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FY2024-32 2024 Landfill/LTP Surface Water Monitoring Report with Jacobs EngineeringCONTRACT TRANSMITTAL FORM RETENTION SCHEDULE: CL -09 CONTRACTS Records related to obligations under contracts, leases, and other agreements between the borough and outside parties, successful bids, and proposals. Each department maintains the file while the contract is active. once inactive, retain procurements for another 4 years and retain contracts, leases, or agreements involving real property for another 11 years. DEPARTMENT: Engineering and Facilities CONTRACT NO.: FY2024-32 CONTRACT TITLE: CONTACT PERSON: Patricia Valerlo 2024 Landfill/LTP Surface Water Monitoring Report VENDOR OR SERVICE PROVIDER: Jacobs Engineering Administrative contracts are contracts approved by the manager within the spending authority allowed by code. Assembly approved contracts are beyond the manager's spending authority and require approval by the Assembly during a meeting. APPROVED BY: MANAGERO ASSEMBLY O TYPE OF CONTRACT: Procurement EXTENSION OPTIONS: N/A EXPIRATION DATE: DATE OF APPROVAL: 4/9/24 PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs): 4/9/2028 OR PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs): If there's no expiration date, give the process on how or when this record should be purged or flagged for review. Added Purge Date - Its a procurement of a report. FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, OR IS A CHANGE ORDER TO A CONTRACT CATEGORY: Select Category APPROVED BY: MANAGER O ASSEMBLY O DATE OF APPROVAL: TYPE OF CONTRACT: Procurement EXTENSION OPTIONS: EXPIRATION DATE: PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs): OR PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs): If there's no expiration date, give the process on how or when this record should be purged or flagged for review. \\dove\borough\CL\U - RECORDS\FORMS\contract transmittal form NJ.docx Rev. 12/23 Contract FY2024-32 : ,acobs Dave Conrad Director, Engineering and Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 March 29, 2024 Subject: 2024 Surface Water Monitoring Support Dear Dave: Jacobs 949 E. 36th Avenue, Suite 500 Anchorage, AK 99508 Tel 907.762.1500 Fax 907.257.2000 Jacobs Engineering Group Inc. (Jacobs), is pleased to submit this proposal for Kodiak Island Borough (KIB) landfill - related services in support of surface water monitoring reports and ongoing compliance support. Below is a more detailed description of the tasks: 1) Support of Surface Water Monitoring Reports (Spring and Fall events, 2024): Jacobs will provide support for surface water monitoring reporting for both spring and fall surface water sampling events by: a) Reviewing the analytical data from the lab, supporting coordination of any necessary corrections with KIB's laboratory, and providing a Data Quality Evaluation and ADEC data review checklist. b) Providing minor figure updates, if necessary. c) Review of Mann -Kendall analysis results (analysis conducted by Jena Hassinger, using tool provided by Jacobs). d) Maintaining the data warehouse by updating with 2024 electronic data and using the warehouse to provide current and historical data tables for the report. Any updates to surface water quality standards can also be incorporated in the warehouse for accurate identification of "exceedances." Assumptions: KIB will be the primary author of the main text, and will manage editing, final assembly, and delivery of the monitoring reports to ADEC. KIB will also incorporate new data into the Mann -Kendall excel tool. Deliverables: • Data Quality Review (draft and final) • Revised Figure 1 (if needed), in pdf format (up to 2 revisions per report) • Comprehensive historical tables and/or current data tables in Excel, formatted for print to pdf 2) Ongoing Compliance Support Jacobs proposes this budget to respond to minor compliance questions and issues related to landfill monitoring, design, and operations as they may arise. Support tasks may include responding to KIB's (or ADEC's) questions by locating and providing information from historical KIB documents (historical data in the data warehouse, plans, reports, meeting notes, and correspondence) and regulatory codes and guidance. This task may include meetings with KIB, ADEC, laboratory (for issues not directly related to surface water monitoring under Task 1), and Jacobs staff (via teleconference, no travel is expected). This task is not intended to provide funding for new, independent tasks, but may support limited, high-level scoping of new tasks. JACOBS ENGINEERING GROUP INC. - CONFIDENTIAL AND PROPRIETARY INFORMATION .;acobs Jacobs 949 E. 36th Avenue, Suite 500 Anchorage, AK 99508 Tel 907.762.1500 Fax 907.257.2000 Assumptions: Rough estimate of two hours total for Cory Hinds, six for Berney Kidd and one hour per month for Stacey Kehne for remainder of 2024. Actual support hours per month will vary based on KIB needs. Any budget remaining after task 1 is completed may also be used for ongoing compliance support. Deliverables: If meetings are held (with KIB and/or ADEC or others), Jacobs will provide electronic meeting notes (email or Word format) to document discussions and action items. We propose to complete this work on a time and materials basis, in accordance with the terms and conditions in the attached Agreement for Professional Services, dated March 29, 2024 (Attachment 1). Rates for Jacobs staff categories who will support the above tasks is provided in Attachment 2. The estimated total price for these tasks is $13,746. For clarification purposes, Jacobs Engineering Group Inc. (an affiliate of CH2M HILL Engineers, Inc.) is the applicable Jacobs legal entity to receive the award based on this proposal. This proposal is valid for 60 days. If you have any questions about this, please contact me at (907) 440-7662. Sincerely, Jacobs Engineering Group, Inc. Stacey Kehne Josh Lawson Project Manager Manager of Projects JACOBS ENGINEERING GROUP INC. - CONFIDENTIAL AND PROPRIETARY INFORMATION :,acobs STANDARD AGREEMENT FOR PROFESSIONAL SERVICES JACOB'S OFFICE ADDRESS: 949 E. 36th Avenue, Suite 500, Anchorage, AK 99517 JACOB'S PROJECT NO.: TBD PROJECT NAME: 2024 Surface Water Monitoring Support CLIENT: Kodiak Island Borough CLIENT'S ADDRESS: 710 Mill Bay Road, Kodiak, AK 99615 CLIENT requests and authorizes Jacobs Engineering Group Inc.. (hereinafter "CONSULTANT") to perform the following Services: CONSULTANT in support of the Client shall provide Engineering/Consulting services at the request of the Client and in accordance with CONSULTANT's Proposal dated March 29, 2024 , attached hereto. Compensation Compensation by CLIENT to CONSULTANT will be on the basis of time and materials. It is not expected that subcontractors or expenses will be needed for this support, but in case they are, markup on subcontracts and direct expenses will be as proposed in the attached Provisions. The total estimated cost shall not exceed the amount shown in the attached letter proposal without agreement and authorization by both parties. Invoices will be provided monthly. CONSULTANT agrees not to incur costs in excess any Not to Exceed value set forth in the proposal without prior approval of the Client. As outlined in the attached Proposal. Other Terms The CONSULTANT Technical Point of Contact for this Agreement shall be: Stacey Kehne The Client Technical Point(s) of Contact for this Agreement shall be: Jena Hassinger Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. CLIENT: di.ta-iL �S�pv.d ;9-wrou Signature " V VI,Lc-t Name (printed) � )Vy'vL.2.e— v -j 6 Title"`` Date 6( A -P VZ-2-q FORM 124 REVISED: 11/09 Jacobs Engineering Group Inc. Signature Name (printed) osh Lawson Title Manager of Projects Date March 29, 2024 PROVISIONS 1. Authorization to Proceed Execution of this AGREEMENT by CLIENT will be authorization for Jacobs Engineering Group (Jacobs) to proceed with the Services, unless otherwise provided for in this AGREEMENT. 2. Salary Costs JACOBS's and its affiliated companies' Salary Costs, when the basis of compensation, are the amount of wages or salaries paid JACOBS employees for work directly performed on the Project plus a percentage applied to all such wages or salaries to cover all payroll -related taxes, payments, premiums, and benefits. 3. Per Diem Rates JACOBS's and its affiliated companies' Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged for work performed on the Project by JACOBS employees. These rates are contained in Exhibit A and are subject to a 4% annual calendar year escalation/adjustment. 4. Subcontracts and Direct Expenses When Services are performed on a cost reimbursement basis, a markup of _10_ percent will be applied to subcontracts and outside services and a markup of _0_ percent will be applied to Direct Expenses. For purposes of this AGREEMENT, Direct Expenses are defined to include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals, lodging, shipping, equipment and supplies; (2) JACOBS's current standard rate charges for direct use of JACOBS's vehicles, laboratory test and analysis, and certain field equipment; and (3) JACOBS's standard project charges for computing systems, and health and safety requirements of OSHA. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to JACOBS's compensation when invoicing CLIENT. 5. Cost Opinions Any cost opinions or Project economic evaluations provided by JACOBS will be on a basis of experience and judgment, but, since JACOBS has no control over market conditions or bidding procedures, JACOBS cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 6. Standard of Care The standard of care applicable to JACOBS's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time JACOBS's services are performed. JACOBS will re- perform any services not meeting this standard without additional compensation. 7. Termination This AGREEMENT may be terminated for convenience on 30 days written notice or if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, JACOBS will be paid for all authorized work performed up to the termination date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. 8. Payment to JACOBS Monthly invoices will be issued by JACOBS for all Services performed under this AGREEMENT. CLIENT shall pay each invoice within 30 days. Interest at a rate of 1-1/2 percent per month will be charged on all past -due amounts. In the event of a disputed billing, only that disputed portion will be withheld from payment, and the undisputed portion will be paid. CLIENT will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until mutually resolved. FORM 124 REVISED: 11/09 9. Limitation of Liability JACOBS's liability for CLIENT's damages will, in the aggregate, not exceed the value of the Services. This Provision takes precedence over any conflicting Provision of this AGREEMENT or any document incorporated into it or referenced by it. In no event shall JACOBS, its affiliated corporations, officers, employees, or any of its subcontractors be liable for any incidental, indirect, special, punitive, economic or consequential damages, including but not limited to loss of revenue or profits, suffered or incurred by CLIENT or any of its agents, including other contractors engaged at the project site, as a result of this Agreement or JACOBS's performance or non-performance of services pursuant to this Agreement. Limitations of liability provided herein will apply whether JACOBS's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability; or any other cause of action, and shall include JACOBS's officers, affiliated corporations, employees, and subcontractors. 10. Severability and Survival If any of the provisions contained in this AGREEMENT are held illegal, invalid or unenforceable, the other provisions shall remain in full effect. Limitations of liability shall survive termination of this AGREEMENT for any cause. 11. No Third Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than CLIENT and JACOBS and has no third party beneficiaries except as provided in Provision 10. 12. Materials and Samples Any items, substances, materials, or samples removed from the Project site for testing, analysis, or other evaluation will be returned to the Project site unless agreed to otherwise. CLIENT recognizes and agrees that JACOBS is acting as a bailee and at no time assumes title to said items, substances, materials, or samples. CLIENT recognizes that JACOBS assumes no risk and/or liability for a waste or hazardous waste site originated by other than JACOBS. 13. Assignments Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. 14. Integration This AGREEMENT incorporates all previous communications and negotiations and constitutes the entire agreement of the parties. If CLIENT issues a Purchase Order in conjunction with performance of the Services, general or standard terms and conditions on the Purchase Order do not apply to this AGREEMENT. 15. Force Majeure If performance of the Services is affected by causes beyond JACOBS's reasonable control, project schedule and compensation shall be equitably adjusted. 16. Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 17. Changes CLIENT may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect JACOBS's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 18. Indemnification JACOBS agrees to indemnify CLIENT for any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of JACOBS, JACOBS's employees, affiliated corporations, and subcontractors in connection with the Project. CLIENT agrees to indemnify JACOBS from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of CLIENT, or its employees or contractors in connection with the Project. 19. Reuse of Project Documents All reports, drawings, specifications, documents, and other deliverables of JACOBS, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. CLIENT agrees to indemnify JACOBS and its officers, employees, subcontractors and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized reuse, change or alteration of these Project documents. 20. Client -Furnished Data CLIENT will provide to JACOBS all data in CLIENT's possession relating to JACOBS's services on the Project. JACOBS will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CLIENT. 21. Ownership of Work Product and Inventions All of the work product of JACOBS in executing the Services shall remain the property of JACOBS. CLIENT shall receive a perpetual, royalty -free, non -transferable, non-exclusive license to use the deliverables for the purpose for which they were intended. Any inventions, patents, copyrights, computer software, or other intellectual property developed during the course of, or as a result of, the Services shall remain the property of JACOBS. Attachment 2 - 2024 Labor Rates Labor Category/Description 2024 Hourly Principal Engineer/Scientist/Specialist $208.00 Senior Engineer/Scientist/Specialist $204.00 Associate Engineer/Scientist/Specialist $181.00 Staff Engineer/Scientist/Specialist $141.00 Technician III $113.00 Technician II $107.00 Technician 1 $102.00 Office/Administration/Accounting $85.00