FY2017-15 AHERA - Asbestos Inspections for KIB Buildings For An Amount Not to Exceed $22,000.00AGREEMENT FOR SPECIAL SERVICES
ASBESTOS HAZARD EMERGENCY RESPONSE ACT COMPLIANCE IN
KODIAK ISLAND BOROUGH SCHOOLS TRIANNUAL CONTRACT
THIS AGREEMENT made this 1 st, day of November, 2017 by and between the Kodiak Island
Borough (KIB) and Environmental Management Inc.. Hereinafter called the, "Contractor".
WITNESSETH:
That the Kodiak Island Borough and Contractor for consideration hereinafter recited agree as
follows:
1. Proiect: Contractor agrees to perform services as are necessary for the professional
completion of the Project which shall be defined by the following Scope of Work and any
additional specifications and addenda thereto which are signed by the parties or incorporated
herein as part of this Agreement which documents are hereinafter referred to as the Contract
Documents. The services provided shall be of professional quality, to the reasonable satisfaction
of the Project Manager.
• TASK 1: Provide environmental analysis and reinspection services for various KIB school
buildings to determine and track the state of confirmed or assumed Asbestos Containing
Materials (ACM); to bring each facility into compliance with Asbestos Hazard Emergency
Response Act (AHERA) requirements for: (1) Management Plans and (2) three-year
reinspections.
Note: Travel arrangements and cost of travel to village schools will be the responsibility of
Kodiak Island Borough School District and will not need to be included as a reimbursement
to the contract. Vehicles will be provided by the Kodiak Island Borough and will not need
to be included as a reimbursement to the contract.
• TASK 2: Review existing AHERA Management Plans and previous reinspection plans and
develop an approach to inspect school facilities both within the urban area of Kodiak and the
remote village school sites. Sample if requested any suspected Asbestos Containing Building
Materials (ACBMs).
• TASK 3: Review and verify School District six month periodic surveillance and inspector's
assessment and classification of ACBMs and suspected ACBMs in the school facilities. (See
New Asbestos Location Sheet Attached)
• TASK 5: Prepare, publish, and submit triannual reinspection reports for each facility as an
attachment to each existing AHERA Management Plan. All reinspection records will contain
any data as required by 40 CFR 763.
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TASK 6: Submit re -inspection reports. Three (3) copies of each reinspection report are
required per facility to KIB.
2. Job Commencement and Performance. Contractor will commence work on this Project on
this 1 st day of November, 2017.
The anticipated project schedule is as follows:
(a) Notice to proceed
(b) Conduct initial visit to Kodiak and review current status of the Management
Plans, develop an inspection schedule, determine the schedule, and determine
number of asbestos samples required.
(c) Facilities in Kodiak will be inspected in the afternoon and evening to minimize
impact on schools. Remote schools will need to be inspected during the day to
meet flight schedules.
(d) Receive Laboratory Analysis of Samples.
(e) Submit Reports and Management Plans.
4. Proiect Manager. The Project Manager shall be the Maintenance Coordinator and the
Engineering and Facilities Department of KIB.
5. Comnensation. KIB agrees to pay to Contractor as compensation for services per
Contractor's Fee Schedule dated 9/28/17 with a "not to exceed" amount of $22,000.
6. Insurance. (a) Contractor shall, at all times, at it's own expense, keep in force the following
described insurance for protection against the claims of employees or other persons, insuring
both Contractor and KIB against liability that may accrue against them or either of them in
connection with Contractor's performance under this agreement.
(1) Insurance, in at least the required statutory amounts, covering claims under
Workers' Compensation, disability benefits, and other similar employee benefit acts;
(2) Public liability insurance covering bodily injury, death, and property damage with
combined single limit of not less than $2 million; and
(3) Professional liability insurance in an amount of not less than $1 million.
(b) If Contractor fails to comply with the insurance requirements of this agreement, KIB may
terminate the Agreement with ten (10) days' written notice.
(c) Contractor covenants to maintain all insurance policies required in this Agreement for the
period of time in which a person may commence a civil action as prescribed by the applicable
statutes of limitations. The coverage required by this Agreement shall cover all claims arising in
connection with the performance of Contractor under this agreement, whether or not asserted
during the term of this Agreement and even though judicial proceedings may not be commenced
until after the expiration of this Agreement.
(d) If Contractor is self-insured, KIB will require a statement to that effect;
(e) Certificate of Insurance for liability and errors and omissions insurance, especially for
Contractor acting as agent (n/a if self insured); and
(f) Kodiak Island Borough must be named as "additionally insured".
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7. Payment. KIB shall make payment at monthly intervals subject to receipt from Contractor
specifying that the services have been performed and is entitled to the amount requested under
the terms of this Agreement. The monthly payments due shall be equal to the actual time and
materials spent on the project as of the date of the request. Contractor shall prepare monthly
invoices and progress reports which clearly indicate the progress to date and the amount of
compensation due.
Contractor shall provide any additional information, which KIB may reasonably require in
support of any payment request. All requests for payment shall be for work completed unless
otherwise agreed to by KIB. Monthly invoices shall be delivered to KIB no later than the end of
the month and shall be paid within thirty (30) days from the date of the invoice; unless KIB shall
notify Contractor in writing of the reason for not making payment of the sums requested.
8. Indemnification. Contractor hereby agrees to indemnify, protect, defend, and hold KIB, its
employees, agents, successors, and assigns harmless from and against any and all loss, damage,
and liability including reasonable attorney's fees arising out of or resulting from any act or
omission of Contractor pursuant to this Agreement, which acts or omissions were caused by or
were themselves the negligence of Contractor and were not within the control of KIB. Contractor
obligates itself to pay for all materials furnished and services performed by Contractor's
subcontractors or suppliers after Contractor has been paid by KIB for the same under this
Agreement.
9. Claims. (a) Partial payments for work performed under this Agreement will equal the value
of the work done by Contractor at the agreed price, less the sum of previous payments as
provided above; provided that Contractor is not indebted to KIB or anyone else for professional
services, fringes, taxes, supplies, materials, equipment, rental, or other proper charges against the
services covered by KIB from any payment or payments made under this provision. (b)
Contractor must notify KIB or its agent of any and all claims for costs in excess of the contract
amount within ten (10) days of incurring such costs.
10. Chanties and Modifications. (a) KIB may at any time, by written order signed by the
Project Manager of KIB, make changes in the specifications for services hereunder or in the
project schedule. Any additions or reductions to the amount of this Agreement resulting from
authorized changes whether initiated by Contractor or KIB must be agreed upon in writing by
both parties hereto, subject to the contract and sale provisions of the KIB Code. (b) The cost or
credit to KIB resulting from a change in the services or in the project schedule shall be
determined as follows:
(1) by mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation; or
(2) by the hourly fees stated in the contract documents or subsequently agreed upon.
11. Performance of Work. Contractor shall perform the work in a prompt and diligent manner
whenever such work or any part of it becomes available, in order to promote the general progress
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of the entire project. Upon written request by KIB, Contractor shall furnish to KIB such evidence
as KIB may require relating to the ability of Contractor to complete the project. Contractor shall
comply with professional standards and all applicable laws.
12. Delays. In the event Contractor's performance is delayed or interfered with by acts of KIB,
or any other justifiable cause beyond the control of Contractor, an extension of time for the
performance of work may be requested.
13. Avvrovals. Contractor shall obtain and pay for permits, licenses, and official inspections
made necessary by its work, and shall comply with all laws, ordinances, and regulations bearing
on its work and the conduct thereof.
14. Stoa Work. (a) If Contractor fails to correct defective services as required herein or
persistently fails to carry out the project in accordance with the contract documents, KIB, by a
written order signed personally or by an agent, may order Contractor to stop work, or any portion
thereof, until the cause for such order has been eliminated; however, this right of KIB to stop
work shall not give rise to any duty on the part of KIB to exercise this right for the benefit of
Contractor or any other person or entity. (b) If Contractor defaults or neglects to carry out the
work in accordance with the scope of work hereunder or the project schedule, and fails within
fourteen (14) days after receipt of written notice from KIB to commence and continue correction
of such default or neglect with diligence and promptness, KIB may, after seven (7) days
following receipt by Contractor of an additional written notice and without prejudice to any other
remedy it may have, make good such deficiencies, but use its best efforts to mitigate the cost of
curing such default. In such case, an appropriate change order shall be issued deducting from the
payments then or thereafter due Contractor the cost of correcting such deficiencies, including
compensation for the Project Manager's additional services made necessary by such default,
neglect, or failure.
15. Time. Definitions:
(a) Unless otherwise provided, the contract time is the period of time allotted in this
Agreement for substantial completion of the project;
(b) The date of commencement of the project is the date established in this Agreement as
set forth above;
(c) The date of substantial completion of the project or designated portion thereof is the
date certified by the Project Manger when the project is sufficiently complete, in
accordance with the scope of work hereunder or the project schedule, in order for KIB to
utilize the facility or designated portion thereof for the use for which it is intended;
(d) The date of final completion is the date that KIB certifies either orally or in writing
that the project is finished; and
(e) The term "day" as used in the Agreement shall mean calendar day unless otherwise
specifically designated.
(1) All time limits set forth herein are of the essence of the Agreement.
16. Payments Withheld. KIB may withhold payments from Contractor for any of the following
reasons:
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(a) The application for payment mistakes the amount of services completed;
(b) Defective services not remedied;
(c) Third party claims filed or reasonable evidence indicating probable filing of such
claims;
(d) Failure of Contractor to make payments properly to consultants, contractors,
subcontractors, or for professional services, materials, or equipment after
Contractor has been paid for the same;
(e) Reasonable evidence that the project cannot be completed for the balance of the
contract sum;
(f) Reasonable evidence that the project will not be completed within the contract time;
and
(g) Persistent failure to perform the services in accordance with the Scope of Work
hereunder.
17. Final Completion and Final Payment. If the project is totally complete KIB will cause a
final certificate of payment and make payment to Contractor within thirty (30) days of the date
that the project was certified as finally complete on the conditions set forth below.
18. Termination and Default. (a) If Contractor is adjudged as bankrupt, or if it makes a
general assignment for the benefit of its creditors, or if a receiver is appointed on account of its
insolvency, or if it refuses or fails, except in cases for which extension of time is provided, to
supply enough properly skilled professionals or proper services, or if it fails to make prompt
payment to subcontractors or for materials or labor after it has been paid, or persistently
disregards laws, ordinances, rules, regulations, or orders of any public authority having
jurisdiction, or otherwise is guilty of a violation of a provision of the Agreement, then KIB may,
without prejudice to any right or remedy and after giving Contractor seven (7) days' written
notice, terminate the employment of Contractor and take possession of all materials and
documents prepared by Contractor in connection with the project, and may finish the work by
whatever method it may deem expedient. hi such case Contractor shall not be entitled to receive
any further payment until the work is finished. (b) If the unpaid balance of the contract sum
exceeds the costs of finishing the project, including compensation for the Project Manager's
additional services made necessary thereby, such excess shall be paid to Contractor. The amount
to be paid to Contractor shall be certified by the Project Manager, upon application, and this
obligation for payment shall survive the termination of the contract.
19. Assignment. This Agreement shall not be assigned by operation of law or through
negotiated agreement by Contractor without the written permission of KIB. However,
subcontracting portions of the Project to be performed pursuant to the Agreement shall not be
considered an assignment for the purposes of this Agreement.
20. Subcontracting. Prohibition of subcontracting without the expressed, written consent of
KIB and Subcontractor must agree to be bound by contract terms.
21. Waiver. Failure of KIB or Contractor to enforce a specific section of this Agreement against
one another or to enforce a particular demand of KIB or Contractor made pursuant to the terms
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of this Agreement shall not affect a waiver of any of KIB's or Contractor's rights and powers as
set forth in this Agreement.
22. Written Notice. Written notice shall be deemed to have been duly served if delivered in
person to the individual or member of the fine or entity or to an officer of the corporation for
whom it was intended, or if delivered at or sent by registered or certified mail to the last business
address known to him who gives the notice.
23. Integration. The Agreement and referenced documents represent the entire integrated
agreement between the parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral.
24. Notice. Written notice pursuant to this Agreement shall be deemed delivered to either party
if hand delivered to a superintendent or officer of a party or mailed to the parties at the following
addresses:
Kodiak Island Borough
Office of the Manager
710 Mill Bay Road
Kodiak, AK 99615-6398
25. Venue and Aoalicable Law. For all legal actions KIB is the 3'a Judicial District of Alaska.
Provide the appropriate venue is the KIB's judicial district or third. Alaska law will govern all
disagreements between parties.
26. Kodiak Island Borough Furnished Data. KIB will provide to Contractor all data in KIB's
possession relating to Contractor's services on the project. Contractor will reasonably rely upon
the accuracy, timeliness, and completeness of the information provided by KIB.
27. Reuse of Proiect Documents. All reports, documents and other deliverables of Contractor,
whether in hard copy or in electronic form, are instruments of service for this project, whether
the project is completed or not. Reuse on another project, change, or alteration by KIB or by
others acting through or on behalf of KIB of any such instruments of service without the written
permission of Contractor will be at KIB's sole risk. KIB owns all documents produced under the
contract and may use and reproduce them freely.
28. Litigation Assistance. The Scope of Services does not include costs of Contractor for
required or requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by KIB. All such Services required or requested of Contractor
by KIB, except for suits or claims between the parties to this Agreement, will be reimbursed as
mutually agreed, and payment for such Services shall be in accordance with Section 5, unless
and until there is a finding by a court or arbitrator that Contractor's sole negligence caused KIB's
damage.
29. Certification. Contractor certifies that it is not debarred, suspended, proposed for debarment,
or declared ineligible for work with the State of Alaska. Contractor shall notify KIB within five
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(5) working days of any such action brought against Contractor during the term of this
Agreement.
Kodiak Island B u Contractor (EMI)
,S I a / Digitally signed by lanyA
I(�' �J Helgewn
By: By: Date: 2017.11.0615:37:29-09'00'
chae P \hers Lary A. Helgeson, VP
Borough Managa. Contractor
By:
Bab Tucker
Engineering and Facilities Director
ATTEST:
�p1 Nova M. Javier, CMC
U Borough Clerk
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