Tree Planting RESTORE

Section 1. Introduction
1.1 Agency Background
The Mississippi Forestry Commission (MFC) is a state government agency established in 1926
to lead forest protection, management, and sustainability efforts across Mississippi's roughly 19.2
million acres of forestland. It focuses on wildfire prevention and suppression, technical forest
management assistance for landowners, forest health monitoring, and providing forestry
information and outreach to the public. Over its nearly 100-year history, the MFC has evolved to
support both environmental stewardship and the economic importance of forestry in rural
communities while safeguarding lives and property. Today it remains central to maintaining
healthy, productive forests and promoting sustainable use of the state's forest resources.
1.2 Purpose of Solicitation
The Mississippi Forestry Commission (MFC) is soliciting sealed bids from qualified contractors
to perform tree planting in the 6 coastal counties as part of the RESTORE grant program. The
purpose of this IFB is to establish one or more contracts to ensure timely, compliant, and effective
planting on municipal and public land under MFC management.
This IFB is issued in accordance with Mississippi procurement laws and regulations. All bidders
must carefully review the requirements and submit complete responses.
1.3 Contacting Mississippi Forestry Commission During the Procurement Process
Unless specifically instructed by MFC otherwise in writing, from the date this IFB is issued until
the date a contract resulting from this IFB is executed, any bidder or potential bidder seeking
to communicate with MFC about this IFB shall do so in writing by contacting:
Rebekah Olander, Bid Coordinator
rolander@mfc.ms.gov
Bidders or potential bidders shall not attempt to contact MFC or its staff regarding this IFB
other than the contact person set forth herein. Unauthorized contact with MFC may result in
a bidder or potential bidder being disqualified from consideration for contract award. Any bidder
who violates this requirement may be subject to exclusion pursuant to Chapter 15 of the Public
Procurement Review Board (PPRB) Office of Personal Service Contract Review (OPSCR) Rules
and Regulations.
1.4 General Requirements for Participation in the Procurement Process
* Good Faith and Ethics: All parties participating in the procurement process described in
this IFB are, at all times, required to act in good faith and are subject to the Ethics in
Government laws, codified at Mississippi Code Annotated 25-4-101 through 25-4-121.
* Procurement Regulations: This IFB shall be governed by the applicable provisions of the
PPRB OPSCR Rules and Regulations, a copy of which is available on the Mississippi
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Department of Finance and Administration's (DFA) website (www.dfa.ms.gov). Any
bidder responding to a solicitation for personal and professional services and any contractor
doing business with a state agency is deemed to be on notice of all requirements therein.
* Anti-Competitive Practices Prohibited: Potential bidders are prohibited from engaging
in any practice which reduces or eliminates competition or restrains trade. Potential bidders
are specifically prohibited by federal and Mississippi law from collectively responding to
a solicitation in a manner that controls directly or indirectly the price of the personal or
professional service sought. Mississippi Code Annotated 75-21-15. By submitting a bid,
a bidder certifies that the price submitted was independently arrived at without collusion.
* Conditional Bids Prohibited: Any bid conditioned upon receiving award of the contract
resulting from this IFB and another contract in Mississippi is not eligible for award.
* Contract Rights: Contract rights do not vest in any party until a contract is legally
executed. MFC is under no obligation to award a contract following issuance of this
solicitation.
* Property Rights: Property rights do not inure to any bidder until such time as services
have been provided under a legally executed contract. No party responding to this IFB has
a legitimate claim of entitlement to be awarded a contract or to the provision of work
thereunder. MFC is under no obligation to award a contract and may terminate a legally
executed contract at any time.
* Expenses Incurred in the Procurement Process: All parties participating in the
procurement process with regard to this solicitation shall bear their own costs of
participation, pursuant to Section 1.4.4 of the PPRB OPSCR Rules and Regulations.
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Section 2. Scope of Work
2.1 Overview
The Mississippi Forestry Commission (MFC) is soliciting sealed bids from qualified contractors
to conduct tree planting within municipalities in the six southern counties that are part of the
RESTORE grant: Pearl River, Stone, George, Hancock, Harrison, and Jackson counties. The work
shall consist of the supplying and planting of trees on specified sites and a warranty guarantee for
one year.
This work will be paid for on a per-tree basis detailed in Section 2.5. The contractor will be
required to complete this work by April 1, 2028.
2.2 Planting Requirements
1. The contractor shall be responsible for the site inspection before landscape construction to
acquaint themselves with existing conditions and local ordinances. The contractor shall be
responsible for locating all existing underground utilities before beginning construction.
2. The contractor shall guarantee all plant material for one full year from the date of acceptance
by the city.
3. The contractor shall verify plant quantities from the plan and report discrepancies to the
owner's representative for adjustments.
4. All plants shall be well-formed and vigorously growing specimens. All plants shall comply
with sizing and grading standards of the latest edition of the "American Standards for Nursery
Stock" as published by the American Nursery & Landscape Association (ANLA).
5. All plant material shall be 7-gallon or 15-gallon container-grown unless otherwise specified or
authorized.
6. All plant materials are subject to approval or refusal by the city's representative or MFC staff
at the job site.
7. At the city's request, the contractor shall lay out all plant material for review by the owner's
representatives and obtain written approval before planting. If requested, the contractor should
provide a minimum 48-hour notice for this review.
8. Proper drainage should be ensured, with minimal compaction around root zones to support
healthy root growth. Existing soil subgrade may be used as backfill if it meets the required pH,
drainage, and texture standards after amendment.
9. For container-grown plant material, remove any roots wrapped around the tree trunk at the
root collar (girdling or circling roots).
10. Apply vertical cuts to the length of the root mass on all root balls that are pot-bound and/or
have circling roots.
11. All trees shall only be lifted from the root ball, not the trunk.
12. All tree planting pits shall be a minimum of 3 times wider than the size of the root ball or
container with sloped sides and undisturbed existing soil at the bottom of the pit. The top of the
root ball shall be slightly above the finished grade after planting.
13. Upon completion of work, the contractor shall clear the grounds of debris, surplus materials,
and all equipment. Remove surplus soil and waste material, including excess subsoil, unsuitable
soil, trash, and debris, and legally dispose of it off the right of way.
14. Trees must be watered on the day of planting, and a watering plan shall be provided to the
municipality. The municipality will be responsible for following and documenting adherence to
that plan.
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15. Acceptance by the City or MFC staff shall be issued in writing to the contractor by an
authorized representative of the City or MFC staff.
16. The Contractor shall be required to assume responsibility for all services which are to be
provided by the Contractor under this contract. Further, the Contractor will be the sole point of
contact on contractual matters, including payment of charges resulting from the use or purchase
of goods or services.
2.3 Site Conditions
a) Terrain may include rights of way, slopes, ditches, open fields, parks, and mixed-use
areas.
b) Contractors must be capable of reaching remote or difficult-access sites, and work
with City officials in high-traffic areas.
2.4 Expected Workload
a) Planting trees will take place only within municipalities of the 6 RESTORE-approved
counties listed above. Watering plans will need to be provided to each municipality.
b) Work assignments will be issued as Task Orders.
c) Task Orders will be bundled geographically as locations allow but are dependent on
municipal input on planting locations and schedule.
i. Task Orders
MFC or municipal staff, upon contract approval, will issue written, electronic
task orders or maps detailing site locations, tree specifications, and special
instructions.
ii. Documentation
Contractors must provide the following data:
Project Planting Reports per municipality, maps, or GPS coordinates of trees
planted.
2.5 Performance Standards
a) Quality Control
i. Tree planting should result in a mortality rate of less than 10%.
ii. Contractor must have an International Society of Arboriculture (ISA)-certified
arborist on staff and present during planting.
iii. MFC may conduct initial inspections and require removal, replacement, or
replanting at no additional cost if work is deemed insufficient.
iv. A follow-up Spring inspection will take place, and any tree not leafed out will
need to be replaced, given the contractor-provided watering plan was documented
and followed by the city.
b) Safety Compliance
i. Contractors must comply with OSHA standards.
ii. Proper PPE must be worn at all times.
iii. Follow proper procedures to protect the worksite and keep the public safe at all
times.
c) Non-Performance
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i. Failure to meet contract requirements may result in termination.
2.6 Invoicing and Payment
a) Invoices must include: - Municipality Name- Actual number, size, and species of trees
planted - Dates of service
b) Invoice totals will be determined by applying the bid rate to the actual approved work
from the municipality or MFC staff written verification.
c) Each invoice shall include/reference to the RESTORE grant. Each municipality shall be
billed separately.
d) Payments will be made within thirty (30) days upon MFC invoice approval.
e) Invoices need to be emailed to Dodie Frazier (dfrazier@mfc.ms.gov) and cc Alex Ballard
(aballard@mfc.ms.gov).
2.7 Modification in Accordance with a Change in Law
MFC may require modifications to the scope of work described herein if any applicable law or
regulation is amended during the life of the contract resulting from this IFB. Any pricing for such
an amendment must reflect the competitive pricing submitted in the bidder's bid. For additional
information, see Section 14.8.2.1 of the PPRB OPSCR Rules and Regulations
2.8 Grant Information and Locations Allocated to Grant
The work will be performed under the RESTORE grant. RESTORE covers the 6 coastal counties
of Mississippi. The following municipalities are eligible within those counties:
* Pearl River County: Picayune and Poplarville
* Stone County: Wiggins
* George County: Lucedale
* Hancock County: Bay St. Louis, Diamondhead, and Waveland
* Harrison County: Biloxi, D'Iberville, Gulfport, Keesler AFB, Long Beach, and
Pass Christian
* Jackson County: Gautier, Moss Point, Pascagoula, and Ocean Springs
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Section 3. Contract Requirements
3.1 Type of Contract
MFC is seeking to contract with a vendor or vendors using a fixed price contract. Subject to the
provisions of a 3.4 percent price adjustment to account for inflation.
* Duration: The anticipated term of the contract will be one (1) year with up to four (4)
optional renewals upon mutual agreement.
3.1.1 Task Orders
* MFC will issue written, electronic task orders detailing site locations, acreage
estimates, planting deadlines, and special instructions.
* MFC issues these task orders each year and as needed throughout the planting
season.
3.2 Contract Terms
The contract which the successful bidder will be expected to execute is enclosed herewith as
Appendix A, including all terms and conditions. This IFB and all amendments issued hereto, if
any, and the successful bidder's bid shall also be incorporated into the contract.
3.3 Insurance and other Security Requirements
Insurance required:
a. Contractor shall maintain insurance which, at a minimum, shall include the following
types of insurance and coverage limits:
* Workers' Compensation as required by the State of Mississippi; and,
* Comprehensive General Liability or Professional General Liability with minimal
limits of $1,000,000.00 per occurrence; and,
b. All insurance policies will list the State of Mississippi as an additional insured and upon
request, the Contractor will provide copies of any insurance documentation to the Agency.
c. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Mississippi, meaning insurance carriers must be licensed or hold a
Certificate of Authority from the Mississippi Department of Insurance.
d. The Agency requires the contractor(s) to provide certificates of insurance regarding the
required coverage.
3.4 Price Adjustment
Price Adjustment to Account for Inflation
A price adjustment may be allowed which does not exceed the lesser of either 25% or the annual
increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United
States Bureau of Labor Statistics. Any such price adjustment will be effective only once per 12-
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month period, on the anniversary of the contract start date. If the CPI-U is a negative number, no
adjustment in price shall be allowed. A negative CPI-U shall be counted against any subsequent
increases in the CPI-U when calculating any price adjustment relative to later contract years. The
Contractor shall provide any support for the request for a price adjustment required by the
Mississippi Forestry Commission. The Mississippi Forestry Commission has the sole discretion to
determine whether a price adjustment will be allowed. No price adjustment will be allowed other
than as described in this paragraph. Any approval of a price adjustment shall be contained in a
duly executed written amendment to this Contract.
3.5 Compliance with Contract Requirements
The agency will conduct audits after planting and make sure the planting meets the scope of work
listed in section 2 above.
3.6 Contract Terms Required by the PPRB OPSCR Rules and Regulations
By submitting a bid in response to this IFB, the bidder agrees to the following terms:
* Applicable Law: The contract shall be governed by and construed in accordance with the
laws of the State of Mississippi, excluding its conflicts of laws provisions, and any
litigation with respect thereto shall be brought in the courts of Mississippi.
* Approval: It is understood that if the contract requires approval by PPRB and/or OPSCR,
and is not approved by PPRB and/or OPSCR, it is void and no payment shall be made
thereunder.
* Availability of Funds: It is expressly understood and agreed that the obligation of MFC
to proceed under the contract is conditioned upon the appropriation of funds by the
Mississippi State Legislature and receipt of the appropriated funds. If the funds anticipated
for the continuing time fulfillment of the contract are, at any time, not forthcoming or
insufficient, regardless of the source of funding, MFC shall have the right upon 10 business
days written notice to Contractor, to terminate this contract without damage, penalty, cost
or expense to MFC of any kind whatsoever. The effective date of termination shall be as
specified in the notice of termination.
* Compliance with Equal Opportunity in Employment Policy: Contractor understands
that the MFC is an equal opportunity employer and therefore, maintains a policy which
prohibits unlawful discrimination based on race, color, creed, sex, age, national origin,
physical handicap, disability, genetic information, or any other consideration made
unlawful by federal, state, or local laws. All such discrimination is unlawful, and
Contractor agrees during the term of the contract that Contractor will strictly adhere to this
policy in its employment practices and provision of services.
* Compliance with Laws: Contractor shall comply with, and all activities under this
contract shall be subject to, all applicable federal, state, and local laws and regulations, as
now existing and as may be amended or modified.
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