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FY2025-41 Mental Health Bldgs Construction Administration Fees with Jensen Yorba WallCONTRACTS 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. Active records are kept by the corresponding department. Apply retention (plus 4 years) once contract or agreement expires, or once product is procured. Apply retention (plus 25 years) for agreements that involve real property. 01/06/25 P. Valerio Engineering & Fac DATE: TRANSMITTED BY: DEPT: CONTRACT NO.: FY 2025-41 VENDOR OR PROVIDER: Jensen Yorba Wall CONTRACT TITLE: Mental Health Bldgs Construction Administration Fees Administrative contracts are contracts approved by the manager that are 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: Administrator DATE OF APPROVAL: 01/03/25 TYPE OF CONTRACT: Contract PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW: EXPIRATION DATE: PURGE DATE: If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the process below on how or when it should be flagged for review. None - Through life of project. Are all relevant attachments, exhibits, referenced documents attached to the contract?0✓ Are the successful bids and proposals incorporated in the contract? 0✓ N/A FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, IS A CHANGE ORDER TO A CONTRACT, OR IS AN ADDENDUM TO A CONTRACT DATE: REQUESTED BY: CONTRACT NO.: FY CATEGORY: Select One APPROVED BY: Select One TYPE OF CONTRACT: Select One PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW: EXPIRATION DATE: PURGE DATE: If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the process below on how or when it should be flagged for review. Rev. 11/08/2024 Contract FY2025-41 Jensen Yorba Wall Inc. 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 Date: December 18, 2024 To: Dave Conrad, KIB From: Corey Wall Re: KIB Mental Health Apartments Renovation (JYW No. 24027) Demo & Abatement Construction Administration Scope & Fee The attached fee proposal is for CA services for the demo and abatement phase of the project. The CA work will be billed Time and Materials. Project Scope The proposal assumes that KIB will perform the majority of the on-site observations and most of the day-to-day Construction Administration. JYW and our abatement engineers Environmental Management, Inc will assist with technical responses and submittal reviews. We are always happy to provide additional services if requested. The proposal includes two site visits by JYW—one towards the beginning of the project and one at Substantial Completion. The proposal also includes a single site visit by EMI, if required. Please see the attached information from EMI for additional details. Acceptance: Kodiak)sland Borough Ait'I'iee Williams, Boro Date: VFW Nova M. Javier, B Attest Jensen YorbaWall Corey Wall, Vice President Date: 1.2.2025 Jensen Yorba Wall Architecture Interior Design Construction Management page 1 of 1 DESIGN SERVICES PROPOSAL DEMO & ABATEMENT CONSTRUCTION ADMINISTRATION SERVICES Project: KIB Mental Health Apartments Renovation JYW Project No.: 24037 Jensen Yorba Wall Inc. STAFF: " �) Architect Interior Design Zonstruction Manage Drafter Exec A Cler A ACC TOTAL PMgr A -III A-11 A -I Int III Int II ID -III ID -II ID -1 CM -III CM -11 CM -I D-11 Int I EA CA A Structural Engineering $193 $147 1 $131 1 $120 1 $100 $90 1 $159 1 $121 1 $90 $159 1 $131 $100 $108 $70 $84 1 $42 $85 Mechanical Engineering AKLH1 I ILL I UKt: Project Management Conformed Documents Pre -Construction Conf Submittal Review RFIs/RFPs/CO'S Field Ob & Report 1 @ 16 hours Notice of Deficencies Substantial Compl & Report 1 @ 16 hours Final Completion & Report 1 @ 16 hours As Built Drawings Subtotal Hours Subtotal Dollars $ Subtotal Demo Construction Administration Services LABOR Subtotal Demo Construction Administration Services REIMBURSABLES TOTAL DEMO CONSTRUCTION ADMINISTRATION SERVICES FE KIB Mental Health Apts FEE -25 Demo CA 1 12/18/2024 Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Hazardous Materials Engineering $5,097 Landscape Architecture Subtotal $5,097 Overhead/Profit 10% $510 Consultants Total Labor $5,606 KIB Mental Health Apts FEE -25 Demo CA 1 12/18/2024 AAENVIRONMENTAL MANAGEMENT, INC. CONSULTING, ENGINEERING& TRAINING I A BSNC COMPANY December 18, 2024 Jensen Yorba Wall, Inc. Architect Department 522 West Tenth Street Juneau, AK 99801 Attn: Corey Wall SUBJECT: Kodiak Island Borough Mental Health Apartments REF: Proposal for Construction Administration Services Environmental Management, Inc. (EMI) is pleased to provide Jensen Yorba Wall, Inc. with this proposal to provide construction administration services during the course of the abatement and renovation at the Kodiak Island Borough Mental Health Apartments. Services to be provided include submittal review, response to request for information (RFI) inquiries, attendance at multiple project meetings and site visits on an as -needed basis. EMI will provide these services on a time and expense basis in accordance with our attached fee schedule. The majority, if not all work, will be performed at the senior project manager level. The following presents the estimated level of effort for each of the services to be provided. Task Estimated Hours Hourly Rate Total Estimated Fees Submittal Reviews 4 $168.14 $672.56 RFI Responses 2 $168.14 $336.28 Project Meetings 4 $168.14 $672.56 Site Visits 16 $168.14 $2,690.24 Travel and Expenses $725.00 [Total Estimated Fees $5,096.64 The following conditions apply to these estimates: • Costs assume two rounds of submittal review, an initial review and a secondary review following response to initial comments. • Costs assumes up to four one-hour meetings, including preparation time, during the course of the project. • A site visit is not anticipated, however estimated costs for a single site visit have been provided. This estimated cost assumes overnight accommodation will be required due to Alaska Airlines current flight schedule. If additional site visits are required, additional fees will apply. • Travel time is included in the estimated hours for site visits. ENVIRONMENTAL MANAGEMENT, INC. 1 3301C STREET, SUITE 200, ANCHORAGE, ALASKA 99503 1 WWW.EMI-ALASKA.COM CONSULTING 907-272-9336 1 TRAINING 907-272-8852 1 FAX 907-272-4159 Page 2 1 EMI Proposal #4937 We appreciate the opportunity to provide you with this proposal. If you have any questions or would like to discuss this project further, please do not hesitate to contact the undersigned at (907) 272-9336. If you wish to proceed with our services, please issue a Notice to Proceed that acknowledges our attached terms and conditions. Sincerely, ENVIRONMENTAL MANAGEMENT, C. Glenn Hasburgh Operations Manager Attached: EMI Fee Schedule EMI Terms and Conditions ENVIRONMENTAL MANAGEMENT, INC. 13301 C STREET, SUITE 200, ANCHORAGE, ALASKA 99503 1 WWW.EMI-ALASKA.COM CONSULTING 907-272-9336 1 TRAINING 907-272-8852 1 FAX 907-272-4159 7DESCRIPTI■ ON HOURLY RATE Operations Manager ................................................................--_...................................................................................................................................................................................................................................................... $168.14 Project Manager Senior ---- -- -- - - - - ---- - -- -- -- - -- --- -- -- -- - ------------------------------------------------------------------------------------------------------------------------------------ $168.14 -------------------------------------------------------------------------------------------- Environmental Health and Safety Manager ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ $168.14 ------------------------------------------------------------------------------------------- Engineer Senior ..................................................................................................................................................................................................................................... $164.75 ...................................................................... ............ Program Manager Senior .................................................................................................................................................................................................................................... $164.75 ............................................................................................ Safety Specialist .................................................................................................................................................................................................................................... $149.66 ............................................................................................ Business Manager ..................................................................................................................................................................................................................................... $120.22 ............................................................................................ Technical Writer $120.22 .......................................................... ----..................................................................................................................................................................... Project Manager .................................................................................................................................................................................................................................... .......................................................... ..................... $98.08 ............................................................................................ Qualified Environmental Professional ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $98.08 ------------------------------------------------------------------------------------------- Asbestos/HBMS Inspector ..... --------------------------------........ ----------.....................................................................................................................................----------................................................. $98.08 Lead Risk Assessor $98.08 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Environmental Scientist $98.08 .................................................................................................................................................................................................................................... Engineer Junior ................................................................................................................................................................................................................................................................................................................................ ............................................................................................ $88.78 GIS Technician $88.78 ..................................................................................................................................................................................................................................... Geologist ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ............................................................................................ $81.27 Qualified Sampler $81.27 ENVIRONMENTAL MANAGEMENT, INC. 13301 C STREET, SUITE #200, ANCHORAGE, ALASKA 99503 1 WWW.EMI-ALASKA.COM CONSULTING 907-272-9336 1 TRAINING 907-272-8852 1 FAX 907-272-4159 Lab fees, travel related costs, rental materials and equipment, and other direct costs for a project will be invoiced at our cost plus 15%. Per diem is billed at the Federal Per Diem listed in the current JTR for the project locale, unless other rates are specified in the contract. ENVIRONMENTAL MANAGEMENT, INC. 13301 C STREET, SUITE #200, ANCHORAGE, ALASKA 99503 1 WWW.EMI-ALASKA.COM CONSULTING 907-272-9336 1 TRAINING 907-272-8852 1 FAX 907-272-4159 General Terms and Conditions This document ("Terms"), together with the agreed upon proposal terms ("Proposal"), constitutes the Terms and Conditions for the entire agreement ("Agreement") between Environmental Management, Inc. ("EMI") and Client. Collectively known as Parties and individually known as Party. By accepting the Proposal, the Parties each agree to be bound by these Terms. 1. Term. The term of this Agreement will start on the effective date listed on the Proposal and continue until terminated by the Parties. 2. Standard of Care. Services performed by EMI will be conducted in a manner consistent with the same level of care and skill ordinarily exercised by other professionals practicing contemporaneously, under similar conditions, in the same locality, for similar services ("Standard of Care"). EMI possesses the required skill, experience, and qualifications to perform the requirements under this Agreement and shall devote sufficient resources to ensure that the tasks are performed promptly and reliably. Work quality is deemed accepted upon receipt of payment. 3. Data and Information. Before the commencement of services by EMI or its subcontractors, and continuing thereafter, Client shall promptly furnish to EMI all documents and information known to Client that relate to past or existing conditions of the site and surrounding area, including the identity, location, quantity, nature, or characteristics of any hazardous materials or suspected hazardous materials or subterranean utilities, or any other information related to the project that EMI may reasonably request ("Project Information"). EMI may rely on such information and documents. EMI assumes no responsibility or liability for the accuracy or completeness of the Project Information. 4. Right of Entry. Client will provide for the right of entry for EMI, its subcontractors, and all necessary equipment in order to complete the services under this Agreement. If Client doesn't own the site, Client shall obtain permission and execute any required documents for EMI to enter the site and perform services. It is understood by Client that on the normal course of work, some surface damage may occur, the restoration of which is not part of this Agreement. 5. Control of Work and Job -Site Safety. EMI shall be responsible for its activities and that of its employees and subcontractors. EMI's services under this Agreement are performed for the sole benefit of the Client, and there shall be no third -party beneficiaries. EMI is an independent contractor, and EMI will not direct, supervise, or control the work of other consultants and contractors or their subcontractors. EMI is responsible for the health and safety of its employees and subcontractors. Nothing herein shall be construed to relieve Client or any other consultants or contractors from their responsibilities for maintaining a safe job site. 6. Invoicing and Payment. EMI shall invoice Client in arrears for services performed in the previous month at the end of each month. Client shall notify EMI within ten (10) days of receiving an invoice of any dispute with the invoice. If no notice is received within ten (10) days, then the invoice shall be considered correct and undisputed. Payment is due within thirty (30) days of receipt of an undisputed invoice. If payment is not received within thirty (30) days of receipt of an undisputed invoice, then interest will accrue at a rate of 1.5% or such rate as the law allows. 7. Changes. EMI and Client recognize that modifying the scope of services, schedule, and/or cost estimate proposed in this Agreement may be necessary. To the extent such modifications change the services, schedule, and/or the cost, the Parties shall mutually agree upon an equitable adjustment as appropriate under the circumstances. EMI has no obligation to perform any additional services not included in its Proposal unless and until the Parties mutually agree upon the equitable adjustment in writing. S. Subsurface Risks. Special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program implemented in accordance with the professional Standard of Care may fail to detect certain conditions. The environmental, geological, geotechnical, geochemical, hydrogeological, and other conditions that EMI interprets to exist between sampling points may differ from those that actually exist. Furthermore, Client recognizes that the passage of time, natural occurrences, and direct or indirect human intervention at or near the site may substantially alter discovered conditions. Subsurface sampling may result in damage or injury to unknown underground structures or utilities and unavoidable contamination of certain subsurface areas not known to be previously contaminated, such as, but not limited to, a geologic Page 1 formation, the groundwater, or other hydrous body. EMI will adhere to the Standard of Care during the conduct of any subsurface investigation. When the services include subsurface sampling, Client waives any claim against EMI and agrees to defend, indemnify, and hold EMI harmless from any claim or liability for injury, loss, or expense (including but not limited to reasonable legal fees) that may arise as a result of cross -contamination caused by any subsurface investigation or any damage or injury to unknown underground structure, formation, body, or utilities. 9. Independent Judgment of EMI. If the services include the collection of samples and data, then EMI's obligation to perform those services is subject to Client's assumption of all Subsurface Risks. EMI will not be responsible for the independent conclusions, interpretations, interpolations, or decisions of Client or others relating to the services. Under no circumstances do EMI's services include making any recommendation or giving any advice as to whether Client should or should not proceed with any transaction regarding any site related to the services. Client assumes all responsibility and risk associated with decisions based on the services. 10. Disposal of Samples, Materials, and Contaminated Equipment. All samples obtained pursuant to this Agreement remain the property and responsibility of Client. Uncontaminated soil and rock samples or other specimens may be disposed of thirty (30) days after submission of the work product due pursuant to the Proposal. Upon written request, EMI will store uncontaminated samples for longer periods of time or transmit the samples to Client for mutually acceptable charge. All contaminated samples and materials (containing or potentially containing hazardous constituents), including, but not limited to, soil cuttings, contaminated purge water, and/or other environmental wastes obtained pursuant to this Agreement, remain the property and responsibility of Client and shall be returned to Client for proper disposal. All laboratory and field equipment that cannot readily and adequately be cleansed of its hazardous contaminants shall become the property and responsibility of Client. All such equipment shall be charged and turned over to Client for proper disposal. Alternate arrangements to assist Client with proper disposal of such equipment, materials, and samples may be made at Client's direction and expense unless otherwise specified in a separate Agreement or modification to this Agreement. In such event, Client agrees to have a representative available to sign all certifications, manifests, and other documents reasonably required by EMI and associated with transportation, treatment, and disposal, or handling of hazardous substances, waste, or materials from the project property site, and derived from EMI's performance of the services, including investigation derived wastes. If such Client representative is unavailable and EMI is required to execute any such documents on Client's behalf, Client acknowledges that EMI shall be acting only as offeror or agent on behalf of Client. It is understood and agreed that EMI is not and has no responsibility as a handler, generator, operator, treater, storer, arranger, transporter, or disposer of hazardous substances, waste, or materials found or identified at or around the project site property. 11. Delays and Force Maieure. If site or other conditions prevent or inhibit the performance of services or if unrevealed hazardous materials or differing site conditions are encountered, services under the Agreement may be delayed. The schedule and contract completion date shall be extended accordingly, and Client shall pay EMI for services performed to the delay commencement date plus reasonable delay charges. Delay charges shall include personnel and equipment rescheduling and/or reassignment adjustments and all other related costs incurred, including but not limited to labor and material escalation and extended overhead costs attributable to such deals. Client shall not hold EMI responsible for damages or delays in performance caused by acts or omissions of Client, its subcontractors, site conditions, or conditions related to unrevealed hazardous materials that prevent or inhibit performance of services. Neither Party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, such as; (a) acts of God or of a public enemy; (b) acts of Government; (c) fires; (d) floods; (e) epidemics and pandemics; (f) quarantine restrictions; (g) strikes; (h) freight embargoes; and, (i) unusually severe weather. In the event of any such delays, then the Party whose performance is delayed or impaired by such conditions shall give prompt written notice to the other Party as to the nature and anticipated extent of the delay or impairment. EMI shall not be liable, monetarily or otherwise, for any damages related to a delay caused by a force majeure event. 12. Termination. Either Party may terminate this Agreement at will for any reason or no reason with a twenty (20) day advanced written notice to the other Party. Written notice may be either hand -delivered or mailed to the last known address of the other Party. Unless otherwise provided, if the Agreement is terminated, EMI shall be entitled to payment for the work performed up to the notice of termination or effective date of termination. Page 2 13. Disputes. Any controversy, claim, or disagreement arising out of or relating to this Agreement shall be referred to senior management of each Party for a resolution. If the senior management is able to resolve the dispute, such resolution shall be binding on the Parties. In the event the senior management is unable to resolve the dispute within thirty (30) business days or such other period as the Parties may agree upon) or referral, each Party shall have the right to pursue any other rights or remedies that may be available at law or equity. The prevailing party in a dispute shall be entitled to all reasonable costs, including attorneys' fees incurred in pursuing or defending against a claim. 14. Limitation of Liability. In no event shall either Party be liable to the other Party for indirect incidental, special, consequential, or punitive damages of any kind or nature whether alleged to be attributed to the breach of this Agreement, to tort or negligence, or otherwise caused. In no event shall either Party be liable to the other for lost profits resulting from the alleged breach of this Agreement even if, under applicable lase, such lost profits would not be considered consequential or special damages. EMI's total aggregate amount of liability to Client shall be limited to and shall not exceed the total amount paid to EMI under the Agreement. 15. Indemnification. To the fullest extent permitted by law, Client shall defend, indemnify, and hold harmless EMI, its present and future officers, directors, officials, employees, and agents from all claims of any kind whatsoever resulting from negligent or intentional acts or omissions of Client or any employee or agent of Client which in any way relates to this Agreement. This article shall survive the expiration or termination of this Agreement. 16. Assignment. Neither Party shall assign, sell, transfer, or in any way encumber its interest under this Agreement without first obtaining the written consent of the other Party; however, such approved assignment shall not operate as a release of the assigning Party from any obligation hereunder arising prior to the effective date of the assignment. Any impermissible assignment will be void and will not relieve the assigning Party of its obligations under this Agreement. 17. Entire Agreement. This Agreement contains all agreements, representations, and understandings of the Parties hereto and supersedes and replaces any and all previous understandings, commitments, or agreements, oral or written, related to the purpose of this Agreement. This Agreement shall not be amended or modified in any way, nor shall any waiver of any right hereunder be effective unless set forth in writing and signed by both Parties. Client represents and warrants that the individual signing this Agreement is an authorized representative of Client and has the authority to bind the Client. 18. Choice of Law. All questions with respect to the construction, enforcement, and interpretation of this Agreement and the rights and liabilities of the Parties hereto shall be determined in accordance with the laws of the State of Alaska, without regard to principles of conflicts of law. The Parties unconditionally and irrevocably agree and consent to the exclusive jurisdiction of and service of process and venue in the Courts of the State of Alaska located in Anchorage, Alaska, and waive any objection with respect thereto for the purpose of any action, suit, or proceeding arising out of, or relating to, this Agreement, or the transactions contemplated hereby, and further agree not to commence any such action, suit or proceeding except in any such court. 19. Severability. If a provision of this Agreement is or becomes illegal, unenforceable, or invalid under the Governing Law of this Agreement, the remaining provisions of this Agreement shall remain enforceable and valid. Page 3