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HomeMy WebLinkAboutRes2023-102 HDR Engineering Sponsored OF SEWARD,ALASKA by: Sorensen RESOLUTION 2023-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HDR ENGINEERING,INC.,IN AN AMOUNT NOT TO EXCEED $56,300 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 WHEREAS, 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; and WHEREAS, this special-use permit is necessary for the Seward Electric System to continue accessing transmission line corridors along Forest Service land between the Dave's Creek Substation near Cooper Landing and into Seward; and WHEREAS, Seward Electric System personnel unsuccessfully attempted to identify a consultant/firm to complete this work before HDR Engineering was referred to the utility by the Forestry Service; and WHEREAS, HDR Engineering will review existing permits, amendments, as-builts, access points, available operations and maintenance plans, and other related materials necessary for the permit applications; and WHEREAS,HDR Engineering will utilize GIS software to map and digitize transmission rights-of-way and rights-of-way access points to support the permit application; and WHEREAS,this agreement with HDR Engineering calls for a completion of its work and a filing of the permit application no later than July 2024; and WHEREAS, the renewal of the special-use permit will cover a 50-year period beginning upon the date of approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter a contract with HDR Engineering, Inc. for work to complete and submit a special-use permit application with the U.S Forest Service. Section 2. Funding in the amount of$56,300 is hereby appropriated in the 2023 budget CITY OF SEWARD, ALASKA RESOLUTION 2023-102 J from Electric reserves account no. 15000-0000-3400 to contracted services account no. 15000- 3000-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of September 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: Osenga, DeMoss, Finch, Wells, Calhoon, McClure NOES: None ABSENT: Barnwell ABSTAIN: None VACANT: None ATTEST: ..ti Kris Peck City Clerk q ' (City Seal) ♦sv-k po•.� �Q '•,e -+" EAL . . i :• 0 ',,,qrE O 'P' 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 $56,300 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-builts, 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-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., 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 Permit 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 HDR 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: $ 56,300 This legislation(✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ $56,300 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): ✓ Not budgeted Not applicable Fund Balance Information Affected Fund(✓): 15000-3000-7009 General SMIC ✓ Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note:amounts are unaudited Available Fund Balance $ Finance Director Signature: .544& LO 64 Attorney Review Yes Attorney Signature: ✓ Not applicable Comments: Administration Recommendation e✓ 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"CONSULTANT," 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 1.1 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 and marked 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 terms of this Agreement shall control. 1.3 ENGINEER will provide the Scope of Services as set forth in Part 2 of each Task Order. SECTION II. RESPONSIBILITIES 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 MSOEA- 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 1 I 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first written above. The City of Seward ..OWNER" z ATTEST: BY: 9. NAME: Kat Sorensen KRIS PECK TITLE: Seward City Manager___ ° M/ CLERK ADDRESS: Po Box 167 ,,•''oF SE�v''••., Seward, AK. 99664 • SEAL • HDR ENGINEERING, INC. Z "ENGINEER" STo�Ar t,N9.0 •....... C, 8Y: OF ' 'tell IIWItIs NAME: Matthew Stone, PE TITLE: Vice President ADDRESS: 582 E 36th Ave Suite 500 Anchorage, AK 99503 Contracts Manual MSOEA-2 5/20 l9 i EXHIBIT A TASK ORDER This Task Order pertains to an Agreement by and between , ("OWNER"), and HDR Engineering, Inc. ("ENGINEER"), 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 1.0 PROJECT DESCRIPTION: PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER 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: i i i i i i i i Contracts Manual MSOEA-3 5/2019 70 This Task Order is executed this day of ,20_ HDR ENGINEERING, INC. "OWNER" "ENGINEER" BY: BY: NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: Contracts Manual MSOEA-4 5/2019 71 EXHIBIT B TERMS AND CONDITIONS i Contracts Manual MSOEA-5 5/2019 72 HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE entitled to review all construction contract documents and to require The standard of care for all professional engineering,consulting and that no provisions extend the duties or liabilities of ENGINEER related services performed or furnished by ENGINEER and its beyond those set forth in this Agreement. OWNER agrees to include employees under this Agreement will be the care and skill ordinarily ENGINEER as an indemnified party in OWNER's construction used by members of ENGINEER's profession practicing under the contracts for the work,which shall protect ENGINEER to the same same or similar circumstances at the same time and in the same degree as OWNER. Further,OWNER agrees that ENGINEER shall locality. ENGINEER makes no warranties,express or implied,under be listed as an additional insured under the construction contractor's this Agreement or otherwise,in connection with ENGINEER's liability insurance policies. services. 5. CONTROLLING LAW 2. INSURANCE/INDEMNITY This Agreement is to be governed by the law of the state of Alaska. ENGINEER agrees to procure and maintain,at its expense,Workers' Compensation insurance as required by statute;Employer's Liability 6. SERVICES AND INFORMATION of$250,000;Automobile Liability insurance of$1,000,000 combined OWNER will provide all criteria and information pertaining to single limit for bodily injury and property damage covering all OWNER's requirements for the project,including design objectives vehicles,including hired vehicles,owned and non-owned vehicles; and constraints,space,capacity and performance requirements, Commercial General Liability insurance of$1,000,000 combined flexibility and expandability,and any budgetary limitations. OWNER single limit for personal injury and property damage;and Professional will also provide copies of any OWNER-fumished Standard Details, Liability insurance of$1,000,000 per claim for protection against Standard Specifications,or Standard Bidding Documents which are claims arising out of the performance of services under this to be incorporated into the project. Agreement caused by negligent acts,errors,or omissions for which OWNER will fumish the services of soils/geotechnical engineers or ENGINEER is legally liable. If flying an Unmanned Aerial System other consultants that include reports and appropriate professional (UAS or drone),ENGINEER will procure and maintain aircraft recommendations when such services are deemed necessary by unmanned aerial systems insurance of$1,000,000 per occurrence. OWNER shall be made an additional insured on Commercial ENGINEER. The OWNER agrees to bear full responsibility for the General and Automobile Liability insurance policies and certificates technical accuracy and content of OWNER-furnished documents and of insurance will be furnished to the OWNER. ENGINEER agrees to services. indemnify OWNER for third party personal injury and property In performing professional engineering and related services damage claims to the extent caused by ENGINEER's negligent acts, hereunder,it is understood by OWNER that ENGINEER is not errors or omissions. However,neither Party to this Agreement shall engaged in rendering any type of legal,insurance or accounting be liable to the other Party for any special,incidental,indirect,or services,opinions or advice. Further,it is the OWNER's sole consequential damages(including but not limited to loss of use or responsibility to obtain the advice of an attorney,insurance counselor opportunity;loss of good will;cost of substitute facilities,goods,or or accountant to protect the OWNER's legal and financial interests. services;cost of capital;and/or fines or penalties),loss of profits or To that end,the OWNER agrees that OWNER or the OWNER's revenue arising out of,resulting from,or in any way related to the representative will examine all studies,reports,sketches,drawings, Project or the Agreement from any cause or causes,including but specifications,proposals and other documents,opinions or advice not limited to any such damages caused by the negligence,errors prepared or provided by ENGINEER,and will obtain the advice of an or omissions,strict liability or breach of contract.The employees of attorney,insurance counselor or other consultant as the OWNER both parties are intended third party beneficiaries of this waiver of deems necessary to protect the OWNER's interests before OWNER consequential damages. takes action or forebears to take action based upon or relying upon 3. OPINIONS OF PROBABLE COST the services provided by ENGINEER. Any opinions of probable project cost or probable construction cost 7. SUCCESSORS,ASSIGNS AND BENEFICIARIES provided by ENGINEER are made on the basis of information OWNER and ENGINEER,respectively,bind themselves,their available to ENGINEER and on the basis of ENGINEER's partners,successors,assigns,and legal representatives to the experience and qualifications,and represents its judgment as an covenants of this Agreement. Neither OWNER nor ENGINEER will experienced and qualified professional engineer. However,since assign,sublet,or transfer any interest in this Agreement or claims ENGINEER has no control over the cost of labor,materials, arising therefrom without the written consent of the other.No third equipment or services furnished by others,or over the contractor(s') party beneficiaries are intended under this Agreement. methods of determining prices,or over competitive bidding or market conditions,ENGINEER does not guarantee that proposals,bids or 8. RE-USE OF DOCUMENTS actual project or construction cost will not vary from opinions of All documents,including all reports,drawings,specifications, probable cost ENGINEER prepares. computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement,are instruments of service 4. CONSTRUCTION PROCEDURES with respect to the project.Upon payment in full of all amounts due to ENGINEER's observation or monitoring portions of the work ENGINEER pursuant to this Agreement,OWNER shall have performed under construction contracts shall not relieve the ownership of all such documents. Engineer may retain copies of the contractor from its responsibility for performing work in accordance documents for its information and reference in connection with the with applicable contract documents. ENGINEER shall not control or project;Any alterations of modifications made to the documents by have charge of,and shall not be responsible for,construction means, OWNER of the documents for purposes other than those intended methods,techniques,sequences,procedures of construction,health hereunder shall be at OWNER's sole risk and without liability or legal or safety programs or precautions connected with the work and shall exposure to ENGINEER,and OWNER will defend,indemnify and not manage,supervise,control or have charge of construction. hold harmless ENGINEER from all claims,damages,losses and ENGINEER shall not be responsible for the acts or omissions of the expenses,including attorney's fees,arising or resulting therefrom. contractor or other parties on the project.ENGINEER shall be 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 of the services,an equitable adjustment shall be made,and the verification or adaptation will entitle ENGINEER to further Agreement modified accordingly. compensation at rates to be agreed upon by OWNER and ENGINEER. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any 9. TERMINATION OF AGREEMENT inconsistent or contradictory provisions contained in any proposal, OWNER or ENGINEER may terminate the Agreement,in whole or in contract,purchase order,requisition,notice-to-proceed,or like part,by giving seven(7)days written notice to the other party. document. Where the method of payment is"lump sum,"or cost reimbursement, the final invoice will include all services and expenses associated 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION with the project up to the effective date of termination. An equitable In connection with the services under this Agreement,ENGINEER adjustment shall also be made to provide for termination settlement agrees to comply with the applicable provisions of federal and state costs ENGINEER incurs as a result of commitments that had Equal Employment Opportunity for individuals based on color, become firm before termination,and for a reasonable profit for religion,sex,or national origin,or disabled veteran,recently services performed. separated veteran,other protected veteran and armed forces service medal veteran status,disabilities under provisions of 10. SEVERABILITY executive order 11246,and other employment,statutes and If any provision of this agreement is held invalid or unenforceable, regulations,as stated in Title 41 Part 60 of the Code of Federal the remaining provisions shall be valid and binding upon the parties. Regulations§60-1.4(a-f),§60-300.5(a-e),§60-741 (a-e). 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 15. HAZARDOUS MATERIALS any subsequent breach of the same provision,term or condition. OWNER represents to ENGINEER that,to the best of its knowledge,no hazardous materials are present at the project site. 11. INVOICES However,in the event hazardous materials are known to be ENGINEER will submit monthly invoices for services rendered and present,OWNER represents that to the best of its knowledge it OWNER will make payments to ENGINEER within thirty(30)days has disclosed to ENGINEER the existence of all such hazardous of OWNER's receipt of ENGINEER's invoice. materials,including but not limited to asbestos,PCBs,petroleum, hazardous waste,or radioactive material located at or near the ENGINEER will retain receipts for reimbursable expenses in general project site,including type,quantity and location of such accordance with Internal Revenue Service rules pertaining to the hazardous materials. It is acknowledged by both parties that support of expenditures for income tax purposes.Receipts will be ENGINEER's scope of services do not include services related in available for inspection by OWNER's auditors upon request. any way to hazardous materials. In the event ENGINEER or any If OWNER disputes any items in ENGINEER's invoice for any other party encounters undisclosed hazardous materials, reason,including the lack of supporting documentation,OWNER ENGINEER shall have the obligation to notify OWNER and,to the may temporarily delete the disputed item and pay the remaining extent required by law or regulation,the appropriate governmental amount of the invoice. OWNER will promptly notify ENGINEER of officials,and ENGINEER may,at its option and without liability for the dispute and request clarification and/or correction. After any delay,consequential or any other damages to OWNER,suspend dispute has been settled,ENGINEER will include the disputed item performance of services on that portion of the project affected by on a subsequent,regularly scheduled invoice,or on a special hazardous materials until OWNER: (i)retains appropriate invoice for the disputed item only. specialist consultant(s)or contractor(s)to identify and,as appropriate,abate,remediate,or remove the hazardous materials; OWNER recognizes that late payment of invoices results in extra and(ii)warrants that the project site is in full compliance with all expenses for ENGINEER. ENGINEER retains the right to assess applicable laws and regulations. OWNER acknowledges that OWNER interest at the rate of one percent(1%)per month,but not ENGINEER is performing professional services for OWNER and to exceed the maximum rate allowed by law,on invoices which are that ENGINEER is not and shall not be required to become an not paid within thirty(30)days from the date OWNER receives "arranger,""operator,""generator,"or"transporter"of hazardous ENGINEER's invoice. In the event undisputed portions of materials,as defined in the Comprehensive Environmental ENGINEER's invoices are not paid when due,ENGINEER also Response,Compensation,and Liability Act of 1990(CERCLA), reserves the right,after seven(7)days prior written notice,to which are or may be encountered at or near the project site in suspend the performance of its services under this Agreement until connection with ENGINEER's services under this Agreement. If all past due amounts have been paid in full. ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials,ENGINEER shall be entitled 12. CHANGES to terminate this Agreement for cause on 30 days written notice. The parties agree that no change or modification to this Agreement, To the fullest extent permitted by law,OWNER shall indemnify or any attachments hereto,shall have any force or effect unless the and hold harmless ENGINEER,its officers,directors,partners, change is reduced to writing,dated,and made part of this employees,and subconsultants from and against all costs,losses, Agreement. The execution of the change shall be authorized and and damages(including but not limited to all fees and charges of signed in the same manner as this Agreement. Adjustments in the engineers,architects,attorneys,and other professionals,and all period of services and in compensation shall be in accordance with court or arbitration or other dispute resolution costs)caused by, applicable paragraphs and sections of this Agreement. Any arising out of or resulting from hazardous materials,provided that proposed fees by ENGINEER are estimates to perform the services (i)any such cost,loss,or damage is attributable to bodily injury, required to complete the project as ENGINEER understands it to be sickness,disease,or death,or injury to or destruction of tangible defined. For those projects involving conceptual or process property(other than completed Work),including the loss of use development services,activities often are not fully definable in the resulting therefrom,and(ii)nothing in this paragraph shall obligate initial planning. In any event,as the project progresses,the facts OWNER to indemnify any individual or entity from and against the developed may dictate a change in the services to be performed, consequences of that individual's or entity's sole negligence or which may alter the scope. ENGINEER will inform OWNER of such willful misconduct. situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such 16. EXECUTION change,additional services,or suspension of services results in an This Agreement,including the exhibits and schedules made part increase or decrease in the cost of or time required for performance hereof,constitute the entire Agreement between ENGINEER and Terms&Conditions for Professional Services 2 (5/2023) 74 OWNER,supersedes and controls over all prior written or oral ENGINEER does not guarantee that OWNER's OT Systems are understandings. This Agreement may be amended,supplemented impenetrable. or modified only by a written instrument duly executed by the 23.FORCE MAJEURE parties. ENGINEER shall not be responsible for delays caused by factors 17. RESERVED beyond ENGINEER's reasonable control,including but not limited to delays because of strikes, lockouts,work slowdowns or stoppages, 18. LITIGATION SUPPORT government ordered industry shutdowns, power or server outages, In the event ENGINEER is required to respond to a subpoena, acts of nature, widespread infectious disease outbreaks (including, government inquiry or other legal process related to the services in but not limited to epidemics and pandemics), failure of any connection with a legal or dispute resolution proceeding to which governmental or other regulatory authority to act in a timely manner, ENGINEER is not a party,OWNER shall reimburse ENGINEER for failure of the OWNER to furnish timely information or approve or reasonable costs in responding and compensate ENGINEER at its disapprove of ENGINEER's services or work product, or delays then standard rates for reasonable time incurred in gathering caused by faulty performance by the OWNER's or by contractors of information and documents and attending depositions,hearings, any level or any other events or circumstances not within the and trial. reasonable control of the party affected,whether similar or dissimilar 19. NO THIRD PARTY BENEFICIARIES to any of the foregoing. When such delays beyond ENGINEER's Except as otherwise provided in this Agreement, no third party reasonable control occur,the OWNER agrees that ENGINEER shall beneficiaries are intended under this Agreement. In the event a not be responsible for damages,nor shall ENGINEER be deemed in reliance letter or certification is required under the scope of default of this Agreement,and the parties will negotiate an equitable services,the parties agree to use a form that is mutually acceptable adjustment to ENGINEER's schedule and/or compensation if to both parties. impacted by the force majeure event or condition. 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 utilities that are property 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 prior to beginning the underground sampling/testing. 21.UNMANNED AERIAL SYSTEMS If operating UAS, ENGINEER will obtain all permits or exemptions required by law 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, laws, 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, continuous monitoring of assets for tampering and intrusion,periodic evaluation for asset vulnerabilities,implementation and update of appropriate technical, physical, and operational standards, and oftline testing of all software/firmware patches/updates prior to placing updates into production. Additionally, OWNER recognizes and agrees 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 likelihood that OT Systems will be compromised by such incidents. However, Terms&Conditions for Professional Services 3 (5/2023) 75 i 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 belo« 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 Line—U.S. Forest Service Special Use Right- of-Way Permit Renewal PART 1.0 PROJECT DESCRIPTION: The U.S. Forest 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 distribution line and a 69 kV transmission line. Records indicate that the Forest Service has since authorized multiple amendments to this permit. Amendment#5, issued in 1960, amended the permit area as 30-feet on either side of the power line for 20.5 miles and Amendment#6, issued in 1977, included an adjustment to the ROW due to a necessary realignment of the transmission line near mile 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 rene\\ed. The section below describes the ENGINEER's proposed scope of services. \�hich includes developing an application to request the Forest Service renew the Special Use Permit for the OWNER's transmission line that extends between the Dave's Creek Substation and Sc\\ard. 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 fin-11-c117sporl(Ition, rr/ilit,v.�a.�irn�.c, telecommunications and facilities on federal lands and property' using Standard form(SF299)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 would be necessary if formal surveys 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 with the Forest Service,development of a draft and final permit application,and coordination with the Forest Service after submittal of the permit application package, as necessary. This scope and cost estimate assumes that the OWNER will provide information necessary for the ENGINEER to update the existing Operations and Vegetation Management plans to current Forest Service requirements,which will 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.,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. • 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 Permit 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,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 data and 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 coordination meeting with the Forest Service will not result in substantial changes to the scope of work detailed herein. • A site visit will not be required and 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 Environmental Policy Act (NEPA)analyses,which would likely be covered under a Categorical Exclusion. • Land survey costs are not included in this Task Order. If land surveys are necessary,the OWNER will cover those costs. Task 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 ENGINEER 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. • 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 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 ENGINEER'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 must be agreed to in writing by both parties. This Task Order is executed this 29th day of August, 2023. The Cite of Seward HDR ENGINEERING, INC. "OWNER" "ENGINEER" BY: BY: /AXK��� NAME: NAME: Matthew Stone PE TITLE: TITLE: Vice President ADDRESS: ADDRESS: 582 E 361h Ave Suite 500 ���'"�"i�.��• Anchorage. AK 99503 g ATTEST; :•yL.Rfo'••,,, �r A T • s � s �LL\r`L • i KRIS PECK �10• ' S -'' ^• ° 0•• CXT Y CLERK as �•� S'.UNE ,e'•CQ� 023 Page 3 Task Order 1 ♦ '...••�•••�.• 1� g TE O� P i HDR Engineering, Inc. Powerline ROW Permit Renewal Time and Materials Powerline ROW Permit Renewal Project Senior GIS Billing and Project Role QC �I t c ills Analyst Analyst Tech Editor Controls Brisbois, Hour Cost TOTALCOSTS McLamon,Paul Cunningham, Norton.Scott Hall,Galley Employee 1 Erin Caroline M Adair,Tina Ni Nicole Subtotal Subtotal Michelle 2023 Rates S220.80 S171.52 S97.60 S162.40 S166.50 $131.84 Task I Develop Special Use Permit Application 29 182 118 13 24 8 374 $56,298 S56,298.46 Project kick-off meeting atth City 1 2 $564 S563.84 Review existing information 2 4 4 1 1 1 $1.680 51,680.48 Develop spatial data&ma s 1 8 32 4 45 $5 366 $5,365.76 Meet with Forest Sencc 2 4 4 to SI 518 $1518.08 Draft O&M Plan 2 24 16 6 48 $7,119 $7,118.66 Final O&M Plan 18 4 110 $2,537 $2,537.15 Draft Vegetation Management Plan 2 24 8 6 40 $6 338 $6,337.96 Final Vegetation Management Plan 1 8 4 2 15 $2,316 S2,316.35 Develop Draft Permit Application 6 50 32 4 6 98 $14 673 $14 672.58 Dccclop Final Pcmut Application 4 10 o '4 S3.842 $3,841.79 Forest Sers icc Goordmauon 4 '4 S 38 $0.105 S6,105.28 Prowcl Management IP 8 'o $4,241 S4240.64 •Rates based on multiplier with vearlx escalation Basic Services-Labor Hour 7btal 29 182 1 118 13 24 8 BASIC SERVICES-TOI AI,COSTS S 6,403.20 S 31,216.64 1 S 11516.80 S 2.111.20 S 3,995.90 S 1,054.72 374 $56,298 $56,298.46 Notes: 110%markup on Ezpansas 2 100u markup on Subs PAGE 1 8792023 79