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FY2027-10 Landfill Closure/Post Closure Memo for FY2026 with JacobsJacobs Patricia Valerio Project Manager Engineering and Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 June 25, 2026 FY2027-1 0 3800 Centerpoint Drive, Suite 920 Anchorage, Alaska 99508 United States T +1.907.762.1500 www.jacobs.com Subject: Proposal for Preparation of FY2026 Landfill Closure/Post-Closure Memorandum Dear Patricia, The purpose of this letter is to provide scope and fee for preparation of the FY2026 Closure/Post-Closure memo for the Kodiak Landfill. The scope of work is to calculate and document the annual contribution for closure using the established formula. The following assumptions apply to this proposal: 1. Kodiak Land Surveying (KLS) has provided their survey and volume estimates of the current waste placement in Cell 1 of the lateral expansion. Jacobs will calculate the percent of landfill capacity utilized from the KLS survey. 2. Jacobs will calculate the FY2026 annual contribution to closure using the established percent capacity utilized formula and the updated closure and post -closure costs. 3. To update the closure cost, Jacobs will start with the 2025 cost estimate and update to 2026 dollars. 4. Deliverable will be a 2 -page memo in same format as the FY2025 memo, electronic PDF delivery. 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. The estimated price for this task is $3,500. If you have any questions about this, please contact me via email at cory.hinds(o-)iacobs.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 Laura Gergely Manager of Projects Patricia Valerio June 25, 2026 Page 2 of 2 Billing Rate Schedule .. Classification 2026 Rate Professional & Project Management Specialist $275 Senior $244 Career $208 Associate $188 Intermediate $156 Entry $125 Administration & Support Senior $130 Career $114 Intermediate $104 Global Delivery Center Specialist $160 Senior $135 Intermediate $110 Notes: * Hourly rates are subject to annual escalation beginning January 2027. ** As Jacobs staff are promoted, they will be remapped against this rate schedule. *** If subject matter resources are required outside of the proposed team, specialty rates may be added to the schedule. **** A 10% markup will be applied to subconsultant costs. No markup will be applied to Jacobs direct expenses. Jacobs .;acobs AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN JACOBS ENGINEERING GROUP INC. AND KODIAK ISLAND BOROUGH AGREEMENT FOR PROFESSIONAL SERVICES TABLE OF CONTENTS ARTICLE 1 General Obligations of Jacobs ARTICLE 2 General Obligations of Client ARTICLE 3 Compensation ARTICLE 4 Payments ARTICLE 5 Period of Service ARTICLE 6 Changes in Scope of Services ARTICLE 7 Warranty ARTICLE 8 Indemnification ARTICLE 9 Limitation of Liability ARTICLE 10 Insurance ARTICLE 11 Relationship of Jacobs to Client ARTICLE 12 Personnel ARTICLE 13 Ownership of Instruments of Service and Data ARTICLE 14 Permits and Licenses ARTICLE 15 Adherence to Laws ARTICLE 16 Nondisclosure of Proprietary and Confidential Materials ARTICLE 17 Certification or Sealing of Instruments of Services by Professional Jacobs ARTICLE 18 Force Majeure ARTICLE 19 Project Delay ARTICLE 20 Construction Phase Services ARTICLE 21 Governing Law ARTICLE 22 Alternate Dispute Resolution ARTICLE 23 Notices and/or Communications ARTICLE 24 Miscellaneous File: APS — JPMCO (3-26-2024) 1 1 2 2 2 3 3 4 4 4 5 5 5 E 6 6 7 7 8 8 9 9 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and executed as of the day of , 20_ by and between JACOBS ENGINEERING GROUP INC., with a place of business at 3800 Centerpoint Ave., Suite 920, Anchorage, Alaska 99503 (hereinafter called "Jacobs") and KODIAK ISLAND BOROUGH, an unincorporated borough, with a place of business at 710 Mill Bay Road, Kodiak, Alaska, 99615 (hereinafter called "Client"), collectively referred to herein as "Parties", provides as follows: ARTICLE 1 GENERAL OBLIGATIONS OF JACOBS The description of the Client's project (the "Project") and scope of services (hereinafter "Services") to be provided to Client is stated in a formal Proposal from Jacobs dated June 26, 2026, Re: "Proposal for Preparation of FY2026 Landfill Closure/Post-Closure Memorandum" (the "Proposal"). The Proposal is made a part of this Agreement by reference. ARTICLE 2 GENERAL OBLIGATIONS OF CLIENT Client shall provide Jacobs full information regarding Client's requirements for the Project and shall provide information regarding existing facilities, such as drawings, as -built drawings, legal description, easements, rights of way, agreements with any utilities, or any other information in Client's possession which is necessary or useful in connection with the Project. Client shall appoint a representative that will have the authority to make decisions on behalf of Client regarding the Project. Client shall make decisions regarding the Project in a timely manner. ARTICLE 3 COMPENSATION Jacobs will be compensated for Services as set forth in the Proposal. ARTICLE 4 PAYMENTS Jacobs will submit monthly invoices for compensation and expenses by electronic transmission. Payments will be due within 30 days after receipt of invoices and shall be made by electronic funds transfer to the bank and account designated in the invoice. Past due amounts will accrue interest at one and one-half percent (11/2%) per month, without limiting other remedies. File: APS — JEG (3-26-24) Page 1 of 10 In the event Client does not make payments as required herein, in addition to any other remedy available to Jacobs, including but not limited to termination, Jacobs shall have the right to suspend its performance on the Project and await receipt of all payments and interest then due before resuming performance. Jacobs shall be entitled an extension of time for the period of suspension. During any suspension, Jacobs shall have the right to terminate the Agreement for non-payment. ARTICLE 5 PERIOD OF SERVICE Jacobs shall make its best efforts to complete its Services for the Project within the time period set forth in the Proposal. ARTICLE 6 CHANGES IN SCOPE OF SERVICES Client may, at any time, make changes in the scope of Services for the Project or in the definition of Services to be performed. In the event Client notifies Jacobs of its desire to make a change in the scope of Services that may change the cost of performance, Jacobs shall, within ten (10) working days after receiving such notice, give Client notification of any potential change in price for the Services. Equitable adjustments to price and time of performance resulting from scope of Services changes will be negotiated and upon mutual agreement by Client and Jacobs, this Agreement will be modified by a written instrument, signed by both parties, to reflect the changes in scope of Services, price and schedule. ARTICLE 7 WARRANTY A. Jacobs warrants that its Services will be performed in accordance with generally accepted standards in the industry. Following completion of its Services and for a period of twelve (12) months thereafter, if the Services provided hereunder do not conform to the warranty above stated and the same is reported to Jacobs by Client in writing promptly after recognition thereof, Jacobs shall, at no cost to Client, furnish Services required in connection therewith as soon as reasonably possible after receipt of such report from Client; and Jacobs shall have no liability for costs related to the repair, replacement, addition or deletion of materials, equipment or facilities as a result of such failure to conform to the above -referenced warranties, which costs shall be deemed costs of the project, whether incurred during performance of the Services or after completion of the Services. B. Jacobs's warranties shall not apply to any defect which results from: ordinary wear and tear, misoperation, corrosion or erosion, noise levels, operating conditions more severe than those contemplated in the original design, or a defect in a process or mechanical design or equipment furnished or specified by Client or others. C. All representations, warranties and guarantees made by Jacobs in connection with its Services are limited to those set forth in this Article 7. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. For any deficiencies in the Services, Client shall be restricted File: APS — JEG (3-26-24) Page 2 of 10 to the remedies expressly set forth in this Article 7; such remedies are Client's sole and exclusive remedies for deficiencies in the Services and Client hereby waives any and all other remedies, whether at law or in equity, and regardless of whether the claim is asserted under contract, tort (including the concurrent or sole and exclusive negligence of Jacobs), strict liability or otherwise. ARTICLE 8 INDEMNIFICATION A. Jacobs will defend, indemnify and hold the Client harmless from all claims, liabilities, demands, costs, expenses (including attorneys' fees) and causes of action arising out of third - party claims for bodily injury (including death) and damage to tangible property to the extent caused by a negligent act or omission of Jacobs, its employee or subconsultant. B. The Client hereby agrees to release, waive all rights of subrogation against, defend, indemnify and hold Jacobs harmless from all claims, liabilities, demands, costs, expenses (including attorneys' fees) and causes of action arising out of bodily injury (including death) to any person or damage or loss to any property ("Harms"), irrespective of Jacobs's fault (including, without limitation, breach of contract, tort including concurrent or sole and exclusive negligence, strict liability or otherwise of Jacobs), when the Harms result from (i) the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; (ii) errors or omissions in Jacobs's Services due to Jacobs being required, directly or indirectly, by Client to take certain actions contrary to the recommendations of Jacobs; (iii) errors or omissions in Jacobs's Services while assisting in the commissioning, start-up or operation of Client's facilities; and (iv) the acts, errors, omissions or negligence of Client, its employee or other contractor. ARTICLE 9 LIMITATION OF LIABILITY The total aggregate liability of Jacobs arising out of the performance or breach of this Agreement shall not exceed twenty-five percent (25%) of 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 (direct or indirect); operating costs and facility downtime; or other similar business interruption losses, 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. The Parties agree that the limitations of liability and waiver of damages as set forth herein shall not be interpreted as a form of indemnification. File: APS — JEG (3-26-24) ARTICLE 10 Page 3 of 10 INSURANCE A. During the term of this Agreement, Jacobs shall, maintain in force policies of insurance of the following types: 1. Workers' compensation coverage in accordance with the statutory requirements of the jurisdiction in which services are to be performed. 2. Employer's liability insurance with a limit of $250,000 each accident, each employee disease and policy limit. 3. Commercial General Liability Insurance, subject to a limit for bodily injury and property damage of $1,000,000 per occurrence and in the aggregate. 4. Automobile liability insurance subject to a combined single limit for bodily injury and property damage, of $1,000,000 each accident. B. Upon request from the Client, Jacobs shall furnish Acord certificates of insurance evidencing the insurance coverages required in this Article 10. ARTICLE 11 RELATIONSHIP OF JACOBS TO CLIENT Jacobs shall be and shall operate as an independent contractor with respect to the Services performed under this Agreement and shall not be nor operate as an agent or employee of Client. This Agreement is not intended to be one of hiring under the provisions of a Workers' Compensation statute or other law and shall not be so construed. ARTICLE 12 PERSONNEL Jacobs agrees that during Jacobs's performance of Services hereunder, adequate provision shall be made to staff and retain the services of such competent personnel as may be appropriate or necessary for the performance of such Services. Client shall have the right to review the personnel assigned by Jacobs, and Jacobs shall remove any personnel not acceptable to Client. Jacobs may remove personnel assigned to the Project without Client's prior approval, provided the progress of the Services shall not be unreasonably impaired. ARTICLE 13 OWNERSHIP OF INSTRUMENTS OF SERVICE AND DATA A. Client agrees to defend, indemnify and hold harmless Jacobs and its employees from and against claims resulting from re -use of the design data, drawings, estimates, calculations and specifications prepared by Jacobs ("instruments of service") on extensions of the project or at a location other than that contemplated by this Agreement. Client is advised that should Client re -use the instruments of service at another location, the instruments of service should File: APS — JEG (3-26-24) Page 4 of 10 be reviewed and sealed by Client or an engineer licensed in the jurisdiction where the instruments of service are sought to be re -used. B. All materials and information that are the property of Client and all copies or duplications thereof shall be delivered to Client by Jacobs, if requested by Client, upon completion of Services. Jacobs may retain one complete set of reproducible copies of all of its instruments of service. ARTICLE 14 PERMITS AND LICENSES Jacobs represents to Client that it has and will maintain during the performance of the Services under this Agreement any permits or licenses which, under the regulations of federal, state, or local governmental authority, it may be required to maintain in order to perform the Services. ARTICLE 15 ADHERENCE TO LAWS Jacobs shall adhere to federal, state, and local laws, rules, regulations, and ordinances applicable to performance of the Services hereunder including, without limitation, all applicable provisions of federal and state law relating to equal employment opportunity and non-discrimination. ARTICLE 16 NONDISCLOSURE OF PROPRIETARY AND CONFIDENTIAL MATERIALS Client and Jacobs agree that any disclosure will be made on the following basis: A. Confidential Client Information ("Primary Data") disclosed to Jacobs which is identified in writing by Client as proprietary to Client shall be: (1) safeguarded, (2) maintained in confidence, and (3) made available by Jacobs only to those of its employees or others who have a need -to -know and agree to equivalent conditions pertaining to nondisclosure as contained herein. B. Upon completion of the Project or sooner if Client so requests, Jacobs shall return to Client's representative all Primary Data furnished to Jacobs under this Agreement and shall, if requested, deliver to the Client's representative all drawings, schedules, calculations, and other documents generated by Jacobs for use in connection with the Project ("Secondary Data"). C. Jacobs shall not use for itself or to disclose to third parties any Primary Data or Secondary Data without the prior written consent of Client. D. The nondisclosure obligations pertaining to Primary and Secondary Data shall terminate three (3) years from date Jacobs's association with this Project terminates. The nondisclosure obligations shall not apply to any data which: File: APS — JEG (3-26-24) Page 5 of 10 1. Was known to Jacobs (and previously unrestricted) before disclosure of Primary Data to Jacobs under this Agreement or before generation of Secondary Data; 2. Is subsequently acquired by Jacobs from a third party who is not in default of any obligation restricting the disclosure of such information; or 3. Is subsequently available or becomes generally available to the public. E. Notwithstanding this nondisclosure obligation, Jacobs may nevertheless draw upon its experience in its future association with other clients. ARTICLE 17 CERTIFICATION OR SEALING OF INSTRUMENTS OF SERVICE BY PROFESSIONAL JACOBS All specifications, drawings, and other engineering documents that are prepared by Jacobs shall be certified or sealed by a registered professional engineer. Such certifications or seals shall be valid for the state in which the specifications, drawings, or other engineering documents are to be used or applied. ARTICLE 18 FORCE MAJEURE Any delays in or failure of performance by Jacobs or Client, other than the payment of money, shall not constitute default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond the reasonable control of Client or Jacobs, as the case may be, including but not limited to, acts of God, the public enemy or pandemics; compliance with any order or request of any governmental authority; fires, floods, explosion, accidents; riots, strikes or other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or kind as those specifically named above, which are not within the reasonable control of Client or Jacobs respectively. 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. ARTICLE 19 PROJECT DELAY If Jacobs's proposal calls for provision of its Services under a guaranteed maximum price, fixed fee, or stipulated lump sum basis and Jacobs's work on any phase of the Services is extended by one or more force majeure events or other delays not attributable in whole or in part to the fault of Jacobs, then the guaranteed maximum price, fixed fee, or stipulated lump sum, as the case may be, shall be equitably adjusted. File: APS — JEG (3-26-24) ARTICLE 20 CONSTRUCTION PHASE SERVICES Page 6 of 10 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's action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in Jacobs's 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 or for substantiating instructions for installation or performance of equipment or systems designed by the construction contractor, all of which remain the responsibility of the construction contractor. Jacobs's review shall not constitute approval of safety precautions or of construction means, methods, techniques, sequences or procedures. Jacobs's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 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. D. All services performed by others, including construction contractors and their subcontractors, shall be warranted only by such others and not by Jacobs. E. 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. ARTICLE 21 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. ARTICLE 22 ALTERNATE DISPUTE RESOLUTION A. Client and Jacobs understand and appreciate that their long-term mutual interests will be best served by affecting a rapid and fair resolution of any claims or disputes which may arise out of this Agreement. Therefore, both Parties agree to use their best efforts to resolve all such disputes as rapidly as possible on a fair and equitable basis. Toward this end both Parties File: APS — JEG (3-26-24) Page 7 of 10 agree to develop and follow a process for presenting, rapidly assessing, and settling claims on a fair and equitable basis. B. If any dispute or claim arising under this Agreement cannot be resolved by the project managers for the Parties within thirty (30) days after they identified the problem, the Parties agree that either of them may refer the matter to a panel consisting of one (1) executive from each party not directly involved in the claim or dispute for review and resolution. A copy of the Agreement, agreed upon facts (and areas of disagreement), and concise summary of the basis for each side's contentions will be provided to both executives who shall review the same, confer, and attempt to reach a mutual resolution of the issue. C. If the dispute cannot be resolved under the process set forth in Section B, the Parties may elect to resolve the dispute through non-binding mediation. If mediation is to be utilized, the Parties shall select a single unrelated but qualified Mediator who shall hold a hearing (not to exceed half a day) during which each Party shall present its version of the facts (supported, if desired, by sworn, written testimony, and other relevant documents), its assessment of damages, and its argument. The Parties shall provide the Mediator with copies of all documents provided to their senior executives under Section B at least ten (10) days prior to the scheduled date of the mediation hearing. The Parties may also provide the Mediator with copies of any laws or regulations that they feel are relevant to the dispute. A copy of the Agreement and any disputed Purchase Orders will be provided to the Mediator. Formal written arguments, legal memorandum, and live testimony are discouraged but may be permitted at the discretion of the Mediator. Both Parties agree to make any involved employees or documents available to the other Party for its review and use in preparing its position under this clause without the need for subpoena or other court order. D. Following the mediation, the Mediator will meet with both Parties and provide each of them, on a confidential basis, with his/her views of the strengths and weaknesses of their respective positions. The Parties will then reconvene and, with the assistance of the Mediator, attempt to resolve the matter. If the Parties cannot achieve resolution on the day of the mediation hearing or within forty-eight (48) hours thereafter, the Mediator will, within fifteen (15) additional days, issue a written, non-binding decision on the issue. E. If the matter has not been resolved utilizing the processes set forth above and the Parties are unwilling to accept the non-binding decision of the Mediator, either or both Parties may elect to pursue resolution through litigation. In the event of any litigation between the Parties, it is agreed and stipulated that the case shall be heard and decided by the court, without a jury. F. The costs of the Mediator shall be borne equally by the Parties. Each Parry will bear its own costs of mediation. ARTICLE 23 NOTICES AND/OR COMMUNICATIONS All notices and/or communications to be given under this Agreement shall be in writing and shall be addressed as follows: To Jacobs To Client Original to: Cory Hinds, P.E. Original to: Patricia Valerio File: APS — JEG (3-26-24) Page 8 of 10 Position: Project Manager Address: Jacobs Engineering Group Inc. 3800 Centerpoint Ave, Suite 920 Anchorage, AK 99503 Email: cory.hinds@jacobs.com Copy to: Dorothy Javorsky Position: Contracts Manager Address: Email: dorothy.javorsky@jacobs.com Position: Project Manager Address: Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Email: pvalerio@kodiakak.us Copy to: Position: Address: Email: Either party may, by written notice to the other, change the representative or the address to which such notices, certificates, or communications are to be sent. Any notice or communication required in writing hereunder shall be given by registered, certified, or first-class mail (postage required) addressed to the parry at its address set forth above. The postmark date of notices sent by mail (except for confirmatory notices) shall be the date of notice. ARTICLE 24 MISCELLANEOUS A. Waiver. Waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way effect, limit, or waive such party's rights thereafter to enforce and compel strict compliance with all the terms and conditions of this Agreement. B. Severability. Any provision of this Agreement prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Agreement. C. Rights and Remedies. The specific remedies set forth in this Agreement, including but not limited to those remedies with respect to the quality of the Services performed by Jacobs hereunder, are the exclusive remedies of the Parties. D. Transfer of Ownership. Client represents that either it is the sole owner of the facilities which are the object of the Services or that it is authorized to bind and does bind all owners of such facilities to the releases and limitations of liability set forth in this Agreement. Client further agrees that any future recipient of any interest in the facilities and the Services will be bound by such releases and limitations of liability such that the total aggregate liability of Jacobs to Client and such recipients shall not exceed the limits of liability set forth in this Agreement. E. Time of Accrual. For services performed by Jacobs before substantial completion, all causes of action against Jacobs shall accrue and the statute of limitations shall commence to run no later than the date of substantial completion of the Project. For services performed by Jacobs after the date of substantial completion but before final completion of the Project, all causes of action against Jacobs shall accrue and the statute of limitations shall commence to run no later than the date of final completion. The Parties expressly agree that the discovery rule for purposes of accrual shall not apply. File: APS — JEG (3-26-24) Page 9 of 10 F. Publicity. Neither of the Parties shall make any press release, news disclosure or other advertising related to the Project that includes the name of the other party without first obtaining the written approval of the other party. G. Entirety of Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and discussions concerning the subject matter hereof. H. Third Party Beneficiary. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written. JACOBS ENGINEERING GROUP INC Name: Laura Gergely Title: Manager of Projects Date: File: APS — JEG (3-26-24) CLIENT: By: v Name: Aimee Williams Title: Borough Manager Date: 21 -J ti'w 2 -le Page 10 of 10 TEST: A wA M. Javier; MC Roroocoh Clerk DATE: 0(t ['-LqLg'(r 0 O SKA,