HomeMy WebLinkAbout05-11-15 Board of Public Works Meeting Agenda4 uFi'1�; ry DATE: May 11, 2015
TIME: 4:45
BPW M pm
LOCATION: 3 Floor,
sh` Board of Public Works City Hall, Council Chambers
108 E. Green St.. Ithaca
AGENDA ITEMS
7. Administration & Communications
8. Buildings, Properties, Refuse & Transit
A. Request for Encroachment Agreement/License for Yes City Attorney 5 min.
Sign at Ithaca Cayuga Optical, 134 -136 East
State Street, the Commons — Resolution
The resolution reflects the Board's discussion on April 27, 2015.
B. Request for Permanent Easement for 327 Eddy Yes City Attorney 5 min.
Street Proposed Encroachment — Resolution
The City Attorney's office has reviewed the proposal, per the Board's request, and determined
that a permanent easement would be best in this case, as a license not be easy to terminate
since the encroachment is part of the building.
C. Award of Bid for Seneca Street Parking Garage — Yes Dir. of Eng. West 5 min.
Priority 4 Repairs — Resolution
Bids will be received on May 11, 2015 for this project. An updated resolution will be provided at
the meeting.
9. Highways, Streets & Sidewalks
A. Award of Professional Services Contract for Yes Dir. of Eng. West 10 min.
Pedestrian Signal Countdown Timer Project —
Resolution
Request for proposals was advertised and eight firms responded. Staff is ready to recommend
the award of a contract for the design portion of this project.
10. Parking & Traffic
11. Creeks, Bridges & Parks
12. Water & Sewer
13. Discussion Items
A. Approval of Columbia Street Bridge for the Public No 5 min.
Time
Topic
Voting?
Presenter(s)
Allowed
1.
Call to Order /Agenda Review
No
Mayor Myrick
5 min.
2.
Mayor's Communications
No
Mayor Myrick
3.
Communications and Hearings from Persons
No
Public
5 min.
Before the Board
4.
Response to the Public
No
Commissioners
5.
Reports
No
Various
5 min.
A. Special Committees of the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
6.
New Project Presentation
No
7. Administration & Communications
8. Buildings, Properties, Refuse & Transit
A. Request for Encroachment Agreement/License for Yes City Attorney 5 min.
Sign at Ithaca Cayuga Optical, 134 -136 East
State Street, the Commons — Resolution
The resolution reflects the Board's discussion on April 27, 2015.
B. Request for Permanent Easement for 327 Eddy Yes City Attorney 5 min.
Street Proposed Encroachment — Resolution
The City Attorney's office has reviewed the proposal, per the Board's request, and determined
that a permanent easement would be best in this case, as a license not be easy to terminate
since the encroachment is part of the building.
C. Award of Bid for Seneca Street Parking Garage — Yes Dir. of Eng. West 5 min.
Priority 4 Repairs — Resolution
Bids will be received on May 11, 2015 for this project. An updated resolution will be provided at
the meeting.
9. Highways, Streets & Sidewalks
A. Award of Professional Services Contract for Yes Dir. of Eng. West 10 min.
Pedestrian Signal Countdown Timer Project —
Resolution
Request for proposals was advertised and eight firms responded. Staff is ready to recommend
the award of a contract for the design portion of this project.
10. Parking & Traffic
11. Creeks, Bridges & Parks
12. Water & Sewer
13. Discussion Items
A. Approval of Columbia Street Bridge for the Public No 5 min.
Time
Topic Voting? Presenter(s) Allowed
Art Commission's Mural and Street Art Program
The Public Art Commission has requested that the Board of Public Works consider approving
the Columbia Street Bridge as a location for future murals. Enclosed please find a draft
resolution and two photos.
B. Petition to Rename Plain Street No Supt. Thorne 10 min.
A petition was submitted on April 27, 2095, in support of renaming Plain Street to Nelson
Mandela Street.
C. Fees Associated with Heritage Permits No Supt. Thorne 15 min.
A question has been raised about what the intent of the Heritage Permit is regarding fees. The
resolution that was passed in 2094 establishing the Heritage Permit states the qualified trucks
must adhere to the Street Vending Policy that was approved in January 2014, which established
fees for individual time slots (breakfast, lunch, dinner, late night). Chapter 170 of the City Code
establishes a Use of City Property fee according to square footage used. The question is which
policy do we follow when determining annual permit fees for the Heritage Permit holders?
14. New Business
15. Adjournment
Page 2
Im
Yes
8A. Request for Encroachment Agreement/License for Sian at Ithaca Cayuga Optical,
134 -136 East State Street, the Commons — Proposed Resolution
WHEREAS, Dr. Alexander Wood, the tenant of the property at 134 -36 East State, owned by
Renvyle Assoc, LLC, (Tax Map Parcel No. 70. -2 -24) in the City of Ithaca has requested an
encroachment agreement/license from the City into the adjacent East State Street (Commons
pedestrian space) right -of -way; and
WHEREAS, the encroachment consists of the following:
A building sign, as proposed to the Board of Zoning Appeals on April 7, 2015,
constructed of steel, approximately 3 feet in length and 18 inches in width, and
projecting over the store's entrance by approximately 3 feet, thereby
encompassing an encroachment into the right of way by approximately 4.5
square feet, which is shown on a drawing stamped and entitled Exhibit A; and
WHEREAS, the Board of Zoning Appeals approved the variance from the 18" projection limit;
and
WHEREAS, the 2015 -16 schedule of fees for use of City -owned property requires an initial
application fee of $100 for new licenses, but stipulates that the annual use fee shall be waived
for minor encroachments, now therefore be it
RESOLVED, That the Board of Public Works hereby grants the request for an encroachment
at 134 -136 The Commons, as proposed, contingent upon the execution of a license /agreement
and submission of the required application form and fee (and renewal fees for any subsequent
terms) and proof of required insurance, and be it further
RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is
hereby authorized to execute a license agreement allowing said encroachment, revocable
upon 90 days' written notice by the City in the event that the encroached upon City property is
required for any City purpose, and containing the usual terms and conditions, including those
specified in Chapter 170 of the City's Municipal Code.
Page 3
AGREEMENPREVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY
THIS AGREEMENT, made this _ day of , 2015, by and between:
► Renvyle Associates, LLC, owner, 134 -136 East State Street, Ithaca, NY 14850, (hereinafter referred to as
"LICENSEE "),
and
► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street,
Ithaca, New York (hereafter referred to as "CITY "),
WITNESSETH THAT:
WHEREAS, LICENSEE is the owner of a parcel of land with improvements thereon in the City of Ithaca,
County of Tompkins, State of New York, commonly known and designated as 134 -136 East State Street, Ithaca,
New York, and as Tax Map Parcel No. 70. -2 -24; and
WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of Ithaca
owned by CITY, for the benefit of the above - referenced parcel of LICENSEE, which CITY -owned land is
adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows:
A building sign, as proposed to the Board of Zoning Appeals on April 7, 2015, constructed of
steel, approximately 3 feet in length and 18 inches in width, and projecting over the store's
entrance by approximately 3 feet, thereby encompassing an encroachment into the right of
way by approximately 4.5 square feet, which is shown on a drawing stamped and entitled
Exhibit A, and is hereby incorporated into this Agreement; and
WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the
terms and conditions by which the CITY may license the use of and/or encroachment upon its real property to a
person or persons; and
WHEREAS, the CITY's Board of Public Works has authorized the Mayor to execute an agreement
containing a revocable license that allows the above - described use or encroachment, subject to certain conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an
installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators,
successors and assigns, do hereby covenant and agree as follows:
1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use the City -
owned land described above, subject to the terms and conditions set forth herein. The CITY reserves the right to
enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole
discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy
a dangerous or potentially dangerous condition.
2. The use by LICENSEE of the above - described property of the CITY does not constitute and shall
never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and
shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and
current License /Agreement.
Page 4
3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall be for
the period commencing April 1, 2015 (or on the date by which all application and use fees and any required forms
described herein are received by CITY, whichever date is later) and expiring on March 31, 2016. This License
shall renew automatically thereafter, for one -year terms, with the same terms and conditions (except that the
amount of the Use Fee may be revised annually, per the provisions of Paragraph 6, below), provided that
LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for
the renewal period, before the commencement of such new term (i.e., before April 1S), and provided that the
CITY has not notified LICENSEE, by March 1% of the CITY's intention not to renew for the following license
year.
4. Notwithstanding any other provisions herein, the License contained herein may be terminated by
LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such early
termination, LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term,
provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early termination
shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below.
5. Notwithstanding any other provisions herein, the License contained herein may be revoked or
modified by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the
public safety or welfare, or (b) upon at least one month's notice that the Superintendent has determined that
LICENSEE has failed to comply with any substantive term herein, and that LICENSEE has not cured such breach
within the notice period, or (c) upon at least three months' written notice to LICENSEE that the CITY's
Superintendent of Public Works has determined that the licensed premises is required for a public purpose.
LICENSEE may appeal a non - emergency revocation or modification to the CITY's Board of Public Works, but
must do so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination
(or modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro -rated refund
of the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE
is in compliance with the provisions of Paragraph 8, below.
6. This Agreement/License shall not take effect until fully executed and until the application and use fees
set forth below have been received by the City.
Application Fee: An Application Fee in the amount of $100.00 (in the form of a check payable to the
City of Ithaca) must accompany submission of the application for this license to the City Chamberlain's office.
The purpose of this fee is to cover the amount of City staff time typically associated with the processing of such
applications. This fee is due by March 1, 2015.
Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2015, until March 31, 2016) is
$0.00. This Use Fee is waived because the described use is a minor encroachment.
In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by CITY (a)
by an amount up to the rate of any increase in the consumer price index since the previous year, or (b) to
correspond with information from an updated appraisal report (expected to occur every 5 years). If the CITY
intends such adjustment, LICENSEE shall be so notified by February 1St prior to the expiration of the current
term.
Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of
the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the
amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional
fee owed (or refund due) as a result of the correction shall be effective and pro -rated as of the date of such Notice.
Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount
of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due.
Page 5
7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable
condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public
from the public's use of or proximity to said premises, and to repair or remove any unsafe or improper structure or
thing thereupon, as directed by the CITY. In the event of LICENSEE's failure to effect such repair or removal,
after notice from CITY to do so, CITY may carry out the same and charge LICENSEE and its benefited property
for such cost (plus a 25% administrative charge).
8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end of the term (in the absence of timely
renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good
order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless
the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the
CITY, such delivery shall include restoration of grade and original ground cover, if applicable, and removal of
any debris and any structures installed by LICENSEE. Any damage to the premises or any debris remaining
thereupon at such time shall be presumed to have been caused by LICENSEE. In the event of the failure of
LICENSEE to effect the required restoration, within ten (10) days of the date of written notice from the CITY, the
CITY may thereafter cause the restoration to occur and may subtract the cost thereof from any pro -rated refund
due to LICENSEE and/or may assess the cost thereof (plus 25 %) against LICENSEE and its benefited property.
9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees harmless
from any loss, injury or damage arising out of the occupancy or use of the encroached -upon City property, by
LICENSEE or its servant or agent, or by any member of the public, or from any negligence or fault of said
LICENSEE or its servants or agents in connection with the maintenance of the afore - mentioned encroachment, or
the failure to maintain the same in good repair and safe condition, including attorneys fees and court costs.
LICENSEE acknowledges that it will likewise hold the City harmless from any costs the City may incur,
including legal fees, due to any claims which may arise out of LICENSEE's obstructing, encumbering or
occupying any portion of the public area of any adjacent street, including the sidewalk.
10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least
$1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance policy,
and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, by the
time of the annual anniversary of said original execution if this License is to be renewed, and as may be otherwise
required by the City.
11. In the event of the expiration and non - renewal, or termination, of this License, failure of the
LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to
the Municipal Code of the CITY.
12. This License is transferable to a subsequent owner or lessee of the benefited property, but only upon
proper re- application by said subsequent owner or lessee and submission of written proof of required insurance in
the new licensee's name.
13. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the
City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set
forth above, or at any other address provided in writing to CITY by LICENSEE.
Page 6
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year
first above written.
Renvyle Associates, LLC
(signature)
(print name and title)
CITY OF ITHACA
Svante L. Myrick, Mayor
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this day of , 2015, before me, the undersigned, a Notary Public in and. for said State,
personally appeared , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to
me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the
individual, or person on behalf of which the individual acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this day of , 2015, before me, the undersigned, a Notary Public in and for said
State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of
satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that she resides at
Ithaca, New York, and that she is the Mayor of the City of Ithaca, the municipal corporation described in and
which executed the above instrument; and that she signed her name thereto upon authorization of the Board of
Public Works of such corporation.
Approved as to form and content:
City Attorney
Notary Public
Page 7
Date
813. Request for Permanent Easement for 327 Eddy Street Proposed Encroachment
WHEREAS, through, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax
Map Parcel No. 63. -6 -24, Stephen A Fontana Trust owner of record), in the City of Ithaca, has
requested an encroachment agreement/license from the City into the adjacent Eddy Street
right -of -way; and
WHEREAS, the encroachment consists of the following:
An encroachment extending into the City -owned airspace from the fifth floor of
the building located on 327 Eddy Street two feet to the west and extending
twelve feet running north and south, parallel to the building face.
WHEREAS, it appears that the proposed encroachment into the City's airspace will not interfere
with the right of way as currently constituted; and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public
works uses or needs; and
WHEREAS, the recommended fee for this permanent easement is $3,073.84, based on the
Pomeroy appraisal value of $75.77 for one year of use at the current appraisal rate in
Collegetown of $2.87 per square foot, calculated out for a thirty year depreciation period and
2% rate of inflation, now therefore be it
RESOLVED, That the Board recommends that Common Council authorize the Mayor to sign
the necessary paperwork to grant the easement described above.
Page 8
8C. Award of Bid for Seneca Street Parkins Garage — Priority 4 Repairs — Resolution
WHEREAS, bids were received on May 11, 2015 for Seneca Street Parking Garage — Priority
4 Repairs including general construction, plumbing and mechanical renovation, and
WHEREAS, the Common Council established Capital Project 372 for Seneca Street Parking
Garage — Priority 4 Repairs, and
WHEREAS, of
responsible bid for General Construction work of $
submitted the lowest qualified
, now therefore be it
RESOLVED, That the contract for General Construction work related to the Seneca Street
Parking Garage — Priority 4 Repairs is awarded to of
for a bid for General Construction work of
and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute the contract for General
Construction work, and that the Superintendent of Public Works be and hereby is authorized to
administer the same.
Page 9
9A. _Award of Professional Services Contract for Pedestrian Signal Countdown Timer
Project — Resolution
WHEREAS, eight professional services proposals were received on January 15, 2015 for the
Pedestrian Signal Countdown Timer Project (PIN 375590, CP 801), and
WHEREAS, staff has reviewed the eight proposals received and made recommendations for
award, and
WHEREAS, engineering studies and designs are Type II actions requiring no further review
under the State Environmental Quality Review Act or the City Environmental Quality Review
Ordinance, now therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby awards a professional
services contract for the Pedestrian Signal Countdown Timer Project (PIN 375590, CP 801) to
Popli Design Group, of Penfield, New York, for an amount not to exceed $32,000, and be it
further
RESOLVED, That the City of Ithaca Superintendent of Public Works be and hereby is
authorized to enter into said contract under the usual terms and conditions.
Page 10
CITY OF ITHACA
108 East Green Street, Suite 202 Ithaca, New York 14850 -5690
OFFICE OF THE CTTY ENGINEER
Telephone: 607:274 -6530 Fax: 60— 2 + -658-
To: Board of Public Works
From: Kent Johnson, Junior Transportation Engineer V"JT
Date: May 5, 2015
Re. Award of professional services contract for the Pedestrian Signal
Countdown Timer Project (PIN 375590, CP 801)
Please find enclosed a proposed resolution to award a professional services contract to
Popli Design Group for the Pedestrian Signal Countdown Timer Project (PIN 375590, C;P
801). This is a federal -aid project with 90% of project costs reimbursed by federal and
State funds and 10% of project costs provided by the City of Ithaca. Common Council
authorized the first instance funding and established Capital Project 801 at their iylay 7,
2014 meeting.
The consultant was selected via the Local Design Services Agreement (LDSA) method.
An Advertisement for Professional Services was mailed to all fifteen firms represented in
the applicable LDSA pool. Eight firms responded with Expressions of Interest. Three
reviewers (Titre Logue, Tom West, and myself) independently analyzed the E01 packets
submitted by the responding eight firms. Popli received the highest overall ranking based
on six qualification categories. A letter was sent to Popli indicating that they were our
preferred firm and rejection letters were sent to the other hnns.
In the past month, l have worked with Popli to define a task list (scope of services) and a
fee proposal. I am comfortable with what we have worked out and am ready to
recommend that you award the design portion of the project to Popli Design Group in an
amount not to exceed $32,000.
Pleas: feel free to contact me if you have any questions about the contract or about the
consultant selection process. Thank you.
"fin
Equal Oppiirlunity Employer-,airh a commitment to workforce diver+ificarnon" Cry
13A. Approval of Columbia Street Bridge for the Public Art Commission's Mural and
Street Art Program — Resolution
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among
other duties, review and advise Common Council on proposals for the exhibition and display of
public art in City spaces — buildings, facilities, and infrastructure — and to review development
proposals for decorative elements in the city's public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls
within the city while providing local artists from all sections of the community an opportunity to
showcase their work, and
WHEREAS, the Board of Public Works approved several City -owned sites for inclusion on the
list of potential sites in City of Ithaca Public Art Commission's Mural and Street Art Program by
resolution on May 19, 2010 and approved additional sites for inclusion in the program since
that time, and
WHEREAS, as a result of this approval, the PAC has worked with more than 50 artists to
install murals on City -owned property throughout the city, and the response to the new murals
has been overwhelmingly positive, and
WHEREAS, the Natural Areas Commission requested that the PAC consider the walls of the
Columbia Street Bridge as a location for a future mural, and
WHEREAS, the PAC agreed that the location would be ideal for a future mural and would help
deter ongoing graffiti, and
WHEREAS, at its meeting on March 25, 2015, the PAC voted to recommend that the walls of
the Columbia Street Bridge be approved by the Board as a location for future murals and the
Natural Areas Commission supported this recommendation at its meeting on April 7, 2015;
now, therefore, be it
RESOLVED, That the Board of Public Works approves the City -owned walls of the Columbia
Street Bridge for inclusion on the list of potential sites for the PAC's Mural and Street Art
Program; and be it further
RESOLVED, That the PAC will continue to work with Planning Department staff to conduct a
mutually acceptable public input procedure for engaging nearby businesses, residences,
and /or business and neighborhood associations for each specific project, and be it further
RESOLVED, That the PAC will work with the City Attorney to ensure that any art mural RFP or
contract with a participating artist reflects and accommodates the needs and constraints of the
City.
Page 11
Columbia Street Bridge for the Public Art Commission's Mural and Street Art Program