Loading...
HomeMy WebLinkAbout12-10-12 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Monday, December 10, 2012, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Agenda 1. Additions or Deletions to Agenda (Items 1 -5:15 min.) 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Public Hearing for Installation and Assessment of New Sidewalks and Curbing during the Old Elmira Road "Complete Street" Project 6. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 7. Approval of Minutes 8. Administration and Communications 8.1 Thank You to Superintendent Bill Gray — Resolution 9. VOTING ITEMS 9.1 Buildings, Properties. Refuse and Transit 9.1A Call of Public Hearing for Authorization to Re Resolution 9.2 Highways. Streets and Sidewalks 9.3 Parking and Traffic 9.4 Creeks, Bridges and Parks 9.5 Water and Sewer 10. DISCUSSION ITEMS 10.1 Sidewalk Overview— Recap of 2012 10.2 Superintendent's Job Description 10.3 Newman Golf Course — Deed for Land 10.4 NYS Betterment Agreement 11. New Business 12. Adjournment If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607 - 274 -6570 at least 48 hours before the meeting. The Board of Pudic Works meets on the second, third and fourth Wednesdays of the months at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request wrillen comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Notes for BPW Agenda, December 10, 2012 5. Public Hearing for Installation and Assessment of New Sidewalks and Curbing during the Old Elmira Road "Complete Street" Project I believe most of my comments are in the Agenda for December 3rd, covering the general topic and the reaction you should expect once property owners have received notice of the project and the impact on them as adjacent property owners. Attached is a copy of the basic letter that was sent out over a week ago, along with the summary of assessments that could be expected as a result of the road reconstruction. Under current zoning and development standards most of this money would have to be spent to build these commercial properties today. Many of these properties were probably built in the late '40's or 50's after the two -lane Elmira Road was built (1947 ?) and were a match for the expectations of that time. 8.1 Thank You to Superintendent Bill Gray - Resolution (We are still tweaking this resolution. It will be distributed at the meeting. - Kathy) 9.1A Call of Public Hearing for Authorization to Reconstruct the Commons - Resolution This is a modified resolution from last week's resolution. As it turned out, we need longer than a week in order to get the hearing published in the paper to notify residents and businesses. 10.1 Sidewalk Overview- Recap of 2012 Ray Benjamin has requested and is editing a report on the sidewalk work done in 2012. He will have that ready for the meeting. If it gets to Kathy and me early enough to send out electronically before the meeting, we will forward it. 10.2 Superintendent's Job Description A major element in replacing the Superintendent of Public Works is to know what you want to fill that position. This chance has not come along recently so I thought we should discuss what your expectations or desires are. I have attached a copy of the current job description that I took from the HR files. I need to submit a request to fill this position and they will ask me to update the job description prior to advertising the opening. I would like your thoughts as we get ready to set up a selection committee. I am not advocating changes to how the department has run, but this is the chance to look at radical and moderate ideas so that we have thought about what is possible and selected what we want. As an example, the position is described as the chief administrative position, and then involves technical and administrative responsibilities for the department. The department Page 2 is roughly a $24,000,000 cost in the city budget. You might argue that we should put a business manager in charge rather than an engineer. I have always rebelled against the idea that an organization and the jobs in it should be fixed, and the individuals should fit into them. I think an organization should take advantage of the individuals as they pass through, with their specific strengths and interests. However, Civil Service is much better suited to the former than the latter. At this time we have a strong organization with very experienced senior managers. We could take some risk in changing the lead position if we thought it had advantages for the City, say by hiring an MBA rather than a PE. The same logic would allow you to make other decisions about the manager and the job they occupy. I think one of the issues we will have, if we tried to hire a senior engineer in to replace a senior engineer, is that the city's pay scale may not be strong enough to bring in an outsider. You will get applicants because it is an attractive place to work, but you may not get takers when the offer comes. The last time the city try to hire a Superintendent twenty years ago, the four selected finalists each turned down the job in their tum. The second attempt hired a candidate that lasted nine months. Then an inside individual was offered the job. Recent open department head positions in Planning, Youth Bureau, the Police Department, and the Fire Department have all gone to inside candidates. This could be a coincidence or the excellence of our succession planning, or it could be something else. I would like your thoughts and a robust discussion before we start the process of filling the position of Superintendent. 10.3 Newman Golf Course — Deed for Land We have had recent discussions about the golf course. I thought I would provide the current deed and refer you to the middle of the third page for the statement that says the land is conveyed to the city for any municipal purpose which may promote or further the city's interests. We will pursue the question about what requirements we may need to meet as we discuss how this land may be used to promote current and future goals. 10.4 NYS Betterment Agreement 1 thought you might be interested in this recent (but unfinished) exchange with the NYSDOT about the bridge modifications resulting from the addition of nets to several bridges. The NYSDOT wants to treat the changes as a "betterment" and sent us a bill for any increased effort required to inspect the bridges. WUU2MJ. COH, P.E. supeviwte✓.dent of PubUc Works Deeel bft 5. 2012 Page 3 9.1A Call of Public Hearina for Authorization to Reconstruct the Commons - Resolution WHEREAS, the Board of Public Works recognizes that the Commons is in need of extensive repairs and reconstruction, and WHEREAS, the City has conducted extensive public outreach and evaluation of various reconstruction alternatives, and WHEREAS, section C89 -A of the City Code provides that the Board of Public Works authorize reconstruction of a pedestrian mall including all matters relating to the type, materials and method of construction thereof, and WHEREAS, section C89 -A of the City Code requires that the Board of Public Works shall hold a hearing whenever such reconstruction is assessable, now therefore be it RESOLVED, That the Board of Public Works hereby calls a public hearing regarding the reconstruction of the Ithaca Commons for their meeting on January 7. 2013, and be it further RESOLVED, That staff be directed to publicize this public hearing as set forth in the City Code Page 4 10.2 Sidewalk Overview— Recap of 2012 —Potential Resolution WHEREAS Ithaca has some 80 miles of sidewalks, with many sidewalks in poor condition or missing, leaving a sizeable backlog of work, and city engineers estimate that bringing all badly damaged sidewalks up to code would cost about $7 million, further work costing more, and WHEREAS residents, property owners, and city officials want uniform and attractive sidewalks to assure safety and neighborhood value, and WHEREAS city law requires property owners to maintain sidewalks to a high standard, safe for walking and wheelchair access, and the city can require property owners to install sidewalks where they do not already exist, and an accelerated program of repair is needed to make Ithaca's sidewalks safe, and WHEREAS federal and state programs exist to help defray costs for property owners of limited means, and WHEREAS the policy of sometimes paying for repairs to sidewalk damages caused by city trees has often been contentious and is now moot for lack of funds, and WHEREAS the 25% surcharge for administration as stipulated in the City Code adds confusion, and WHEREAS the BPW has considered sidewalk policy at numerous formal discussions, most recently when a committee of the BPW presented a report "Proposal for Sidewalk Policy" for discussion October 10, 2012, now therefore be it RESOLVED that the current system with responsibility falling on property owners be reformed to emphasize enforcement, fines, and pricing that will encourage owners to hire private contractors to do required work in a timely manner, and be it further RESOLVED that the City Code be revised to remove all reference to tree damages, and be it further RESOLVED that sidewalk compliance be required prior to transfer (sale) of property, and be it further RESOLVED that sidewalk inspection be a regular part of Certificate of Compliance (COC) inspections Tor rental property, and be it further RESOLVED that the BPW establish a firm set of deadline -terms and increasing fines for failure to complete repairs, and be it further RESOLVED that staff be directed to implement this policy, recommending if necessary that the Common Council make appropriate changes to the City Code. Page 5 November 29, 2012 Sample Elmira Rd Ithaca, NY 14850 Re: Proposed sidewalk, driveway and curb assessments at Elmira Rd. Dear Sir or Madam: The City of Ithaca was recently awarded a New York State Multi-Modal transportation grant to reconstruct the 100 -200 blocks of Elmira Road (from the roundabout to Route 13) as a "Complete Street" The improvements will include paving, drainage systems upgrades, new sidewalks and bike lanes on both sides of the street, new street lighting, and other items. According to the City Charter (sections 73 and 89), the Board of Public Works (BPW) can determine to pay for uniform sidewalk improvements, driveways and half of the cost of new curbing in commercial districts through assessments on adjacent properties. Before making such a determination, the BPW most hold a public hearing on this matter. This letter is to notify you that the Board of Public Works will hold that public hearing on Monday, December 10, 2012; the meeting starts at 4:45pm in Common Council chambers in City Hall, 108 East Green Street. A public notice will also be printed in the Ithaca Journal. During the hearing, you will have an opportunity to make a statement to the BPW. If you are not able to attend the meeting, but would like to submit comments, you may submit them to me in writing by the close of business on Friday, December 7M and I will distribute them to the BPW. The Department of Public Works has just begun preparing plans and estimates for the project. Though 1 do not have a refined estimate for your portion of the costs at this time, and though any assessment must be finally determined by Common Council upon a recommendation from the BPW, I can tell you that a preliminary estimate for the work along your property frontage is in the range of $_000 to $_000. The BPW has the discretion to have City crews construct the sidewalk (our intention), to install it by contract or to order the property owner to complete it. After construction is complete, a final cost will be calculated and another public hearing will be held before the BPW to determine the apportionment and assessment of costs. The City does offer a financing plan. We are planning to have a public meeting in January or February to discuss street design and project alternatives. If you have any questions about this project or this process, please feel free to contact me. You can reach me at the above address, at 2746535 or at timlo ®eftyofithac .org. Sincerely yours, Tim Logue City Transportation Engineer Old Elmira Road Complete Streets Project F.Runated costs forsidewalk, driveway, and curbing to be assessed to adjacent property mvnen 11/29/2012 TNL also Clly of l thaca(Bakcr Park) 105.6-5 0 0 565 City of hhaca(across from Baker Park 105-7- 1.2 1501) 0 3nl) LF of SFofnew Costofnew new Costofnew LFof Cast of 5' side- sidewalk drive- drive® new new curb e Street# Street name Owner's name Tax parcel walk $12.12/sf way 513.35/sf curb (1/2) Tatalcast 214 Elmira Rd. Grand Cheese Inc 104,1-9 2.575 $31,209 84 516.821 399 58,985 557,015 205 Elmira Rd. Gy Corporation 116.14 150 $1,818 24 54,806 54 %In $7, {34 207 Elmira Rd. George Saalsa 116:1$32 495 $5,999 60 $12,015 159 52 -185 $20-199 Miduael Wells 209 Elmira Rd. Knapp Car Wash IM 116-1-7 350 $4,242 W $12,015 130 $1,950 $18,207 211 Elmira Rd. Knapp Car Wash Inc 116:1;; 315 31,818 60 $12,015 121 51,845 $17.678 215 Elmira Rd. Tri-Star Holding Crop 116:1 -9 180 $416% 24 $4.806 ion 51,5111 $10,912 217 Drove Rd. William Card 116.1 -10 1,195 $14,481 W $12,015 299 54,485 .$30,983 Mary F Card 222 Elmira Rd. Ithaca Joint Venture 117.2 -1.2 2,205 $26,725 fill $12,015 501 $7,515 516,255 225 Union Rd. Brian T Hunt 117:3 -1 910 $11,029 on $12,015 242 $9,6311 $26.674 227 Elmira Rd. Mourners Really, LLC 117.3- -2 5R %.%9 15 .83,004 130 $1.950 $11,923 DI Elmira Rd. Rhircherk Really, LLC 117.3 -3 575 $6,969 60 $12,015 175 $2,625 $21,09 213 Elmira Rd. Newell Willcox 117.34 0 511 15 53,004 0 5!L $1,nlq Ardis Willcox existing existing M S. Meadow St Tompkins Trust Cumpa 117.2 -2 855 $101363 36 $7,209 1) $0 917.M existing B111 Plain Sts Ithaca Housing Au thnri 164. 1 -2 500 $6,060 0 $0 IW $0 $6,060 R2 -h 312 Spencer Rd Lucatelli,Giuliam•Ir 105.7 -1.1 75 $909 0 $0 15 $225 $1.134 B-5 312 Spencer Rd Luralelli, Giuliano lr 116.14 115 $1,394 14 SUN 37 SO 54,197 R2 -a 314 Spencer Rd Luca lelli,Giuhanolr 116.1 -2 900 $101908 14 $2,804 le4 Sn $13,712 R2 -a TOTAIS 1 4170 $ 147,500 646 S 129,362 2,858 5 37,905 5 314,767 also Clly of l thaca(Bakcr Park) 105.6-5 0 0 565 City of hhaca(across from Baker Park 105-7- 1.2 1501) 0 3nl) Jurisdiction: City of Ithaca Jurisdictional Class: Competitive Adopted: 12109/80 Revised: 10/15/91. 05/19/97 OF PUBLIC WORKS DISTINGUISHING FEATURES OF THE CLASS: This is the chief administrative position of the Department of Public Works. The work involves technical and administrative responsibility for planning, coordinating and directing overall public works activities. It is performed under administrative direction in accordance with existing laws and regulations and objectives and policies formulated by superiors permitting considerable exercise of independent judgment in planning, coordinating and carrying out public works projects and programs. The work is reviewed through conferences and reports. General supervision is exercised over the activities of all subordinate public works employees. Does related work as required. TYPICAL WORK ACTIVITIES: • Supervises and directs the construction of new streets and the reconstruction and maintenance of existing streets, curbing, culverts, bridges and parking facilities; • Supervises the construction of new sewer lines and the reconstruction, maintenance and cleaning of the existing sewer and drainage system; • Supervises the construction of new water lines and the reconstruction, maintenance and cleaning of the existing water and distribution system; • Supervises the operation and maintenance of the sewage treatment plant; • Supervises the operation and maintenance of the water treatment plant; • Directs the collection and disposal of refuse; • Plans and directs the maintenance and operation of public buildings; • Plans and directs the maintenance and operation of street lighting system; • Plans and directs the installation and maintenance of traffic signs and street markings; • Plans and directs street cleaning, snow removal and ice control; • Plans and directs the maintenance of parks and recreation areas and facilities and equipment; • Plans and directs the public transit system; • Inspects the work of construction and other public works crews in progress and upon completion; • Prepares budget estimates of the Department of Public Works; • Directs budget control and financial operations of the Department of Public Works; • Drafts specifications for and recommends the purchase of equipment, machinery, materials, tools and other supplies; • Directs the preparation and maintenance of a variety of activity, cost, personnel, statistical and related records and reports; • Attends meetings and conferences to assist in the formulation of policy relating to public works activities; • Reviews and adjusts complaints regarding public works projects and activities; • Plans and coordinates public works programs and projects with other city and public and private activites and functions; • Sensitive to the needs of a positive affirmative action program; • May provide assistance to persons with disabilities in reaching less accessible areas of City facilities. Superintendent of Public Works Page 2 FULL PERFORMANCE, KNOWLEDGES, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS: Thorough knowledge of the principles and practices of the administration of a public works department; good knowledge of the practices, techniques, tools, equipment, materials, terminology and safety precautions of street, sewer and water construction, extension, maintenance and repair, good knowledge of the practices, tools, equipment and terminology of refuse collection and disposal, park maintenance, recreation area and facility maintenance, street cleaning, snow removal, ice control, street lighting and related public works activities; good knowledge of the operation and maintenance of sewage treatment systems; good knowledge of the operation and maintenance of water treatment systems; good knowledge of federal, state and local laws and regulations relating to public works activities; ability to plan, develop, coordinate and carry out municipal programs; ability to analyze technical public works data, arrive at logical conclusions and present facts and findings clearly and concisely; ability to understand and carry out complex administrative and technical oral and written directions; ability to get along well with and secure the cooperation of others; ability to train subordinates in public works methods and procedures; ability to successfully work with and serve a diverse local community; good address; sound judgment; initiative and resourcefulness; integrity; dependability; physical condition commensurate with the demands of the position. MINIMUM QUALIFICATIONS: A. Graduation from a regionally accredited or New York State registered college or university with a Bachelor's Degree in Civil Engineering and eight years of street construction, or related large scale construction, or municipal public works experience, three years of which shall have been in a responsible supervisory or administrative capacity; or B. Graduation from high school or possession of a high school equivalency diploma and twelve years of street construction, large scale construction or municipal public works experience, at least three years of which shall have been in a responsible supervisory or administrative capacity; or C. An equivalent combination of training and experience defined by the limits of (A) and (B) above. NOTE: The probationary period for this position shall be not less than twenty-six weeks or more than fifty -two weeks. state of xuw Ya•ti County of Tompkins Of On this / day of January , in the year One thousand nine hundred and teenty -five before me, the snbacrlber, personally appeared Henry A. St. John, Paul S. Livermore and Jared T. Nemaan tome personally known to l,e the same persons described in and who executed the fore - 'gGiug' $lailwnent, and they severally acknowledged tome that they executed the samea.e. t--. — tic_,Iarwp��Fu..�L•. /,io7:. -�z, - Hatery Pub11c_ ....... ............................... i u' i m - �, ' `A J N a i \`jt�lalV_ v� E•. d� c z IryI,.Ntlm Oy, .-hum, fnw Wmo-4 ... 6.. PoDWDm.¢ ..B. v„.Ya dlb �drnturr, Made. the 27th day of January , in the year One thousand nine hundred and twenty -five �bdwwm Henry A. St. John and Paul S. Liver,, :ore, of the City ^° _theca., and Jared T. Newman, of the Town of Ithaca, in the Comity of Tompkins and State of New York, as joint tenants in trust of the lands hereinafter deocrihed, part y of the first part and the City of Ithaca, in the County of Tompkins acid State of New York, part y of the second part %ltn"$&tytt,, . That the said part y of the first part for and in consideration of One Dollar and ct]er valuable consideration ($ 1.00 )• lawful money of the United States, paid by the said party of the second part, do es hereby remise, release and forever Quit Claim unto the amid part y of the second successor part, it,, -heirs and assigns forever. 'AU that Graet. -Piave or 'Pa[uh of iamb, situate in the Town and 01dfy of Ithaca ,County of Tompkins , and State of New York, designated a.s Blacks Numbers 146, 149, 1::0, 151, 152, a -w e11 that portion of Lot Number 153 lying west of Lake Avwme. Also no earch of tho strip of lanA known as Lake Avenue extending from the north bank of old Fall Creek in a northwesterly direction to Cayuga Lake and Cayuga Inlet as was conveyed to JareC I. Neuman by d -eI of Peter D. Bradley and ethers dated April 4, 1906 and recorded in the Tompkins County Clerk's Office in Libor 162 of Deeds at nape 543; being the sous laude which were ca -veyed to Bradford Almy, George H. Baker and Henri A. St. John their survivora and successors, an trustees, by deed of Jared ff. Newman and wife dated December 31 1906, and recorded I': the Tompkins DP1nty Olerk's Office in Book 164 of Deeds a- page 224. LxOe-:ting therefrom the lands cenveynd to John H. Duncan by deed dated December 31, 1909 ' and recorded in Tompkins County Clerkle Office in Libor 171 of Deeds at page 106, consisting of 11.58 acres and being parts of Blocks 151, 152 and 153, bounded and described in said deed as follows:- OOmmencing at the intersects n of the north side of Old Fell Creek wich the east line cf Lake venue as designated on the St. John„ DeWitt & Woodward map, running thence northwesterly along the east line of said Avenue about 313 feet to the Northeast wrier of Block 151 said point being at the ucuth- west corner of the Renwick Tract (Military Lot No. 8',) running thence north along the east lino If Lot Fc. '_51, > 3 1 feel to the inter- section of the north line extended westerly Of the lands conveyed by Herman Bergboltz and Adelina Bergholtz to the Ithaca Glass Mmufactsa'- ing Company by deed dated Oct. 17, 1898, and recorded in Tompkins County Clerk's Office in Book 151 of Deeds at page 18, reaming thence southwesterly about 1410 feet to an iron monument standing 34 feet from the north shore of the Cayuga Inlet measured On a line parallel with the line of the so- called New Channel of said Inlet, thence southwesterly along said parallel line 34 feet to the shore of the Inlet, thence eaeteriy along the north shore of tie Cayuga Inlet of Casaadilla Creek end Old Fall Creek to the plane of beginning. Excepting and reserving therefrom a at, is of land 66 feet in width con- stituting the eastern portion of Lake Avenue as so laid cut on the map of St. John, DeWitt & Woodward;" but not excepting the right of way for the benefit of the remaining lands hereby conveyed situate on the north side of the premises conveyed to said Duncan, which cone reserved in the deed to said Dunoan and therein described as follows: "The right of way for a railroad track along the west side of said 66 `r.Ot strip for the use of the D. L. & W. R. R. or of the L. V. R. R. OO -'OT their successors er of Such other company as either of said railroad companies, or as the parties of the first part, their successors or asst e, may permit to use said track; and reserving the furtber privilege of permitting either said D. L. & W. R. R. CO. or the Lehigh Valley R. R. Co. or their succes- sors to construct the second track in event satisfactory arrang, ments cannot be made for the use of the sa'ae track. But in no case shall said rights so reserved extend over more land than a stria 34 feet in width on the west side of said 66 feat strip; and in ease one track only is required it shall be built next to the 66 foot strip. The grantee herein to have the right to cross said right Of way with other railroad tracks or with highways in nay suitable manner. It is further understood that the grantee is to consent to the use of any cart of said 66 foot strip for any street surface railway desired by the City of Ithaca or by the parties of the first part.' Together with all the rights, privileges and interests which the party of the first part now enjoys oz is entitled in and to all the lands first herein above described. This conveyance is subject however, to the existing arrange- ment for the leasing of the portion of the premises above described to A. B. & W. C. Lockwood which has been ratified and approved by the party of the second part. This conveyance is made to the party of the second part by virtue of the provision contained in the original deed of trust and preserved in subsequent conveyances, to terminate the trust by the conveyance of the said lands or any part thereof to the City of Itbac, for any municipal purpose, or to spy person or persona, corporation or agency, through whom or which in the judgment of the parties of the first part, their survivors or successors, the interest. of said City may be promoted. Thor, is rlco to be exaeptcC from the lards originally con - veyPd to t.hr, trJEtPII, Ie first ^erei.n above described, all the la ^_dc, ri-ht< am, ixterects whic'. were conve-ye' by the Trustees to Cornell University by deed dated a,y-.. ¢. ,..••(•'1 and recorded in Book I64 of 7ceCa at page <yo c to ^-scadilla C :heal by Coed date's mdse- 4, 1913, and rccore ed iv. book 171 of Deedc at page 543. The partie. of the first part as suc'_± joint tenants in trust for the ccn.eideration aforesaid, eD oacc hereby r =_lease end gnit- C1.1m onto tic said ?arty of the cccon. pest the lands held by them on the Fast side -S Inlet in. th said ,ity :f Ithaca, b000ded as fellows: On the nsrtl, by tie lands cc: :veyed to 'ha City of Ithaca by dead of Candace 'dilliams dated Dec. 50, 1908, and SeoI,Ced in Book 159 of Deeds at Inge -736; on tl.a east by the Cayuga ln;at; on the souti: by tl..r Reath line of lanon ;nneveyed t„ Fro3 L. Clock by the deeds hcreia.Iftcr i.csoriba d; err en `ho west by the Cleuwood Boulevarl. Scion tl:n sass 1a'ids •u:, icli wer -- convevei to said Fred L. Clock by deed of Fred -X, Brooks at al. dated Karch 8, 1812, and recordcd i_r Hook 177 of r, -do at ;aye 562; dead of Franklin C. ilc,rnall e: el �a L.,. <a:,::: 8, 1 712, , -1 rc.-;. ed in Book 177 O +° Deal,, u.t S;a-e F,55; '..l by %c.E,l of Tom,k!as �,. National Bank dated tial.h 16, 1e13, U rocs r :,cd in '!cos: 171 ..F Deeds at .. "1 358. This c, ,ce L, 0'1 jact ::e ti _ 'ruse �z t°.:c wareel lest :,ove 3esu-LL- wit; TLo.as Rant'l..e ro ' -r Co. Inc. liven by Fn,,, L. Clock to This e.anveyaame t . _ - ,. tike Parcel last ebcve l :. S,y 00. Inn. and subject to a moi t„e. 1 1 e �a: to I thaar: _rm;t G..-)any 1i L,, oh 1 91x, oa 11.11 Ch __ a,aid $2305.SZ rctth interest from San. 2.5, 16:5. The ,arty of the secr.ad part asscnes all obli�ntions of tl:a ;arty of the first ;;art in respect tP the leases eforeeaid. /,. BoSet4er with the appurtaximoma; and all the estate and rights of the said part Y of the.fir�tpart in and to said premises. %o -lave dab to x014 the above granted, bargained and described premisas unto the said part y of the second part, its suco and assigns forever. In Witness Wbercof, The said parties of the first part bav, hereunto s� t - hand and seal r the day and year fi A above written. Page I of 2 Bill Gray - RE: BETTERMENT AGREEMENT FOR THE MEANS RESTRICTION NET BRIDGES From: Bill Gray To: Unobagha, Ezika (DOT) Date: 11/8/2012 5:31 PM Subject: RE: BETTERMENT AGREEMENT FOR THE MEANS RESTRICTION NET BRIDGES CC: Egan, Shirley; Keefe, John Mark; Lavine, Aaron Zik, I have had a chance to do a quick review of the "Betterment Agreement" you sent me today and I have a few questions. As I understand the term , a betterment agreement is used for work which the DOT feels is outside the normal scope of work anticipated on a project. In this case the betterment is described as additional inspection requirements for bridges with net systems owned by the City (three bridges) and Comell (one bridge, College Avenue or Central Avenue). Schedule A goes on to describe that rope access or some other type of access may be required and that the Inspections may incur additional costs for bridge inspections which will be billed to the City and Cornell as the owners of the bridges. 1. The agreement's Schedule A contains a note indicating that the DOT expects a payment of $30,000 to cover the local costs for additional inspection efforts. I can not tell if this is for work already done or in anticipation of work which will be done. There is no breakdown or back up for the figure. The write up seems to imply that every time the DOT does an inspection of one of these bridges they reserve the right send a bill to the owners for any work which they feel results in an additional cost. Is this just the first bill in a long chain of bills? Is this bill a prepayment of future costs for future inspections? 2. The agreement is based on the idea that the nets represent a betterment. However the nets are being installed because the safety of the bridges and the users of the bridges is deemed to be inadequate. In that sense the work is not a betterment to the design, but a completion of the design so that it can serve the community safety. Why should the city and Correll agree that this is a betterment resulting in extra work, rather than a correction to the bridge design resulting in necessary work? 3. Since the bridges are owned by the City and Connell, is it your intention to have two agreements, one for each owner? Will the the $30,000 figure be prorated or based on individual experience? 4. I imagine that there are other bridges in the state that require rope Inspection or specialized climbing due to the design, size, or configuration of the individual bridge. Do those communities all have betterment agreements because of the additional effort required to inspect their bridges ?. 5. Please provide me with a New York State community that has a similar betterment agreement for bridge inspection costs so that I may contact them about their experience operating under the proposed agreement. I will forward the agreement you have provided to both the City Attorney and Comell Corporation Council's Office for their review. I expect they will ask me the questions I have asked you, and possibly more. Thank you for your help, Bill William J Gray, P.E. ' Superintendent of Public Works City of Ithaca, Ithaca, New York (607) 274 -6527 file: /%C\Documents and Settings \billg \Local Settings\ Temp \XPgrpwise \509BEC7Ccoimai... 1118/2012 Page 2 of 2 >>> "Unobagha, Ezika (DOT)" <Ezika.Unobagha @ dot.ny.gov> 11/8/2012 3:26 PM >>> Thanks Bill. From: Bill Gray [maiko:billg @cityofithaca.org] Sent: Thursday, November 08, 2012 3:24 PM To: Unobagha, Ezika (DOT) Subject: Re: BETTERMENT AGREEMENT FOR THE MEANS RESTRICTION NET BRIDGES Zik, I haven't read R, but I do have it. Once I saw your e-mail, I looked back and found one forwarded to me from the Planning Office that I had not opened. It appears to contain the same information. Will William I Gray, P.E. Superintendent of Public Works City of Ithaca, Ithaca, New York (607) 274 -6527 >>> "Unobagha, Ezika (DOT)" <Ezika.Unobagha @dot.ny.gov> 11/8/2012 12:49 PM >>> Bill, Attached is the agreement that I talked to you on the phone about. Please confirm your receipt of this and let me know if you have any questions. Thanks Zik Unobagha Regional Structures Management Engineer NYSDOT- Syracuse NY (315) -428 -4375 (Office) (315) - 729 -0698 (Cell) tile: /JC: \Documents and Settings�billg \Local Settings\ Temp \XPgrpwite \509BEC7Ccoimai... 11/8/2012 Press F1 to see Imon.ctlons in blank fields Betterment Project Agreement (8/12) MUNICIPALITY /SPONSOR: _ PROJECT ID NUMBER: 375561 BINS:2210630, 2210620, 2210570, 2268290 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Betterment Project Agreement COMPTROLLERS CONTRACT NO. This Agreement, effective this / / between: the New York State Department of Transportation ( "NYSDOT'), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ( "State "); and, the City of Ithaca, (the "Municipality/Sponsor") acting by and through the Mayor with its office at 108 East Green Street, Ithaca, NY14850. WITNESSETH: WHEREAS, pursuant to Highway Law §10(27) the Commissioner of Transportation may (the "Commissioner "). upon the request of a Municipality /Sponsor, perform for and at the expense of such Municipality/Sponsor, any work of construction or reconstruction, including the removal and relocation of facilities, provided the Commissioner deems it practicable to perform such work for such municipality/sponsor in connection the performance of any work of construction, reconstruction or improvement under the Highway Law; and WHEREAS, pursuant to Highway Law §10(27) the Municipality/Sponsor has requested NYSDOT to perform a betterment described in Schedule A annexed to this Agreement (the "Betterment" or the "Project" hereunder) in connection with the mitigation of safety concerns through additional inspection requirements for bridges with net systems owned by the City of Ithaca ( "Municipality/Sponsor ") and Cornell University (the "Company "); and WHEREAS, there is a substantial public interest in and benefit to the performance of the Betterrhent, which will be part of the City of Ithaca and Cornell University highway system and , will mitigate or improve safety conditions for the general public; and ' WHEREAS, NYSDOT has estimated the cost of the requested Betterment work to the Municipality/Sponsor; and ' WHEREAS, in connection with this Agreement and no later than NYSDOTs award of contracts inclusive of the work contemplated by this agreement, the Municipality/Sponsor shall deposit with the State Comptroller, subject to the draft or requisition of the Commissioner, the amount of the such cost estimate in a manner set forth in this Agreement, to be expended on the costs of the project so requested and approved; and WHEREAS, the •Legislative body of the Municipality/Sponsor by Resolution approved the Municipality's /Sponsor's entry into this Agreement (a copy of such Resolution is attached to this Agreement). , Press F1 to see instructions in blank fields Betterment Project Agreement (W12) NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: ARTICLE 1: DOCUMENTS FORMING THIS AGREEMENT 1. Documents Forming this Agreement. This agreement consists of the following: $ Agreement Form - this document titled "Betterment Project Agreement "; 9 Schedule "A" - Description of Project, funding and deposit requirements; $ Schedule "B" - Phases, Subphase/Tasks, and Allocation of Responsibility $ Appendix "A" - New York State Required Contract Provisions $ Appendix "A -1"- Supplemental Title VI Provisions (Civil Rights Act) $ Appendix "2" - Iran Divestment Act $ Appendix "B "— U.S. Government Requirements $ Municipal /Sponsor Resolution(s) - duly adopted municipal resolution(s) authorizing Agreement on behalf of the Municipality. ARTICLE 2: PROJECT: MUNICIPAL /SPONSOR DEPOSIT 2.1 NYSDOT will perform, construct or cause to be constructed the Betterment work described in Schedule A annexed hereto in accordance with plans and specifications related thereto, as they may be amended or revised, and subject to such change orders as may be approved by NYSDOT in connection with its administration of the work and other work under the contract or contracts to be awarded by NYSDOT for or relating to the work under this Agreement. 2.2 The Municipality /Sponsor, will deposit with the State Comptroller in a project escrow account the full amount of the estimate for the cost of the Betterment as described in Schedule A for payments by the Comptroller on account of Project costs and the reimbursement to the municipality /sponsor of any excess amount of such deposit after project close out. 2.3 Monies in the project account shall be paid on account of Betterment costs on the warrant of the State Comptroller on vouchers or requisitions approved by the Commissioner. 2.4 Upon completion and payment of the Betterment contemplated herein the Commissioner shall determine the costs thereof to be borne by the Municipality /Sponsor, and any excess of the deposit shall be paid to the Municipality/Sporisor on the warrant of the State Comptroller on vouchers approved by'the Commissioner; and, in the event such costs exceed the amount of the deposit, the Municipality/Sponsor shall within 90 days of the receipt of notice from the Commissioner pay the amount of such deficiency to the State Comptroller. 2.5 The Municipality's /Sponsors performance of its obligations hereunder is to be financed from (check applicable source or sources if the municipal deposit is financed thereby): ❑ the proceeds of one or more loans from _ that the Municipality/Sponsor represents have been committed as evidenced by the commitment letters annexed hereto. The Municipality/Sponsor pledges proceeds of such loans to the performance of its obligations hereunder in amount sufficient to pay for Betterment costs hereunder; ® from amounts deposited by Comell University (the Company) with the City of Ithaca ( "Municipality /Sponsor') into a segregated account solely for the purpose of financing Betterment costs, pursuant to the Municipality's /Sponsor's resolution establishing such Press F1 to see Instructions in blank fields Betterment Project Agreement (0112) account and providing for expenditures therefrom for such purpose; ❑ by an irrevocable letter of credit, bond or other security (annexed hereto) acceptable to NYSDOT in the full amount of estimated Project Costs per Schedule A, solely for the purpose of paying Betterment costs and providing for expenditures therefrom or sight drafts thereon by NYSDOT negotiable through and acceptable to the State's depository bank for such purpose; or ❑ from an escrow established pursuant to a written escrow agreement between the Municipality/Sponsor and the Company solely for the purpose of financing Betterment costs, pursuant to the Municipality's /Sponsor's resolution authorizing such escrow Agreement and providing for expenditures therefrom for such purpose. ARTICLE 3: PROJECT RESPONSIBILITIES 3.1 General Description of Work. The work of the Project consists of the inspection of the three City of Ithaca owned bridges and one Cornell University owned bridge namely BIN 2210630- Thurston Avenue bridge over Fall Creek, BIN 2210620 - Stewart Avenue bridge over Fall Creek, BIN 2210570- Stewart Avenue bridge over Cascadilla Creek(City of Ithaca owned bridges) and BIN 2268290 - College Avenue bridge over Cascadilla Creek(Comell University owned bridge) and is contained in the work program attached hereto as Schedule B, and any additions or deletions made thereto by NYSDOT subsequent to the execution of this Agreement for the purposes of conforming to New York State requirements. Schedule B identifies the parties responsible for the tasks associated with the work of the Project. 3.2 Access, Control, Operation, Maintenance and Reconstruction of Project. The party responsible for the performance of the work pursuant to Schedule B shall have such access to and control of the right of way related to the Project as it may require for the performance of any of its work of the Project. ARTICLE 4: MANNER OF PERFORMING WORK 4.1 Performing Work. NYSDOT shall accomplish the work of the Betterment either with its own forces or by contract let in accordance with applicable law. NYSDOT may contract with any person, firm, corporation or agency, either governmental or private. to accomplish the Betterment, in accordance with applicable law. The parties acknowledge that inspection of the Bridges by the NYSDOT will not include any inspection of the net systems or net system component parts themselves by the NYSDOT or contractors or agents,working on behad of NYSDOT. The City of Ithaca acknowledges that with respect to the City-owned Bridges, and Cornell acknowledges in a separate City- Comell Agreement that with respect to the Cornell- owned Bridge, that each will remain solely responsible for net system inspections and any maintenance or repair of net systems under its own respective Bridge(s), as owner of the Bridge(s) and net systems (subject to acceptance of ownership of City-owned Bridges as provided in the City- Comell Agreement). 4.3 Public Use. The Betterment constructed or improved pursuant to this Agreement will be available at all times for use by the public and no signs or physical barriers to the contrary shall be erected by the Municipality/Sponsor (or the Company). 4.5 State Access. Construction contracts shall permit and require that contractors permit the NYSDOT to inspect the projects and work sites at any time deemed necessary by NYSDOT. Press F1 to see into clions in blank rods Betterment Project Agreement (811 2) ARTICLE 5: ASSIGNMENT 5.1 Other than contracting for the performance of its responsibilities as contemplated herein, the Municipality /Sponsor covenants agrees not to assign, transfer, sublet or otherwise . dispose of this Agreement or any part thereof, or any of its right, title or interest therein, or its power to execute this Agreement without the prior written consent of the Commissioner of Transportation. ARTICLE 6: REMEDIES 6.1 In the event that NYSDOT fails to commence the Betterment in accordance with the development timetable identified in Schedule A the Municipality /Sponsor may, with the consent of NYSDOT, elect to proceed with the Project and , if required, pursuant to a NYSDOT Highway Work Permit issued under Highway Law §52. In that event: (a) Upon the draft or requisition of NYSDOT the deposit, net of any amount required to fund Betterment- related costs for work commenced or performed hereunder (including and closeout costs to conclude or transfer performance of the Betterment to the Municipality/Sponsor (or the Company), shall be returned to the Municipality/Sponsor or, at the Municipality's /Sponsor's direction, to the Company for the funding of the Betterment pursuant (for a State Highway System project) to such Highway Work Permit; and (b) This Agreement shall be of no further force or effect except as to Betterment- related work initiated or performed hereunder to such point or required to close out or transfer to the Municipality/Sponsor (or the Company) the work so initiated. 6.2 In the event that NYSDOT delays, does not proceed with or suspends construction of the Betterment for any reason whatsoever either within or outside its control, the Municipality's /Sponsor's sole remedy or recourse shall be as described in section 6.1 hereof. NYSDOTs decision, action or inaction that results in such delay, deferral or suspension shall not be deemed a breach of this Agreement and shall not be actionable for any reason or under any circumstances. ARTICLE 7: TERM OF AGREEMENT; EARLY TERMINATION 7.1 Term of Agreement. As to the Project and phase(s) described in Schedule(s) A executed herewith, this Agreement takes effect as of the date of this Agreement as first above written. This Agreement takes effect as to the Project and phases(s) established in any duly executed and approved supplemental Schedule(s) A as of the dale of such supplemental Schedule(s) A. This Agreement shall remain in effect until final project closeout, or earlier termination of this Agreement in accordance with its terms. 7.2 Suspension or Termination. 7.2.1 For Convenience of NYSDOT. NYSDOT may without cause and for its convenience upon not less than seven (7) days written notice to the Municipality/Sponsor suspend NYSDOT's performance under this Agreement or terminate this Agreement. , 7.2.2 For Cause. NYSDOT may terminate this Agreement by written notice to the Municipality/Sponsor if, before Project completion, the Municipality/Sponsor discontinues its funding or any work required of it hereunder or if, for any reason, the commencement, Press F1 to see Instructions In blank fields Betterment Project Agreement (8112) prosecution or timely provision of the Project is rendered improbable, impossible, illegal. 7.3 Force Majeure. The obligations of the parties hereunder shall be subject to force majeure (which shall include riots, floods, accidents, acts of God and other causes or circumstances beyond the control of the party claiming such force majeure as an excuse for non - performance) but only so long as, and to the extent that, such force majeure shall prevent the performance of the obligation or portion thereof so affected. 7.4 Notices. Any notice, request, instruction or other document deemed by either party to be necessary or desirable to be given to the other parry shall be in writing, and may be given by personal delivery to a representative of the parties, or by mailing the same by registered or certified mail, postage prepaid, or by prepaid express courier to the address first mentioned above. ARTICLE 8: ADDITIONAL PROVISIONS 81 Provisions required by law as contained In Appendix A; Appendix A -1 and Appendix 2 are attached hereto and made a part hereof as if fully set forth herein. ' 8.2 Independent Contractor. For the purposes of this Agreement, the officers and employees of the Parties, in accordance with their status as separate units of government, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as nor claim to be an officer or employee of each other by reason hereof, and that they will not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the other Party, including, but not limited to, Workers Compensation coverage, Unemployment Insurance benefits, Social Security or Retirement membership or credit. 8.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and shall not be amended, altered or changed except in writing, duly executed and approve 9. ' Notice Requirements. 1. All notices permitted or required hereunder shall be in writing and shall be transmitted either: (a) Via certified or registered United States mall, return receipt requested; (b) By facsimile transmission; (c) By personal delivery; ' (d) By expedited delivery service; or (a) By e-mail. Such notices shall be address as follows,or to such different addresses as the parties may from time -to -time designate: New York State Department of E -Mail Address: _ Transportation (NYSDOT) Name: Ezika Unobagha Title: Regional Structures Mgmt Engr. Address:333 E Washington St. Syracuse E -Mail Address:eunobagha @dot.ny.gov Telephone Number: 315. 428.4375 Facsimile Number: 315. 428 -4365 Press F1 to see instmdlons in blank reads Betterment Project Agreement (8112) Municipality /Sponsor City of Ithaca Name: Svante L. Myrick Title: Mayor Address: 108 E. Green St.,lthaca, NY 14850 Telephone Number: 607-274-6501 Facsimile Number: 607- 274.6526 E -Mail Address: mayormyrick @cityofithaca.org 2. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States Mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration /billing, resolving issues and problems and /or for dispute resolution. 10. Electronic Contract Payments. Municipality/Sponsor shall provide complete and accurate supporting documentation of eligible expenditures as required by this contract, NYSDOT and the State Comptroller. Following NYSDOT approval of such supporting documentation, payment for invoices submitted by the Municipality/Sponsor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The contracting Municipality/Sponsor shall comply with the State Comptrollers procedures for all Federal and applicable State Aid to authorize electronic payments. Authorization fors are available at the State Comptroller's website at Office of State Comptroller, by email, at eounit(a)osc.state.ny.us, or by telephone at 518 - 457 -7717. When applicable to State reimbursement by the NYS Thruway, registration fors and instructions can be found at the NYSDOT Local Programs website at Local Programs Bureau. The Municipality/Sponsor herein acknowledges that it will not receive payment on any invoices submitted under this Contract agreement if it does not comply with the applicable State Comptroller and /or NYS Thruway Authority's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. MUNICIPALITY /SPONSOR: MUNICIPALITY /SPONSOR ATTORNEY: M Print Name: Print IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officials as of the date first above written. Press F1 to see instructions In blank fields STATE OF NEW YORK a'ettermenl Project Agreement (8112) ) )ss.: COUNTY OF ) On this day of , 20 before me personally came to me known, who, being by me duly sworn did depose and say that he /she resides at that he /she is the of the Municipal /Sponsor Corporation described in and which executed the above instrument; (except New York City) that it was executed by order of the of said Municipal /Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof; and that he /she signed his name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: STATE OF NEW YORK ATTORNEY GENERAL By: By: For Commissioner of Transportation Assistant Attorney General Agency Certification: In ' addition to the COMPTROLLER'S APPROVAL: acceptance of this contract I also certify that original copies of this signature page will be attached to all other exact copies of this contract. By: For the New York State Comptroller Pursuant to State Finance Law 1 112 ' APPENDIX A -1 SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) (To be included in all contracts) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor ") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation of the United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA ") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by It during the contract, shall not discriminate on the grounds of race, religion, age, color, sex or national origin, sex, age, and disability /handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by NYSDOT or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to NYSDOT's Office of Civil Rights or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, NYSDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a) Withholding of payments to the contractor under the contract until the contractor complies; and /or b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations. or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor procurement as NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request NYSDOT to enter into such litigation to protect the interests of NYSDOT, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX 2 IRAN DIVESTMENT ACT Asa result of the Iran Divestment Act of 2012 (Act). Chapter I of the 2012 Laws of New York, anew provision has been added to the State Finance Law (SFL). § 165 -a, effective April 12, 2011. _ Under the Act. the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of "persons" who are eneaged in "investment activities in Iran" (both are defined terms in the law). Pursuant to SFL j 165- a(3)(b), the initial list is expected to be issued no later than 120 days after the Act's effective date. at which time it will be posted on the OGS website. By entering into this Contract Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website. it will not utilize on such Contract any subcontractor that is identified on die prohibited entities list. Additionally- Contractor agrees that after the list is posted on die OGS website, should it seek to renew or extend the Contract, it will he required to certify at the time the Contract is renewed or extended that it is not included on the prohibited entities list. Contractor also agrees that any proposed Assignee of the Contract will he required to certify that it is not on the prohibited entities list before the New York State Department of Transportation ( NYSDOT) may approve a request for Assignment of Contract During the term of the Contract. should NYSDOT receive information that a person is in violation pf the above - referenced certification. NYSDOT will offer the person an oppoitunily to respond If the person fails to demonstrate Thal it has ceased its engagement in the investment which is in violation of the Act within 90 days after the detemtination of such violation, then NYSDOT shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance. recovering damages, or declaring the Contractor in default. NYSDOT reserves the right to reject any request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract. and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list alter contract award. Schedule A (itml) Press 71 to read instructions in blank fields Page 1 of 3 SCHEDULE A— Description of Project Phase, Funding and Deposit Requirements NYSDOT/ State -Local Agreement - Schedule A for PIN OSC Municipal Contract #: Contract Start Date: I 1 tmmiemnwr Contract End Date: 12131 @013tmmmahnyi ❑ Check, i /date changed loom the last Schedule A Purpose: ® Original Standard Agreement ❑ Supplemental Schedule A No. Agreement ❑ Locally Administered Municipality /Sponsor (Contract Payee): Type: Other Municipality/Sponsor If applicable): ® State Administered List parlkipaling Munkipallly'ies) and the % of cost share W each and Intlkate by checkbox which Mumcryalily this Schedule A applies. ® Municipality:City of Ithaca 100% of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phases) to which this Schedule applies: ❑ PE /Design ❑ ROW Incidentals ❑ ROW Acquisition ❑ Construction /CI /CS Work Type: OTHER (See Footnotes) County (If different from Municipality): Tompkins County Project Description ❑ !Clock, uchanged Irene last schedule Al: Added cost of Bridge Inspection. Additional Project Description ('d required): Extra costs due to the presence of net systems. Marchiselli Eligible ❑ Yes ® No Marchlselll Allocations Approved FOR All PHASES To compute Tatel Costs in the lestrow and column, right crack In each fetid and ./act "Update Feld.' Check box to indicate Project Phase mange from last State Fiscal Years) TOTAL ScheduleA PE/Design ROW (RI8 RA) I Construction/Cl/CS ❑ Cumulafive (old for all prior SF Ya $ $ $ $ 0.00 ❑ i Current SFY $ $ $ $ 0.00 Authorized Allocations to Date $ 0.001 0.00 $ GoGI $ 0.00 A. Summary of allocated MARCHISELLI Program Costs FOR ALL PHASES For each PIN Fiscal Share below, show current costs on Me news indicated as "Current.'. Show the old costs from the previous Schedule A on the row, indicated as "Oki' To compute Total Current Costs In the lastmw, right click in each held andin lect'Updale Field.." LOCAL PIN "Current" or Federal FEDERAL STATE LOCAL DEPOSIT T Fiscal Shan: Old" entry Funding Total Costs Participating Share MARCHISELLI Matching (Required indicator Program and Percentage Match Share only if State > ' Administered) Current $ $ Current $ $ 5 $ $ - Current $ $ - S ]Current Current $ $ $ 5 Current TOTAL CURRENT COSTS: 5 0.001I $ 0.00 - r. nn t t rro n nn Schad Afnn11 Press F1 to read Instmaions in blank fields NYSDOTIState -Local Agreement — Schedule A Page 2 of 3 B. Summary of Other (including Non- allocated MARCHISELLI) Participating Costs FOR ALL PHASES Far each pIN F4aca/ share, show current rosts on the rows Indicated as "currant.: Show, the old cos(s hom the previous Schedule A on the mw indicated as "01 ° To compute Total Current Costs In lastrow, right click in each field and select "Update Field." Other PIN Fiscal Shares 'Current' or'Ol indicator Funding Source TOTAL Other FEDERAL Other STATE Other LOCAL STATE Cost Current 100% Local 53000000 $0.00 $0.00 $30,030.00 $0.00 $0.00 so $30,000.00 $30,000.00 Current $ $ $ Current S S 5 5 Current $ $ $ $ ��LlfiCn� 4 P 4 Cu«enl 5 � 5 Curtenl Y TOTAL CURRENT COSTS: $30,000.00 C. Total Local Deposit(s) Required for State Administered Projects: $30,00.00 D. Total Project COStS To compute Total Cosh in Me last column, right click in the said and select "Update Field." Total FEDERAL Total STATE Total Other Total LOCAL Total Costs Cost MARCHISELLI STATE Cost Cost (all sources) Cost $0.00 $0.00 so $30,000.00 $30,000.00 E. Point of Contact for Questions Regarding this Name: Ezika unobaaha Schedule A (Must be completed) Phone No: 315428 -4375 See Agreement (or Supplemental Agreement Cover) for required contract signatures. Schad A (1 fit 1) press F1 to read instructions In blank fields NYSDOT/State -Local Agreement — Schedule A Footnotes (See LPa's website for link to sample footnotes) Page 3 of 3 • Check No. XXX, in the amount of $30,000.00 was forwarded to the Main Office on DATE to cover the Local cost of additional bridge inspection efforts. • Work Type: Bridge Inspection - NYSDOT inspects BIN 2210630- Thurston Ave Bridge over Fall Creek, BIN 2210620- Stewart Ave Bridge over Fall Creek, BIN 2210570- Stewart Ave. Bridge over Cascadilla Creek (city of Ithaca owned bridges) and BIN 2268290- College Ave. Bridge over Cascadilla Creeek (Cornell University owned bridge) using rope access or other types of access to inspect these bridges. Due to the recent installation of net systems beneath the bridges, bridge Inspections may incur additional costs; which will be billed by NYSDOT to the City of Ithaca and Cornell, as owners of the bridges. SCHEDULE B: Allocation of Responsibility Instructions: Identify the responsibility for each applicable sub -phase task by entering X in either the NYSDOT column to allocate the task to State labor forces or a State Contract, or in the Sponsor column indicating non - 5tate labor forces or a locally administered contract. Task Responsibility NYSDOT Sponsor 1. Bridge Inspection ® ❑ 2. Inspection, Maintenance & Repair of Nets ❑ 1 Pay additional cost of bridge inspections due to presence of nets ❑ SAMPLE RESOLUTION BY MUNICIPALITY ( NYSDOT Administered Project) RESOLUTION NUMBER: Authorizing the implementation and funding of a State "Marchiselli" Program -aid eligible transportation federal -aid project, to fully fund the local share of federal-and state -aid eligible and ineligible project costs and appropriating funds therefore. WHEREAS, a Project for the additional Bridge Inspection expenses, P.I.N. (the "Project ") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 0% Federal funds and 100% non - federal funds; and WHEREAS, the Council of the City of Ithaca desires to advance the Project by making a commitment of 100% of the non - federal share of the costs of added @ridge Inspection expenses due to nets work for the Project or portions thereof, with the federal share of such costs to be applied directly by the New York State Department of Transportation ( "NYSDOT ") pursuant to Agreement; and it is further NOW, THEREFORE, the City Council, duly convened does hereby RESOLVE, that the City Council hereby approves the Project; and it is hereby further RESOLVED, that the City Council hereby authorizes the City of Ithaca to pay in the first instance the full nnn- federal share of the cost of additional Bridge Inspection work for the Project or portions thereof; and it is further RESOLVED, that the sum of $30,000.00 is hereby appropriated from City of Ithaca and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, th.it in the event the nun - federal share of the costs of the project exceed the amount appropriated above, the City Council of City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, that the Mayor of the City of Ithaca the and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the City of Ithaca with NYSDOT in connection with the advancement or approval of the Project and providing for the administration_ of the Project and the municipality's first instance funding of the non - federal share of project costs and permanent funding of the local share of federal -aid and state -aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, that a certified copy of thrs resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. and it is further RESOLVED, this Resolution shall take effect immediately.