HomeMy WebLinkAbout22- Amendment 1 - PSA with Peck Forestry Inc - Sourdough Creek Municipal Watershed Fuels Reduction ProjectAmendment No. 1 to Professional Services Agreement
for Sourdough Creek Municipal Watershed Forestry Services
THIS AGREEMENT is made as of this day of , 2022,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein
referred to as “City” and Peck Forestry, Inc., a professional forestry firm, of Bozeman, Montana,
herein referred to as “Contractor”.
WHEREAS, the parties have entered in a Professional Services Agreement dated May 7,
2019, herein referred to as the “Original Agreement”, for professional forestry services for City
timbered lands in the Sourdough Creek Municipal Watershed; and
WHEREAS, the parties desire to amend the provisions of the Original Agreement as
contained within this Amendment No. 1.
Entirely replace Part 3. Scope of Services with the following:
3. Scope of Services: Exhibit A – Scope of Services provided as an integral part of
the Original Agreement is hereby declared by the City and Contractor to be completed in full.
The Contractor will perform the work and provide the services in accordance with the
requirements of the Amended Scope of Services, attached hereto as ‘Exhibit A1 – Amended
Scope of Services’ and incorporated herewith. Payment for services is set forth within Exhibit
A1.
Entirely replace Part 30. Extensions with the following:
30. Extensions: This Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties until such time as the agreed Scope of
Services is completed in full or modified pursuant to Part 16.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the Parties agree as follows:
Except as specifically amended herein, the Original Agreement shall remain in full force
and effect and the parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written.
DocuSign Envelope ID: 4913CBB1-A14B-4EB5-855D-7EA0469C0E20
19 July
CITY OF BOZEMAN
Jeff Mihelich, City Manager
ATTEST
Mike Maas, City Clerk
APPROVED AS TO FORM
Greg Sullivan, City Attorney
PECK FORESTRY INC.
Gary Peck
DocuSign Envelope ID: 4913CBB1-A14B-4EB5-855D-7EA0469C0E20
EXHIBIT A1 – AMENDED SCOPE OF SERVICES
Sourdough Creek Municipal Watershed Forestry Services
Peck Forestry, Inc.
Payment Terms
The City agrees to provide payment to Peck Forestry, Inc. for the services contained in this Scope of
Services on a Time & Materials basis with a cost not to exceed. A billable rate of $100.00/hour, will be
applied. Total payments to Contractor under this Agreement shall not exceed $40,000. Peck Forestry,
Inc. shall be reimbursed on a Time & Materials basis and shall invoice no more frequently than monthly
for services provided in the prior month.
Task 100 – Planning and Logistics
Peck Forestry, Inc. will provide technical forestry services for the City of Bozeman related to planning
and logistics for fuel reduction activities on City‐owned lands in Sourdough Creek municipal watershed
as generally contained in the City’s Forest Management Plan dated February 17, 2010. These services
include but are not necessarily limited to participating, as directed by the City, in joint discussions with
the U.S. Forest Service, and other necessary parties, to assist in identifying and resolving planning and
logistics issues held in common for the implementation of the City’s Sourdough Creek fuel reduction
project and the USFS Custer Gallatin National Forest Bozeman Municipal Watershed (BMW) fuel
reduction project.
Task 200 – Fuel Reduction Layout
The majority of field work for the Phase 3 Fuel Reduction Project must be completed prior to bid
package preparation and solicitation of bids. Peck Forestry, Inc. will complete a field review with
potential bidders to provide potential bidders an opportunity to gain a complete overview of the
proposed project.
Field work includes designating treatment areas, flagging inboundaries and developing a treatment
prescription. All guidelines and recommendations in Montana’s Best Management Practices (BMP) will
be adhered to during the project layout and through the implementation.
Task 300 – Bid Package Preparation
Peck Forestry, Inc. will assist in preparing a bid package for the Phase 3 fuel reduction project to be sent
out to potential interested parties as well as publicly advertised. The bid package will contain items
generally required by public agencies to bid a fuel reduction project, including but not necessarily
limited to: project area map with designated units, description of work to be accomplished,
specifications for accomplishing work, time schedule, minimum qualifications of bidders, agreement
form, bonding and insurance requirements, and address to submit the bid. The responding sealed bid
will include at a minimum the costs to perform the designated work, equipment available to the bidder,
references, timber contracts awarded within the last 3 years, and bid bond.
Task 400 – Bid Review, Contract Negotiation and Recommendation of Contract Award
Upon opening of bids, Peck Forestry, Inc. will review and evaluate the apparent low bid against the basis
of bid, availability to perform the work within the desired time period, determination bidder meets
DocuSign Envelope ID: 4913CBB1-A14B-4EB5-855D-7EA0469C0E20
minimum qualifications, equipment and personnel, and bid irregularities and nonconformities. Should
the apparent low bid be determined to be nonresponsive, notification shall be provided to the
nonresponsive bidder along with an explanation of reasons supporting the nonresponsiveness
determination. Under this scenario, review and evaluation of the next lowest bid will occur until a
responsive bid is found.
Task 500 – Fuel reduction Contract Administration and Construction Oversight
Peck Forestry, Inc. will perform contract administration and project oversight to ensure the work is
conducted in conformance with the contract. Administration and oversight will include but not
necessarily be limited to: periodic site visits to ensure prosecution of the work conforms to the contract;
review of contractor applications for payment and presentations of approved pay applications to the
City for payment to contractor; assist the City in resolving any claims or disputes that may arise over the
course of the contract.
Task 600 – PostTreatment Activities
Peck Forestry, Inc. will ensure all post treatment activities included in the contractor’s bid are conducted
in accordance with the contract documents.
Task 700‐ Slash Burning
Peck Forestry, Inc. will burn slash piles generated from the previous helicopter and ground based logging
activities during Fall/Winter of 2022/2023. Burning will be accomplished when conditions are favorable
so as not to spread outside of the slash pile. Peck Forestry, Inc will prepare a burn plan and obtain any
necessary permits or approvals from agencies having jurisdiction over the burning activity, including but
not limited to a Gallatin county burn permit, prior to ignition of slash piles. All requirements within the
burn permit will be adhered to. Peck Forestry Inc will restore the burned area by dispersing a locally
sourced grass seed mix.
DocuSign Envelope ID: 4913CBB1-A14B-4EB5-855D-7EA0469C0E20