HomeMy WebLinkAbout21- Contract Extension - Sourdough Fuels Stage 1
September 24, 2021
Davy Sheets
DS Jr. Trucking, Inc.
189 Howie Rd
Big Timber, MT 59011 SENT VIA EMAIL: sheetstrucking@hotmail.com
RE: Contract Extension
Phase 1 Sourdough Fuels Reduction Project
Dear Davy,
As you know, the Phase 1 Sourdough fuels project contract terminates on September 30, 2021.
Contract term extensions are allowable under Section I.E of the contract. This letter addresses
the specific circumstances underscoring the need for an extension and requirements of the
contract that must be met to allow for an extension.
The contract states that extensions shall be of last resort. This is due to grant funding deadlines
faced by the City, and that the Phase 2 Sourdough fuels contract cannot be completed as bid
without Phase 1 having been completed first. The Phase 2 contract was signed by R&R Conner
Aviation on September 21, 2021.
The City hereby determines that an extension of the Phase 1 contract is in its best interests.
Montana experienced exceptional drought conditions this year that began early and persisted
late, leading to an early and prolonged fire season. Existing fuel loads in Sourdough watershed
create a hazardous situation that puts the City’s drinking water supply at risk. The Phase 1 and
Phase 2 fuels projects help protect the City’s Sourdough Creek municipal water supply by the
removal of hazardous fuels. The City notifies you that a contract extension for Phase 1 is
required to allow for Phase 2 of the fuels project to be completed this operating season.
In early July, soon after the Phase 1 contract was executed, you mobilized roadbuilding
equipment to the project area. Just one day after equipment arrived it was dispatched to the
Alder Fire at Wise River. The Alder Fire was designated the highest priority fire in Montana
while you were on it. On September 7, you made a request for contract extension via personal
text communication to the City. This extension was not based on poor log and/or market
conditions, but rather your assignment to the Alder Fire. Soon thereafter, you were released by
incident command from the Alder Fire and shifted your road building resources to the Phase 1
contract. As of the date of this letter, the roadwork is complete and timber removal is soon to
follow. The City recognizes your return to the Phase 1 contract, completion of the road, and
pending start of timber removal as a good faith effort to complete the project. We understand
that the delay in returning to the project and the related extension request resulted from
matters beyond your control.
DocuSign Envelope ID: 5ECEB333-9459-4757-A139-65F69A1C3E83
The City hereby waives the contract requirement for the extension request to be made in
writing at least 30 days prior to the September 30, 2021 termination date. The City will hold the
$2,000 cash performance bond provided for the contract through the extension date. As you
will recall, we agreed to hold the $2,000 cash bid security provided for the contract as your
performance bond.
The City will allow a contract extension date of October 31, 2021. This extension is formalized in
the Contract Modification that accompanies this letter. The contract extension is not effective
until the contract modification is fully executed. Please sign and remit to me at the P.O Box
below.
Sincerely,
Brian Heaston, PE
Senior Engineer
DocuSign Envelope ID: 5ECEB333-9459-4757-A139-65F69A1C3E83
30thSeptemberDocuSign Envelope ID: 5ECEB333-9459-4757-A139-65F69A1C3E83