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HomeMy WebLinkAboutMN-BPW-2013-06-03BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:50 p.m. June 3, 2013 PRESENT: Vice -Chair — Jenkins Commissioners (4) — Acharya, Darling, Leccese, Morache OTHERS PRESENT: City Attorney — Lavine Former Superintendent of Public Works — Gray Assistant Superintendent of Water and Sewer — Whitney Director of Engineering — West Common Council Liaison — Fleming Executive Assistant — Gehring EXCUSED: Mayor Myrick Acting Superintendent of Public Works — Benjamin DAC Liaison — Roberts ADDITIONS OR DELETIONS TO THE AGENDA: Asst. Supt. Whitney requested the addition of Item 8.5A, "Award of Bids for Water Supply Project: Giles Street & Interconnection Building — Contracts 3C and 3D." Director of Engineering West noted that substitute resolutions had been distributed for Item 8.1 A, "Award of Contracts for Seneca Street Garage Priority 2 Repairs — Capital Project 372 — Resolution," and Executive Asst. Gehring requested the addition of Item 8.4A, "Newman Golf Course Junior Membership Fees." No Board member objected. MAYOR'S COMMUNICATIONS: The Mayor was not present. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Julie Sommons- Lynch, City of Ithaca, addressed the Board regarding the repair of city sidewalks that are damaged by city trees. She read the following statement and distributed photos to the Board: "My name is Julie Simmons - Lynch. I live at 116 Kelvin Place in Cornell Heights. Back in the summer of 2012 I contacted the civil engineer's office about two major ruptures on the sidewalk in front of our home: both were caused by city trees' roots buckling the cement. I was told we'd be put on a tree removal list and that the city had, and I quote, "an informal practice of taking responsibility for broken sidewalks. " After a few months of no response, I contacted the office again. I know the city is a big, small city and our issue was not paramount but nonetheless, as time went on, one of the trees began to tilt toward our home and it wasn't until I voiced concern, that the trees were removed. BUT what's left are two sidewalks, destroyed by these city trees. The roots have broken through and /or lifted the cement and they are very hazardous to pedestrians. We have since received a summons threatening surcharges, etc., if we don't repair the sidewalks. When I inquired I was told that the city no longer had their "informal practice of taking responsibility for broken sidewalks. "Needless to say, these repairs would be a hardship for us. BUT, in addition, I am having areal problem with the principle of the request. If the city has taken responsibility for their trees, and has removed them before they cause more damage, then why isn't the city also responsible for the damage their trees have caused? If we, as homeowners, dropped a ton of bricks on the sidewalk, destroying the walkway, we would fix it, as we should. It would be our responsibility. Board of Public Works Page 2 June 3, 2013 Regular Meeting As a matter of fact, we were told by a city official that a line of shrubs on the border of our property was unruly and impeded access to the sidewalk - -a great exaggeration, I assure you - -but nonetheless, we addressed the situation and removed the shrubs swiftly. Most of the city officials I have discussed this with have been thoughtful and tried to help as best they could but we are now at a stalemate. This sidewalk is city property trafficked throughout the day by people who are not accessing our property. They are people walking their dogs; children skateboarding; tenants from the nearby senior assisted - living facility, Bridges. I am asking the city to do what's right; to do what you said you would do; to do what we pay property taxes for; and that is for the City of Ithaca to take responsibility for what is yours. Thank you for your time. " Commissioner Acharya arrived at 4:53 p.m. David Warden, City of Ithaca, addressed the Board regarding the increase of plumbing permit fees. He explained that the current permit fees are $5 plus $1 per fixture. He stated that Ithaca's permit fees are very inexpensive compared to other cities in the area, and the fees do not cover the amount of time required for inspections. He supports increasing the permit fees to a more reasonable amount comparable to other cities. Tom Hanna and Mark Babbage, Friends of Newman representatives, addressed the Board regarding membership rates and fees for 2013. Mr. Hanna reported that since 2011, due to the 5% membership discount before the season begins, there has been an increase of membership each year. He further explained that the Ithaca Times article in April 2013 stated the rate for juniors is $140. That rate was the discounted rate that expired on February 28, 2013. He further stated that since the article, several people have asked about the $140 rate, but most did not purchase the membership when they found out the junior membership was actually $252. RESPONSE TO THE PUBLIC Commissioner Acharya supported adding the Newman Golf Course Junior Membership Fees resolution to the agenda. REPORTS Council Liaison Alderperson Fleming reported that the City Administration Committee was unhappy with the vagueness of the resolution provided by the Board requesting funding for repairs to the Cascadilla Park Walkway. She stated that Common Council would like a more clear, detailed design before a capital project is created. Superintendent and Staff Former Supt. Gray reported that initial meetings to find a new Superintendent are being scheduled. Director of Engineering West reported that demolition of the Commons is proceeding, though a water main has been damaged by the contractor. He further reported that the bid for Commons utility work would be advertised soon, bids for Seneca Street Garage Priority 2 Repairs were recently received. Asst. Supt. Whitney reported that crews were working with a contractor on Ridgewood Road to replace the water main. He stated that fire flow testing would be completed soon after the water main was replaced. He further reported that new sewer main connections for Seneca Way Apartments began this morning. Board of Public Works Page 3 June 3, 2013 Regular Meeting APPROVAL OF MINUTES: Approval of the May 6, 2013, Board of Public Works Meeting Minutes - Resolution By Commissioner Leccese; Seconded by Commissioner Morache RESOLVED, That the minutes of the May 6, 2013 Board of Public Works meeting be approved as published. Carried Unanimously VOTING ITEMS: Buildings, Properties, Refuse and Transit: Award of Contracts for Seneca Street Garage Priority 2 Repairs — Capital Project 372 — Resolution WHEREAS, bids were received on May 29, 2013 for Seneca Street Garage — Priority 2 Repairs including general construction, plumbing and electrical renovation, and WHEREAS, the Common Council established Capital Project 372 for Seneca Street Garage — Priority 2 Repairs, and WHEREAS, Contractor 1, Address submitted the lowest responsible bid for General Construction work of $XXXXX.XX, and WHEREAS, Contractor 2, Address submitted the lowest responsible bid for Plumbing work of $XXXXX.XX, and WHEREAS, Contractor 3, Address submitted the lowest responsible bid for Electrical work of $XXXXX.XX, now therefore, be it, RESOLVED, That the contract for General Construction work related to the Seneca Street Garage — Priority 2 Repairs is awarded to Contractor 1, Address for the lowest responsible bid for General Construction work of $ XXXXX.XX, and be it further RESOLVED, That the contract for Plumbing work related to the Seneca Street Garage — Priority 2 Repairs is awarded to Contractor 2, Address for the lowest responsible bid for Plumbing work of $ XXXXX.XX, and be it further RESOLVED, That the contract for Electrical work related to the Seneca Street Garage — Priority 2 Repairs is awarded to Contractor 3, Address for the lowest responsible bid for Electrical work of $ XXXXX.XX, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute these contracts, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Director of Engineering West explained the two substitute resolutions that replaced the original award of contract resolution. He stated that the bid tabulation was still being evaluated, but preliminary information indicates that the plumbing contract would exceed the engineer's estimate, making the final contracts exceed the total budget for the project. He stated the second resolution requests a determination on the responsibility on the low bidder for the general contract. City Attorney Lavine explained that the apparent low bidder for the general contract was indicted by the United States Attorney for the Northern District of New York last month on charges of violating the Clean Water Act by dumping fluids containing by- products from a demolition into the Susquahannah River. He further explained that the resolution allows the Board an opportunity to find the low bidder non - responsible, therefore disqualifying the bidder from being awarded the contract. Former Supt. Gray requested confirmation that an indictment is a sufficient basis for a municipality to disqualify a contractor from an open bid. City Attorney Lavine responded that criteria for finding non - responsibility of a contractor includes any activity involving criminal conduct that violates environmental conservation laws or other state /city environmental statutes. He noted that the City must provide notice to the bidding contractor and allow the contractor to be heard in response to the resolution at the Board's next meeting. Discussion followed on the floor regarding other projects that Crane -Hogan Structural Systems has worked on for the City, and what the relationship is with the City. Director of Engineering Board of Public Works Page 4 Regular Meeting June 3, 2013 West explained that several contracts had been awarded to the contractor, and that litigation has resulted for several of the projects. Determination of Non - Responsibility — Resolution By Commissioner Acharya; Seconded by Commissioner Darling WHEREAS, bids were received on May 31, 2013, for the Seneca Street Parking Garage — Priority 2 repairs, and WHEREAS, the bid package consisted of three separate bid items (general construction, electric, and plumbing items), each to be awarded separately, and WHEREAS, staff has reviewed the bids received for the general construction work, and WHEREAS, the apparent low bid for general construction work was submitted by Crane Hogan Structural Systems, and WHEREAS, under General Municipal Law 103, the City makes award of biddable contracts to the lowest responsible bidder, and WHEREAS, the City of Ithaca Municipal Code sets forth the City's responsibility guidelines in Section 39 -2, instructing that a responsibility determination take account of lack of adequate expertise, criminal conduct, disregard for safety, Labor Law violations, environmental law violations, and mitigating factors, among others; and WHEREAS, in May 2013, Crane Hogan Structural Systems was indicted by the United States Attorney for the Northern District of New York on charges of violating the Clean Water Act in two state demolition projects; it is hereby RESOLVED, That the Board of Public Works finds that the above - referenced indictment for violations of the Clean Water Act and the underlying alleged conduct implicates the City's guidelines found in Code section 39 -2(A), specifically: (2) "Criminal conduct in connection with government contract or the conduct of business activities involving ... serious moral turpitude, fundamental lack of integrity or knowing disregard for the law. Evidence of such conduct may include a ... pending criminal indictment ... "; (7) "Any criminal conduct involving violations of the Environmental Conservation Law or other federal, state or City environmental statutes ... "; and (14) Any other cause of so serious or compelling a nature that it raises questions about the present responsibility of a contractor ... ", and be it further RESOLVED, That based on the foregoing, the Board of Public Works hereby determines, subject to the Board's consideration of mitigating factors pursuant to 39 -2(B) and other evidence presented at the below- specified hearing, that Crane Hogan Structural Systems is not the lowest responsible bidder for the Seneca Street Parking Garage — Priority 2 repair project; and be it further RESOLVED, that the Acting Superintendent of Public Works or his designee shall, no later than June 4, 2013, mail and email to Crane Hogan Structural Systems a draft of this Resolution as approved, constituting notice of this determination of non - responsibility, and be it further RESOLVED, That Crane Hogan Structural Systems shall have the opportunity, in response to the determination made herein, to present such evidence as it may see fit at a hearing conducted by the Board of Public Works at the next scheduled meeting of the Board of Public Works to be held on June 10, 2013 at 4:45pm, Third Floor, City Hall, said hearing to be conducted for a period of 20 minutes from 4:45pm to 5:05pm, and be it further RESOLVED that immediately after said hearing, the Board may take action to award the subject contract either to Crane Hogan Structural Systems (if the determination of non - responsibility is reversed after deliberation upon the June 10 hearing) or to such other lowest responsible bidder as the Board may identify. Carried Unanimously Board of Public Works Page 5 June 3, 2013 Regular Meeting Former Supt. Gray stated that this resolution does not disqualify Crane -Hogan forever. City Attorney Lavine stated that debarment of a contractor is not an option for a municipality. Director of Engineering West noted that the Board of Public Works is not being asked to determine the contractor's guilt or innocence, but to determine the contractor as a non - responsible bidder. Request for Funding for Seneca Street Garage Priority 2 Repairs — Capital Project 372 — Resolution By Commissioner Acharya; Seconded by Commissioner Morache WHEREAS, bids were received on May 29, 2013 for Seneca Street Garage — Priority 2 Repairs including general construction, plumbing and electrical renovation, and WHEREAS, the preliminary bid tabulation indicates that the budget for this project is too low, and WHEREAS, these repairs are important for the continued useful life of the Seneca Street Parking Garage, now therefore be it RESOLVED, That the Board of Public Works hereby recommends that Common Council authorize a budget increase for Capital Project 372 by an amount not to exceed $100,000. Director of Engineering West explained that bids were received for the general contract, electrical contract and plumbing contract. The plumbing contract bids were much higher than the engineer's estimate, resulting in a $60- 70,000 shortfall in the project budget. He noted that construction on the Seneca Street Parking Garage should begin on June 24, 2013. A Vote on the Resolution Resulted as Follows: Carried Unanimously Creeks, Bridges, and Parks: Newman Golf Course Junior Membership Fees Executive Asst. Gehring explained the issue of the $140 membership fee that was published in the Ithaca Times. She noted that several local residents had inquired about the lower rate, but when they were told the rate was actually $252, they decided not to purchase the membership. Tom Hanna and Mark Babbage, Friends of Newman representatives, joined the Board for the discussion of this topic. Mr. Hanna explained that at least six people had requested a membership at the lower rate, rather than the $252 that the Board authorized in October 2012. He explained that the rate of $140 was the discounted junior membership rate that was available until February 28, 2013. Discussion followed on the floor regarding continuing the rate of $140 for junior memberships throughout the entire year for youth under 18 years old. Resolution By Commissioner Morache; Seconded by Commissioner Leccese WHEREAS, the Board of Public Works approved a 2013 - through -2015 schedule of rates and fees for Newman Municipal golf Course, and WHEREAS, that schedule offered a youth rate of $140 if paid by February 28, 2013, and WHEREAS, the Ithaca Times published an article in April that reported the $140 youth rate as still in force, and WHEREAS, a handful of parents have asked for that rate based on the Ithaca Times report, and WHEREAS, the Board of Public Works favors increased involvement of youth and recognizes the need to honor the published rate, even if done in error, now therefore be it RESOLVED, That the Board of Public Works authorizes sign -ups for youth for the balance of the 2013 season at the promotional rate of $140 and authorizes refunds to the two individuals who paid the full rate. Carried Unanimously Board of Public Works Page 6 June 3, 2013 Regular Meeting Water and Sewer: Award of Bids for "Water SupplV Project: Giles Street & Interconnection Building — Contracts 3C and 3D — Resolution By Commissioner Morache; Seconded by Commissioner Darling WHEREAS, as a vital component of the City of Ithaca Water Supply Project, improvements to the City residuals handling facility and the construction of a new public water supply interconnection building are necessary to enhance efficiency and improve functionality, and WHEREAS, City Engineering Consultants, O'Brien and Gere, prepared design drawings, specifications, and bid packaging, and WHEREAS, three sealed bids were received for the Giles Street Interconnection Building, Contract 3C, HVAC, and two sealed bids for the Giles Street Interconnection Building, Contract 3D, Plumbing , and opened on May 21, 2013 at 2:OOPM, and WHEREAS, our Engineering Consultants and Staff have reviewed said bids and have concluded that the offers submitted by Climate Control Technologies Inc. for Contract 3C, and for Contract 3B, Streeter Associates Inc. have been identified as the apparent low bidders, and WHEREAS, on April 3, 2013, Common Council provided project funding by amending Capital Project #510 Water Treatment Plant Improvements /Reconstruction by an amount not to exceed $30,700,000 for a total project authorization of $36,700,000, now therefore, be it RESOLVED, That the Board of Public Works hereby awards the bid for Contract 3C to Climate Control Technologies Inc., 33 Brookside Avenue, Endwell, NY 13760 for a total amount not to exceed, $57,875, for HVAC construction services, and be it further, RESOLVED, That the Board of Public Works hereby awards the bid for Contract 3D to Streeter Associates, 1012 East Woodlawn Avenue, Elmira, NY for a total amount not to exceed $86,000, for Plumbing construction services, and be it further, RESOLVED, That the Board of Public Works authorizes the Superintendent of Public Works to execute the respective contracts with Climate Control Technologies Inc. and Streeter Associates upon review and approval by the City Attorney. Carried Unanimously DISCUSSION ITEMS: Request for Encroachment at 207 Elmira Road Mike Wells, requestor, joined the Board for the discussion of this item and explained his request for an encroachment next to his property at 207 Elmira Road. He stated that the green space planned for Old Elmira Road outside his property would not allow maneuverability of vehicles in and out of his parking area. Commissioner Jenkins supported the request. The Board generally supported having a resolution available at the next meeting to authorize the encroachment. Director of Engineering West explained the fee structure and policy related to the encroachment. Bordoni Fitness Trailhead Design Rick Manning, Cayuga Waterfront Trail Initiative; Scott Wiggins, Friends of Stewart Park; and Karen Armstrong, Parkitects, joined the Board for the discussion of this item. Mr. Manning explained that the parents of Corporal Christopher Bordoni approached the Cayuga Waterfront Trail Initiative to build something to honor Corp. Bordoni near Island Health and Fitness Center. After coming up with a plan, several contractors agreed to donate equipment and volunteer their time to build the trailhead. He stated that they would like to build the trailhead by the end of June 2013. Ms. Armstrong explained the proposal and the equipment that would be installed. She stated that annual inspections and physical reviews of the equipment were included in the price, and that a representative from Parkitects would be on site during the installation of all of the equipment. Mr. Manning noted that a warranty was included for the equipment for any repairs and maintenance. Board of Public Works Page 7 June 3, 2013 Regular Meeting Discussion followed on the floor regarding liability insurance coverage, posted instruction for use of each piece of equipment, the retention of other equipment along the trail in Cass Park, and maintenance of the equipment. The Board expressed general support for the installation of the Bordoni Trailhead. Director of Engineering West suggested that the City Attorney be consulted on whether the City could accept a gift of this nature. No Board member objected. Friends of Stewart Park Report Scott Wiggins, Friends of Stewart Park, reported that the small pavilion had been completed and that Friends of Stewart Park would be honoring City crews that worked on the pavilion to thank them. He further reported that a grant was received to continue the plan for rehabilitation of the park. Mr. Manning explained that $70,000 from Strategic Tourism Planning Board was granted for repairs and upgrades to the large pavilion. He stated he had met with Planning Director JoAnne Cornish to discuss future plans for the park. Mr. Wiggins explained that Friends of Stewart Park would like to work with the City, noted how funds that are raised can be gifted to the City for upgrades, and to ensure designs were presented before being built. The Board thanked Mr. Manning and Mr. Wiggins for providing the update. Plumbing Permit Fees Former Supt. Gray explained that the plumbing fee schedule had been low for a number of years. He noted that staff would rather have people come in to City offices to discuss what is planned because all plans can have an impact on the usage of water rather than charge large fees and end up with unpermitted connections. He stated that most large commercial plumbing projects, i.e. Cornell laboratories, take a lot of time and energy to inspect. Commissioner Acharya agreed that an increase in plumbing permit fees is very appropriate. Commissioner Morache agreed, and stated that the proposed residential fees were very reasonable for families, and the commercial fees were more in line with other City fees. Discussion followed on the floor regarding the requirement of a plumbing permit. The Board generally agreed to increasing fees; a resolution would be provided for the next Board meeting. Board Meeting Schedule Commissioner Morache began the discussion of the Board's monthly meeting schedule by stated that two meetings would probably be enough for the Board to conduct their business, with the right to call an additional meeting during the month if it's needed. He suggested holding meetings on the second and fourth Mondays. Commissioners Jenkins and Darling agreed to try the new schedule. Director of Engineering West noted that two meetings per month limit flexibility for staff, but if staff finds it necessary, a third meeting could be called. Former Supt. Gray stated that as a volunteer board, the commissioners put in an extraordinary amount of time, and the Board has the ability to call special meetings, along with the Mayor. A calendar marking the second and fourth Mondays for Board meetings would be provided for further discussion at the next Board meeting. Fluoridation of Drinking Water Article — For Your Information Commissioner Achayra support adding fluoride to the water, whereas Commissioner Morache state he strongly disapproves. ADJOURNMENT: On a motion, the meeting adjourned at 6:38 p.m. Kathrin D. Gehring Svante L. Myrick Executive Assistant Mayor