FY2025-51 Additional Consulting Support For Landfill Treatment Plant (LTP) 2025 With Jacobs EngineeringCONTRACTS 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.
DATE: 05/09/25 TRANSMITTED BY: Patricia Valerlo DEPT: Engineering & Facilitie
CONTRACT NO.: FY 2025-51 VENDOR OR CONTRACTOR: Jacobs Engineering
CONTRACT TITLE(Please provide details that are available such as purpose and/or the amount):
Additional Consulting Support for LTP 2025
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: Select One DATE OF APPROVAL: 03/10/25
TYPE OF CONTRACT: Contract
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
N/A
EXPIRATION OR REVIEW DATE: 03/10/2026 PURGE DATE: 03/10/2029
If there's no expiration date or the contract is open-ended, enter 9999 in the date field and explain when
it should be flagged for review:
N/A Using Services until funds run out or project is completed.
Are all relevant attachments, exhibits, referenced documents attached? ❑
Are the successful bids and proposals incorporated in the attachments? ❑
ONLY COMPLETE THIS SECTION IF THE RECORD AMENDS, EXTENDS, IS A
CHANGE ORDER, OR AN ADDENDUM TO AN EXISTING CONTRACT
m7_r N Z
CONTRACT NO.: FY
REQUESTED BY:
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. 04/09/2025
JACOBSO
Contract FY2025-51
Jena Hassinger
Environmental Scientist
Engineering and Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
February 18, 2025
Subject: Proposal for KIB Leachate Treatment Plant Consulting Support
Dear Jena,
2800 Centerpoint Drive, Suite 920
Anchorage, Alaska 99503
United States
T +1.907.762.1500
F +1.907.762.1600
www.jacobs.com
The purpose of this letter is to provide scope and fee for additional support for Kodiak Landfill leachate
treatment plant (LTP) operations. The scope of work is to support ongoing operations of the LTP which
may include: participation in teleconferences; product research; vendor research; engineering
evaluations; troubleshooting; instrumentation or control evaluations; and other support as requested by
the Kodiak Island Borough. Staffing may include current staff familiar with the LTP including Cory Hinds,
David Brunkow, Gary Hickman or other specialty staff available from Jacobs as requested.
We propose to complete this work on a time and materials basis using our current rates and terms and
conditions in the attached Standard Agreement for Professional Services. Per request, this proposal is
for a not -to -exceed amount of $20,000. If you have any questions about this, please contact me via email
at cory.hinds(aDiacobs.com or via phone at (907) 229-6809. Jacobs will conduct this work as Jacobs
Engineering Group, Inc.
Sincerely,
Jacobs Engineering Group, Inc.
Cory Hinds, P.E.
Project Manager
a
Mary Beth Baxter
Manager of Projects
.;acobs
PROJECT
NAME: LTP Consulting
CLIENT: Kodiak Island Borough
ADDRESS: 710 Mill Bay Road, Kodiak, AK 99615
PROFESSIONAL SERVICES
PROJECT
NUMBER: KODJEG24
AGREEMENT
Client hereby requests and authorizes Jacobs Engineering Group, Inc. ("Jacobs") to perform the
following Services:
SCOPE OF
SERVICES:
Per Jacobs' proposal titled "Proposal for KIB Leachate Treatment Plant Consulting Support", dated February 18,
2025.
COMPENSATION to be on a basis of:
Per Jacobs' proposal titled "Proposal for KIB Leachate Treatment Plant Consulting Support", dated February 18,
2025.
The parties agree to the "Provisions" provided on page 2 of this authorization.
AT EST:
D 80'p.
Nova M. Javier, MM %�� 0
Borough Clerk f Q'
DATE:
Accepted for
Kodiak Island Borough
By: CLQ 2. VJ l JA a4lW
Name: -A lmee, w t % l �a w
Title: 7�!Quwy`
Date: i0 kA-t
0
yr
A or
angineering Group, Inc.
By.
Name: Mary Beth Baxter
Title: Manager of Projects
Date: February 19, 2025
File PSA Provisions - JEG 09130122 Page 1 of 3 Rev 02/08/23 - MEH, Rev 10/26/2023 - LC
PROVISIONS
1. AUTHORIZATION TO PROCEED. Signing this Agreement shall
be construed as authorization by CLIENT for JACOBS to proceed
with the Services, unless otherwise provided for in this Agreement.
2. LABOR COSTS. JACOBS shall be compensated for Labor
Costs as stated in JACOBS' proposal. For time and materials
compensation projects, Labor Costs are calculated by multiplying the
Hourly Labor Rate for each JACOBS' employee working on the
CLIENT's Project by the number of hours actually worked by each of
JACOBS' employees on CLIENT's Project. In the event JACOBS'
compensation is calculated by reference to a Labor Cost Multiplier,
the Hourly Labor Rate for each JACOBS' employee working on the
CLIENT's Project shall be determined by multiplying the Labor Cost
Multiplier by each employee's non -overtime, burdened compensation
on an hourly basis.
3. OUTSIDE SERVICES, SUBCONTRACTS, AND DIRECT
EXPENSES. When services are performed on a cost
reimbursement basis, a markup of ten (10) percent will be applied to
Outside Services, Subcontracts, and Direct Expenses. For the
purpose 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, materials, and supplies; (2) JACOBSs' current
standard rate charges for direct use of JACOBS' vehicles, laboratory
test and analysis, and field equipment; and (3) JACOBS' standard
project charges for computing systems, and health and safety
requirements of OSHA.
4. COST ESTIMATES. Any cost estimates provided by JACOBS
will be on a basis of experience and judgment. Since JACOBS has
no control over market conditions or bidding procedures, JACOBS
does not warrant that bids or ultimate construction costs will not vary
from these cost estimates.
5. PROFESSIONAL STANDARDS. JACOBS shall be responsible,
to the level of competency presently maintained by other practicing
professionals in the same type of work in CLIENT's community, for
the professional and technical soundness, accuracy, and adequacy
of all design, drawings, specifications, and other work and materials
furnished under this Agreement. If after completion of the Services
the CLIENT can demonstrate that the Services hereunder fail to
conform to such standards, JACOBS will reperform the deficient
Services at no cost to the CLIENT, and JACOBS shall have no liability
for repair or replacement, construction rework or other costs.
JACOBS makes no warranty, expressed or implied.
6. ADDITIONAL SERVICES. Services in addition to those
specified in Scope of Services will be provided by JACOBS if
authorized in writing or otherwise confirmed by CLIENT. Additional
services will be paid for by CLIENT as indicated in any Letter of
Proposal, Task Authorization, or such other document as deemed
appropriate by CLIENT and JACOBS. In the absence of an express
agreement about compensation, JACOBS shall be entitled to an
equitable adjustment to its compensation for performing such
additional services.
7. SALES TAX. In addition to any other sums or amounts required
to be paid by CLIENT to JACOBS pursuant to this Agreement,
CLIENT must also pay to JACOBS the amount of any applicable
sales, use, excise or other tax with respect thereto (other than any
general income tax payable by JACOBS with respect thereto) as the
same may be levied, imposed or assessed by any federal, state,
county or municipal government entity or agency.
8. LIMITATION OF LIABILITY. The total aggregate liability of
JACOBS arising out of the performance or breach of this Agreement
shall not exceed the compensation paid to JACOBS under this
Agreement. Notwithstanding any other provision of this Agreement,
JACOBS shall have no liability to the CLIENT for contingent,
consequential, or other indirect damages including, without limitation,
damages for loss of use, revenue or profit; operating costs and facility
downtime, however the same may be caused. The limitations and
exclusions of liability set forth in this Article shall apply regardless of
the fault, breach of contract, tort (including negligence), strict liability
or otherwise of JACOBS, its employees, or subconsultants.
9. DISPUTE RESOLUTION. All disputes arising out of this
Agreement shall be mediated by the parties within a reasonable time
after the first request for mediation, prior to either party filing a suit in a
court of law, provided, however, that neither party shall be obligated to
mediate prior to requesting injunctive relief.
10. ASSIGNMENT TO RELATED ENTITY. Notwithstanding anything
in this Agreement to the contrary, in the event JACOBS is not qualified
and licensed in the relevant jurisdiction to provide any Services required
hereunder, JACOBS may, without the consent of any other party, assign
all or any part of its obligation to provide such Services to an entity
related to JACOBS which is qualified and licensed to provide such
Services in the jurisdiction involved and which is contractually bound to
JACOBS to provide such Services.
11. PAYMENT TO JACOBS / INTEREST ON PAST -DUE AMOUNTS.
Monthly invoices will be issued by JACOBS for all Services performed
under the terms of this Agreement. Invoices are due and payable net
15 days. CLIENT agrees to pay interest at the rate of 1'/s% per month
on all past -due amounts, unless not permitted by law. Any interest
charged or collected in excess of the highest legal rate will be applied
to the principal amount owing to JACOBS, and if such interest exceeds
the principal balance of CLIENT's indebtedness to JACOBS, will be
returned to CLIENT.
12. TERMINATION FOR NON-PAYMENT OF FEES. Without limiting
any other remedy that may be available, JACOBS may stop work or
terminate this Agreement if CLIENT has not cured a payment default
within 7 days after receipt of written notice from JACOBS. Any failure
to make a payment within the time required in Article 11 above shall
constitute a payment default. Notice by e-mail or fax, followed by
overnight courier, shall meet this notice requirement. JACOBS' right to
stop work or terminate this Agreement shall not be waived by JACOBS'
continued performance during any period of investigation by JACOBS
to determine the reasons for CLIENT's nonpayment.
13. LEGAL EXPENSES. In the event legal action is brought by
JACOBS to enforce any of the obligations hereunder or arising out of
any dispute concerning the terms and conditions hereby created,
CLIENT shall pay JACOBS reasonable amounts for fees, costs and
expenses as may be set by the court.
14. CONSTRUCTION PHASE SERVICES. If this Agreement includes
the furnishing of any Services during the construction phase of the
project, the following terms will apply: (a) If JACOBS is called upon to
observe the work of CLIENT's construction contractor(s) for the
detection of defects or deficiencies in such work, JACOBS will not bear
any responsibility or liability for such defects or deficiencies or for the
failure to so detect. JACOBS shall not make inspections or reviews of
the safety programs or procedures of the construction contractor(s), and
shall not review their work for the purpose of ensuring their compliance
with safety standards. (b) If JACOBS is called upon to review
submittals from construction contractors, JACOBS shall review and
approve or take other appropriate action upon construction
contractor(s)' submittals such as shop drawings, product data and
samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the contract
documents. JACOBS' action shall be taken with such reasonable
promptness as to cause no delay in the work while allowing sufficient
time in JACOBS' professional judgment to permit adequate review.
Review of such submittals will not be conducted for the purpose of
determining the accuracy and completeness of other details such as
dimensions and quantities. (c) JACOBS shall not assume any
responsibility or liability for performance of the construction services, or
for the safety of persons and property during construction, or for
compliance with federal, state and local statutes, rules, regulations and
codes applicable to the conduct of the construction services. JACOBS
shall have no influence over the construction means, methods,
techniques, sequences or procedures. Construction safety shall remain
the sole responsibility of the construction contractor(s). (d) All contracts
between CLIENT and its construction contractor(s) shall contain broad
form indemnity and insurance clauses in favor of CLIENT and JACOBS,
in a form satisfactory to JACOBS.
15. SEVERABILITY. In case any one or more of the provisions
contained in this Agreement shall be held illegal, the enforceability of
File: PSA Provisions — JEG 09/30/22 Page 2 of 3 Rev 02/08/23 — MEH, Rev 10/26/2023 - LC
the remaining provisions contained herein shall not be impaired
thereby.
16. FORCE MAJEURE. Any delays in or failure of performance by
JACOBS shall not constitute breach hereunder if and to the extent
such delays or failures of performance are caused by occurrences
beyond the reasonable control of JACOBS. In the event that any
event of force majeure as herein defined occurs, JACOBS shall be
entitled to a reasonable extension of time for performance of its
Services under this Agreement.
17. ELECTRONIC MEDIA. (a) As a component of the services
provided under this Agreement, JACOBS may deliver electronic
copies of certain documents or data (the "Electronic Files") in addition
to printed copies (the "Hard Copies") for the convenience of CLIENT.
CLIENT and its consultants, contractors and subcontractors may only
rely on the Hard Copies furnished by JACOBS to CLIENT. If there is
any discrepancy between any Electronic File and the corresponding
Hard Copy, the Hard Copy controls. (b) CLIENT acknowledges that
Electronic Files can be altered or modified without JACOBS'
authorization, can become corrupted and that errors can occur in the
transmission of such Electronic Files.
18. THIRD PARTY BENEFICIARIES. The parties entered into this
Agreement for the sole benefit of the parties. Nothing expressed or
implied in this Agreement gives or shall be construed to give rights or
benefits to any person other than CLIENT and JACOBS. This
Agreement has no third -party beneficiaries.
19. PURCHASE ORDERS. CLIENT's issuance and JACOBS
receipt of the purchase order is considered the CLIENT's acceptance
of the terms and conditions of this Agreement and will take
precedence over any terms and conditions referenced or attached to
the Purchase Order.
File: PSA Provisions — JEG 09/30/22 Page 3 of 3 Rev 02/08/23 — MEH, Rev 10/26/2023 - LC