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HomeMy WebLinkAbout05-06-19 City Commission Packet Materials - C11. PSA with Peck Forestry for Sourdough Creek Fuels Reduction Project Svcs Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Senior Engineer SUBJECT: Authorize the City Manager to a Professional Services Agreement with Peck Forestry, Inc. for Technical Forestry Services Related to the Sourdough Creek Municipal Watershed Fuels Reduction Project. MEETING DATE: May 6, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to a Professional Services Agreement with Peck Forestry, Inc. for Professional Forestry Services Related to the Sourdough Creek Municipal Watershed Fuels Reduction Project. BACKGROUND: The City of Bozeman water supply in Sourdough Creek is susceptible to wildfire. Wildfire impacts water quality after a burn with each precipitation or snowmelt event sending sediment and ash laden water down the creek. The Sourdough Water Treatment Plant is a state of the art facility designed to handle fire-impacted source water through the pre-treatment process ahead of the facilities membrane filters. The investment in plant should not be considered a panacea in addressing fire-impacted source water as a catastrophic burn in Sourdough could very well create temporary water quality excursions that would either call for the City to curtail diversions from the Sourdough source, or risk damage to the plant. A fuels reduction effort has long been planned in Sourdough municipal watershed to occur in conjunction with the USFS Bozeman Municipal Watershed (BMW) project, which, if given the greenlight by Federal District Court, will reduce fuel loads in the lower reaches of Hyalite and Sourdough municipal watersheds. The City requires the assistance of a professional forester to provide technical services to accomplish the fuels reduction project. The forester is needed to manage the timber sale component of the project, which includes layout and marking of cutting units, preparation of timber contracts, and construction administration. The City has completed a formal procurement process to hire a professional forestry to assist the City with the fuels reduction project. These forestry services will be coordinated in collaboration with the USFS BMW project. The firm of Peck Forestry, Inc. was selected to provide these services. A Professional Services Agreement (PSA) is presented as attached to the Commission for authorizing the City Manager to sign. 228 FISCAL EFFECTS: Funding for the forestry services effort is provided by a grant from the Department of Natural Resources and Conservation (DNRC) through its Special State Fire Assistance Grant Program. The grant agreement in place with the DNRC allows expenditures for technical forestry services. The negotiated amount of these services is $63,370. Supplemental funding is available above and beyond this amount allocated to the grant through FY20 water fund CIP project W63 – Sourdough Watershed Fuel Reduction, funded at $400,000. Grant funds will be expended prior to dipping into supplemental CIP funds for forestry services. ALTERNATIVES: As suggested by the Commission ATTACHMENTS: Professional Services Agreement 229 ss^cdyuefv<»•/1»*coPROFESSIONAL SERVICES AGREEMENTTHIS AGREEMENT is made and entered into thisday of_,201_byand between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporationorganized and existing under its Charter and the laws of the State of Montana, 121 North RouseStreet, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,hereinafter referred to as "City," and. Peck Forestry, Inc., with a mailing address of PO Box 238,Bozeman, MT 59771, hereinafter referred to as "Contractor."In consideration of the mutual covenants and agreements herein contained, the receipt andsufficiency whereof being hereby acknowledged, the parties hereto agree as follows:1. Purpose: City agrees to enter this Agreement with Contractor to perfomi for Cityservices described in the Scope of Services attached hereto as Exhibit "A" and by this referencemade a part hereof.2. Term/Effective Date: This Agreement is effective upon the date of its executionand will tenninate on the 30th day ofJune,2021, unless mutually extended pursuant to Part 30 ofthis Agreement.3. Scope of Services: Contractor will perform the work and provide the services inaccordance with the requirements of the Scope of Services. For conflicts between this Agreementand the Scope of Services, unless specifically provided otherwise, the Agreement governs.4. Payment: City agrees to pay Contractor the amount specified in the Scope ofServices. Any alteration or deviation from the described services that involves additional costsabove the Agreement amount will be performed by Contractor after written request by the City, andwill become an additional charge over and above the amount listed in the Scope of Services. TheCity must agree in writing upon any additional charges.5. Contractor's Representations: To induce City to enter into this Agreement,Contractor makes the following representations:a. Contractor has familiarized itself with the nature and extent of this Agreement, theProfessional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page lof 10230 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,and regulations that in any manner may affect cost, progress or performance of the Scope ofServices.b. Contractor represents and warrants to City that it has the experience and ability toperfonn the services required by this Agreement; that it will perform said services in a professional,competent and timely manner and with diligence and skill; that it has the power to enter into andperform this Agreement and grant the rights granted in it; and that its perfonnance of thisAgreement shall not infringe upon or violate the rights of any third party, whether rights ofcopyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,or violate any federal, state and municipal laws. The City will not determine or exercise control asto general procedures or formats necessary to have these services meet this warranty.6.Independent Contractor Status/Labor Relations: The parties agree thatContractor is an independent contractor for purposes of this Agreement and is not to be consideredan employee of the City for any purpose. Contractor is not subject to the terms and provisions ofthe City's personnel policies handbook and may not be considered a City employee for workers'compensation or any other purpose. Contractoris not authorized to represent the City or otherwisebind the City in any dealings between Contractor and any third parties.Contractor shall comply with the applicable requirements of the Workers' CompensationAct, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter71, MCA. Contractor shall maintain workers' compensation coverage for all members andemployees of Contractor's business, except for those members who are exempted by law.Contractorshall furnish the City with copies showing one of the following: (1) a binder forworkers' compensation coverage by an insurer licensed and authorized to provide workers'compensation insurance in the State of Montana; or (2) proof of exemption from workers'compensation granted by law for independent contractors.In the event that, during the term of this Agreement, any labor problems or disputes of anytype arise or materialize which in turn cause any services to cease for any period of time. Contractorspecifically agrees to take immediate steps, at its own expense and without expectation ofreimbursement from City, to alleviate or resolve all such labor problems or disputes. The specificsteps Contractor shall take shall be lefil to the discretion of Contractor; provided, however, thatContractor shall bear all costs of any related legal action. Contractor shall provide immediate reliefto the City so as to permit the services to continue at no additional cost to City.Professional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 2 of 10231 Contractor shall indemnify, defend, and hold the City harmless from any and all claims,demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring inconnection with any labor problems or disputes or any delays or stoppages of work associated withsuch problems or disputes.7. IndemnityAVaiver of Claims/Insurance: For other than professional servicesrendered, to the fullest extent permitted by law. Contractor agrees to release, defend, indemnify, andhold harmless the City, its agents, representatives, employees, and officers (collectively referred tofor purposes of this Section as the City) from and against any and all claims, demands, actions, feesand costs (including attorney's fees and the costs and fees of expert witness and consultants), losses,expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) ordamages of whatever kind or nature connected therewith and without limit and without regard to thecause or causes thereof or the negligence of any party or parties that may be asserted against,recovered from or suffered by the City occasioned by, growing or arising out of or resulting from orin any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)any negligent, reckless, or intentional misconduct of any of the Contractor's agents.For the professional services rendered, to the fullest extent permitted by law. Contractoragrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, andexpenses, including reasonable defense attorney fees, to the extent caused by the negligence orwillful misconduct of the Contractor or Contractor's agents or employees.Such obligations shall not be construed to negate, abridge, or reduce other rights orobligations of indemnity that would otherwise exist. The indemnification obligations of this Sectionmust not be construed to negate, abridge, or reduce any common-law or statutory rights of theindemnitee(s) which would otherwise exist as to such indemnitee(s).Contractor's indemnity under this Section shall be without regard to and without any right tocontribution from any insurance maintained by City.Should any indemnitee described herein be required to bring an action against the Contractorto assert its right to defense or indemnification under this Agreement or under the Contractor'sapplicable insurance policies required below the indemnitee shall be entitled to recover reasonablecosts and attorney fees incurred in asserting its right to indemnification or defense but only if acourt of competent jurisdiction determines the Contractor was obligated to defend the claim(s) orwas obligated to indemnify the indenmitee for a claim(s) or any portion(s) thereof.In the event of an action filed against City resulting from the City's perfonnance under thisProfessional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 3 of 10232 Agreement, the City may elect to represent itself and incur all costs and expenses of suit.Contractor also waives any and all claims and recourse against the City or its officers, agentsor employees, including the right of contribution for loss or damage to person or property arisingfrom, growing out of, or in any way connected with or incident to the performance of thisAgreement except "responsibility for his own fraud, for willful injury to the person or property ofanother, or for violation of law, whether willful or negligent" as per 28-2-702, MCA.These obligations shall survive termination of this Agreement and the services performedhereunder.In addition to and independent from the above, Contractor shall at Contractor's expensesecure insiu-ance coverage through an insurance company or companies duly licensed andauthorized to conduct insurance business in Montana which insures the liabilities and obligationsspecifically assumed by the Contractor in this Section. The insurance coverage shall not contain anyexclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.The insurance shall cover and apply to all claims, demands, suits, damages, losses, andexpenses that may be asserted or claimed against, recovered from, or suffered by the City withoutlimit and without regard to the cause therefore and which is acceptable to the City and Contractorshall furnish to the City an accompanying certificate of insurance and accompanying endorsementsin amounts not less than as follows:Workers' Compensation - statutory;Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annualaggregate;Automobile Liability - $1,000,000 property damage/bodily injury per accident; andProfessional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.••The above amounts shall be exclusive of defense costs. The City of Bozeman, its ofBcers,agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. Theinsurance and required endorsements must be in a form suitable to City and shall include no lessthan a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurancecoverage and endorsements prior to the Contractor commencing work. Contractor shall notify Citywithin two (2) business days of Contractor's receipt of notice that any required insurance coverageProfessional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 4 of 10233 will be terminated or Contractor'1 s decision to terminate any required insurance coverage for anyreason.The City must approve all insurance coveraee and endorsements prior to theContractor commencins work.8.Termination for Contractor's Fault:a. If Contractor refuses or fails to timely do the work, or any part thereof, orfails to perfonn any of its obligations under this Agreement, or otherwise breaches any tennsor conditions of this Agreement, the City may, by written notice, terminate this Agreementand the Contractor'1 s right to proceed with all or any part of the work ("Tennination NoticeDue to Contractor's Fault"). The City may then take over the work and complete it, eitherwith its own resources or by re-letting the contract to any other third party.b. In the event of a temiination pursuant to this Section 8, Contractor shall beentitled to payment only for those services Contractor actually rendered.c. Any termination provided for by this Section 8 shall be in addition to anyother remedies to which the City may be entitled under the law or at equity.d. In the event of termination under this Section 8, Contractor shall, under nocircumstances, be entitled to claim or recover consequential, special, punitive, lost businessopportimity, lost productivity, field office overhead, general conditions costs, or lost profitsdamages of any nature arising, or claimed to have arisen, as a result of the termination.9.Termination for City's^'onvenience:a. Should conditions arise which, in the sole opinion and discretion of the City,make it advisable to the City to cease performance under this Agreement City may terminatethis Agreement by written notice to Contractor ("Notice of Termination for City'sConvenience"). The termination shall be effective in the manner specified in the Notice ofTermination for City's Convenience and shall be without prejudice to any claims that theCity may otherwise have against Contractor.b. Upon receipt of the Notice of Tennination for City's Convenience, unlessotherwise directed in the Notice, the Contractor shall immediately cease performance underthis Agreement and make every reasonable effort to refrain from continuing work, incurringProfessional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 5 of 10234 additional expenses or costs under this Agreement and shall immediately cancel all existingorders or contracts upon terms satisfactory to the City. Contractor shall do only such workas may be necessary to preserve, protect, and maintain work already completed orimmediately in progress.c. In the event of a termination pursuant to this Section 9, Contractor is entitledto payment only for those services Contractor actually rendered on or before the receipt ofthe Notice of Termination for City's Convenience.d. The compensation described in Section 9(c) is the sole compensation due toContractor for its performance of this Agreement. Contractor shall, under no circumstances,be entitled to claim or recover consequential, special, punitive, lost business opportunity,lost productivity, field office overhead, general conditions costs, or lost profits damages ofany natire arismg, or claimed to have arisen, as a result of the termination.10.Limitation on Contractor's Damages; Time for Asserting Claim:a. In the event of a claim for damages by Contractor under this Agreement,Contractor's damages shall be limited to contract damages and Contractor hereby expresslywaives any right to claim or recover consequential, special, punitive, lost businessopportunity, lost productivity, field office overhead, general conditions costs, or lost profitsdamages of any nature or kind.b. In the event Contractor wants to assert a claim for damages of any kind ornature. Contractor shall provide City with written notice of its claim, the facts andcircumstances smrounding and giving rise to the claim, and the total amount of damagessought by the claim, within thirty(30) days of the facts and circumstances giving rise to theclaim. In the event Contractor fails to provide such notice, Contractor shall waive all rightsto assert such claim.11.Representatives:a. City's Representative: The City's Representative for the purpose of thisAgreement shall be Brian Heaston, Senior Engineer or such other individiial as City shalldesignate in writing. Whenever approval or authorization from or coimnunication orsubmission to City is required by this Agreement, such communication or submission shallbe directed to James Goehrung as the City's Representative and approvals or authorizationsshall be issued only by such Representative; provided, however, that in exigentProfessional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 6 of 10235 circumstances when City's Representative is not available, Contractor may direct itscommunication or submission to other designated City personnel or agents as listed aboveand may receive approvals or authorization from such persons.b. Contractor's Representative: The Contractor's Representative for thepurpose of this Agreement shall be Gary Peck or such other individual as Contractor shalldesignate in writing. Whenever direction to or commimication with Contractor is requiredby this Agreement, such direction or communication shall be directed to Contractor'sRepresentative; provided, however, that in exigent circumstances when Contractor'sRepresentative is not available. City may direct its direction or communication to otherdesignated Contractor personnel or agents.12. Permits: Contractor shall provide all notices, comply with all applicable laws,ordinances, rules, and regulations, obtain all necessary pennits, licenses, including a City ofBozeman business license, and inspections from applicable governmental authorities, and pay allfees and charges in connection therewith.13 Laws and Reeulations: Contractor shall comply fully with all applicable state andfederal laws, regulations, and municipal ordinances including, but not limited to, all workers'compensation laws, all environmental laws including, but not limited to, the generation and disposalof hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, andprovisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes andregulations.14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of personsperforming this Agreement shall be on the basis of merit and qualifications. The Contractor willhave a policy to provide equal employment opportunity in accordance with all applicable state andfederal anti-discrimination laws, regulations, and contracts. The Contractor will not refuseemployment to a person, bar a person from employment, or discriminate against a person incompensation or in a tenn, condition, or privilege of employment because of race, color, religion,creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,gender identity, physical or mental disability, except when the reasonable demands of the positionrequire an age, physical or mental disability, marital status or sex distinction. The Contractor shallbe subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, UnitedStates Code, and all regulations promulgated thereunder. The Contractor shall require thesenondiscrimination temis of its sub-Contractors providing services under this agreement.Professional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 7 of 10236 15.Intoxicants; DOT Drug and Alcohol ReeuIations/Safety and Training:Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol orillegal drugs, by any employee or agent engaged in services to the City under this Agreement whileon City property or in the performance of any activities under this Agreement. Contractoracknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.Department of Transportation (DOT) regulations governing anti-drug and alcohol misuseprevention plans and related testing. City shall have the right to request proof of such complianceand Contractor shall be obligated to furnish such proof.The Contractor shall be responsible for instmcting and training the Contractor's employeesand agents in proper and specified work methods and procedures. The Contractor shall providecontinuous inspection and supervision of the work performed. The Contractor is responsible forinstmcting his employees and agents in safe work practices.16. Modification and Assienability: This Agreement may not be enlarged, modified oraltered except by written agreement signed by both parties hereto. The Contractor may notsubcontract or assign Contractor's rights, including the right to compensation or duties arisinghereunder, without the prior written consent of City. Any subcontractor or assignee will be boundby all of the tenns and conditions of this Agreement.17. Reports/AccountabiIity/Public Information: Contractor agrees to develop and/orprovide documentation as requested by the City demonstrating Contractor's compliance with therequirements of this Agreement. Contractor shall allow the City, its auditors, and other personsauthorized by the City to inspect and copy its books and records for the purpose of verifying that thereunbursement of monies distributed to Contractor pursuant to this Agreement was used incompliance with this Agreement and all applicable provisions of federal, state, and local law. TheContractor shall not issue any statements, releases or information for public dissemination withoutprior approval of the City.18. Non-Waiver: A waiver by either party any default or breach by the other party ofany terms or conditions of this Agreement does not limit the other party's right to enforce such tennor conditions or to pursue any available legal or equitable rights in the event of any subsequentdefault or breach.19. Attorney's Fees and Costs: That in the event it becomes necessary for either Partyof this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreementor to give any notice required herein, then the prevailing Party or the Party giving notice shall beProfessional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 8 of 10237 \entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counselto include City Attorney.20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make allappropriate employee withholdings.21. Dispute Resolution:a. Any claim, controversy, or dispute between the parties, their agents,employees, or representatives shall be resolved first by negotiation between senior-levelpersonnel from each party duly authorized to execute settlement agreements. Upon mutualagreement of the parties, the parties may invite an independent, disinterested mediator toassist in the negotiated settlement discussions.b. If the parties are unable to resolve the dispute within thirty (30) days from thedate the dispute was first raised, then such dispute may only be resolved in a court ofcompetent jurisdiction in compliance with the Applicable Law provisions of this Agreement.22. Survival: Contractor's indemnification shall survive the termination or expiration ofthis Agreement for the maximum period allowed under applicable law.23. Headings: The headings used in this Agreement are for convenience only and arenot be construed as a part of the Agreement or as a limitation on the scope of the particularparagraphs to which they refer.24. Severability: If any portion of this Agreement is held to be void or unenforceable,the balance thereof shall continue in effect.25. Applicable Law: The parties agree that this Agreement is governed in all respectsby the laws of the State of Montana.26. Bindine Effect: This Agreement is binding upon and inures to the benefit of theheirs, legal representatives, successors, and assigns of the parties.27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of theparties, does not constitute a third-party beneficiary agreement, and may not be relied upon orenforced by a third party.Professional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 9 of 10238 s28. Counterparts: This Agreement may be executed in counterparts, which togetherconstitute one instmment.29. Integration: This Agreement and all Exhibits attached hereto constitute the entireagreement of the parties. Covenants or representations not contained therein or made a part thereofby reference, are not binding upon the parties. There are no understandings between the partiesother than as set forth in this Agreement. All communications, either verbal or written, made priorto the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part ofthis Agreement by reference.30. Extensions: this Agreement may, upon mutual agreement, be extended for aperiod of one year by written agreement of the Parties. In no case, however, may this Agreement runlonger than June 30.2022.**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****IN WITNESS WHEREOF, the parties hereto have executed this instrument the day andyear first above written.CITY OF BOZEMAN, MONTANABy_Andrea Surratt, City Manager^^<./-ry, ^c.CONTRACTOR (Type ^v^ Above)ByPrint Name: ^-X ; y^/<Print Title: ^f^'-'c^-^APPROVED AS TO FORM:By_Greg Sullivan, Bozeman City AttorneyProfessional Services Agreement for Sourdough Creek Municipal Watershed Forestry ServicesFY 2019-FY 2021Page 10 of 10239 EXHIBIT A -SCOPE OF SERVICESSourdough Creek Municipal Watershed Forestry ServicesPeek Forestry, Inc.Payment TermsThe City agrees to provide payment to Peck Forestry, Inc. for the services contained in this Scope ofServices on a Time & Materials basis with a cost not to exceed. A billable rate of$85.00/hour, whichincludes all expenses incurred by Peck Forestry, Inc., shall be applied. Total payments to Contractorunder this Agreement shall not exceed $63,370. Peck Forestry, Inc. shall be reimbursed on a Time &Materials basis and shall invoice no more frequently than monthly for services provided in the priormonth.Task 100 - Planning and LogisticsPeck Forestry, Inc. will provide technical forestry services for the City of Bozeman related to planningand logistics for fuel reduction activities on City-owned lands in Sourdough Creek municipal watershedas generally contained in the City's Forest Management Plan dated February 17, 2010. These servicesinclude but are not necessarily limited to participating, as directed by the City, in joint discussions withthe U.S. Forest Service, and other necessary parties, to assist in identifying and resolving planning andlogistics issues held in common for the implementation of the City's Sourdough Creek fuel reductionproject and the USFS Custer Gallatin National Forest Bozeman Municipal Watershed (BMW) fuelreduction project.Task 200 -Timber Sale LayoutThe majority of field work for the timber sale must be completed prior to bid package preparation andsolicitation of bids. Peck Forestry, Inc. will complete a field review with potential bidders to providepotential bidders an opportunity to gain a complete overview of the proposed project.Field work includes flagging in property boundaries, cutting units, landings and potential roads.Additional trees may have to be designated or marked to achieve the desired outcome. All guidelinesand recommendations in Montana's Best Management Practices (BMP) will be adhered to during thetimber sale layout and through the timber harvesting process.Layout of the cutting units adjacent to the Custer Gallatin BMW project must remain flexible dependingon the final outcome of the BMW. Aesthetics is still an important goal and stressed where propertyboundaries exists. Vegetative management practices may differ between ownerships. If they do differ, ablending of practices is necessary to achieve the desired goals.Task 300 - Bid Package PreparationPeck Forestry, Inc. will prepare a bid package for the timber harvesting to be sent out to potentialinterested parties as well as publicly advertised. These parties may include helicopter logging240 companies and major sawmills in the area. The bid package will contain items generally required bypublic agencies to bid a timber sale, including but not necessarily limited to: project area map withdesignated cutting units, haul route map, description of work to be accomplished, specifications foraccomplishing work, estimated timber volumes, time schedule, minimum qualifications of bidders,agreement form, bonding and insurance requirements, and address to submit the bid. The respondingsealed bid wilt include at a minimum the costs to perform the designated work, equipment available tothe bidder, references, timber contracts awarded within the last 3 years, and bid bond.Task 400 -Timber Sale Bid Review, Contract Negotiation and Recojnmendatjonof Contract AwardUpon opening of bids. Peck Forestry, Inc. will review and evaluate the apparent low bid on price,availability to perform the work within the desired time period, determination bidder meets minimumqualifications, equipment and personnel, and bid irregularities and nonconformities. Should theapparent low bid be determined to be nonresponsive, notification shall be provided to thenonresponsive bidder along with an explanation of reasons supporting the nonresponsivenessdetermination. Under this scenario, review and evaluation of the next lowest bid will occur until aresponsive bid is found.After bid opening and prior to contract award. Peck Forestry, Inc. will negotiate a timber contract onbehalf of the City. Upon completion of negotiations. Peck Forestry, Inc. will prepare an awardrecommendationmemorandum for the City.Task 500 - Timber Contract Administration and Construction OversightPeck Forestry, Inc. will perform contract administration and construction oversight to ensure the work isconducted in conformance with the timber contract. Administration and oversight will include but notnecessarily be limited to: periodic site visits to ensure prosecution of the work conforms to the timbercontract; review of contractor applications for payment and presentations of approved pay applicationsto the City for payment to contractor; assist the City in resolving any claims or disputes that may ariseover the course of the timber contract.Task 600 - Post-Timber Sale ActivitiesPeck Forestry, Inc. will ensure all post-timber sale activities included in the contractor's bid areconducted in accordance with the contract documents. Peck Forestry, Inc. will purchase and spreadcertified weed free grass seed mix on mineral ground scarified by the timber contractor.It may be necessary to separately contract for the piling and burning of slash generated from the timbersale. This scope and associated fee does not contemplate the piling and burning of slash. Should it bedetermined necessary to separately contract for piling and burning of slash, a Professional ServicesAgreement Amendment will be separately negotiated.241