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HomeMy WebLinkAboutRes2023-102 HDR Engineeringspans by; SAngnsen CITV OF SEWARD. AL.XSICA RESOLUTION 2023-1112 .4 RESOLUTION OF THE cm. COUNCIL OF THE CM OF SEWAIttk A4ASKA, AUT11ORIzrri46 riri CTIN MANAGER TO ENTER INT° A CaNTRACT WITH HDR ENGINEERING IN. IN AN AMOUNT NOT TO EX.CEEP $.5fti.100 TO COMPLETE AND SUBMIT THE APPLICATION AND RELATED IMATERIALS NEEDED TO RENEW TER U.S. FORESTRY SERVICE 50-YEAR., SPECLAVUSE PERMIT, AND APPW4PR1AI1NGNips warRgo the tU. Florptty tetwje.e requires .eleatrip and .conm.unications. millifies to; ietrp u s iia1..Us pOarin thittis..,vai ate) ti 1 i ti i2i ntai Filth I iti eN i thi tf the right-oSmialrlocatod offlowsuy., owned [and: and WHEREAS; this spccia1-us e' perenii is necessary Ibr the •Sewatif Eleetile .S'..iiistent to, gantinve.wegssiitg:transmison.: ling•corridms ah)ng Forest Serliicg 1=3:between the :13p CrM;;.. near'Cnari6-L*nilittpantl itttpSemurd:inul WEICRE0, SgoiHr.4 MOPtlic .LY•tilern Persollu0 wistiummfully ;,itterqpicd t, ictentiryu .congul tani / firm to coitiplete this work before HDR. EngineeriAgwiferferreclt INe Wilily by the •Fore,nry Servioe.: an4 WHEREAS: HDR Enginering wiilremieW aisting rtiemmits. amendments. as-fanilts. acces$ pciinti, available operatirm 4na inairltartartm Olfirig‘ and other rotated inuturi14giNemarY Iirthep*rt-mii417p1ieuticitis.: and WHEREAS, HDR Engineering will utilize CilS sofbivtar in map and transrii*ort rights -of -Way and rights7ot-vvti:y itecetag pain Ls to support fhe permit npprmliticimand WHEREAS. thisligrcuutent withliDR Eusinuoing calls f�rt „..fanapirtinn LIE lig mirk and -a: filing Of the remit application no law than .It424'.; and WiTEREAS. the rdriewal .tof iliespetnil-usepritii will co:vdr a 5U-ye1uHdhgiTinng w�the dare.orappruNa. NOW.THEREFORE. RE IT RESOLVED M�VC0IJNCILOFTI1EC1IY OFSWARD ALASKA Unit: 'SectIon 1. The Cicy Manner is hcreby aut1iori=c1 t racontrii valh. 1-113It Enginix2ing, Ida_ ftcworktn mp1.tanI:+71fritnit asilt ttili I Am pi-rmit applicat it'll with ihu Forest Servt0e. ,Settlen 2: Funding ttt titre athount of S-Sb3OLT 'is hereby uppropriitiud im the 202.3 budet tire OF SEWARD, ALASKA RESOLUTION 2033-102 ftin Ei&trie iregettitt. akumuni no: I 5000-00003400 Lt -ctrn tweed sextrits Ikvelln1 no, I 5000, .3000-7009. Section 3.. Thi$ resolution shall take _effecl liffriecNiely,uptnvialoption. PASSED ANT) APPROVED hy the City Ccgintil ttir City% if Se.wArd„ AIatht thi 1111i dOit.rf soicracr2on. THE CITTOF SEWARD, ALASKA Seftnc .11.w4 Sue iSilcaure, Mayor Cktieop, neMora Fititth. Wva. Cuie NO.Es Nano ABSENT; Bata:well ABS'FA No= •VACANT: NOne ATTEST Kr i Peck -City Cie* _osimieciii. ...4 „Sf. SEW, 4 ..04"k-1.1, ,(Cily Scglij -,.... a Z ek 4C; \ • 77. s 4.: : S . .: lin irtiWt 1 City Council Agenda Statement Meeting Date: September 11, 2023 To: City Council From: Kat Sorensen, City Manager Subject: Resolution 2023-102: Authorizing The City Manager To Enter Into A Contract With HDR Engineering, Inc., In An Amount Not To Exceed $5.6,300 To Complete and Submit The Application And Related Materials Needed To Renew The U.S. Forestry Service's 50-Year, Special -Use Permit, And Appropriating Funds Background and justification The U.S_ Forestry Service requires electric and communications utilities to keep a special -use permit that allows the utilities to maintain, operate and construct facilities within the rights -of way located on forestry owned land. For Seward Electric System (SES), the permit will cover transmission line corridors along Forest Service land between the Dave's Creek Substation near Cooper Landing and into Seward. SES reached out to industry contacts seeking recommendations for getting this work completed with no success. The Forestry Service later referred SES to HDR Engineering, knowing HDR had completed similar work for Forestry Services permits previously. As part of its work, HDR Engineering will review existing permits, amendments, as-btiilts, access points, available operations and maintenance plans; and other related materials necessary for the permit applications. Considerable hours will also be spent utilizing GIS software to map and digitize transmission line rights -of -way and rights -of --way access points to support the permit application. Following are the schedule and deliverables from HDR Engineering (ENGINEER)_ • The ENGINEER will ATTEND A VIRTUAL PROJECT KICK-Of1 MEETING WITH THE OWNER to review existing information (e.g„ permits, spatial files, and operations/maintenance plan. • The ENGINEER will coordinate with the Forest Service prior to request existing permit files and confirm use of the SF299 form for this project and the level of effort necessary for the application and supporting documentation (e.g_, Operations and Maintenance Plan; Vegetation Management Plan). • The ENGINEER will digitize transmission line centerline, ROW, structure locations, and access points for use in spatial platforms (e.g., GIS, CAD) and to support permit application package. • The ENGINEER will submit a Draft Operations and Maintenance Plan to the OWNER within 60 days of the Notice to Proceed. • The ENGINEER will submit a revised Operations and Maintenance Plan to the OWNER within two weeks after receipt of OWNER's comments. • The ENGINEER will submit a Draft Vegetation Management Plan to the OWNER within 60 days of the Notice to Proceed. 63 • The ENGINEER will submit a revised Vegetation Management Plan to the OWNER within 60 days of the Notice to Proceed. • The ENGINEER will submit a Draft Special Use Permit Application Package to the OWNER within 60 days of the Notice to Proceed. • The ENGINEER will submit a revised Special Use Pennit Application Package to the OWNER within two weeks after receipt of OWNER'S comments. • The ENGINEER will submit a revised Final Special Use Permit Application Package to the OWNER and the Forest Service within one week of receipt of OWNER' s comments. • The ENGINEER will coordinate with the Forest Service after submittal. This agreement with IIDR Engineering calls for a completion of its work and filing of the permit application no later than July 2024. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development" Strategic Plan: Other: Certification of Funds Total amount of'funds listed in this legislation: N 56,300 Th s legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of. Has no fiscal impact Funds are (✓ ): Budgeted Line item(s): Not budgeted Not applicable $ $56,300 $ Fund Balance Information Affected Fund (✓):: 15000-3000-7009 General Boat Harbor Motor Pool Available FundBalance SMIC Parking Other v. Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: 64 attorney Review 1 Not applicable Comments: Yes Attorney Signature: Ad ministration keeomine n dation Adopt Resolution Other: 65 MASTER SHORT FORM AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT NUMBER THIS AGREEMENT is made as of this 29th day of August. 2023, between The City of Seward, hereinafter referred to as "OWNER". and HDR Engineering, Inc.,. hereinafter referred to as "ENGINEER" or -- ONSULTANT,'" for engineering services as described in this Agreement. WHEREAS, OWNER desires to retain ENGINEER, a professional .engineering, firm, to provide professional engineering, consulting and related services ("Services") on one or more projects in which the OWNER is involved; and WHEREAS, ENGINEER. desires to provide such services on such projects as may .be agreed, from time to time, by the parties; NOW, THEREFORE. in consideration of'the mutual covenants contained herein, the parties agree as follows: SECTION I. PROJECT TASK ORDER This Agreement shall apply to as many projects as OWNER and ENGINEER agree will be performed under the terms and conditions of this Agreement. Each project ENGINEER performs for OWNER hereunder shall be designated by a "Task Order." A sample Task Order is attached to this Agreement andmarked as Exhibit "A". No Task Order shall be binding or enforceable unless and until it has been properly executed by both OWNER and ENGINEER. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 In resolving potential conflicts between this Agreement and the Task Order pertaining to a specific project. the tents of this Agreement shall control. 1.3 ENGINEER will pro\ ide the Scope of Services as set forth in Part 2:of each Task Order. SECTION II. RESPONSIIBILITWS OF OWNER In addition to the responsibilities described in paragraph 6 of the attached "HDR Engineering. Inc. Terms and Conditions for Professional Services." OWNER shall have the responsibilities described in Part .3 of each Task Order. Contracts Manual NISOEA - 1 5/2019 68 SECTION III, COMPENSATION Compensation for ENGINEER's Services shall be in accordance with Part 5 of each Task Order, and in accordance with paragraph 11 of the attached HDR Engineering, Inc. Terms and Conditions. SECTION IV. TERMS AND CONDITIONS OF ENGINEERING SERVICES The HDR Engineering, Inc. Terms and Conditions, which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein, TN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST. �J � KRIS PECK rlv CLERK iIitiomlls*.00f f SEAL = • E . '' '�~ + r R .f#s#,7t of �\-rot` 1''f+i1+a1ss0 The City of Seward ''OWNER" BY: NAME: Kat Sorensen TITLE: Seward City Manager ADDRESS Po Box 167 Seward, AK. 99664 HDR ENGINEERING, INC. "ENGINEER" BY: NAME: Matthew Stone, PE TITL E: Vice President ADDRESS: 582 E 36th Ave Suite 500 Anchorage, AK 99503 Contracts Manual MSOEA - 2 5.2019 EXHIBIT A TASK ORDER This Task Order pertains to an Agreement by and between (-OWNER-). and HDR Engineering. Inc, (7ENGENlEER'"), dated 20 ; (-the Agreement"). Engineer shall perform services on the project described below as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution. this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NUMBER: PROJECT NAME: PART' I:0 PROJECT DESCRIPTION: PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGfNEER ON THE PROJECT: PART 3.0 OWNER'S RESPONSIBILITIES PART 4.0 PERIODS OF SERVICE: PART 5.0 ENGINEER'S FEE: PART 6.0 OTHER: Contracts Manual MSOEA - 3 70 51201 g This Task Order is executed this day of 20_ I-IDR ENGINEERING, INC. "OWNER" -ENGINEER- BY: BY:. NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: Contracts Manual MSOEA - 4 5/2019 71 EXHIBIT B TERMS AND CONDITIONS Contracts Manual MSO1A - 5 5/2019 72 HDR Engineering, Inc. Terms and Conditions for Professional Services 1,. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by' ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the Same time and In the same locality. ENGINEER makes no warranties:: express or implied. under this Agreement or otherwise, in connection with ENGINEER.'s services 2. INSURANCE/INDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute Employer's Liability of $250.000: Automobile Liability insurance of $1,000.000 combined single limit for bodily injury and property damage covering ail vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability Insurance of $1,000,000 per claim for protection against claims arising out of the Performance of services under this Agreement caused by negligent acts. errors. or omissions for which ENGINEER is legally liable. If flying an Unmanned Aenal System (UAS or drone). ENGINEER will procure and maintain aircraft unmanned aerial systems insurance of $1.000.000 per occurrence. OWNER shall be made an additional Insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OVVNER. ENGINEER agrees to Indemnify OWNER for third party personal injury and property damage claims to the extent caused by. EN:GINEER's negligent acts, errors or omissions. However neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect, or consequential damages (including but not limited to loss Of use or opportunity; loss of good will; cost of substitute facilities, goods, or services. cost of capital. and/or fines or penalties), loss of profits or revenue arising out of, resulting from: or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach Of Contract. The employees of both parties are intended third party beneficiaries of this waiver of consequential damages, 3. OPINIONS OF PROBABLE COST Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on tt'ie basis of information available to ENGINEER and on the basis of ENGINEER'S experience and qualifications. and represents its judgment as an experienced and qualified professional engineer However. since ENGINEER has no control over the cost of labor. materials. equipment or services furnished by others or over the contractor(e) methods of determining prices. or over competitive bidding or market conditions. ENGINEER does not guarantee that proposals. bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4, CONSTRUCTION PROCEDURES ENGINEER'S observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents: ENGINEER shall not control or have charge of, and shall not be responsible tor, construction means. methods, techniques. sequences, procedures of construction, health or safety' programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties On the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liabilityinsurance policies. b: CONTROLIJNG LAW This Agreement is to be governed by the law of the state of Alaska B: SERVICES AND INFORMATION OWNER will provide all criteria and tnfomiation pertaining to. OWNER's requirements for the project, including design objectives. and constraints, space. capacity and performance requirements flexibility and expandability. and any budgetary limitations OWNER wilt also provide copies of any OWNER -furnished Standard Details, Standard Specifications. or Standard Bidding Documents which are to be incorporated into the project. OWNER will fumish the services of sotls/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER. agrees to bear full responsibility for the technical accuracy and content of OWNER -furnished documents and services, in performing professional engineering and related services hereunder, it Is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinionsor advice. Further. it is the OWNER's sole responsibility to obtain the advice of anattomey, insurance counselor or accountant to protect the OWNER's Legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports. sketches, drawings, specifications. proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney. insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS, ASSIGNS AND BENEFICIARIES OWNER and ENGINEER. respectively. bind themselves. their partners. successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, :sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. No third party beneficiaries are intended under this Agreement. RE -USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project Upon payment in full of all amounts due to ENGINEER pursuant to this Agreement, OWNER shall have ownership of all such documents. Engineer may retain copies of the documents for its information and reference in connection with the project; Any alterations of modifications made to the documents by. OWNER of the documents for purposes other than those intended hereunder shall be at OWNER's sole risk and without liability or legal exposure to ENGINEER. and OWNER will defend, indemnify and hold harmless ENGINEER from all claims. damages. losses and expenses, including attomey`s fees, arising or resulting therefrom. Upon OWNER's request. Engineer may be able to modify or adapt 1 (5/2023) 73 the document as requested by OWNER: however. any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OFAGREEMENT OWNER or ENGINEER may terminate the Agreement, In whole or in part by giving seven (7) days written notice to the other party Where me method of payment is 'lump sum." or reimbursement. the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination. and for a reasonable profit for services performed. 10. SEVERABiLITY If any provision of this agreement is held invalid or unenforceable. the remaining provisions shall be valid and binding upon the parties One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision. term or condition 11. INVOICES ENGINEER wit submit monthly invoices for services rendered and OWNER will make payments to ENGINEER within thirty (30) days of OWNER's receipt of ENGINEER'S Invoice ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will he available for inspection by OWNER'S auditors upon request_ If OWNER disputes any Items in ENGINEER's invoice for any reason, including the lack of supporting documentation. OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled Invoice, or on a special invoice for thedisputed item only OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER ENGINEER retains the right to assess OWNER interest :at the rate of one percent (1 %) per month. but not to exceed the maximum rate allowed by law on invoices which are not paid within thirty (30) days from the date OWNER receives ENGINEER'S invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due. ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full 12, CHANGES The parties agree that 'no change Or niodification,to this Agreement. or any attachments hereto, shall have any force or effect unless the change is reduced to writing. dated. and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement Adjustments in the period of services: and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER a.re estimatesto perform the services required to complete the project as ENGINEER understands it to be. defined_ For those projects involving conceptual or process development services. activities often are not fully definable in the initial planning In any event. as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required, If such change. additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made and the Agreement modified accordingly. 13, CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed. or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to compty with the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion. sex. or national origin. or disabled veteran. recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive. order 11246, and other employment. statutes and regulations, as stated in Title 41 Part 60'of the Code of Federal Regulations § 60-1.4 (a-f), § 60-300.5 (ate), § 60.-741 (a-e). 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that. to the best of its knowledge no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that 10 the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos. PCB's. petroleum. hazardous waste, or radioactive material located at or near the project site including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, 10 the extent required by law .or regulation. the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER,: suspend performance of services on that portion of the project affected by hazardous matenals until OWNER: (i) retains appropriate specialist consultant(s),or contractors) to identify and, as appropriate, abate, remecfrate, or remove the hazardous materials: and (ii) warrants that the project site is in full compttance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services far OWNER and that. ENGINEER is not and shall not be required to become an "arranger." "operator," "generator." or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response. Compensation. and Liability Act of 1990 (CERCLA). which are or maybe encountered at or near the project site in connection with ENGINEER'S services under thus Agreement If ENGINEERS services hereunder cannot, be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors. partners, employees. and subconsultants from and against all costs. losses. and damages (including but not limited to WI fees and charges of engineers, architects_ attorneys. and other professionals, and all court or arbitration or other .dispute resolution costs) caused by. ansing out of or resulting from hazardous materials, provided that n) any such cost. loss. or damage is attributable to bodily injury, sickness, disease. or death, or injury to or destruction of tangible properly (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to Indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16, EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitUte the entire Agreement between ENGINEER and 2 (5/2023) Terms & Conditions for Professional Services 74 OWNER, supersedes and contr0IS over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument dUly executed by the parties 17. RESERVED 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena. 'government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party. OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings„ and trial_ 19. NO THIRD PARTY BENEFICIARIES Except as otherwise provided in this Agreement. no third party beneficiaries are intended under this Agreement. In the event a reliance letter or certification is required under the scope of services, the parties agree to use a form that is mutually acceptable to bate parties. 20. UTILITY LOCATION. If underground sampling/testing is to be performed, a local utility locating service shall be contacted to: make arrangements for all utilities to determine the location of underground utilities: In addition. OWNER shall notify ENGINEER of the presence' and location of any underground utilities located on the OWNER s property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilllties'that are properly marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or allegedly caused by ENGINEER's damaging of underground utilities that are not properly marked or are not called to ENGINEER's attention pnor to beginning the underground sampling/testing 21. UNMANNED AERIAL SYSTEMS If operating UAS. ENGINEER will obtain all permits: or exemptions rewired by Jaw to operate any UAS included in the services. ENGINEER's operators have completed the training, certifications and licensure as required by the applicable jurisdiction in which the UAS will be operated. OWNER will obtain any necessary permissions for ENGINEER to operate over private property. and assist, as necessary, with all other necessary permissions for operations. 22. OPERATIONAL TECHNOLOGY SYSTEMS OWNER agrees that the effectiveness of oPerational technology systems and features designed, recommended or assessed by ENGINEER (collectively "OT Systems") are dependent upon OWNER's continued operation and maintenance of the OT Systems in accordance with all standards, best practices, Faws, and regulations that govern the operation and maintenance of the OT Systems. OWNER shall be solely responsible for operating and maintaining the OT Systems in accordance with applicable laws, regulations, and industry standards (e.g. ISA. NIST. etc) and best practices. which generally include but are not limited to, cyber security policies and procedures, documentation and training requirements, continuousmonitoring of assets for tampering and intrusion. periodic evaluation for asset vulnerabilities. implementation. andupdate of appropriate technical. physical and operational standards, and offline testing of all software/firmware patcfies/updates prior to piecing updates into production_ Additionally, OWNER recognizes and agreieS that OT Systems are subject to internal and external breach, compromise. and similar Incidents, Security features designed, recommended or assessed by ENGINEER are intended to reduce the Iikefihood that OT Systems will be compromised by such incidents. However. ENGINEER does nol guarantee that .OWNER's OT .Systems are impenetrable. 23. FORCE MAJEURE ENGINEER shalt not be responsible for delays caused by factors beyond ENGINEER's reasonable control. including but not limited to delays because of strikes, lockouts. work slowdowns or stoppages. government ordered industry shutdowns, power or server outages, acts of nature. widespread infectious disease outbreaks (including, but not limited to epidemics and pandemics), failure of any governmental or other regulatory authority to act in a timely manner, failure of the OWNER to fumish tirnety information or approve or disapprove of ENGINEER's services or work product, or delays caused by faulty performance by the OWNER's or by contractors of any level or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing When such delays beyond ENGINEER's reasonable control occur. the OWNER agrees that ENGINEER, shall not be responsible for damages, nor shall ENGINEER be deemed in default of this Agreement, and the parties will negotiate an equitable adjustment to ENGINEER's schedule and/or compensation if Impacted by the force majeure event or condition. Terns & Conditions for Professional Services 3 (5/2023) 75 EXHIBIT A TASK ORDER 1 This Task Order pertains to an Agreement ('the Agreement") by and between The City of Seward (`'OWNER"). and HDR. Engineering. Inc. ("ENGINEER"), dated August 29, 2023: The ENGINEER shall perform services .on the project described below as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution. this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NUMBER: Task Order 1 PROJECT NAME: City of Seward Transmission Caine— U.S. Forest Service Special Use Right - of -Way Petnmit Renewal PART 1.0 PROJECT DESCRIPTION: The U.S. Forst Service issued a Special Use Permit in 1955 that granted the OWNER a right-of- way (ROW) approximately 52 miles long and 60-foot-wide to construct, operate, and maintain a 3-phase 7.2/12,4 kilovolt (kV) electrical distributionline and a 69 kV transmission line. Records indicate that the Forest Service has since authorized multiple amendments to this permit. Amendment #S. issued in 1960, amended the permit area as 30-feet on either side of thepower line for 20.5 miles and Amendment #6. issued in 1977. included an adjustment to the ROW due to a necessary realignment or the transmission line near mike 21 of the Seward 'Highway. The OWNER. in coordination with the Forest Service. has determined that the existing Special Use Permit for the ROW has expired and needs to be renewed. The section below describes the ENGINEER's proposed scope of services, which includes developing an application to request the Forest Service renew. the Special Use Permit for the OWNFR's transmission line that extends between the Dare's Creel: Substation and Seward. PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER ON THE PROJECT: The ENGINEER will provide professional services for the tasks outlined below. Task 1. Develop Application to Renew Forest Service -Issued Special Use Permit. The ENGINEER will develop an 'application tin. uansparlat on. utility .9-.\tein.r. telecommunications and facilities on federal /cartels and property' using standard form (Sr299) to request a 50-year permit renewal for continued operations and maintenance within portions of the ROW that cross Forest Service lands. As part of this effort. the ENGINEER will review existing permits, amendments. as-builts, access points,available operations and maintenance plans. and other related materials necessary for the permit application. The ENGINEER will digitize the transmission line. ROW, and access points, based on available data sources, for use in maps to support the permit application if the OWNER and/or Forest Service do not have those spatial data available. The ENGINEER assumes the approximate boundaries developed during this spatial desktop effort will satisfy permit requirements and therefore does not include costs associated with a land -based survey. Additional. scope and budget wouldbe necessary if formalsurveys are required. Task Order 1 8/29/2023 Page: 1 76 This scope includes time for a project kick-off meeting with the OWNER. an initial coordination meeting w ith the Forest Service. development of a draft and final permit application, and coordination with the Forest Service after submittal ofthe permit application package, as necessary. This scope and cost estimate assumes that the OWNED will provide information necessary for the ENGINEER to update the existing Operations and Vegetation Management plans to current Forest Service requirements, which v, ill be necessary to include with the SF299 application package. Schedule & Deliverables: • The ENGINEER will attend a virtual project kick-off meeting with the OWNER to review existing information (e.g., permits, spatial files, and operations/'maintenance plan). The ENGINEER will coordinate with the Forest Service prior to request existing permit files and confirm use of the SF299 form for this project and the level of effort necessary for the application and supporting documentation (e.g.. Operations and. Maintenance Plan; Vegetation Management Plan). • The ENGINEER will digitize transmission line centerline; ROW, structure locations. and access points for use in spatial platforms (e.g., GI S, CAD) and to support permit application package. • The ENGINEER will submit a Draft Operations and Maintenance Plan to the OWNER within 60 days of the Notice to Proceed. • The ENGINEER will submit a revised Operations and Maintenance Plan to the OWNER within two weeks after receipt ofOWNER's comments: • The ENGINEER will submit a Draft Vegetation Management Plan to the OWNER within 60 day s of the Notice to Proceed. • The ENGINEER will submit a revised Vegetation Management Plan to the OWNER within 60 days ofthe Notice to Proceed. • The ENGINEER will submit a Draft Special Use Permit Application Package to the OWNER w ithin 60 days ofthe Notice to Proceed. • The ENGINEER will submit a revised Special Use Permit Application Package to the OWNER within two weeks after receipt of OWNER's comments. • The ENGINEER will submit arevised Final Special Use Permit Application Package to the OWNER and the Forest Service within one week of receipt ofOWNER's comments. • The ENGINEER will coordinate with the Forest Service after submittal. as needed, to respond to Forest Service questions and/or information requests. Assumptions: • The OWNER will provide the ENGINEER with existing permits, amendments, and available dataand reporting in a timely manner_ • The Forest Service will require an Operations and Maintenance Plan and Vegetation Removal Plan as part of the SF299 application package. • The OWNER will provide the ENGINEER with information necessary to develop an Operations and Maintenance Plan and Vegetation Removal Plan, • The initial coordinationmeetin.t with the Forest Service will not result in substantial changes to the scope .of"work detailed herein. • A site visit will not be requiredand therefore is not included in the cost estimate. • If a site visit is required, the OWNER will cover the ENGINEER's time and materials for the site visit and any additional reporting beyond what is covered herein. • The Forest Service will complete any required National Environmentai Polio Act. (NEPA) analyses. which would likely be covered under a Categorical Exclusion. • Land survey costs are not included in this Task Order.: l f land surveys are necessary, the OWNER will cover those costs. Tatic Order 1 8/29/2023 Page 2 77 PART 3.0 OWNER'S RESPONSIBILITIES: • The OWNER will provide the ENGINEER with existing permits, amendments, and available data reporting in a timely manner. • The OWNER will provide As -built drawings and/or sketches showing the location of existing transmission line infrastructure and access points. • The OWNER will provide spatial data for the transmission line infrastructure. • The OWNER will provide the ENGINEER structure identification numbers for all structures within the ROW, which will be necessary for the SF299 application. • The OWNER will provide the ENGINFF,R information necessary to develop an Operations and Maintenance Plan to be included in the SF299 application, including but not limited to scheduled clearing and planned improvements. • The OWNER will provide the ENGINEER information necessary to develop a Vegetation Management Plan for use in the SF299 application. • Ifa site visit is required, the OWNER will cover the ENGINEER's lime and materials for the site visit and any additional reporting beyond what is covered herein. • The OWNER will provide all appropriate land permissions/permits prior to the ENGINEER if site visits are required. PART 4.0 PERIODS OF SERVICE: Upon execution, this task order is effective through July 2024. PART 5.0 ENCINEER's FEE: The total amount of the services anticipated in this task order four scope is $56,298.46, as detailed in the attached spreadsheet. Compensation to HDR shall be on a time and materials basis and changes to the total budget amount on this task order trust be agreed to in writing by both parties. This Task Order is executed this 29th day of August, 2023. The City of Seward HDR ENGINEERING, INC. "OWNER" _ "ENGINEER," BY: `f � BY: 40/7,141/174"---- NAME: NAME: Matthew Stone, PE TITLE: TITLE: Vice President ADDRESS; ADDRESS: 582 E 36th Ave Suite 500 A1TES7: KRIS PECK CFT Y CLERK Task Order 1 �,.+%'"'r'o's,.,• Anchorage. AK 99503 al I. to! 1%4 .......' .+ .'�•;; 'it/NE �:F-o 402023 Page 3 ii �'ssTATE Ot Pam' r,,Jaggels-* HDR Engineering. Inc. Powerline ROW Permit Renewal Time and'Niaterials P».erIine _I ItO1,1, I'errott ROUO7aall Role ianlrld)re 2623 Meta — TO1AL COSTS, .9C PrgR,Cl ltlsmaver 1.1" loulc,r Scruw ❑IS dlnelysl leca 1nol 13tlln SlidPrulerl ('gsrtro1s ITouc 5a1No1al ('Hat &tbttifal tl.L.amon_Pau! ) Cnntonalram. Erin limbo* • hirmltnc Mtcllellt tca'Nin,Salm AA /Wan_ Tlrta \1 H.11.(':Jler 1J tWle $220.80 5171.52 S )7.Cri1 %I63.46 5166.50 5131.84 I :t.1, 1 Develhp Specie Qat Perml Applictltino 29 182 I I S 13 24 8 171 55.b:2'> S56,298.46 Prrnce'lkick•ufTmeelnnc t. ith Can 1 _ S56,1 S563.84 12,1%1 exiainF Ln rmaii n _ 4 .t I 11 I Sl_e8 S1,680.48 Develop spatwl data & maps 1 R 3 _ 45 $5;9b5 S5ti365.76 htcet willwill fores1SencL 2 ., .I I 51,516 51..518.08 Matt /]&M Plan 2 24 1,-., _ 4* 51119 57.116.66 Final (i&AlI'Ian % q 16 1 ._`ei7 S2.537.15 Um9 Vel3elattna. Ma nage:a m Plan 2 24 8 I _ Ao_ Sly 338- 56437446 S2,31635 1 anal l e¢;etatInn R1arta:trntrnl Plan 1 8 4 _ 15 '52.316 Develop Draft I'ertni1Application 6 '50 32 98 $14:g . 514.672,58 D,vtrlryLFtnall'efnut t11Ii.aton a I!1 1' 2-1 _ S3:S42 S3,841.79 Fort Sonw.r Ccs rI'11na!i in 4 24 6 _ ;s 5.6.I05 S6,IIK.28 Prit)el'I ylanakrmgnu 16 _ 26 Cl241 S.1,240.64 • Itaie55ased.yn.mulml?lter wnh ',tail) esaalanan Brsic'Services- Iabarllnnr Total _v 110 118 13 24 8 B 45IC SfR3'1C8S-TOTA1, COST S 6.4113.20 5 31216.64 S 11516.80 S 2,11120 S 3,995.90 S 1,034.72 374 $96,298 S56.296.46 \A: ales 1 IIV.- io Pcpe es mwkul" an 3141sc 8129..7.1123 79