FY2026-61 PKIMC Automatic Transfer Switches with AMC EngineersKODIAK ISLAND BOROUGH
PROFESSIONAL SERVICES AGREEMENT
Design for Providence Kodiak Island Medical Center (PKIMC)
Automatic Transfer Switches (ATS)
FY2026-61
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
(907) 486-9341
Contract FY2026-61
Professional Services Agreement with
AMC Engineers
for Design for PKIMC ATSs
This AGREEMENT, made and entered into this 5.14.2026 (Date) by and between the
KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to
as the 'Borough" and AMC Engineers a corporation authorized to do business in Alaska, with offices
located at 701 E. Tudor Road, Suite 250, Anchorage, AK 99503, hereinafter referred to as the
"Consultant."
WITNESSETH
WHEREAS, the Borough wishes to enter into an agreement with an independent consultant to
Design for the Automatic Transfer Switches at Providence Kodiak Island Medical Center, and
WHEREAS, AMC Engineers submitted a proposal asserting it is qualified to perform these
services and able to do so in a timely manner.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties agree as follows:
1.0 DEFINITIONS
1.1 "Agreement" shall mean this Professional Services Agreement, including:
Exhibit A — AMC Engineers proposal dated April 20, 2026.
1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the
Borough in the scope, complexity, character, or duration of the services or other provisions
of this Agreement.
1.3 'Borough" shall all mean the Kodiak Island Borough, Alaska.
1.4 "Contracting Officer" shall mean the Borough Manager and include any successor or
authorized representative.
1.5 "Project" shall mean the Design of Automatic Transfer Switches at PKIMC.
2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement
shall remain in full force and effect until the Project has been completed and further, until all claims
and disputes have been concluded. The work is considered complete when the Borough has
received and found acceptable the finished product of all work described in 4.0 Scope of Services
or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion
Date. This Agreement may be amended only in writing and upon compliance with all applicable
statutes, ordinances, and regulations.
3.0 FEES. For Design for ATS at PKIMC; as described in 4.0 Scope of Services, the Borough will
compensate the Contractor an amount not to exceed One -Hundred Fifty -One Thousand, One
Hundred Fifty -Five Dollars ($151,155).
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Contract FY2026-61
4.0 SCOPE OF SERVICES. The Borough and Consultant have agreed upon a scope of work
described in the Consultant's proposal, Exhibit A, to provide professional services based on
approved standards and instructions, as specifically described in Exhibit A.
This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement.
5.0 SCHEDULE FOR COMPLETION. Reserved.
6.0 PERSONNEL/ORGANIZATION
6.1 Key Personnel. Work and services provided by the Consultant will be performed by:
As specified in Exhibit A.
6.2 Changes in Key Personnel. The Consultant shall give the Borough reasonable advance
notice of any necessary substitution or change of key personnel and shall submit
justification therefore in sufficient detail to permit the Borough to evaluate the impact of
such substitution on this Agreement. No substitutions or other changes shall be made
without the written consent of the Borough.
7.0 STANDARD OF PERFORMANCE. The Consultant agrees to provide all required professional
services to complete the project and any additions or changes thereto. The Consultant accepts the
relationship of trust and confidence established between it and the Borough by this Agreement.
The Consultant covenants with the Borough to furnish its best skill and judgment, and to further
the interest of the Borough at all times through efficient business administration and management.
The Consultant shall provide all services in a competent manner. It is understood that some of the
services to be rendered hereunder required professional judgment and skill. In those cases, the
Consultant agrees to adhere to the standards of the applicable profession.
8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Consultant's
failure to meet any such deadlines or required performance may adversely imperil other contractual
obligations of the Borough.
9.0 COMPLIANCE WITH LAWS. The Consultant shall be familiar with and at all times comply
with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and
executive orders, all applicable safety orders, all orders or decrees of administrative agencies,
courts, or other legally constituted authorities having jurisdiction or authority over the Consultant,
the Borough, or the service which may be in effect now or during performance of the services.
10.0 INDEMNITY. The Consultant shall indemnify, defend, and hold harmless the Borough from and
against any claim of, or liability for, negligent acts, errors, and omissions of the Consultant under
this agreement, including attorney fees and costs. The consultant is not required to indemnify,
defend, or hold harmless the Borough for a claim of, or liability for, the independent negligent acts,
errors, and omissions of the Borough. If there is a claim of, or liability for, a joint negligent act,
error, or omission of the Consultant and the Borough, the indemnification, defense, and hold
harmless obligation of the Consultant, and liability of the parties, shall be apportioned on a
comparative fault basis. In this provision, "Consultant" and "Borough" include the employees,
agents, and contractors who are directly responsible, respectively, to each. In this provision,
"independent negligent acts, errors, and omissions of the Borough" means negligence other than in
the Borough's selection, administration, monitoring, or controlling of the Consultant, or in
approving or accepting the Consultant's work or the Consultant's subcontractors.
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Contract FY2026-61
11.0 INSURANCE. The Consultant understands that no Borough insurance coverage, including
Workers' Compensation, is extended to the Consultant while completing the services described in
this Agreement. The Consultant shall carry adequate (commercially reasonable coverage levels)
insurance covering Workers' Compensation, general public liability, automobile, professional
liability, and property damage including a contractual liability endorsement covering the liability
created or assumed under this Agreement. The Consultant shall not commence work under this
Agreement or any work on any phase of the Project until the Consultant provides the Borough with
certificates of insurance evidencing that all required insurance has been obtained. These insurance
policies and any extension or renewals thereof must contain the following provisions or
endorsements:
a. Borough is an additional insured thereunder as respects to general liability arising out
of or from the work performed by Consultant of Borough.
b. Borough will be given thirty (30) days prior notice of cancellation or material alteration
of any of the insurance policies specified in the certificate.
c. Insurer waives all rights of subrogation against Borough and its employees or elected
officials.
d. The insurance coverage is primary to any comparable liability insurance carried by the
Borough.
Upon request, Consultant shall permit the Borough to examine any of the insurance policies
specified herein. Any deductibles or exclusions in coverage will be assumed by the Consultant, for
account of, and at the sole risk of the Consultant.
The minimum amounts and types of insurance provided by the Consultant shall be as set forth in
Exhibit B, subject to revision at the Borough's request in order to provide continuously throughout
the term of the Agreement a level of protection consistent with good business practice and accepted
standard of the industry.
12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and
enforcement of this Agreement.
13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Consultant for services hereunder
include full compensation for all work products and other materials produced by the Consultant
and its subcontractors pertaining to this Agreement.
The originals of all material prepared or developed by the Consultant or its employees, agents, or
representatives hereunder, including documents, drawings, designs, calculations, maps, sketches,
notes, reports, data, models, computer tapes, and samples shall become the property of the Borough
when prepared, whether delivered or not, and shall, together with any materials furnished the
Consultant and its employees, agents, or representatives by the Borough hereunder, be delivered to
the Borough upon request and, upon termination or completion of this Agreement. Materials
previously created and copyrighted by the Consultant included in this project will remain property
of the Consultant. Copies will be made available to the Borough upon request. Materials purchased
from and copyrighted by third parties are not included in this provision.
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Contract FY2026-61
14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Consultant agrees to defend,
indemnify, and save the Borough harmless from and against any and all claims, costs, royalties,
damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise
out of or result from or be reasonably incurred in contesting any claim that the methods, processes,
or acts employed by the Consultant or its employees in connection with the performance of services
hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright.
In case such methods, processes, or acts are in suit held to constitute infringement and use is
enjoined, the Consultant, within reasonable time and at its own expense, will either secure a
suspension of the injunction by procuring for the Borough a license or otherwise, or replace such
method, process, etc., with one of equal efficiency.
15.0 NONWAIVER. No failure of the Borough or Consultant to insist upon the strict performance by
the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred,
shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or
rights on any future occasion. Each and every term, right, or remedy of this Agreement shall
continue in full force and effect.
16.0 SAFETY/PERFORMANCE. The Consultant shall perform the work in a safe and workmanlike
manner. The Consultant shall comply with all federal and state statues, ordinances, orders, rules,
and regulations pertaining to the protection of workers and the public from injury or damage, and
shall take all other reasonable precautions to protect workers and the public from injury or damage.
17.0 SUSPENSION OR TERMINATION.
17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon
ten (10) days written notice if the other party fails substantially to perform in accordance
with its terms. If the Borough terminates this Agreement it will pay the Consultant a sum
equal to the percentage of work completed and accepted by the Borough that can be
substantiated by the Consultant and the Borough, offset by any amounts owed to the
Borough. However, within the ten (10) day Notice of Intent to terminate the party in default
shall be given an opportunity to present a plan to correct its failure.
17.2 Convenience Suspension or Termination. The Borough may at any time terminate or
suspend this Agreement for any reason including its own needs or convenience. In the
event of a convenience termination or suspension for more than six (6) months, the
Consultant will be compensated for authorized services and authorized expenditures
performed to the date of receipt of written notice of termination or suspension. No fee or
other compensation for the uncompleted portion of the services will be paid, except for
already incurred indirect costs which the Consultant can establish and which would have
been compensated but because of the termination or suspension would have to be absorbed
by the Consultant without further compensation.
17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately
upon receipt of a Notice of Termination or suspension and except as otherwise directed by
the Borough or its Representative, the Consultant shall:
a. stop work performed under this Agreement on the date and to the extent specified in
the Notice; and
b. transfer title to the Borough (to the extent that title has not already been transferred)
and deliver in the manner, at the times, and to the extent directed by the Borough's
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Contract FY2026-61
representative, work in progress, completed work, supplies, and other material
produced as a part of, or acquired in respect of the performance of the work terminated
or suspended by the Notice.
18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Consultant shall not discriminate against any
employee or applicant for employment because of race, religion, color, national origin, or because
of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood
when the reasonable demands of the position do not require distinction on the basis of age, physical
handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Consultant
shall take affirmative action required by law to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color, religion, national
origin, ancestry, age, or marital status.
19.0 NO ASSIGNMENT OR DELEGATION. The Consultant may not assign, subcontract or
delegate this Agreement, or any part of it, or any right to any of the money to be paid under it
without written consent of the Contracting Officer.
20.0 INDEPENDENT CONSULTANT. The Consultant shall be an independent Consultant in the
performance of the work under this Agreement, and shall not be an employee or agent of the
Borough.
21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Consultant shall
pay all federal, state and local taxes incurred by the Consultant and shall require their payment by
any other persons in the performance of this Agreement.
22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the
services performed by the Consultant. If any term, condition, or provision of this Agreement is
declared void or unenforceable, or limited in its application or effect, such event shall not affect
any other provisions hereof and all other provisions shall remain fully enforceable.
23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as
to the services to be rendered by the Consultant. All previous or concurrent agreements,
representations, warranties, promises, and conditions relating to the subject matter of this
Agreement are superseded by this Agreement.
24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Consultant shall perform all
work in a timely fashion, and in accordance with the schedules included in this Agreement and
Exhibits.
25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not
otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or
Kodiak, Alaska.
26.0 CHANGES IN SCOPE OF WORK.
26.1 General. No claim for additional services not specifically provided in this Agreement will
be allowed, nor may the Consultant do any work or furnish any materials not covered by
the Agreement unless the work or material is ordered in writing by the Contracting Officer.
Preparation of Change Orders and design changes, due to errors and/or omissions by the
Consultant, will be done at the sole expense of the Consultant.
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Contract FY2026-61
26.2 Changes in Scope of Work. The Borough or its representative may, at any time, by a
written Change Order delivered to the Consultant, make changes to the scope of work, or
authorize additional work outside the scope of work.
26.3 Compensation to the Consultant. If any Change Order for which compensation is allowed
under this Article causes an increase or decrease in the estimated cost of, or time required
for, the performance of any part of the work under this Agreement, or if such change
otherwise affects other provisions of this Agreement, an equitable adjustment will be
negotiated. Such an adjustment may be:
a. in the estimated cost or completion schedule, or both;
b. in the amount of fee to be paid; and
c. in such other provisions of the Agreement as may be affected, and the Agreement shall
be modified in writing accordingly.
26.4 Any claim by the Consultant for adjustment under this section must be asserted within
fifteen (15) days from the day of receipt by the Consultant of the notification of change;
provided, however, that the Borough or its representative, deciding that the facts justify
such action, may receive and act upon any such claim asserted at any time prior to final
payment under this Agreement. Failure to agree to any adjustment shall be a dispute within
the meaning of Section 25.0 of this Agreement.
27.0 LIMITATION OF FUNDS.
27.1 At no time will any provision of this Agreement make the Borough or its representative
liable for payment for performance of work under this Agreement in excess of the amount
that has been appropriated by the Borough Assembly and obligated for expenditure for
purposes of this Agreement.
27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an
authorization to the Consultant to exceed the amount allotted in the absence of a statement
in the change order, or other modification increasing the amount allotted.
27.3 Nothing in this Section shall affect the right of the Borough under Section 17 to terminate
this Agreement.
28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough or
its representative before execution of this Agreement shall be deemed to be work done after its
execution and shall be subject to all the conditions contained herein.
29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient
if sent by the parties in the United States mail, postage paid, to the address noted below:
Kodiak Island Borough
Attn: Borough Manager
710 Mill Bay Road, Room 125
Kodiak, Alaska 99615
AMC F.noinPPrc
Attn_•_ Kaith (:nnfar
701 East Tudor Road. Suite 250
Anchorage, AK 99503
Page 7 of 8
Contract FY2026-61
IN WITNESS WHEREOF, the parties have executed this Agreement.
Kodiak Island Borough AMC Engineers
-0
Signed: Signed:
By: Aimee Williams By: Keith Confer, PE, RCDD, BCxP
Title: Borough Manager
Date: lit Aw-zb
Borough Clerk
04
Title: Vice President / Principal Electrical Engineer
Date: May 13, 2026
Page 8 of 8
701 East Tudor Road, Suite 250
ALM4 Anchorage, AK 99503 1907.257.9100
ENGINEERS Bellingham, WA 98225 1360.255.7235
amc-engineers.com
Providence Kodiak Island Medical Center (PKIMC)
Automatic Transfer Switch (ATS) Replacements
Executive Summary
April 20, 2026
Providence Kodiak Island Medical Center (PKIMC) relies on a dependable emergency power system to ensure
uninterrupted patient care during utility outages. Automatic Transfer Switches (ATS) are critical components
that enable this transition to backup power. The existing ATS equipment is approximately 27 years old and is
experiencing increasing reliability issues, including recent transfer failures that elevate operational risk.
The current system reflects outdated design practices and includes unnecessary complexity and redundant
equipment. These conditions increase the likelihood of electrical faults, create inefficiencies, and drive higher
maintenance costs over time.
This project proposes targeted replacement and system simplification using modern, code -compliant
equipment. The upgrades will improve system reliability, reduce failure risk, and align the facility with current
healthcare standards. New equipment will also allow maintenance activities to occur without interrupting
critical hospital operations, reducing future downtime risk.
In addition to reliability improvements, the project will free up valuable space within an overcrowded and no
Code compliant electrical room by removing unnecessary equipment and improving system layout. This
creates capacity for future infrastructure needs, supports the hospital's ability to expand, enhances patient
services, and facilitates serving the hospitals core mission.
The project will be implemented in carefully planned phases to minimize operational disruption while
maintaining compliance with all applicable codes and standards.
From a capital planning perspective, this investment mitigates risk to patient safety, reduces lifecycle
maintenance costs, and improves operational resilience. It also positions PKIMC to better support its long-
term mission by ensuring reliable infrastructure and creating flexibility for future growth.
Deferring this investment increases the likelihood of system failure, potential service disruption, and
unplanned emergency expenditures.
Keith Confer, PE, RCDD, BCxP
Vice President/ Principal Electrical Engineer
AMC Engineers
1-0(
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X:\23333 PKI M CATS\! PM\Fee\260403 - Fee to Design Completion, No CA, to City of Kodiak\260407 - PKIMC ATS Replacement - Fee Justification -
Executive Summary.docx
Adams, Morgenthaler and Company, Inc. AMC Project #23305
AMC
ENGINEERS
Project Number: 23333 Date: 20 -Apr -2026
Project Code: PKIMCATS Approved by: A
Prepared by: KAC, MRO, JEH llf/_"A'�(Y�
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PKIMC ATS Replacements - Post 35% Schematic Design Fee to Completion - Rev 2
SUMMARY OF DESIGN SERVICES
Mechanical Electrical Architectural Structural Civil Total Basis
35% Schematic Design
NIC
Completed
NIC
NIC
NIC
NIC or Completed
65% Design Development
$6,447
$28,542
$15,840
$6,429
$7,670
$64,928
65% Design Site Visit Labor
$0
$2,580
$0
$0
$0
$2,580
65% Design Travel Expenses
$0
$930
$0
$0
$0
$930
95% Construction Documents
$6,447
$28,542
$14,220
$2,966
$3,540
$55,715
95% Design Site Visit Labor
$0
$2,580
$0
$0
$0
$2,580
95% Design Travel Expenses
$0
$930
$0
$0
$0
$930
100% Signed Permit Documents
$8,596
$6,610
$7,200
$495
$590
$23,491
Total Design Services
NIC or Completed
LSFF
LSFF
T&E
LSFF
LSFF
T&E
LSFF
$21,490 $70,715 $37,260 $9,890 $11,800 $151,155 Mixed (as noted)
Key: LSFF = Lump Sum Fixed Fee, T&E = Time and Expense, NTX = Time and Expense Not to Exceed, NIC = Not in Contract.
BASIC ASSUMPTIONS
The purpose of this project is to replace four (4) Automatic Transfer Switches (ATSes) and remove two (2) elevator ATSes at Providence Kodiak Island Medical Center (PKIMC).
As required for a hospital environment, our design will include detailed cut over sequences for replacement of each of the ATSes to minimize downtime to the greatest
extent practical. Cut over sequencing for critical branch, equipment branches (essential and non-essential), and life safety ATSes will require multiple steps and extensive
coordination to ensure that patient care is not impacted during the replacements. In addition to showing the existing and revised equipment configuration in the drawings,
we will detail routing and connections of temporary feeders for each step of the cut over sequences.
We've included engineering and design for a portable load bank with the infrastructure and facilities to connect it to the existing generator plant to facilitate generator
testing in accordance with NFPA 99 and NFPA 110 requirements.
We've also included engineering and design time to account for the proposed Kodiak Community Health Center (KCHC) expansion project which may require the addition of
an additional vertical section in the new generator switchboard provided under this ATS project and feeding an additional ATS provided under the KCHC project.
Our deliverables will include one set of PDF design documents at the end of each design phase. Design documents will include drawings and specifications based on CSI 49
Division format.
Our Standard Rate Schedule applies to all additional services. The prevailing rate schedule will apply to all services provided on a Time & Expenses basis. Any task or service
with a zero total can be added as an additional service if requested.
One set of electronic PDF drawings will be transmitted at the end of each phase. Interim plots will be electronic PDF drawings. Hardcopy bond drawings can be provided as
an additional service upon request.
A portion of expenses and other costs will be charged at each applicable phase. Expenses are provided on a T&E basis and calculated with no markup applied.
No markups have been applied to sub -consultants' fees per Providence request/usual practice.
Our design fee includes two (2) design site visits (at the 65% and 95% phases) to Kodiak from Anchorage as well as the travel costs associated with each one (1) overnight trip.
Time for two (2) meetings has been included to take part in the City of Kodiak's Architectural Review Board (ARB) meetings at the 65% DD level and the 95% CD level.
Time for a rough -order -of -magnitude engineer's estimate has been included. A detailed cost estimate from a professional cost estimator is not part of the desired scope and
has not been included.
Construction and commissioning services, if desired, can be negotiated at your convenience at a later date.
Thank you for selecting AMC Engineers to work with you on this project!
Adams, Morgenthaler and Company, Inc.
we
E N G I N E E R S
2026 RATE SCHEDULE
A. The following rates are effective January 1, 2026
Principal Engineer 8
Senior Engineer 7
Senior Engineer 6
Project Engineer 5
Engineer 4
Staff Engineer 3
Staff Engineer 2
Staff Engineer 1
Senior BIM/CAD Specialist
BIM/CAD Specialist
Administrative Support
Expert Witness and Related Services
701 East Tudor Road, Suite 250
Anchorage, AK 99503 1 907.257.9100
2950 Newmarket Street, Suite 101 PMB 265
Bellingham, WA 98226 1 360.255.7235
amc-engineers.com
Straight Time
Rate Per Hour
$250.00
$230.00
$210.00
$195.00
$185.00
$170.00
$155.00
$140.00
$160.00
$135.00
$100.00
By Negotiation
B. Expenses for direct reimbursable items, such as the following, will be billed at cost x 1.10:
1. Expenses incurred in necessary travel.
2. Third party subcontracts.
C. Travel by company furnished automobiles will be billed at the current IRS approved rate. (Area within
Municipality of Anchorage and Whatcom County is excluded.) Charges for air travel will be billed at
the prevailing commercial coach airfare in effect at the time of booking.
D. Billings are normally calculated from the first through the end of each month. Monthly invoices are
mailed the second week of the next month. Payments are due three weeks from the date of invoice.
Adams, Morgenthaler and Company, Inc.
701 East Tudor Road, Suite 250
we Anchorage, AK 99503 1 907.257.9100
E N G I N E E R S 2950 Newmarket Street, Suite 101 PM 265
Bellingham, WA 98226 1 360.255.7235
amc-engineers.com
STANDARD TERMS AND CONDITIONS
The following Standard Terms and Conditions apply to services rendered to CLIENT by Adams, Morgenthaler
and Company, Inc., dba AMC Engineers to include principals, officers, employees, agents, insurers, assigns,
predecessors or successors in interest (AMC), unless specifically modified in writing with reference to item
number. AMC agrees to no other terms and conditions which have not been approved by AMC in writing.
Acceptance of additional Terms and Conditions does not automatically waive the following Terms and
Conditions, but instead adds to them. This agreement is between AMC and CLIENT. There are no third party
beneficiaries to this agreement.
1. AMC carries Professional Liability Insurance (PLI) to cover losses arising out of its own professional
negligence. The PLI does not cover (and AMC shall not be liable) against any other standard of
performance. AMC is bound by its PLI carrier to comply with numerous terms and conditions, the
violation of which may compromise or cancel protection of PLI to the detriment of both CLIENT and
AMC. Any Contract with CLIENT or OWNER which may ensue will be submitted to our PLI carrier for
review. The carrier's comments shall be incorporated in our agreement to ensure PLI coverage is not
compromised by the contract to protect both CLIENT and AMC.
2. AMC shall not be held liable for the negligence or other acts of any other party, including CLIENT,
Contractor(s), the public and other consultants. CLIENT is cautioned and advised to place whatever
insurance is required to cover risks not covered by AMC's PLI and general liability insurance.
3. CLIENT agrees that to the fullest extent permitted by law, AMC's total liability to all parties for any and
all claims, losses, expenses or damages whatsoever arising out of or in any way related to services
rendered by AMC or its consultants from any cause or causes including, but not limited to, AMC's
negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed
the total compensation received by AMC for the specific services. In no case shall AMC's liability exceed
the percentage share that AMC's negligence bears to the total negligence of CLIENT and all others.
4. Verification of data supplied by others. AMC has no control over information supplied by others (CLIENT,
utilities, other consultants, etc.). We will assume that information supplied by others is accurate unless
separate line item professional services for verification of data are included in our project scope.
5. NOTICE: Documents and drawings prepared by AMC are instruments of professional service, and
information contained therein is intended to be used in conjunction with AMC's interpretations,
decisions, observations and administrations. Use or reproduction of these documents or drawings in
whole or in part without AMC's consent is in violation of common law, copyrights, statutory and other
reserved rights. Refer to Act 17 U.S.C., Section 511 (1991), which preempts state and local public
records act. Refer to Act 17 U.S.C., Section 301 (1991). CLIENT is advised that retaining any consultant
for less than complete services increases the likelihood of improper interpretations of documents,
delays, conflicts and other damages which could be minimized or prevented if complete services were
provided. AMC recommends that complete professional services including Submittal Review,
Construction Observation and Commissioning be provided to CLIENT by AMC. AMC assumes no liability
for CLIENT's election of less than full services.
6. If asked to "Certify" any aspect of any work provided by AMC or any other party, the following definition
shall apply: The word "certify" as used in its various forms is understood to be an expression of
Adams, Morgenthaler and Company, Inc
Standard Terms and Conditions
professional opinion by AMC which is based on its best knowledge, information and belief. As such, it
constitutes neither a guarantee nor warranty, expressed or implied.
7. AMC shall not "supervise" work of Contractor(s), and shall have no control over Contractor's work,
including the right to stop work. Furthermore, AMC shall not be liable for "Inspection" services. AMC
will provide, when retained, "Construction Observation" services with observation to ascertain that the
work is generally proceeding in accordance with the plans and specifications. The Contractor shall be
responsible for initiating, maintaining and supervising safety precautions and programs in connection
with the performance of this Contract.
8. Review of shop drawings and submittals by AMC is for general conformance with the plans and
specifications and to advise the CLIENT so that CLIENT may direct the Contractor accordingly. By
acceptance of this proposal the CLIENT acknowledges that the nominal review fee paid for this service
is not intended to be an insurance policy against errors and omissions of the Contractor. Submittals will
not be exhaustively checked for dimension or fit, or for proper technical design of manufactured
equipment. Our review does not relieve the Contractor from the responsibility to comply with the
Contract Documents. Provision of a complete and satisfactory working installation is the responsibility
of the Contractor.
9. AMC is not expert and has not been specially trained to recognize the many forms of asbestos, hazardous
materials, and/or pollution which may exist; if asbestos, hazardous materials or pollution is found on the
site and recognized as such, all related services will cease without penalty to AMC and the Owner will
then be obligated to determine what course of action is to betaken. Recognizing that the CLIENT is the
ultimate Owner of all materials which may cause pollution, including asbestos and hazardous materials,
the CLIENT agrees to hold AMC harmless and further specifically agrees not to bring claims against AMC
arising from the services of AMC or the work of others related to hazardous materials, pollution related
activities and/or asbestos, to the fullest extent permissible by law, regardless of any action or omission
(active, passive or comparative negligence included) on the part of AMC.
10. Although AMC prides itself on having a good reputation, AMC makes no guarantees or warranties
express or implied that work will be without error or flaw in judgment, or that the work will conform to
the highest imaginable standards. AMC will exercise a reasonable degree of professional care in the
execution of its responsibilities.
11. CLIENT, OWNER and AMC agree that one or more statutes of limitation and/or repose may apply to
claims arising from the project. Without limiting the foregoing, OWNER and AMC specifically agree that
there is no agreement, under these Terms and Conditions or otherwise, for a "longer period of time"
under the meaning of AS 09.10.055(c)(3), in which any person or entity may bring any claim against AMC
(or any of AMC's principals, officers, employees, agents, insurers, assigns, predecessors or successors in
interest), which claim arises in whole or in part from the services of AMC. OWNER represents and
warrants that it will not enter into any agreement or take any other action which has the effect of
extending any applicable period in which any claim may be brought againstAMC, by any person or entity.
12. Any applicable statute of limitations shall commence, and any alleged cause of action shall be deemed
to accrue from the relevant date of substantial completion of the work.
13. If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be
settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation
before resorting to arbitration, litigation, or some other dispute resolution procedure.
Adams, Morgenthaler and Company, Inc.
Vol. FY2026, No. 21
Kodiak Island Borough
Assembly Newsletter
May 08, 2026
At Its Regular Meeting Of May 7, 2026, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, June 4, 2026,
At 6:30 p.m. In The Borough Assembly Chambers.
PROCLAIMED The Month Of May 2026 As Building Safety Month In The Kodiak Island Borough And
Encouraged All Citizens To Join And Participate In Building Safety Month Activities
PROCLAIMED The Week Of May 3 - 9, 2026, As 57th Annual Professional Municipal Clerks Week
Recognizing And Extending Further Appreciation To Our Professional Municipal Clerks, Borough Clerk
Nova Javier, Deputy Clerk Lina Cruz, And Irene Arellano, And To All Professional Municipal Clerks For
The Vital Services They Perform And Their Exemplary Dedication To The Communities They Represent
VOICED PROTEST To The State of Alaska Alcohol And Marijuana Control Office New Restaurant Or
Eating Place License For Nuniaq, LLC REPL Application No. 60432, Subject To Rescission, And Direct
The Clerk To Notify AMCO And The Licensee
ADOPTED Ordinance No. FY2026-24, Rezoning USS 3099 Lot 21 Sublot 6 From R1 Single Family
Residential District To PL Public Use Lands District
AUTHORIZED The Borough Manager To Execute Contract No. FY2026-45, Change Order No. 1, For
Landfill Soil Remediation With Brechan Construction In The Amount Of $7,313.77
AUTHORIZED The Borough Manager To Execute Contract No. FY2026-59, 100% Design Of Providence
Kodiak Island Medical Center's Reverse Osmosis And Steam Generator System With AMC Engineers
At A Cost Of $73,090
FAILED TO AUTHORIZE The Borough Manager To Execute Contract No. FY2026-60 100% Design Of
The Providence Kodiak Island Medical Center's Air Handling Unit 1 System With Added Alternate 1 -
Roof Top Unit For Kodiak Community Health Center With HZA Engineering Solutions At A Cost Of
$198,250
AUTHORIZED The Borough Manager To Execute Contract No. FY2026-61 100% Design Of The
Providence Kodiak Island Medical Center's Automatic Transfer Switches With AMC Engineers In The
Amount Of $151,155
*CONFIRMED The Mayoral Appointment Of Assembly Member Caroline Roberts As An Alternate To The
School District Budget Advisory Committee
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