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HomeMy WebLinkAboutGHD Consulting Services IAWWTF Influent Bldg and Dewatering w Amendment 1 2013 2014 0001AGREEMENT AMONG CITY OF ITHACA, TOWN OF ITHACA AND TOWN OY DF.N AND GHD CONSULTING SERVICES INC. %%-�3-I"s THIS AGREEMENT is made this day of October, 2 , Y 013 among the CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street, Ithaca, New York 14850, the TOWN OF ITHACA a municipal corporation with offices at 215 N. Tioga St., Ithaca, New York 14850, the TOWN OF DRYDEN, with offices at 93 East Main Street, Dryden, New York 13053 her ( einafter collectively referred to as the Municipal Owners"), and GHD CONSULTING SE RVICES INC., a New York corporation with offices at One Remington Park Drive Ca �� zenovia, New !� g York 13035 (hereinafter referred to as the "Contractor"). WHEREAS, the Ithaca Area Wastewater Treatment Facilit y (IAWTF) is owned and operated by the Municipal Owners, with oversight provided p through a Special Joint Committee ("SJC") g composed of representatives p s from the three Municipal Owners; and WHEREAS, Contractor completed an engineering study dated August 2013 to evaluate alternatives and provide recommendations to improve ' p the IAWTF s influent building and dewatering system; and WHEREAS, on October 9, 2013, the SJC recommended approval pp of the Aug ust 2013 engineering report and recommended approval of a professiona l services contract with GHD Consulting Services Inc. to perform the final n phase of the recommend design recommended improvements at a cost not to exceed $274,000.00, contingent on approval by the Municipal Owners and attorneys; NOW, THEREFORE, the Municipal Owners and Contractor agree as follows: 1. Services to be Performed. Contractor agrees to perform the se rvices ervices described in Schedule A, which is attached hereto and made a part hereof, pursuant to the schedule described in Schedule A. 2. Fees. The Contractor shall be paid a fixed amount of Two Hundred Sixty -Six Thousand One Hundred Dollars and No Cents ($266,100.00) for services provided, including all travel, time and expenses associated with providing these services to the Municipal Owners. Payments will be made in accordance with the procedures in Section 5 below. 1 e t l 7 ` I y 1 \ 1 r 3. Term of Agreement. The term of this A d reement ,shall be from, October - + g 1 1, 91 2013 to July"31, 2014 unless, earlier terminated, by the Municipal Owners,, or,, ,,' dontractor. Notwithstanding,,the.1,term setforth, above this A reemenfi,ma tl be , f t �, I � � 1 y . { terminated, by, the Municipals Owners or, Contractor at any time without cause - f 'Upon ^ seven ` (7) days ,prior written notice to the other party', in which case 'the L' r Contractor shall, be paid pro' rats for the- satisfactory work performed to the date f 1 _ of termination. This Agreement may, be terminated ,,immediately by the Municipal Owners or, Contractor ,u on the, breach of an of its - terms b J the other party. . r 1 p Y Y p �Y Termination shall 1 be ,effected by- the breaching party's receipt', of, a, written notice, of term'ination -setting forth the manner 'in which 1 the party,is in default. In the I I g � 1 event of -Municipal, Owners' termination for Contractor's, default, the Contractor f will bepaid, onl "'for 'for services performed in accordance with this Agreement., If- it is YI p later ,determined by the Municipal Owners that the Contractor had'' an excusable reason for not erformin such as a -strike, 'fire, flood, or other events which are p g f 1 not the fault, of or are beyond- the control of Contractor, the Municipal Owners i may *allow the Co ' actor to continue - work, or - -treat the termination as' , a I r termination without cause.. Y f 1 1 t 4. Quali t of Work, The work to be performed hereunder shall be of good � 1 p g f workmanshipJ and quality. , If this Agreement is-for�fthe performance of services, - , the, Contractor shall t perform its services using that degree of skill and care - I . ordinarily exercised under similar conditions by experienced, qualified, competent and `reputable professionals, practicing in .the same field in the same' -or similar + f f , locality at the time of performance.) - - + r f + fl It h + + t 1 — ^ I 1 1 1 Iy 1 l f 5. Pavment for, Services., (Requests for payments for ' services shall be . submitted on the standard 1 Ci 'of Ithaca voucher and, will list the, activities or L tY J products, expenses, the dates ono which performed,, supplied or incu'rred,' an'd, � if ' I , applicable, the time spent on each indicated date forlwhich the Municipal Owners a are being billed. The vouchers shall be submitted to the, City on a. monthly basis and' shall be based �u on 'the' 1; ro ortion of the fixed amount) earned(the p p p percentage of work -,satisfactorily, completed through the dater indicated on the voucher). Municipal- Owners will pay for the''services and/or,, products after they ^ are -,reviewed and a proved by ih e City -on behalf of the'Municipal- Ownerstin pr , compliance,with their -statutory duties tto audit claims for payment.) In no event�will the total to Contractor ,exceed the 1 fixed amount stated in, Section 2 payments above. - Y - 'I ! 1 1 a I 6. Relationship, The Contractor ris, ` folr all purposes (including, ,without limitation, withholding of'income tax ,and I'payment of FICA taxes) an independent contractor and no employer-employeerelationshs intend " im ed,or created - I, {relationship iintended, _t� li Ip, It by this' Agreement: As an independent contractor, the Contractor shalll receive no fringe'benefits from the, Municipal Owners, including ' but) not limited to medical _ g 1 I insurance, 'retirement -benefits, workers' compensation; disability, unemployment insurance or any other benefits or remuneration other than that-, set forth in Section 2 above. Contractor shall 'deter the -times and ,,manner of _ 1 f 1 - 1 I ' , + f 1 /L L 2 ^ 1 I 1 1 1 \ 1 I V 1 1 f t y 1 ^ 1 f + 1 \ 1 1 1 f 3 ' + 1 + I ti J _ erformance ,of any services for the Municipal Owners hereunderconsistent with the overall obligations to, complete the work contemplated by this Agreement. Contractor shall' be free to 'devote such portions 'of its,time-not re� aired for the _ ,performance of --services to the_ Municipal Owners in such manner, as, Contractor, 1 sees fit and for I such other, persons, , firms,, or,. entities as Contractor deems advisable, provided that such other services do not constitute ra conflict of interest - with the interests of the Municipal Owners 7, Ownership -of of Products of Service. All work products of an services to p Y F + _ 1 , be performed hereunder shall be the property of the Municipal Owners,,'and the Municipal r Owners, are vested ' with all rights I therein, including the ,right to use,, +' duplicate, distribute, share or sell` such materials, without any further' r _r \ compensation _ of an nature to Consultant. If patents or copyrights may be p 1 Y Y obtained with respect to such ,work, the Municipal Owners shall own same and have all ' rights 'to same without further compensation to the Consultant. The Consultant also retains the right to use the work products. , 8. Insurance Requirements. - 4 1 A. Throughout the term of --this, "Agreement, 'Contractor shall procure and maintain the insurance described in this Section 8. V r r r B. Notwithstanding any terms, conditions, or provisions 'in- any other'writing - between the arties, Contractor hereby agrees to effectuate the, naming of the , I p Yrg + City of IIthaca ,_Town of Ithaca, Town of 'Dryden and Special Joint Committee as unrestricted additional insureds, on Contractor's insurance,, policies, with the exception of workers' compensation 'and` professional liability. C. The policies naming City,, t the, Ci ` of, Ithaca, Town of - Ithaca, Town of! D den 1 , , 1 + � rY { and Special'Joint- Comm ittee,as additional insureds shall: • Be,,,an insurance policy from an A.M. Best rated "secured"' I(or`better) T" New"YorkState admitted insurer. r 1 '• ' h e ontractor's_ coverage shall be rims coverage for the 1 1State that the C g p ry g } k'Ci of Ithaca,' Town of Ithaca, Town of Dryden, Special Joint Committee and z tY _ + their 'respect'ive Boards, officers, employees, members, agents and volunteers: ` { r + r rr t • ,The City of Ithaca, Town of Ithaca, Town of'Dryden den and Special Joint F >_ tY !�Y , p Committee - shall ,be listed as additional, insureds by using endorsement CG 2010 or broader.} The certificate 1 must state that this -endorsement is being r - used. If another endorsement is used, , a co shall be included with the copy , certificate of insurance,. - • -Be written, on an, occurrence) basis. � r r ' r - , i r 1 F f C 1` , 1 3 I r I r ^ t I 1 " D. The Contractor agrees to indemnify the Municipal Owners for any applicable deductibles. E. Required Insurance: Commercial General Liability Insurance $1,000,000 per, occurrence / $2,000,000 general and products/completed operations aggregates. The general aggregate shall apply on a per -project basis. • Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non - owned motor vehicles. • workers' Compensation, and N.Y.S. Disability Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability J Benefits Insurance for all employees. • Excess Liability $2,000,000 per occurrence / $2,000,000 aggregate, with the City of Ithaca, Town of Ithaca, Town of Dryden, and Special Joint Committee named as additional insureds. • Professional Errors and Omissions Insurance $1,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the Consultant performed under this Agreement. F. The insurance producer must indicate whether or not it is an agent for the companies providing the coverage. 1 G. Contractor acknowledges that failure to obtain such insurance on behalf of the Municipal Owners and SJC constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Municipal Owners. The Contractor is to provide the Municipal Owners with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the Municipal Owners to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the Municipal Owners. H. The Town of Ithaca and Town of Dryden are members/owners of the NY Municipal Insurance Reciprocal (NYMIR). The Contractor further It acknowledges, that the procurement of such insurance as required herein is intended to benefit not only the City of Ithaca, Town of Ithaca, Town of Dryden and SJC, but also the NYM I R, as the Town of Ithaca's and Town of Dryden's insurer. 11 r ` c r c r 2 { t r I + ! 1 1 1 ! i 1 r T + 9. Workers Compensation and Disabilitv Insurance.- Prior to execution of- 4 i Agreement, the Contractor shall resent to the Municipal Owners poof either A -,'this g I ,p , that the Contractor rovides` the levels, of workers' compensation and disability Ir coverage required b the,.State- of New York or that the Contractor is not,rrequired { g q Y ' to provide such coverage. For reference purposes only an informational sheet and sample forms from the New York State -porkers' compensation Board --are attached hereto in Schedule` B.- r 7 10.- Indemni .{ TThe Contractor agrees to fully' defend, indemnify and hold t I r harmless 'the Cityof , Ithaca, Town of Ithaca, Town of Dryden, SJC and, their { , respective elected officials, public officers, Boards, employees, members, and agents from and against all claims, actions,, suits, demands, damages, liabilities, { g , obligations, losses, settlements,, judgments, costs and � expenses (including 1 9 r - without limitation' reasonable,, attoiney's fees and costs), whether or not involving which an or all of them may incur,' resultirn + from bodily - a third party clam, w y Y g i death) to an person, damage(includinglossof use),to any property, �n�ur�es (or d ) y p � g other damage's, or contamination of for adverse effects on the environment, caused by the negligent or intentional wrongful acts or omissions of Contractor or - _ - contractor's employees, agents or subcontractors,- in connection with, this Agreement.- To the extent the Municipal Owners- are negligent; Contractor's duty to indemnify the Municipal Owners shall not !extend to the proportion of loss attributable to the Municipal Owners' negligence. For claims 'that, fall within the - scope of Contractor's rofessional liability insurance policy and no{ other professional insurance policy; Contractor's -duty to defend shall be limited to the -terms and r' r' conditions; of Contractor's professional liability, insurance policy (i.e., if Contractor's professional liability` insurance does! 'not provide for third, party, } _ defense of such claims, Contractor shall not have the'duty tot defend Municipal 1 Owners and the other entities listed above for such-'Iclaim,$). - 11. Nondiscrimination. The. Contractor shall not 'discriminate against any - e to ee applicant for employment,sub-contractor, supplier of materials- or mp Y ` �� pp. services, or program participant because of actual -or perceived:" age, ! creed, color,, disability, ethnicity, familial status, gender, height, immigration or citizenship -status marital, status, .national origin, race, religion, sexual orientation, socioeconomic status,' or weight., 1 12. Contractor Mav Not Assign.` This Agreement may not be assigned by the Contractor without the previous written consent to such assignment from the Municipal Owners, which, consent may be withheld, entirely at the discretion of the { LL Municipal Owners, it being understood that the Municipal', Owners are making this Agreement personally with the Contractor and -ate not intending that it be performed by any other person or entity. - 1 L 13. , Binding Nature of Agreement. This Agreement is binding- upon the 1 parties, their respective, representatives and successors alnd, when -assignment is permitted, assigns. ' 15 I ' I J r - 1 J l 1 1 J - • 1 ' 14. Governinq Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York without regard to, or the application of, New York State's choice of law provisions. The parties consent that if any action is brought to enforce this Agreement, it shall be brought only in an appropriate Court in Tompkins County, New York, and the parties consent to the jurisdiction of such court. 15. Notices. Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally or by commercial courier service upon the other parties at the addresses set forth above, or if mailed by certified mail to the other parties at the addresses set forth above, return receipt requested. All notices shall be effective on a party upon the date of receipt. Any _party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other parties. 16. Entire Aqreement. This Agreement constitutes the entire agreement among the parties and supersedes any and all prior written or oral agreements, negotiations or understandings, existing among the parties. This,Agreement may be amended only by written instrument signed by each party. 17. Survival. The rights and obligations of the respective parties under Section 10 (Indemnity), Section 13 (Binding Nature of Agreement), Section 14 (Governing Law, Jurisdiction, and Enforcement), and Section 18 (Claims and (Disputes Arbitration) shall survive the expiration or termination (for any reason) of this Agreement and remain in full force and effect. 18. Claims and Disputes Arbitration. The Municipal Owners may elect to subject disputes arising out of this Agreement to resolution by mediation or arbitration or litigation. This election can be made at any time up until sixty (60) days after the claim or dispute arises in writing. If the Municipal Owners do not make an election, the dispute shall be subject only to litigation. Unless otherwise agreed by the parties at the time ,of such election, the rules governing mediation or arbitration invoked by the Municipal Owners shall be the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Contractor hereby waives the right to elect the method of dispute resolution and agrees that this waiver is supported by sufficient and appropriate consideration. 19. Severability. If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signed with the invalid portion so modified or eliminated. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. CITY OF ITHACA By: j4 ly)ot; �L-- Svante L. MyrickC Mayor TOWN OF ITHACA in Herbert J. Engman Supervisor TOWN OF DRYDEN Date: Date: g '� -; �� -�, r- =,yam �---Date: ! is Y• �✓� Mary Arm' inner Supervisor y, Date: Linda Lavine Councilp� on t By, � -� Date: Jas Leif Co cilperson By: Date: Jo ep of on ou ilp on Date: Stephen Stelick�Jr. Councilperson GHD CONSULTING SERVICES INC. By: � � �1.� - � Date: B ce G. M n, P.E. Service Group Manager -Wastewater s a ♦ �f / 1 � 1 ' l IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. - /��11� CITY of ITHACA r t � 1 4 t 1 By. 1 � Date: Svante L. Myrick 1 i Mayor - r 1 - 1 TOWN OF ITHACA _ 1 By : Date: 13 l-lerbe . J.n n t dupe isor 1 1 1 k TOWN OF DRYDEN( 1 _ By: } 1 Date: Mary Ann Sumner - Supervisor 1 By: J Dat6: - Linda Lavine 1 , r Councilperson 4 4 l By: r 1 Date: Jason Leifer Councilperson ' 1 ,1 _ 4 1 11 1 � 1 z t By: Date: Joseph Solomon Councilperson' J By: r Date: Stephen Stelick, Jr. Councilperson r GHD CONSULTING SERVICES INC. i A r r By: Date: ruse G. Mu n P.E. Service Group anager-Wastewater 8 t ! ) 1 f 1 f { r 1 l - 1 1 I A Y l Schedule A - 1 1 1 INFLUENT BUILDING AND'DEWATERING SYSTEM IMPROVEMENTS I FINAL DESIGN PHASE SERVICES - CITY OF 'ITHACA, NEW YORK T REVISED NIOVEMBER'12, 2013 J , Scope of Services -CONTRACTOR and-tho MUNICIPAL OWNERS agree that the Scope of Services for this project consists - of the engineering services described herein. 1 The scope of work ,for this, project 'includes Final Design Phase engineering, services,, including preparation of Contract Documents for 'improvement of the, Influent Building of the, Ithaca Area Wastewater Treatment Facility (IA\NWTF),. The project generally includes the following goals: r • Replace existing influent ' mechanically cleaned bar screen's and provide washer and' compacters in _ the Influent Building. " 1 i y t I ♦ 4 1 t 1 • r{S , r f 4 I t 4 Improve working conditions (lighting and painting) in the Influent and Screening Rooms of the Influent - Building _ V I i r r r' • Augment existing (belt filter press with new screw press dewatering units in the Solid Handling Building. - CONTRACTOR will ^complete, Final Design ,Phase engineering services for improvement of the Influent Building `and dewater-in`g system of the IAWWTF as (described,below: -' 1 s 1. Task 'I - Kick -Off Meeting _ Y ' 1 , a 1 I 4 4 I L CONTRACTOR will conduct a kick-offf n6eting with the MUNICIPAL OWNERS to review the project goals,,, scope, critical success factors, , detailed coordination, schedule, team, roles and responsibilities. Meeting minutes will be prepared and distributed.' - - - .1 / I c , 1 r 2. Task`2 - Dewatering Equipment Evalluation. ` CONTRACTOR will 1 assist the MUNICIPAL OWNERS with obtaining budgetary,price quotations and anticipated performance guarantees for, screw press type dewatering equipment prior to final _ design., Following receipt of information ,from vendors, CONTRACTOR will complete a cost analysis of dewatering equipment that considers pilot test performance, .operation and maintenance costs, and capital costs,.{t On the basis of this analysis, CONTRACTOR will recommend dewatering equipment manufacturers) to be included in the final design documents. Specific tasks include: T r la. Complete evaluation of up to three, potential dewatering',system vendors including: - Capital construction costs l • Operation, and Maintenance costs forlelectrical and chemical • Sludge disposal cost (based on pilot test performance) b. Distribution of requests for information to selected screw., manufacturers. { ; p_ c. Prepare revised equipment layout drawings. - t 1 t r 11 ,_ d. Attend meeting with MUNICIPAL OWNERS to present results and -recommendations. f 1 , e. Selected manufacturers will be incorporated into the construction Contract Documents. , f , 1 f r 1 I 1 1 F 1 N IUSICazer'wvia\ProjectslGroupslAdmmis"bon\ Agreements\201311thaca (C) - Engin' eenng Report- Schedule A #3711064 dom A-1 _ f f l r >• r , I - ,, 1 1 I i L 1 ' r 1 f 1 1 1 1 I 1 l 1 7 1 ] I 1 t I 1 I n h r 1 v y f ]+ 1 a 3. `Task 3 - Final Dlesigw Influent�Buildin and Dewaterin !S stem Im rov ti g g Y p ements. t Y ! 7 t a ! „ Y L I The, final design -will include: 1 1 I ' 0 • Installation of two new mechanically cleaned bar screens with screenings ,and compactors., Y n ] p _ _ t _ 1 I New lighting and painting to the Influent Room and Screenings Room. - 1 7 g A Y • Installation of - up to two,,new screw, presses and associated s feed- um polymer, p pi,purops, piping, conveyors, and drain piping and controls. - I I lt,t 1 - I • Purchase of screw ` press will, be by `stipulated) bid rice / as determined from equipment p procurement process. ,t I I I , r E t l 1 1 ( L Specific scope items include: I 7 ` I I f a. Attend, up to three site visits to similar installations for mechanically cleaned bar screens., r\ 5 t 1 1 I f b: Complete lead testing of the- existing Influent Bdilding and Solids Handlin6 'Buildin in the areas ,of proposed work. + I 9 g i c: Prepare final `drawings and specifications indicating the -scope, extent and character of work to 1 y be performed and furnished�y CONTRACTOR. s 7 lY . d.` Provide Contract Document submittals to the MUNICIPAL OWNERS at 60 percent, 95Ip ercent ,r p _ and 100 percent. - r e. Attend_i'design progress meetings with MUNICIPAL OWNERS at 60 ercent and 95 'percent - p p completion oint to review the Contract Documents. L p ,l a I I ! 1 f. Prepare and 1 furnish 195 percent complete bidding documents for, review by ( MUNICIPAL OWNER, S, its legal counsel, and other ,advisors and `assist MUNICIPAL OWNERS in the I preparation of other related documents. ` Y I g Revise the, bidding ',documents in, accordance with'' comments and instructions fr om the ` MUNICIPAL OWNERS, as appropriate, - and submit electronic .pdf copies of the 'bidding documents and an Opinion `of Probable (Construction_ Cost to the MUNICIPAL OWNERS within thirty calendar days after receipt of MUNICIPAL-OWNERS's comments and instructions. I l1 I I r — t h. ,Submit the 100 : percent Contract Documents to the New York -State De artment of I P P Environmental, Conservation (NYSDEC} .for review and approval. -; 1 r \ L Respond to NYSDEC comments on 100 percent complete,, Contract Documents I within ' thi rtY calendar days after receipt of MUNICIPAL OWNERS's comments and instructions. �, 1 Advise MUNICIPAL OWNERS of any adjusrtments ,to the,Opinion_of Probable Construction Cost known to, CONTRACTOR.,- Y _ r 1 J t V Specific Exclusions t; L I ! \ ' 4 This contract is for, the Design Phase of the project only, and does not,include an effort for bidding or Y � construction administration of facilities`. Effort for subse uen't phases may- be writing - I , _ q , p y l authorized in writing by, the MUNICIPAL OWNERS, separately, after receipt of a proposal for° such services from CONTRACTOR. Design work` does not include any modifications to the heating and ,ventilating ,system, odor' control or leachate storage. - t 1 I , t I ,l 1 y n ( I I 1 I ( I 1 ' 1 N IUSICazenovia\ProslGrou s\Admmistration J� P 1_Agreements1201311thaca (C) - Engineering Report - Schedule A #3711064 docx r A_2 I r i I _ 1 I r F I / n J 1 , JI Schedule , r 'CONTRACTOR is prepared to start the work immediately after signed authorization of the engineering agreement and shall complete the tasks in accordance with the following schedule: 1 " �,ii ��,1irl ty i:�lY� rtt Jr tl�ir�l' 1�4 Ill l�' �►I J t JI 5 1 t.t 1 I r41J' 1 1 �C lr F{ � f t ,�I 1 j� 4' l Irlr d t r P l r r �rY Q f t 1 I 1f I I hi i � All ��%1y� , r Task No. 1 14 Days , Task No. 2 30 Days I , Task No. 3 60% Design Submittal 45 Days From Completion of Task No. 2 95% Design Submittal 90-Days From' Completion of Task No. 2 100% Design Submittal 30 Days After Receipt of Comments from MUNICIPAL OWNERS Respond to NYSDEC comments 30 Days After Receipt of Comments from NYSDEC r t , Project Fees ,I t , CONTRACTOR proposes to complete the services described on the following lump sum basis which will be billed monthly based on physical percent complete. - ' I Task 1 -- Dick -Off Meeting $t _ 21200 r Task 2 -- Dewatering 'Equipment Evaluation $ 35,300 V , , Task 3 -- Final Design Contract Documents $228,600 Total $266,100 - N XUSXCazenovialProjectskGroupslAdmirnstrationl_greements1201311thaca (C) - Engineering Report Schedule A #3711064 docx pNliiiio .Mm�q � AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF ITHACA, TOWN OF ITHACA AND TOWN OF DRYDEN AND GHD CONSULTING SERVICES INC. WHEREAS, GHD Consulting Services Inc. (CONTRACTOR) and the City of Ithaca, Town of Ithaca and Town of Dryden (MUNICIPAL OWNERS) entered into an Agreement dated December 13, 2013 to complete Final Design of Improvements to the Influent Building and Dewatering System (PROJECT) at the Ithaca Area Wastewater Treatment Facility (IAWTF); and WHEREAS, as the final design and preparation of construction Contract Documents of the project was completed and submitted to MUNICIPAL OWNERS; and WHEREAS, on August 13, 2014 the Special Joint Subcommittee (SJC) recommended approval of the construction Contract Documents and recommended approval of a Professional Services Contract Amendment with CONTRACTOR to complete Bidding and Construction Phase engineering services of the project at a cost not -to -exceed $29,200, contingent upon approval of the MUNICIPAL OWNERS and attorneys; and NOW, THEREFORE, CONTRACTOR and MUNICIPAL OWNERS agree to amend the Agreement as follows. SCOPE OF SERVICES Add the following to Schedule A - Scope of Services of the Agreement: 3. Task 3 — Final Design: Influent Building and Dewatering System Improvements. k. Complete the final design of heating and ventilation (H&V) improvements to the existing Influent Building Screening and Influent Room including: • Demolition of existing H&V equipment serving the Screening and Influent Room. • Design of new ventilation system sized to provide 3 air changes per hour continuous and 30 air changes per hour intermittent. • Design of heating system including new unit heaters sized for 3 ACPH continuous ventilation rate. • Replace existing underground hot water supply and return piping from the Digester Building to the Influent Building, 4. Task 4 — Bidding Phase. a. Prepare up to 12 sets of Contract Documents for Construction Contractor's execution and MUNICIPAL OWNERS. b. Assist MUNICIPAL OWNERS in advertising for and obtaining bids for the work and, where applicable, maintain a record of prospective bidders and attend pre -bid conferences. Bidding documents will be distributed electronically via the MUNICIPAL OWNERS' website. c. Issue addenda as appropriate to clarify, correct or change the bidding documents. d. Attend the bid opening, prepare bid tabulation sheets, assist MUNICIPAL OWNERS in evaluating bids and assist OWNER in assembling and awarding contracts for the work. SCHEDULE The terms of this Agreement shall extend from July 31, 2014 to March 31, 2015. N:\US\Cazenovia\Projects\Groups\Administration\_Amendments\2014\Ithaca - Amend #1 -Final Design Phase #8616381-BGM.docx AMENDMENT NO. 1 CITY OF ITHACA, TOWN OF ITHACA AND TOWN OF DRYDEN (PAGE 2) PROJECT COSTS CONTRACTOR proposes to complete the services described above on a lump sum basis which will be billed monthly based on estimated percent complete of services as follows: Task 3 — Influent Building H&V Design ........................................ $ 13,700 Task 4 — Bidding Phase............................................................... $ 15,500 AUTHORIZATION The return of one signed copy of this Amendment No. 1, together with a copy of a formal resolution of approval, constitutes acceptance of this Amendment and shall be written authorization for ENGINEER to proceed with the Scope of Service outlined above. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment No. 1 as of the last date entered below. CITY OF ITHACA By: Date: Svante L. Myrick, Mayor TOWN OF IT A r. By: � Date: erbert J. Engrnan, Su r TOWN OF DRYDEN By: Date: Mary Ann Summer, Supervisor By: Date: Linda Lavine, Councilperson By: Date: Jason Leifer, Councilperson By: Date: Joseph Solomon, Councilperson By: Date: Stephen Stelick, Jr., Councilperson GHD CON TING SER ICES .. By: �`-^-- Date: Bruc�G. Munn, P. ., rincipal N:1US\Cazenovia\ProjectslGroupslAdministrationl_Amendments1201411thaca -Amend #1 -Final Design Phase #8616381-BGM.docx � r Y , s t } 1 � , t i 1 A + r ( MEETING1 _ TB Resolution No., 2014 = 141: `Ai A¢i•PPment for AmPnrim1Pn,t Nn_ i r h 1 , r 1 , i r , ' r ( 1 r , r r 1 THE,ITHACA TOWN BOARD, _ 1 day, August 25, 2014 - - � r ial of Request for'FU'nding for Engineering Services' - ilPriQn of Rnr .C%rrPPn and U4tcn1idQA1PwntPriria WHEREAS, the Ithaca Area Wastewater Treatment Plant is in, need 'of certain,Capital Improvements, - and _ WHEREAS GHD' Eng ineers, completed an Engineering',Re ort entitled "Ithaca Area WWTF Influent g; p p 1 Building and bewatering System Improvements Study as the'final project funded by Capital Project 416J, and - 1 , WHEREAS, in order for the staff to maintain its goals asrembodied in its five year capital, pIan, this f agreement provides engineering services for the next set of proposed capital'improvements, .l imrovements, and WHEREAS, the authorization for an amount not -to exceed' $274'000'for GHD to design the improvements to .ibe Influent, Building,' including replacement of the bar screen equipment and the addition of a new biosolids dewatering system as identified in the aforementioned'engineering study was approved by the Special Joint, Committee (SJC) at its meeting of October 9, 2013 contingent on fund, availability and attorney approval of'the agreement, and , r r , WHEREAS, the current agreement,expired July'31, 2014, and r f WHEREAS, the funding supplied by this resolution' will be placed, in'accounts for ,Capital Project 419J,, - 1 ' and r , ' r WHEREAS GHD has submitted a proposal entitled Amendment No: 1 for professional engineering services 10 complete` the design including additional design work associated with HVAC in the influent ' ,building and provide" bid review services totaling `$'29,200 therefore be it , h RESOLVED, that the Town of Ithaca hereby recommends an+additional amount not to exceed $29,200 to fund the proposed agreementrwith GHD Engineers set to expire March 31, 2015, 'authorizing additional 1 , funds from the authorization for CP 419J and be it further , 1 T , RESOLVED, That Town `of Ithaca,hereby recommends this amendment number 1 to"CP419J contingent upon actionr,by all wastewater partgcrs committing their percentage of reimbursement shares to ,th'e Joint ,Activity {Fund allocated per the Joint Sewer Agreement as follows: Municipality, Percentage Project Cost - City of Ithaca 57.14 '$16,684.88 r 1 1 , - 'Town of Ithaca 40.88 11,936.96 1 , Town o,f,Dryden 1.98 578.16 _ r $2%200.00 "r Moved: Tee Ann Hunter Seconded: Rich DePaolor' , _ Vote: Ayes — Hunter, DePaolo, Leary, Howe, Engman and Goodman i � 1 , t � , 1 fl v f i 1 , v J 1 AMENDMENT NO, 1 CITY' OF ITHACA, TOWN OF ITHACA AND TOWN OF DRYDEN r ' (PAGE 2) PROJECT COSTS I CONTRACTOR proposes to complete the services described above on a lump sum basis which will be billed monthly based on estimated percent complete of services as follows- , , Task 3 — Influent Building H&v Design ... .. $ ' 13,700 Task 4 — Bidding Phase........ .... ... .. ... $ 151500 AUTHORIZATION I The return of one signed copy of this Amendment No. 1, together with a copy of a formal resolution of approval, constitutes acceptance of this Amendment and shall be written authorization for ENGINEER to proceed with the Scope of Service outlined above, , IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment No 1 as of the last date entered below I I I CITY OF ITHACA I By Date r Svante L Myrick, Mayor 4 I ' , 1 TOWN OF ITHACA By Date Herbert J. Engman, Supervisor r , TOWN OF DRYDEN - I l By Date Mary Ann Summer, Supervisor By Date. Linda Lavine, Councilperson 1 I By Date r Jason Leifer, Councilperson, Date. By, Joseph Solomon, Councilperson r I I I By Date Stephen Stelick, Jr., Councilperson I ' l GHD CON TING SER ICES I. Da to �5 .By � _ Bruck Munn, P. rincipal , r I I I N \US\Cazenovta\Projects\Groups\Administration\_Amendments12014\lthaca - Amend #1 -Final Design Phase #8616381-BGM docx , AMENDMENT NO.1 CITY OF ITHACA, TOWN OF ITHACA AND TOWN OF DRYDEN (PAGE 2) PROJECT COSTS CONTRACTOR proposes to complete the services described above on a Jump sum basis which will be billed monthly based on estimated percent complete of services as follows: Task 3 — Influent Building H&V Design.......... .............................. $ 13,700 Task 4 -- Bidding Phase............................................................... $ 15,500 AUTHORIZATION copy The return of one signed co of this Amendment No. 1, together with a copy of a formal resolution of approval, g constitutes acceptance of this Amendment and shall be written authorization for ENGINEER to proceed with the Scope of Service outlined above. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment No. 1 as of the last date entered below. CITY OF ITHACA By: Svante L. Myrick, Mayor TOWN OF ITHACA By: Herbert J. Engman, Supervisor TOWN OF DR -DEN �4 " By. ' ISOr � nn Su her, Sup Bx� r Lin L vine, Co cil rson By: ,�-- ,.. Jas n eif ,r oun ' o By:,� ,pep So oun ' person Councilperson GHD CON TING SE ICES •. By: i Bruc . Munn, P. nncipal Date: Date: Date: Date: Date: --� Date: Date: ZI nuts 2.,0 1 q Date: q 144a I N.%US%Cazenovia%ProjectstGroups%AdministrabonV_Amendments\201 411thsca - Amend #1 -Final Design Phase #8616381-8GM docx