FY2025-45 Additional PCB Testing by EMI for Mental Health Buildings Demo & Abatement ProjectCONTRACTS TRANSMITTAL FORM
RETENTION SCHEDULE: CL -09 CONTRACTS
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involve real property.
DATE:
02/14/25 TRANSMITTED BY: DEPT:
Patricia Valerio Engineering & Fac
CONTRACT NO.: FY 2025-45 VENDOR OR PROVIDER: EMI
CONTRACT TITLE: Additional PCB Testing by EMI for Mental Health Buildings Demo & Abatement Project
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
TYPE OF CONTRACT: Contract
DATE OF APPROVAL: 02/14/25
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
N/A - Expires when work complete
EXPIRATION DATE:
PURGE DATE: 02/14/29
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.
Expires when project is complete
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Are the successful bids and proposals incorporated in the contract? 0✓
No bids necessary - already contracted as Enviro. Consultant on Project
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CONTRACT, OR IS AN ADDENDUM TO A CONTRACT
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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
AAENVIRONMENTAL
MANAGEMENT, INC.
CONSULTING. ENGINEERING B TRAINING I A BSNC COMPANY
Contract FY2025-45
February 14, 2025
Kodiak Island Borough
Engineering and Facilities Department
710 Mill Bay Road
Kodiak, AK 99615
Attn: Codi Allen
SUBJECT: Kodiak Island Borough Mental Health Apartments Renovation
PROJECT REF: Proposal for Additional PCB Testing
As requested, Environmental Management, Inc. (EMI) is providing this cost proposal to perform
additional testing for polychlorinated biphenyls (PCBs) in paint at two structures at Kodiak Island
Borough's Mental Health Apartments located at 717 Rezanof Drive, Kodiak, Alaska.
PROJECT PURPOSE AND OBJECTIVES
It is our understanding that the Kodiak Island Borough Landfill has requested testing of building
materials for PCBs in paint prior to accepting the materials for disposal and that Far North, LLC
collected twelve samples of paint from various surfaces at the subject property and had them
analyzed for PCBs in order to satisfy this requirement. Based on our review of the laboratory data,
three of the twelve samples had concentrations greater than 1.0 milligram per kilogram (mg/Kg). Two
of the exceeding samples were collected from paint on wood trim in the vicinity of stairs within the
buildings and one exceeding sample was collected from paint on an interior gypsum wallboard (GWB)
wall. One additional sample collected from paint on an interior GWB wall exhibited a concentration
of total PCBs of 0.93 mg/Kg. One final sample of paint from interior GWB wall was reported as
containing no PCB aroclors at concentrations exceeding laboratory limits of quantification. These
results indicate that PCBs are present within paint on wood trim near stairs and that PCBs are likely
intermittently present within paint on GWB interior walls in the buildings.
The purpose of this sampling will be to identify and delineate the actual extent of PCB -containing
paints on walls and wood trim for the purpose of determining if waste stream segregation is practical.
To achieve this, EMI will provide a Hazardous Building Material Inspector to collect up to 50 samples
for PCB -containing paint from within the two buildings at the subject property. At least one sample
of paint on wood trim will be collected from each of the 6 stairwells within each building (total 12
samples) in order to determine if the presence of PBC -containing paint in continuous in these areas.
2
A minimum of 8 samples of interior GWB wall paint will be collected from each floor within each
building in order to delineate the extent of PCB containing paint on interior walls (total 32 samples).
An additional six samples will be collected, as needed, to address other painted components not
represented in the initial effort, or to further delineate the extent of PCB -containing paint.
Samples will be submitted to Onsite Environmental (OnSite) in Redmond, Oregon for analysis vie EPA
Method 8082A. Additionally, per your request, split samples will be collected from two locations
previously identified as containing PCBs in excess 1.0 mg/Kg. A portion of each sample will be shipped
to EMSL Analytical, Inc. (EMSL), who conducted the initial analysis, and the second portion of each
sample will be shipped to Onsite. This will allow for comparison of the reported PCB concentrations
between laboratories.
Following receipt of the analytical results a report will be prepared that will document the sampling
approach, along with identifying and quantifying all reported PCBs. This report will be prepared within
21 days of receipt of analytical results. A verbal summary of results can be made available within 3
days of receipt of analytical results.
COSTS
EMI can provide these services on a lump sum basis, with costs presented below.
COSTSESTIMATED
TASK
COST
Task 1: Planning and Mobilization
$2,206
Task 2: Field Work and Laboratory Analysis
$7,566
Task 3: Reporting
$2,640
Project Total:
$12,412
ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations were made in developing the proposed scope and estimated
costs:
• These costs assume the client will be providing transportation and lodging for EMI personnel in
Kodiak.
• These costs assume that the sample collection can be completed in one mobilization with 1.5 days
on site.
• Travel delays due to weather or other unforeseen circumstances beyond EMI's control will be
billed on a time and expense basis.
• These costs assume the collection of no more than 50 samples. If additional samples are necessary,
they will be billed at a rate of $101 per sample.
ENVIRONMENTAL MANAGEMENT, INC. 13301 C STREET, SUITE 200, ANCHORAGE, ALASKA 99503 1 WWW.EMI-ALASKA.COM
TR-AI\IN(-, FAX 907-272-419
• These costs assume that the client will provide an escort while EMI is on site. If no escort is
available, EMI can provide an additional field personnel for a cost of $2,573.
• The cost of the standard laboratory analysis turnaround (7 -Business Days) is provided. Rush analysis is
available for 2 -Business Day (60% markup), 3 -Business Day (40% Markup) and 5 -Business Day (20%
markup) turnarounds.
We appreciate the opportunity to provide you with this quote. 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. Please sign
the signature block below if you wish to proceed with the services outlined. By signing, you agree to the
attached terms and conditions. We look forward to working together.
Sincerely,
ENVIRONMENTAL MANAGEMENT, INC.
i
Glenn Hasburgh
Operations Manager
Attached: EMI Terms and Conditions
"ATIEST /,ax --1
Borough Clerk '��
-'fir ;T E V /� �J qla
Notice to Proceed
Please proceed with the proposal as described above, following the terms and conditions
attac71-VVLA-eluv&�—
Signature Printed Name
14 Feg-51 P5
Title 0 Date
ENVIRONMENTAL MANAGEMENT, INC. 13301 C STREET, SUITE 200, ANCHORAGE, ALASKA 99503 1 WWW.EMI-ALASKA.COM
CONSULTING 907-272-9336 1 TRAINING 907-2.7-2-8852- 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. Rieht 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.
S. 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.
8. 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
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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 Majeure. 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.
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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.
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