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FY2022-38 Environmental Management, Inc. for the KIB Mental Health Facilities Environmental AssessmentC--00 "C� A). Pdu -lvl- Contract No. FY 2022-38 Professional Services Agreement with Environmental Management, Inc. for Phase IlLimited Phase II Environmental Assessment Services This AGREEMENT, made and entered into this 2nd day of May, 2022 by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the "Borough" and ENVIRONMENTAL MANAGEMENT, INC. a corporation authorized to do business in Alaska, with offices located at 206 Fireweed Lane, Suite 201, Anchorage, AK 99503, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the Borough wishes to enter into a contract with an independent contractor to provide an environmental assessment of the Kodiak Island Borough Mental Health site and three buildings located at 717 Rezanof Dr., Kodiak, Alaska, and provide a Hazardous Materials Survey and a Phase I and Limited Phase 11 Site Assessment in accordance with the most current ASTM E1527-21 Standard. WHEREAS, Environmental Management, Inc. submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including_ Exhibit A — Request for Proposals dated April 8, 2022 Exhibit B — Proposal of Contractor dated April 22, 2022 1.2 "Change Order' is an addition to, or reduction of, or other revision approved by the Borough in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "Borough" shall all mean the Kodiak Island Borough, Alaska. 1.4 "Contracting Officer" shall mean Borough Manager and include any successor or authorized representative. 1.5 "Project" shall mean the environmental assessment of the property located at 717 Rezanof Drive, Kodiak, AK, including a hazardous material survey and Phase IlLimited Phase 11 site assessment as described in Exhibit A. Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 1 of 8 2.0 TERM OF AGREEMENT, This Agreement shall take effect upon execution by both Borough and Contractor. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the Borough has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. For engineering and design service described in 4.0 Scope of Service, the Borough will compensate the Contractor an amount not to exceed Twenty -One Thousand Three Hundred Forty Two Dollars and Zero Cents ($21,342.00). 4.0 SCOPE OF SERVICES. The Borough and Contractor have agreed upon a scope of work described in the Request for Proposals, Exhibit A, and Contractor's proposal, Exhibit B, to provide professional services based on approved standards and instructions. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. Reserved. 6.0 PERSON NELIORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Shayla Marshall, Project Manager Glenn Hasburgh, Field Lead 6.2 Changes in Key Personnel. The Contractor shall give the Borough reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the Borough by this Agreement. The Contractor covenants with the Borough to furnish its best skill and judgment, and to further the interest of the Borough at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 2 of 8 required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the Borough. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this agreement, including attorney fees and costs. The consultant is not required to indemnify, defend, or hold harmless the Borough for a claim of, or liability for, the independent negligent acts, errors, and omissions of the Borough. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor and the Borough, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor" and "Borough" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough" means negligence other than in the Borough's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work or the Contractor's subcontractors. 11.0 INSURANCE. The Contractor understands that no Borough insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the Borough with certificates of insurance evidencing that all required insurance has been obtained_ These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of Borough. b. Borough will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 3of8 c. Insurer waives all rights of subrogation against Borough and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough. Upon request, Contractor shall permit the Borough to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough hereunder, be delivered to the Borough upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the Borough upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the Borough harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the Borough or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 4 of 8 rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETYIPERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the Borough terminates this Agreement, it will pay the Contractor a sum equal to the percentage of work completed and accepted by the Borough that can be substantiated by the Contractor and the Borough, offset by any amounts owed to the Borough. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The Borough may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish, and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the Borough or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the Borough (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Borough's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 5 of 8 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract, or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement and shall not be an employee or agent of the Borough. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state, and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or Kodiak, Alaska. 26.0 CHANGES IN SCOPE OF WORK_ Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 6 of 8 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The Borough or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both: and b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the Borough or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the Borough or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 7 of 8 27.3 Nothing in this Section shall affect the right of the Borough under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road, Room 125 Kodiak, Alaska 99615 Environmental Management, Inc. Attm Shayla Marshall 206 Fireweed Lane, Suite 201 Anchorage, AK 99503 IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Island Borough 5igned�Y1l� By: Roxanne Murphy Title: Borough Manager Date: q • w 1 r �� ATTEST: Environmental Management, Inc. Signed:_ Title: Vice President Date: May 2, 2022 Nova Javier ®� Borough Clerk (Borough seal) Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 8 of 8 EXHIBIT A Request for Proposals tY. KODIAK ISLAND BOROUGH ENVIRONMENTAL ASSESSMENT OF KODIAK ISLAND BOROUGH MENTAL HEALTH FACILITIES ISSUED: April 81h, 2022 INVITATION FOR BIDS The KODIAK ISLAND BOROUGH will receive sealed bids until 2:00 pm (local time), April 26, 2022, for the Environmental Assessment of Kodiak Island Borough Mental Health Facilities. All work to be done under one Contractor as described in the Scope of Work: Hazardous Materials Survey and Phase I/Limited Phase II Site Assessment for the site and property located at 717 Rezanof Drive, Kodiak, AK 99615. All work must be substantially complete not later than June 15'x, 2022, and lfnal completion achieved not later than June 30`', 2022. There will be a non -mandatory pre-bid conference on April 18`h, 2022, at 10:00 am (local time) at the Kodiak Island Borough Building, 710 Mill Bay Road, Kodiak, Alaska. Potential bidders are encouraged to attend this conference. A walk through of the 717 Rezanof Drive property will be conducted at that time. Complete bidding documents for this project are available in electronic form. They may be viewed online and downloaded from the Kodiak Island Borough website, www.kodiakak.us CONTACT PERSON: Matt Gandel, Project Manager Engineering/Facilities Department (907) 486-9211 or mgandel@kodiakak.us Roxanne Murphy BOROUGH MANAGER Published: April 8, 15, and 22. Invitation to Bid Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 2 of 19 IMPORTANT BIDDER REGISTRATION FORM Upon receipt of these bid documents, the contractor shall fill out the information below and return to the Kodiak Island Borough in order to provide contact information to receive notification about additional information, addendum and any other information which may impact bid time or quantities. Only registered bidders will receive notifications. Contractor's Contact Information Name of Company: Contact Name: Address: Phone Number: Fax Number: Email: Return this form via fax, email, regular mail, or hand delivered to the following location: Matt Gandel Project Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Phone: 907-486-9211 Fax. 907-486-9347 Email: mgandel&kodiakak.us END OF BIDDER REGISTRATION FORM Invitation to Bid Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 3 of 19 SCOPE OF WORK The Kodiak Island Borough desires to obtain an environmental assessment of the Mental Health site and buildings located at 717 Rezanof Dr. Kodiak, Alaska, 99615. All work outlined in the Scope of Work below should be based on federal regulations by the Environmental Protection Agency (EPA) and American Society for Testing and Materials standards. Scope of Work 1) Hazardous Materials Survey • Provide a certified Asbestos Hazard Emergency Response Act (AHERA)Building Inspector to perform a visual assessment of the building conditions and conduct the survey. Survey to be conducted in accordance with the AHERA standards and ASTM E2356. ASTME2346 — Standard Practice for Comprehensive Building Asbestos Survey. EPA NESHAP (40CFR Part 61, Subpart M)(National Emission Standards for Hazardous Air Pollutants). • Collect bulk samples of suspected Asbestos Containing Materials (ACM) to be analyzed by a National Voluntary Laboratory Accreditation Program (NVLAP) accredited asbestos laboratory. • Provide an EPA Certified Lead Risk Assessor to test representative painted surfaces for Lead Based Paint (LBP) using a portable X -Ray Fluorescence (XRF) analyzer. • Collect Bulk soil samples for lead in soils analysis. • Document any other regulated building materials such as PCB containing light ballasts, mercury containing light bulbs and for thermostats, radiation containing exit signs, stored hazardous materials, etc. 2) Phase I/Limited Phase 11 • Prepare a Phase I Site Assessment in accordance with the most current ASTM E1527- 21 standard, (fifth revision practice and process for conducting Phase I Environmental Site Assessment), to include a comprehensive review of available records, historical land usage and permits, interviews with individuals knowledgeable about the property usage and history, and review of historical maps and aerial photography. + Due to the presence of an old unregulated Underground Storage Tank (UST), investigation of the property including minor potholing to determine presence or absence of a UST. Report to include confirmation of the presence or absence of UST's. If present, an assessment of the size and location shall be done. 3) Drawings See attached drawings as Appendix C Invitation to Bid Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 4 of 19 II. SCHEDULE AND SUBMISSION 1) Schedule Bid Package Available: April 8th, 2022 Non -Mandatory Pre -Bid Meeting: April 18th, 2022, at 10:00am, located KIB Assembly Chambers Requests for information/clarification Due: April 20th, 2022, S:OOpm local time Sealed Bids Due: April 26th, 2022, at 2:00 pm local time The Borough reserves the right to make adjustments to the above noted schedule as necessary. 2) Questions Bidders may contact the Borough for clarification and information pertaining to this request for bids. Any requests for information or clarification must be submitted in writing by email to Matt Gandel, maandel(pD-kodiakak.us , by April 20th, 2022, by 5:00 pm local time. All written questions and written responses to all questions will be posted on the Borough's web page as Addenda and emailed to all registered bidders_ All addenda will be included in contract documents. 3) Bid Submission Bids submitted in response to this Invitation to Bid must meet the specifications set forth herein. Only those bidders providing complete information as required will be considered for evaluation. Any major deviation from these specifications may cause rejection of the bid at the Borough's discretion. Bids must include the following information: Cover Letter, including: a) Project title b) Name and address of the entity submitting the bid c) Contact person's name, mailing or street addresses, phone and fax numbers and email address d) Submission of the letter will constitute a representation by your firm that your firm is willing and able to perform the commitments contained in the bid. Description of Methods Include a description of the sampling methods or strategies the firm will use to complete the assessment. Invitation to Bid Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 5 of 19 Completed Bid Form and Acknowledgement of Addenda Bidders are required to submit a bid price and acknowledge any issued addenda on the attached Appendix A. The Borough intends to award this contract to the firm that it considers will provide the best overall product. The Borough reserves the right to accept other than the lowest priced offer and to reject any bids that are not responsive to this request. 4) Submittal One original and one copy of your bid package must be received by the Office of the Borough Finance Office no later than 2:00 P.M. (local time), April 26th, 2022. Bids shall be sealed and addressed to: Finance Office — Room 104 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 The outside of the sealed envelope must be identified as: KODIAK ISLAND BOROUGH ENVIRONMENTAL ASSESSMENT OF MENTAL HEALTH FACILITIES. Late bids and bids sent by facsimile or email will not be accepted. It shall not be sufficient to show that the bid was mailed in time to be received before scheduled closing time, postmarks will not be accepted. III. TERMS AND CONDITIONS 1) Errors and Omissions Proposers are responsible for reviewing all portions of this Invitation to Bid. Proposers are to promptly notify the Borough, in writing, if the proposer discovers any ambiguity, discrepancy, omission or other error in the Invitation to Bid. Any such notification should be directed to the Borough promptly after discovery, but in no event later than seven working days prior to the date for receipt of bids. 2) Contract Bid shall be good for 90 days. A successful proposer will be expected to enter into a written contract with the Kodiak Island Borough prior to the commencement of work_ A copy of the standard Kodiak Island Borough Professional Services Agreement is attached as Appendix B. 3) Specifications Any deviations from bid specifications indicated herein must be clearly stated otherwise it will be considered that items offered are in strict compliance with the specifications, and successful bidder will be held responsible. Deviations must be explained in detail. Invitation to Bid Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 6 of 19 APPENDIX A BID FORM Company Name Representative Name Title Address City State Zip Code Phone Number Email address Total cost of environmental assessment and items outlined in the Scope of Work for the Kodiak Island Borough Mental Health Facilities (PKICC) located at 717 Rezanof Dr, Kodiak, AK 99615: (if differences exist between the written and printed form, the written form shall prevail) dollars (written) (printed) Binder is required to acknowledge receipt of all addenda. Provide the number and date of each. Attach additional sheets if necessary. Addendum Number Date I have read and understand the requirements of this Invitation to Bid and agree to comply except as noted below: Submitted by: Date: (Signature of individual listed above) Appendix A: Bid Form Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 7 of 19 APPENDIX B CONTRACT FY2022- XX Professional Services Agreement with (CONTRACTOR) for Phase 11 Limited Phase II Environmental Assessment Services This AGREEMENT, made and entered into this day of , 2022 by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the "Borough" and a corporation authorized to do business in Alaska, with offices located at hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the Borough wishes to enter into a contract with an independent contractor to provide an environmental assessment of the Kodiak Island Borough Mental Health site and three buildings located at 717 Rezanof Dr., Kodiak, Alaska, and provide a Hazardous Materials Survey and a Phase I and Limited Phase II Site Assessment in accordance with the most current ASTM E1527-21 Standard. WHEREAS, submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — Proposal of Contractor dated 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "Borough" shall all mean the Kodiak Island Borough, Alaska. 1.4 "Contracting Officer' shall mean Borough Manager and include any successor or authorized representative. Appendix B: Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 8 of 19 1.5 "Project" shall mean the research and recommendations for seawater discharge permitting at the Kodiak Fisheries Research Center in Kodiak, Alaska and an assessment of the existing ozone system equipment for possible replacement. 2.0 TERM OF AGREEMENT, This Agreement shall take effect upon execution by both Borough and Contractor. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the Borough has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. For engineering and design service described in 4.0 Scope of Service, the Borough will compensate the Contractor an amount not to exceed ($ ). Fees will be billed on a time and materials basis. 4.0 SCOPE OF SERVICES. The Borough and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide professional services based on approved standards and instructions. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. Reserved. 6.0 PERSONNELIORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: (Name of Personnel, Position) 6.2 Changes in Key Personnel. The Contractor shall give the Borough reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the Borough by this Agreement. The Contractor covenants with the Borough to furnish its best skill and judgment, and to further the interest of the Borough at all times through efficient Appendix B: Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 9 of 19 business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the Borough. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this agreement, including attorney fees and costs. The consultant is not required to indemnify, defend, or hold harmless the Borough for a claim of, or liability for, the independent negligent acts, errors, and omissions of the Borough. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor and the Borough, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor" and "Borough" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough" means negligence other than in the Borough's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work or the Contractor's subcontractors. 11.0 INSURANCE. The Contractor understands that no Borough insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the Borough with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of Borough. Appendix B: Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 10 of 19 b_ Borough will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c_ Insurer waives all rights of subrogation against Borough and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough. Upon request, Contractor shall permit the Borough to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS, Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough hereunder, be delivered to the Borough upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the Borough upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS TRADEMARKS AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the Borough harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the Borough or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy Appendix B: Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 11 of 19 herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the Borough terminates this Agreement, it will pay the Contractor a sum equal to the percentage of work completed and accepted by the Borough that can be substantiated by the Contractor and the Borough, offset by any amounts owed to the Borough. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The Borough may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish, and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the Borough or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the Borough (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Borough's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. Appendix B: Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 12 of 19 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract, or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement and shall not be an employee or agent of the Borough. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state, and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or Kodiak, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any Appendix B: Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 13 of 19 materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The Borough or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both: and b. in the amount of fee to be paid, and c_ in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the Borough or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the Borough or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the Borough under Section 17 to terminate this Agreement. Appendix B: Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 14 of 19 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Kodiak Island Borough Attw Borough Manager 710 Mill Bay Road, Room 125 Kodiak, Alaska 99615 (Title of Contractor Company) Attn: (Main Contact Person) . (Address Line 1 ) (Address Line 2) IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Island Borough Signed: By: Roxanne Murphy Title: Borough Manager Date: ATTEST: Nova Javier Borough Clerk (Borough seal) (Title of Contractor Company) Signed: By: _ Title: Date: Appendix B: Kodiak Island Borough Professional Services Agreement Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 15 of 19 Index APPENDIX C DRAWINGS • A-1 Floor Plan & Schedules A-2 Floor Plan & Schedules • A-4 Elevation & Building Sections Appendix C: Drawings Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 16 of 19 W 0. L- 0 0 n- -------- --- ----------- --------------- _7 R ----- ------------- ----- 4? jF -1 rr L -D P� E� iM— tL'r -, -Lt eal C01 -or- -C--H E DU L tt lm-ls -iX- it U N. l -�a-=75-11---ZkJt-lk 21 + a a i - - < 9r -V �z7 -m*r-q izm. Mi— + MrIVE XMPYArLC 'S L- E1 U Z-12 DEPARTMENT OF THE INTERIOR lalNtN Of PLAHT PjLCdH A C—T U9. APARTMENT BVILDINt 101 I ... = �0 Di, ORMITORY FACUTES NUKE oU OF INDIAN DIAM A F F A�l Rc$ quo FN I nL2— 11 —1 _ D - (n LL 3: a) CID 0 2 0 C: (U Mh 0 E (n (D cn (D E 0 CL > V) CL C m < w a_ R ur� II!I 1 � `�`� i'.-�.��]t•— E�r� � j�i ��a f ti'.I.d i -,�tnt� t3'�� I i• i iL3, ,S- ll� if 14, _ I e �' C� LOQ w -GN E.f�:S�l= K •1 UTp DEPARTMENT OF THE INTERIOR I P, as eucµ�r , . co%3TRVPIory """••' RRAx�x os ytax� ass a BUREAU OF INDIAN AFFAIRS xsw u Z m FINIS -q 5! H17 vDU .- TSF: r`Ix— ■ I��on�a°�■ a■�� r`L■ ®�es■■Em s ■■■n■,• DGL7� e": -H G' Li Lr ! 1 ---- .4Z=_ 1 gOO7T/�E gLTfRNgJE 'e" ^"1-=+•'s„+_kL .nTT- - 7T7 -- ..., Lso,-oes a APARTMENT BUILDING 102 "�•'� ,A_2 "'•••°4 KOUTAK 00AMIT011Y FACILITIES o •°••°' 66 x V614[ 4L0.5KA °'�:,`q2` a� °V LL (u CD m C W 2 0) O 0 m c c� fA Y O Q to cn c N CD N a a) [a C3 0- .x E co c O L CL c ca Q Li 0- V C 0 XI m NO I N E UF.VAI'ISIJ ,T 9-CEOPL'111 01,17 L'L m 11Y '1'/- 7 tTAIL- Al LIVI14, V— ADDirwr .4LrzwArC 'S' 1 A"11011ENT U CORMITOxs 68 DEPARTMENT OF THE INTERIOR W�CH , '1.., —1- EfUILOING IDE K IAK FACILITIES U. U�U. Rs *L.U�U. �Vj BUREAU_ OF INDIAN AFFA.I ...... L) CID LL C: W CB =5 0 SU 0 C: W inE (n co ID In < Cr Y C: (v 0 E m C: 0 G- >CD CL C: ca < ui a - ADDENDUMI KODIAK ISLAND BOROUGH Environmental Assessment of Kodiak Island Borough Mental Health Facilities Kodiak, AK April 14, 202,2 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page and attachment. SPECI'FI'CATIONS Add the following under Scope of Work — 1) Hazardous Materials Survey: Work under this section to include the buildings noted as Apartment 101, Apartment 102, and Mechanical Room/Building (also known as Mechanical and Laundry Building), including crawl spaces under Apartment 101 and Apartment 102. RESPONSES TO BIDDERQUESTIONS: QUESTION 1: Based on review of the provided drawings and Kodiak Island Borough Property Details for the site, there appears to be the following buildings located on the property: • Apartment 101 — 9,520 square foot 2 story building • Apartment 102 — 8,344 square foot 2 story building • Mechanical Room/Building — 504 square feet • Office Building — 2,128 square feet Does the project include conducting hazardous materials survey for all four buildings or just the two apartment buildings? If the other two buildings are to be included can you provide floor plans for these buildings as well? RESPONSE 1: The project includes the buildings referred to as Apartment 101, Apartment 102, and Mechanical Room/Building. Clarifying language to include the Mechanical Room/Building is included in this addendum and a floor plan is attached. The Office Building in the property records refers to renovations done within Apartment 101, and is not for an additional building or square footage. QUESTION 2: Is the area where the UST is located on the property gravel surfaced? Are there any specific repairs that need to occur to the ground surface such as asphalt or concrete repair after potholing around the UST? RESPONSE 2: The area around the UST is soil and grass. The holes should be refilled following potholing to avoid any future safety concerns, but no repair of ground surface is necessary. ATTACHMENTS: 1. A-1 Floor Plan for Mechanical and Laundry Building END OF ADDENDUM NO, 1 KODIAK ISLAND BOROUGH ADDENDUM NO. 1 ENVIRONMENTAL ASSESSMENT OF PAGE 1 KIB MENTAL HEALTH FACILITIES ELI=V071gH -- G _ 161. bl /RILYe pyecHlHy ._._.=• 4s dl m'•� 12.•43 _ __ OH r2� uv '" A�iriF� / 2-s"I•e ?fem ce¢ L, GLn "1 -1..4 ,.r0 Twm _ j mtt >2ovLdTwl ��,IR}h�r .� I�+T 9 v� r4 met -au. 2,-I�Hralp ew puyl�ii Ir� scot e,rP a� Im3�. wo �� ♦�.¢eIUG K d n 2.} Z I r I> E iic r Poli /nn'�rl��;�c�iKr 4, oTI.3,.CI I I 4 T k f i f !_ f I �i � ! `Sj � • i— �_.. _ 3 I I .� .. - F`u•TFaem F comf¢�ep N� CLey6TlOri-P_ T -JA I AILD_SET IDN �A - A✓ F= L OOH._. Y. �. Q H.,� 2• °� -- ----- asPrl T �HIHr�-^I.esY i•SG r1 _._. 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C. rCeekr a Y' KTI>0 CHILI K001AK ALASKA EL EVAT IONS•OETAILS,B SCHEDULE ° �P-B6"'� ADDENDUM 2 KODIAK ISLAND BOROUGH Environmental Assessment of Kodiak Island Borough Mental Health Facilities Kodiak, AK April 15, 2022 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: 1 have a couple of questions regarding the crawl spaces: 1. Are the crawl spaces easily accessible? 2. Are the crawl spaces full height for a person to standup and walk around in them? 3. Are the crawl spaces considered a confined space? RESPONSE 1. The crawl spaces are accessible from hatches in the floors of both buildings. Crawl space height is between 2'6" and 3'0". It is the responsibility of the contractor to determine if they are considered a confined space, and to take appropriate safety measures. QUESTION 2: The Bid Documents do not specify if any roof sampling is to be done_ Is roof sampling required, and if so will KfB be responsible for hiring a roofer to patch the roof in locations where samples are collected? Or will the winning bidder be responsible for patching the roof? Is there an easy way to access the roofs for sample collection, or will the contractor need to rent equipment to access the roofs? RESPONSE 2: Yes, sampling of roofing materials should be included as part of the hazardous materials survey. Contractor will not be required to patch the roof. Contractor shall coordinate with KIB to determine locations for roof sampling that have the least impact to the facility. Contractor will be required to provide equipment to access the roofs. END OF ADDENDUM NO. 2 KODIAK ISLAND BOROUGH ADDENDUM NO. 2 ENVIRONMENTAL ASSESSMENT OF PAGE 1 KIB MENTAL HEALTH FACILITIES ADDENDUM 3 KODIAK ISLAND BOROUGH Environmental Assessment of Kodiak Island Borough Mental Health Facilities Kodiak, AK April 18, 2022 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: The Bid Specification states the asbestos survey should be conducted in accordance with ASTM 2356. This ASTM describes three different types of surveys — baseline surveys, project design surveys and pre -construction surveys. Can you please clarify what type of survey is being requested as it relates to ASTM 2358? RESPONSE 1: The goal of the bid specifications is to complete a baseline survey. QUESTION 2: Is destructive testing, as defined in ASTM 2356, permitted to access hidden materials within wall/ceiling cavities, pipe chases, etc.? RESPONSE 2: Limited destructive testing is allowed under direction of the Owner. QUESTION 3: Regarding the old unregulated UST, is the vent/fill pipe still visible/accessible? RESPONSE 3: The vent pipe is still visible and accessible. QUESTION 4: Is there a particular reason potholing is preferred over a geophysical survey as a means to assess the size and location of the unregulated UST? RESPONSE 4: Potholing is preferred to determine actual size and location of the UST. END OF ADDENDUM NO. 3 KODIAK ISLAND BOROUGH ADDENDUM NO. 3 ENVIRONMENTAL ASSESSMENT OF PAGE I KIB MENTAL HEALTH FACILITIES ADDENDUM 4 KODIAK ISLAND BOROUGH Environmental Assessment of Kodiak Island Borough Mental Health Facilities Kodiak, AK April 21, 2022 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: As part of the limited Phase II ESA, potholing to determine the presence or absence of a potential UST is required. Potholing may result in the damage to the tank or tank piping, and may cause the release of fuel oil. Is there evidence of a tank (i.e. piping)? If not, are other investigative methods allowed? RESPONSE 1: The approximate location of the UST is known. The UST is inactive and has been replaced with an aboveground tank. KIB is open to discussing other investigative methods with the successful bidder. END OF ADDENDUM NO. 4 KODIAK ISLAND BOROUGH ADDENDUM NO. 4 ENVIRONMENTAL ASSESSMENT OF PAGE 1 KIB MENTAL HEALTH FACILITIES EXHIBIT B Contractors Proposal Finance Office, Room 104 Kodiak Island BoroLigh 710 Mill Bay 1Zoa8 Kodiak, Alaska 99615 Environmental Management, Inc. 206 Fasf Fireweer Lane, Suite 201 Anchorage, Alaska 99503 Phone- 907-272-9336 Fax: 907-272-4159 www,enli-Olaska.com .- r„T'� � -'-. _'t�rT•-.m.� "` _-._.,,,,� �^�� . ,ate' - ' -w --- _ Finance Office, Room 104 Kodiak Island BoroLigh 710 Mill Bay 1Zoa8 Kodiak, Alaska 99615 Environmental Management, Inc. 206 Fasf Fireweer Lane, Suite 201 Anchorage, Alaska 99503 Phone- 907-272-9336 Fax: 907-272-4159 www,enli-Olaska.com AAENVIRONMENTAL MANAGEMENT, INC. tQY$LOLrW� rWNyF;I AOG.6 rRAINbNO A 15 N[ COM PANT April 22, 2022 Finance Office, Room 104 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 RE: Kodiak Island Borough Environmental Assessment of Mental Health Facilities COVER LETTER DEPEND ON EMI FOR A CLEANER AND SAFER TOMORROW Environmental Management Inc. (EMI) is pleased to submit this technical proposal in response to the Kodiak Island Borough (KIB) April 8, 2022, invitation to Bid (ITB) for Environmental Assessment of Kodiak Island Borough Mental Health Facilities. EMI is an Alaska -based rapid, response environmental engineering and consulting firm that has been in business since 1988. Because of our wide -range of successful project experiences with rural mobilization, resource management, and client and local stakeholder communication, we are uniquely qualified to provide Kodiak Island Borough the assistance required. Further, while we are based in Anchorage, we are Native -owned and skilled at organizing logistics. We have provided responsive and effective Hazardous Materials Surveys, Phase I and II Environmental Site Assessments, and consulting services to multiple clients throughout Alaska and have been highly adept at listening to the project needs and concerns. ✓ Address: 206 East Fireweed Lane, Suite 201, Anchorage, AK 99503-2703 ✓ Phone: (907) 272-9336 ✓ Fax: (907) 272-4159 ✓ Contract Manager: Shayla Marshall, Vice President, Consulting / Email: smarshall@emi-alaska.com WHAT WILL EMI PROVIDE FOR KODIAK ISLAND BOROUGH'S ITB? • Thorough understanding of environmental regulations and standards • Proven exemplary history of professional relationships providing environmental services • Cohesive and exceptional qualified staff who demonstrate client dedication • E=fficiency in accordance with the scope meshed with sensitivity to project feedback • Detailed, defensible data collection that is responsive to client needs and timelines • Availability in answer to project ebb and flow • Consistent communication to track milestones and deadlines • Demonstrated record of on -budget and on-time deliverables and outcomes • Innovative, practical, and cost-effective mitigation or remediation recommendations Kodiak USCG Shooting Range NMS ENVIRONMENTAL MANAGEMENT, NC 1206 EAST FIREWEED LANE, SUITE N201 ANCHORAGE, ALASKA 99503 I WWW.EMI-ALASKA.COM ENVIRONMENTAL MANAGEMENT, INC. COmSutnWa Fl4wUAM a mmmis Aa$Nt COM *ANY WHY CHooSE EMI, A SMALL BUSINESS? Passion with Purpose + EMI staff are motivated by our love of the environment. All are cross -trained and of high quality. The combination of our passion with your need focuses our energy and delivers impactful results. Custom Approach + Rather than the "one size fits ail" offered by many larger companies, EMI gets to know you, our client, evaluates your needs, and develops a solution responsive to your particular situation. Flexibility and Less Bureaucracy + EMI is a trusted resource for many of our clients who contact us needing quick, adaptable, and thorough outcomes. We are not hindered by the varied approval steps and lead times of the larger companies. We are nimble and can adapt to changing conditions or task orders. Active Listening and Creativity EMI believes that a valuable part of our client relationship is the response loop, allowing for timely two-way individualized communication. We encourage feedback and use it to observe developing preferences, influence the scope of services, and to build creative solutions. EMI has reviewed the requirements outlined in the ITB and accepts and is willing to comply with all provisions. We also acknowledge receipt of Appendix A—Bid Form, Appendix B—Professional Services Agreement, Appendix C— Drawings, and Addenda 1, 2, 3, and 4—Question Submittal Responses. Further, we will comply with all Federal, State, and Local laws and regulations, including employment practices with regard to women and minorities, and can provide our Certificate of insurance upon Notification of Award. As a managing member of EMI, I have the authority to bind the firm. There is no perceived or potential conflict of interest in providing services associated with this project. EMI has the same end goals for all its projects and clients—A Cleaner and Safer Tomorrow, while helping our clients operate as efficiently as possible. We look forward to partnering with Kodiak Island Borough in order to effectively and thoroughly address the Hazardous Materials Surveys and Phase I and Limited Phase II ESA concerns. Ugonik Say Cook Inlet Processing Regards, Site Choracterrza tion Shayla Marshall Vice President Consulting ITS Environmental Assessment of Mental Health Facilities April 22, 2022 Kodiak Island Borough, Kodiak, Alaska Page ii EMI Proposal 64551 r L AAENVIRONMENTAL MANAGEMENT, INC. TRGNJMK' I A !SH{ COM#AMT DESCRIPTION OF METHODS EMI has earned a reliable reputation for our Hazardous Materials Surveys and Phase I and II Environmental Site Assessments over the past thirty years. We understand the nuances of the current regulations as they apply to Alaska and have been able to adapt to our client's specific needs with detailed and understandable results and recommendations, always remembering that our goal is to restore the communities that we partner with and serve. As understood from the Invitation to Bid (ITB), the project entails a Hazardous Materials Survey (HMS) and ASTM Phase I and Limited Phase 11 Environmental Site Assessments (ESAs) of three buildings located on the Kodiak Island Borough (KIB) Mental Health site at 717 Rezanof Drive, Kodiak, Alaska 99615. The ITB specifies that the HMS requires a visual assessment of the buildings for asbestos containing material (ACM), bulk sampling of suspected ACM, testing of representative painted surfaces for lead-based paint (LBP), bulk soil sampling for lead in soil analysis, and documentation of any other regulated building material. The ITB specifies that the Phase I ESA should include a comprehensive review of records, historical land use and permits, interviews, and a review of historical maps and photography in order to determine potential recognized environmental conditions (RECS). Further, the ITB requests a Limited Phase II ESA to confirm the presence/absence of an old unregulated underground storage tank (UST), and if present, an assessment of the size and location of the UST. Below outlines EMI's approach to deliver the requested scope. PROJECT KICKOFF Upon receiving a Notice to Proceed, EMI will schedule a project initiation conference call/meeting with the assigned KIB Project Manager. Prior to the meeting, we will review the ITB supplied drawings of the Mental Health buildings in order to familiarize ourselves with their configuration and components, Kodfok UAA HEMS especially those with the most potential to contain hazardous materials. We will then use the discussion to gain a better understanding of KIB's needs and priorities, with the intent of detailing out and agreeing upon the necessary survey and assessment services and their subsequent required timeline. Additionally, we will request any previous survey and assessment documentation on the buildings, plus any supplementary information or concerns, especially those pertaining to asbestos, lead, and the unregulated UST. All work will be conducted by an Environmental Professional per ASTM Practice E1527-13, an EPA Housing and Urban Development (HUD) Lead Risk Assessor, EPA/AHERA Asbestos Inspector, Hazardous Materials Specialist, and UST Closure Worker. EMI's Project Manager will work with KIB's Project Manager to coordinate contract management, site visits, deliverable timelines and feedback, and invoices. lT8 Environmental Assessment of Mental Health Facilities April 22, 2022 Kodiak Island Borough, Kodiak, Alaska Page 1 EMI Proposal 1*4551 ENVIRONMENTAL MANAGEMENT, INC. C�OHSUCTINf' FNfiAYffMNG 6 lkaNMG � 1 i S N s C Q M �A M� SITE VISIT Prior to the site visit, as stated previously, EMI will study any and all 1(113 -provided documentation, initially while on site, we will rely on KIB site location personnel to provide access to the buildings; however, we will not require a full-time escort. EMI will report to KIB's Project Manager any unusual or hazardous conditions that would impact our ability to execute the full scope of work as soon as they are noted. HAZARDOUS MATERIALS SURVEY To perform the comprehensive HMS, EMI will perform a baseline asbestos survey on the interiors and exteriors of the three buildings, including the roofs. We will also conduct a lead-based paint survey on the various painting combinations, in addition to inventorying other hazardous and regulated materials, including but not limited to, polychlorinated biphenyl (PCB) containing light ballasts, mercury containing light bulbs and thermostats, radioactive exit signs and smoke detectors, and backup batteries for 1 emergency lighting. For the baseline asbestos survey, EMI will use Asbestos Building Inspectors certified in accordance with the Asbestos Hazard Emergency Response Act (AHERA) 40 Code of Federal Regulation (CFR) 763 Subpart E. We will conduct the survey following ASTM 2356, as applicable to baseline surveys, by walking through the building's functional spaces and accessing the building materials for their potential to contain asbestos. Once we have generated a list of suspect materials, we will collect representative bulk samples of each material at the frequencies outlined in 40 CFR 763.86. To minimize their potential of fiber releases during collection, we will use the work practices and engineering controls outlined by OSHA's Asbestos standard 29 CFR 1926.1.101, as related to Class III asbestos Kod+akFirst NatronalBank. 48Ms operations. We will then secure the samples in appropriate containers and list them on a chain -of -custody before transferring them to a laboratory accredited through the National Voluntary Laboratory Accreditation Program (NVLAP). Finally, all samples will be analyzed via polarized light microscopy (PLM), with point -counting to be performed on any with asbestos contents less than 10%. .. For the lead-based paint survey, EMI will use a Lead Risk Assessor certified in accordance with the EPA and U.S. Department of Housing and Urban Development (HUD). We will use an x-ray florescence instrument (XRF) to collect real-time quantitative data on the presence or absence of lead within the various painting combinations associated with the buildings. The XRF is approved by both EPA and HUD for conducting lead-based paint surveys on residential buildings and child occupied facilities. The survey will assess all accessible painting combinations of the building's interiors and exteriors. l ITB Environmental Assessment of Mental Health Facilities April 22, 2022 Kodiak Island Borough, Kodiak, A€aska Page 2 EMI Proposal #4551 AAENVIRONMENTAL MANAGEMENT, INC. LOINS -i1 .FAK.WffRWGA 076lkWG A {SRC COMPANY In accordance with Chapter 7 of HUD's Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing (2012 Edition), we will test each combination within the various room equivalents of each unit, collecting the XRF readings at the frequencies outlined in the HUD Guidelines; however, the Risk Assessor may increase or decrease sampling frequencies based on their professional judgement and the on-site observations. Additionally, we will collect soil samples in the vicinities of the apartment buildings. The sample and subsample locations will be based on the criteria outlined in Chapter 5 of the HUD Guidelines. For the other hazardous and regulated materials survey, EMI will perform a simple inventory of any polychlorinated biphenyl (PCB) containing light ballasts, mercury containing light bulbs and thermostats, radioactive exit signs and smoke detectors, and backup batteries for emergency lighting. This listing if not limited to these items and may include other materials as observed on-site. PHASE I ENVIRONMENTAL SITE ASSESSMENT To perform the ASTM Phase I ESA, EMI will first conduct a preliminary Phase I ESA records review. We have found that this footwork prior to site reconnaissance allows us to be better prepared for site conditions and, specific to this 136, to determine the most beneficial locations for the Limited Phase II ESA investigation of the old unregulated UST. The preliminary records review will include environmental records, historical records using aerial photography, and any previous reports. Upon identifying any concerns, we will communicate with KIB and discuss how they will affect the project approach. We will use Environmental Risk Information Services (ERIS) to provide the environmental records Kodiak Private Client Phase IESA review and aerial photography. Second, EMI will perform the Phase I ESA site reconnaissance during the project site visit. The objective will be to identify any RECs, as defined by ASTM. We will conduct a visual assessment of both the site and all adjacent parcels, photograph the observations, and document on a site plan the approximate locations where we identify any RECs. Finally, EMI will complete the records review and conduct any needed interviews. The interviews may include present owners and occupants, neighbors, and state and/or local government officials. The Phase I ESA will be conducted in accordance with ASTM 1527-21 and by or under the oversight of an Environmental Professional as defined in ASTM 1527-21. LIMITED PHASE II ENVIRONMENTAL SITE ASSESSMENT To perform the Limited Phase 11 ESA, EMI will investigate the presence or absence of the old unregulated UST. We understand from KIB that the vent pipe is still present and visible. Therefore, EMI will first use a magnetometer to determine if there is buried material in the vicinity of the vent pipe. If we are able to identify metallic buried material, we C&Tesoro UST Removal and Closure ITB Environmental Assessment of Mental Health Facilities April 22, 2022 Kodiak Island Borough, Kodiak, Alaska Page 3 EMI Proposal 114551 ENVIRONMENTAL MANAGEMENT, INC. CGNSC nW1 F7dG4SFFMWd MYNA 4 i n a. (i F, C w ba Hr 1 will use shovels and/or rebar to pothole in the vicinity to confirm if the magnetic anomalies are consistent with a tank and then use pin flags or lathes to demarcate the approximate extent. In addition, if the fill pipe is accessible and able to be safely opened, EMI will use a metal tape measurer and fuel putty to determine the tank's total depth and, if possible, the content's volume. Finally, we will collect swing ties to further document the location of the tank's estimated footprint. Based on the ITB, EMI understands no soil sampling or tank removal will be conducted under this scope; however, EMI has certified LIST Closure Workers per 18 AAC 78 and Qualified Environmental Professionals per 18 AAC 75.333 and can also provide these services, if requested. REPORTING EMI will provide two reports—one to document the HMS summary characterization and the other to include the Phase I and Limited Phase 11 ESA findings. The HMS report will include a discussion on the characterization of any ACM based on NESHAP 40 CFR 61.145. Their condition, use, and potential to be rendered friable during the course of demolition will be characterized as either RACM, Category I non -friable ACM, or Category li non -friable ACM. Each of these classifications have their own demolition regulatory requirements within the NESHAP regulation, and the report will address these unique to each identified ACM. Kodiak AKNotional Guard SPCC Plans and Ceruftotion The Phase I and Limited Phase 11 ESA report will be combined and will describe the historical records review, regulatory records review, interviews, and site reconnaissance. It will detail any findings, data gaps, and provide a site conclusion. Additionally, it will include locational and topographic maps, a site reconnaissance photo log, ERIS reports, and interview questionnaires as appendices. If the UST is encountered, the report will also incorporate the additional information on the location and estimated size of the tank. SUMMARY Kodiak First National Bank Roof View - ABMS EMI stands by our motto—A Cleaner and Safer Tomorrow. We appreciate the opportunity to present our Invitation to Bid and look forward to partnering with the Kodiak Island Borough. We feel we offer comprehensive and responsive answers to your needs that are simultaneously respective of both the environment and the community, and which in turn will become a lasting legacy for you, our client. L ITS Environmental Assessment of Mental Health Facilities April 22, 2022 Kodiak Island Borough, Kodiak, Alaska Page 4 EMI Proposal #4551 ENVIRONMENTAL AAMANAGEMENT, INC. .OIfSUinh'C. FI+C�M1fERfMGd �NGr A /LMC COMPANY Ugonik Say took inlet Processing Site Characterization ATTACHMENT BID FORM ITB Environmental Assessment of Mental Health Facilities April 22, 2022 Kodiak Island Borough, Kodiak, Alaska Appendix EMl Proposal #4551 APPENDIX A BID FORM Company Name Environmental Management Inc. Representative Name Shayia Marshall Title Vice President Consulting Address 206 East Fireweed Lane, Suite 201 City Anchorage State AK Zip Code 99503 Phone Number (907) 272-9336 Email address smarshall@emi-alaska.com Total cost of environmental assessment and items outlined in the Scope of Work for the Kodiak Island Borough Meatal Health Facilities (PKICC) located at 717 Rezanof Dr, Kodiak, AK 99615: (if differences exist between the written and printed form, the written fon-n shall prevail) Twenty-one thousand, three hundred forty-two and none dollars (written) $21,342.00 (printed) Bidder is required to acknowledge receipt of all addenda. Provide the number and date of each. Attach additional sheets if necessary. Addendum Number Date Addendum 1 4/14/2022 Addendum 2 Addendum 3 4/15/2022 4/1612022 Addendum 4 4/21/2022 I have read and understand the requirements of this Invitation to Bid and agree to comply except as noted below: None Submitted by:Date: (Signature of individual listed above) Appendix A: Bid Form Environmental Assessment for Kodiak Island Borough Mental Health Facilities Page 7 of 19 ld J �� , -. � _�_ ..� fir' .. ,.,. 1 �c� r'�i-�►�y '� . i �_' ��",�— �- _ - �e� �'�s-moi � •i•� I. Si'�'� - � -,�r'T. -. - 7 �'�• 's ti —•.'�"-��. `��'�e ,a.� _• iii' 2 y, R'� •_' •�r" ��Www•�... `.+� .,+ i� ll� -} ' - s R Y' V' n fi Environmental Management, Inc. 206 Easf Fireweed Lane, 5uife 201 Anchorage, Alaska 99503 Phone: 907-272-9336 -'-. Fax: 907-272-4159 \ Aoki www.erni-alaska.com d� R ld J