contractor shall be paid in accordance with the firm, fixed price stated on the Pricing Page after acceptance of services by the Area Manager or his/her designee.

1. Invoicing

The contractor shall submit to the Department an itemized invoice for services upon completion and acceptance of the Department's scope of work.

a. Invoices shall be mailed to:

Missouri Department of Conservation

Andrew Kenner

2302 County Park Dr.

Cape Girardeau MO. 63701

Or submitted electronically to: andrew.kenner@mdc.mo.gov

b. The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor's MissouriBUYS, powered by MOVERS, supplier registration. The invoice number will be listed on the state's EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the solicitation.

c. The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and should be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

d. The contractor shall not invoice federal or state taxes unless otherwise required under law or regulation.

2. Payment

a. Payments are due upon receipt of a valid invoice, payable in thirty (30) calendar days.

All invoices for equipment, supplies, and/or services purchased by the Department shall be subject to late payment charges as provided in section 34.055, RSMo.

b. The Department does not pay state or federal taxes unless otherwise required under law or regulation.

c. The Department assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the Department's rejection and shall be returned at the contractor's expense.

d. The Department will not pay for a software component until the initiation of the implementation of that software component.

e. The contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri's central accounting system (SAM II) on the Vendor Services Portal at: https://www.vendorservices.mo.gov/vendorservices/Portal/Default.

aspx.

https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.

https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.

Terms and Conditions

Applicable Laws and Regulations

The contract shall be construed according to the laws of the State of Missouri. The contractor and the Department must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and department.

Non-Discrimination and Affirmative Action

Contractors with fifty (50) or more employees must comply with and have an affirmative action plan in accordance with Executive Order 94-03, Article XIII.

Americans with Disabilities Act

In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.

Authorized Personnel/E-Verify

a. For work performed under the contract, the contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the contractor employs personnel not authorized to work in the United States, the Department shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

b. Prior to the performance of any services, a contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for 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 enroll and participate in the E-Verify program.

c. The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the Department on an annual basis.

d. The contractor shall ensure that its subcontractors comply with section 285.530, RSMo.

Business Registration

The contractor must meet the requirements for conducting business in the State of Missouri, prior to performance of services under the contract, and for the duration of the contract. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations. Such business requirements for formation and operation include, but are not limited to, those in Chapters 347-359, RSMo.

Elected or Appointed Officials and Employees

Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest.

Indemnification

Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri, Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

Legal Proceedings

a. For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri's interests. The venue for any legal proceeding relating to or arising out of the solicitation or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

b. The contractor and the Department agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.

c. The Department does not agree to any arbitration. The Department does not voluntarily agree to the payment of attorneys' fees. The Department may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the Department.

Invoicing and Payment

Invoicing and payments must follow section 33.120, section 34.055, and section 8.960, RSMo. All payments shall be made in arrears, unless the requirements of 1 CSR 10-3.010 allow for advance payment of goods or services.

Non-Appropriation of Funds

The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the Department for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo.

Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-

3.010 (1)(B).

Open Records

Pursuant to section 610.021, RSMo, the contract and related documents are available for public review.

Protests

Any bid award protest must be received within ten (10) state business days after the date of award in accordance with the requirements of 1 CSR 40-1.050.

Records Access

The contractor shall grant the State Auditor access to records/items as stated in section 29.235, RSMo.

State Preferences

If the contractor's awarded bid included state preferences, the contractor must comply with the rules applicable to those preferences including:

a. Section 34.070 and section 34.073 RSMo for Missouri business preferences;

b. Section 34.074 RSMo and 1 CSR 40-1.050 for Service-Disabled Veteran Enterprises;

c. Section 34.069 RSMo for Honorably Discharged Veteran Enterprises;

d.

Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered Workshops; and

Taxes

The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax. No contract shall be awarded to a vendor that does not meet the conditions of section 34.040.7, RSMo.

General Contractual Requirements

Contract

A binding contract shall consist of the following documents:

a. the most current version of the solicitation document (including all Exhibits and Attachments) as amended by: solicitation amendment(s) issued prior to bid closing, and contract amendment(s);

b. the most current version of the contractor's bid, Department-requested clarification responses, and contract amendment responses, and the contractor's documentation;

and

c. the Department's acceptance of the response (bid) by "notice of award".

Governance

a. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein.

b. The contractor further agrees that the language of the solicitation shall govern in the event of a conflict with the contractor's response.

Supplier's Response Binding

The supplier's response, whether responding to a mandatory requirement or a desired attribute, will be binding upon the contractor in the event the supplier's response is accepted by the Department and a contract is awarded.

Notice of Award

A Notice of Award issued by the Department does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies, and/or services for the Department, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the Department.

Contract Amendment

All changes to the contract must be accomplished by a formal contract amendment executed by both the contractor and the Department prior to the effective date of such change. No other means shall be used or construed as an amendment or modification to the contract.

Contract Period

The original contract period shall be as specified on the cover page and the subsequent Notice of Award.

Contract Pricing

All prices shall be firm, fixed, and as indicated on the Pricing Page. The Department shall not pay nor be liable for any other additional costs, including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, liquidated damages, attorney fees, etc.

Termination for Convenience

The Department reserves the right to terminate the contract at any time, for the convenience of the Department, 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 supplies delivered to and accepted by the

Department pursuant to the contract prior to the effective date of termination. The Department shall determine the value of any work in process, but not completed and accepted by the Department, based on the work products created and agreed to by both parties

Cancellation for Breach of Contract

a. In the event of material breach of the contractual obligations by the contractor, the Department may cancel the contract. At its sole discretion, the Department may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. As specified by the Department, the actual cure must be completed within no more than ten (10) state business days from notification, or at a minimum the contractor must provide the Department within ten (10) state business days from notification a written plan detailing how the contractor intends to cure the breach.

b. If the contractor fails to cure the breach or if circumstances demand immediate action, the Department will issue a notice of cancellation terminating the contract immediately.

If it is determined the Department improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

c. If the Department cancels the contract for breach, the Department reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the Department deems appropriate and charge the contractor for any additional costs incurred thereby.

d. The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the Department for any period in which funds have not been appropriated or where the funds are withheld by the governor, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations or due to the governor's withholding.

Contract Assignment

Any contract assignment, except as noted below, shall require prior written consent by the Department, which shall not be unreasonably withheld. However, the contractor may assign the contract without the Department's prior consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, contingent upon the assignee agreeing to be bound by all of the terms of the contract with the Department and all past due fees are paid in full. The contractor must notify the Department of all contract assignments, which shall be addressed in a contract amendment. Any other means of assignment shall be void and of no effect. Subject to the foregoing, the contract shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

Contractor Liability

The contractor shall be responsible for any and all personal injury (including death) or property damage as a result of the contractor's negligence involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract. In addition, the contractor assumes the obligation to save the Department, including its employees and assignees, from every expense, liability, or payment arising out of such negligent act.

a. The contractor also agrees to hold the Department, including its employees and assignees, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the contractor under the terms of the contract.

b. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the Department, including its employees and assignees.

c. Under no circumstances shall the contractor be liable for any of the following: (1) third party claims against the Department for losses or damages (other than those listed above); (2) loss of, or damage to, the Department's records or data; or (3) economic consequential damages (including lost profits or savings) or incidental damages, even if the contractor is informed of their possibility.

Insurance

The contractor shall understand and agree that the Department cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract.