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Home My WebLink AboutMN-B&A-2000-05-31 BUDGET AND ADMINISTRATION COMMITTEE MAY 31, 2000 7:30 P.M. COMMON COUNCIL CHAMBERS AGENDA Statements from the Public Amendments to Tonight's Agenda A. Common Council 1. Request to Release Funds for Midnight Basketball Program B. DPW 1. Octopus Project Sculptures DOT Funding Request 2. Cornell Lake Source Cooling Agreement - Discussion/Possible Resolution 3. DPW - Request Funding for Emergency Repairs to Stewart Park Pavilion C. Fire Department 1. Request Funds for Emergency Backup Paging System - Resolution D. Mayor (IURA) 1. Request to Expand West End Target Area for West End Commercial Loan Program - Possible Resolution E. Planning & Development 1. Request Approval of Two Half-time Positions - Possible Resolution 2. Time Warner - AOL Transfer - Discussion/Possible Resolution (Withdrawn 5/31/2000) 3. Request to Amend Southwest Area Land Use Plan Capital Project - Resolution F. Building Department 1. Personnel Item - Executive Session G. Reports 1. Sidewalks - Joan Spielholz 2. 2 Hr. Free Parking - Pat Vaughan 3. Mayor's Report 4. Council Members' Announcements 5. Next Month's Meeting: June 28, 2000 CITY OF ITHACA Virg 310 West Green Street Ithaca, New York 14850-5497 OFFICE OF THE FIRE CHIEF APo�?EO Telephone: 607/272-1234 Fax: 607/272-2793 Memorandum To: Capital Project Committee From: J.Thomas Dorman,Deputy Chief Date: 5/30/00 Re: 2001 Pumper Funding Request There are several reasons that the Ithaca Fire Department is requesting funding for a new pumper in the year 2001. The primary reason is cost. When the Department bid the replacement of two pumpers in 1999,we included an option to purchase a third pumper at the same price. The successful bidder accepted the option,holding the price of the apparatus for one year(the price of equipment was not guaranteed). The Board of Fire Commissioners awarded the 1999 bid on August 16, 1999. This means the City has until August 16,2000 to add another pumper to the bid. We could purchase the third pumper for approximately$380,000.00. This would include a very minimum amount of new equipment. Through our contacts in the apparatus industry,we have learned that the price of apparatus increased by approximately 10%in 2000 and a 4%increase is expected for 2001. If the 2001 apparatus capital project is approved and the City adds another pumper to the 1999 order by August 16,2000,the savings compared to a later purchase would be approximately$54,720.00.. Due to construction time,no funds for the third pumper would be expended in 2000. The only requirement is that a purchase order be issued prior to August 16,2000. Also,the replacement which,would not be completed until late in 2001, would mean that the Department could finally have two relatively good reserve apparatus. Due to the very poor condition of apparatus replaced over the last ten years,we have not retained worn out apparatus for reserve units. We currently have no reserve pumpers and are forced to use an Engine from Central Station when other apparatus is out of service. Reserve pumpers are used when other apparatus is being serviced and is put into service to provide additional response vehicles when a major incident occurs. Quality reserve apparatus is important part of our emergency capabilities. 1 "An Equal Opportunity Employer with a commitment to workforce diversification." �a A 11 1 RESERVE ■ ■ . r',�, kzm', N ` 1111111110111111 ■ ■ . •' moi.; �� a'n�ffi S. � � S 3 .� 3 �� `�".^ `P�3�� X �,gE ��3'�� ',�,��„�,�■� t,(7 NIEMEN PUMPER ■ ■ • • 4 on I� 11101121 m ollsooll -al; in 111111spil T"-,T'll" on logo m sell m I m RESERVE AERIAL 1 . ■ 1 ■ ■ 1 ■ 1 ■ ■ 1 3122111121132MISSIM22111111 lZ RESERVE PUMPER#2 IEEE, RESERVE PUMPER#2 a li ■ Ill I Ime -,1Ss j 1 1111 ■ ■ ■ ■■�■ ■ ■�■ � ■ ■ T'n """ .R g ° •'g`$' MOEN RESCUE 944 MIS WZZl7n—MO 11 minimills _ ■ ■ Y fiat ■ 1 • Ye R , ` " Capital Budget Proposal Thermal Imaging Camera Upgrades MAY 2000 The City of Ithaca Fire Department is extremely fortunate to have two Thermal Imaging Cameras (TIC's). We were able to obtain these through the generosity of our citizens who provided funds outside of our normal operating budget. With the high initial cost of these important pieces of equipment we were unable to buy them with all the available options. Two of these options are the Pyrometer and Video Remote Transmission. We would like to fund these important upgrades with money from a capital project. Basically, the TIC receives thermal energy and translates it into an image on a view screen. It represents temperatures on a gray scale with the hottest temperature as white and coolest temperatures as black. These tools are so important because they allow us to "see" through smoke. They can also help us "see" hot spots in walls and during overhaul. It is here that the Pyrometers would be essential. At present the TIC can only represent relative temperature differences, we do not know the exact temperature of the objects depicted in the view screen. With a Pyrometer equipped TIC we would have an exact temperature readout of the thing we were looking at. In my experience I have looked at an object, like a wall or ceiling, and have seen that it was warm. I would then have to remove my glove and feel with my hand to estimate the actual temperature. After a fire it is extremely important that we cool objects enough to prevent a rekindle. With a Pyrometer an exact temperature is displayed in the view screen. A Fire Fighter or Officer will know in an instant weather or not an object is dangerously hot. A Pyrometer would greatly enhance the operation of the TIC. Another important upgrade to our TIC's would be Video Remote Transmission. After we added this equipment to our TIC's they will transmit a video image to a monitor. This could have an enormous impact on Fire Fighter life safety. With a real time video image of the interior of a fire building the Incident Commander (IC) would be able to "see" the condition of the fire and it's effect on the structure. Presently important information like this must be relayed by verbal radio communications. The real time image would enhance this communication loop by providing visual input. Another life safety issue would be for the 2-out or FAST (Fire Fighter Assistance and Search Team). Their sole job at a fire incident is to intervene when Fire Fighters need help. Their main job is to rescue Fire Fighters. With the real time image provided by the Video Remote Transmission, the team would have invaluable information as to the location of the interior crews and the types of hazards they are encountering. The TIC'S have proven they worth at a number of incidents. With these upgrades they would become even more valuable. Respectfully submitted by, Thomas W. Deis Fire Lieutenant CITY OF ITHACA--SUMMARY OF CP 207 WEST END DEVEL./Bridge Sculptures--5/5/00--CP207 TOTAL AUTHORIZATION 1985-1987 $98,746.00 Reserves 4/2/1997 Amended $48,000.00 Bonds 9000 never issued??? $146,746.00 DATE EXPENDITURES: VOUCHER# AMOUNT DESCRIPTION 9/19/86 TOMPKINS COUNTY CLERK 5214 $21.00 RECORDING FEES T G MILLER ASSOC. 5213 $475.00 ONE HALF COST OF SURVEY SUBST.PARK LANDS 12/30/86 FRANCIS&CO. 5292 $900.00 SERVICES APPRAISAL OF FESTIVAL LANDS 9/19/86 A.JAMES HALL 5212 $18,500.00 PURCHASE OF LAND SUBST.PARK LANDS 2/13/87 MONROE ABSTRACT CHECK DEPOSIT $350.00 ERROR IN SERVICES RENDERED 2/17/87 T G MILLER ASSOC. 5321 $350.00 SURVEY 5 MILE DRIVE 3/8/94 MIDLAND APPRISAL ASSOC 7258 $1,831.56 INLET ISLAND LETTER APP.IN.1 AND 2 2/28/94 MIDLAND APPRISAL ASSOC 7255 $8,424.51 INLET ISLAND SALES BROCHURE ITHACA FALLS 3/18/94 MIDLAND APPRISAL ASSOC 7262 $9,253.50 LETTER APP.IF 1,2,3,5,6,7 SM 1,2,3,4 CONRAIL,SHELD. _ INLET TRAIL,BIKEWAY IF 4 6/16/94 MIDLAND APPRISAL ASSOC 7321 $3,088.50 SIX MILE CREEK P 11,12,17,20 LETTER APP. _ SIX MILE CREEK P 13,15 LETTER APP. 5/25/94 GAYNOR ASSOC. 7297 $5,006.27 3/29-4/24 ENVIR.SIT ASSESSMENT MIDLAND APPRISAL ASSOC 7298 $4,800.00 LETTER APP.SIX MILE CREEK P 5,6,7,8,9,10,14,19 6/28/94 GAYNOR ASSOC. 7352 $245.00 4/25-6.!29 CASS PARK ESA 12/31/95 MIDLAND APPRISAL ASSOC 7966 $13,500.00 APPRAISALS _ _2/6/96 MIDLAND APPRISAL ASSOC 7989 $5,150.60 Services for sm2,4,11,12,17,if4 2/9/96 Tim Merrick _ __ 7999 $300.00 Design honorarium for sculpture designs 2/9/96 John Snyder _ 8000 $300.00 Design honorarium for sculpture designs _ 9/4/96 Cornell University — ($2,500.00) Deposit for Cornell contrib for waterfront design study 8/1/96 John Snyder 268 $300.00 Payment per contract 9/17/96 Trowbridge&Wolf _ _ 343 $7,500.00 Waterfront design Plan 9/5/96 Tim Merrick 334 $411.35 Payment per contract 11/26/96 John Snyder 447 $375.46 Payment per contract 9/17/97 Willkie farr $46.57 Professional services Bonding Attorney 11/14/97 Tim Merrick 971 $500.00 Payment per contract 11/14/97 John Snyder _ _972 $600.00 Payment per contract 1/16/98 Demjanec&Assoc_ _ _ _ 1121 $4,432.85 Architectural service bridge sculptures 4/22/98 Linda Blossom _ 1336 $6,500.00 Fabrication of Murals per contract down payment_ —_ 9/28/98 Fingerlakes Fabricating 1629 $9,790.80 Sculptures aluminum fabrication 8/9/99 Linda Blossom 2144 $3,250.00 4 glazed stoneware murals 50%payment___ _ 9/2/99 Linda Blossom 2219 $3,250.00 Final payment for 4 murals waterfalls 11/15/99 Willkie farr 2338 $57.07 Professional services Bonding Attorney 11/18/99 Fingerlakes Fabricating 2368 $14,686.20 Final payment on sculptures 12/8/99 Fiscal Advisors 2408 $10.61 Professional services Financial Advisors _ 12/8/99 Premier Printing _ 2410 $1.51 Printing of Official Statement 12/8/99 Tim Merrick 2411 $600.00 Completion of Tiles _ 12/18/99 John Snyder 2415 $1,100.00 Payment per contract TOTAL EXPENDITURES $122,708.36 BALANCE OF AUTHORIZATION $24M7.64 --- Route 89 Project Costs $46,512.42 j Authorized 148,000.00 included route 79 bridge of$9,000 Balance 1 487.58 fi _ _ I Fabrication of 4 sculptures $24,477.00 -- -- Design payments _—+ —_-- $8,919.66 ------ — ----- Tiles + _ $13,000.00 Bonding Costs 115.76 t Totals — —— $46.512.42 L lt,,6 (9 ,r STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE, N.Y. 13202 JON P. EDINGER,P.E. JosEPN H. BOARDMAN REGIONAL OIRECTOA COMMISSIONER April 12, 2000 Honorable Alan J. Cohen Mayor, City of Ithaca 108 East Green Street Ithaca, NY 14850 Dear Mayor Cohen: RE: ROUTE 96 IMPROVEMENTS PROJECT CITY OF ITHACA, TOMPKINS COUNTY PIN 3047.04, D256424 The final costs incurred by the New York State Department of Transportation (NYSDOT) for the placement of sculptural elements on the Route 89 and Route 96 bridges over the flood control channel and the concrete Columns added to the Route 79 bridge over the flood control channel have been calculated. The attached "Table 1" summarizes these NYSDOT costs as well as the costs incurred by the City of Ithaca. This table generally follows the outline in "Final Budget for Original Scope of Bridge Sculpture Project" dated June 11, 1997, by J.G.S., which is also attached. The resulting total cost is $142,043.60. This exceeds the funds allocated from the City, NYSDOT, and the contractor by $54,043.60. As you know, the Department's funding allocation toward these items is up to $39,000 as per the attached letter from Charles E. Moynihan, Regional Director, dated July 25, 1997. Also, from the attached City of Ithaca resolution, "Incorporation of Municipal Work: Sculptural Piers" dated November 15, 1994, the Common Council agrees that the State of New York share was limited to the now agreed upon amount of $39,000. Honorable Alan J. Cohen April 12, 2000 Page 2 However, we believe that the original funding intent of this unique public "invitation to design" is to equally divide the costs between NYSDOT and the City of Ithaca. Therefore, in the spirit of this original intent, the Department will participate in 60 percent of the total cost of the sculptural elements. Please refer to "Table 2" which outlines this proposal. Based on these calculations and to equal the costs between the City of Ithaca and the NYSDOT, the balance due from the City is $22,794.80. At this time, we are requesting a check in the amount of $22,794.80 from the City of Ithaca, made payable to: Comptroller, State of New York. Please add the project identification number- PIN 3047.04 and contract number - D256424 to the check. Forward this check to our office to the attention of Diana Miller. We hope that you will find this to be a fair resolution regarding these final costs. We would appreciate your immediate attention to this matter. The contractor's final payment and the retainage held on this contract is dependant upon resolution of this item. Since Santaro Industries, Inc. has been very cooperative in the installation of these sculptural elements as well as contributing a generous amount towards their construction, your immediate attention to this matter would be greatly appreciated. If you have any questions, please feel free to contact Diana Miller at (315) 428-4664. Y GER, P. E. ctor of Tranrrtation Attachments cc: JoAnn Cornish, Department of Planning and Development, City of Ithaca TABLE .1 Route 96 Bridge/FCC NYSDOT City of Ithaca* Totals Fabrication of 4 metal sculptures $24,477.00 Installation of 4 metal sculptures $4,120.79 Install conduits,etc.for lighting $2,100.24 Payments and reimbursables to $2,700.00 designer Sub Total-Route 96/FCC $33,398.03 Route 89)3 ridge/FCC Masonry&roof cap construction $74,909.49 Tile Installation $ 1,050.00 Fabrication of hand painted tiles $13,000.00 Payment and rcimbtusables to $2,000.00 designer Sub Total-Route 89/FCC $90,959.49 R ute 79 Bridgel.FCC Constructing concrete supports $17,686.08 Sub Total-Route 79/FCC $17,686.08 Total Costs $98,816.60 $43,227.00 $142,043.60 Q(o)512 Wz- E U S,311.b 7- costs costs obtained from August 5, 1999 and February 22,2000 faxes from JoAnn Cornish,City of Ithaca,Department of Planning and Development Fund Sources NY'SWT $39,000 City of Ithaca $39,000 Sa.ntaro Industries,Inc. $10:000 Total $88,000 Cost Overruns-$54,043.60 S 71 3?1i, O 2- TABLE Total Cost: $142,043.60 3 2-17, 0 Santaro,Industries, Inc. contribution: $ 10,000.00 Wo ? 2 Sub Total: $132,043.60 shared between NYSDOT and City of Ithaca Or: $66,021.80 NYSDOT share 7 $66,021.80 City of Ithaca share This results in the following balance due to NYSDOT from the City of Ithaca: NYSDOT costs incurred: $98,816.60 (From Table 1) Santaro Industries, Inc. contribution: $ 10,000.00 Sub Total $ 88,816.60 NYSDOT share: $ 66,021.80 L b 7 9 City of Ithaca balance due: $22,794.80 (As a cross check:) City costs incurred: $43,227.00 (From'fable 1) Balance due: $22.794.80 z f,(5-7— v 9 City of Ithaca share $ 66,021.80 7&0 Y, - ---- -June�11. lyyr, vy1.x.5. Final Budget for Original Scope of Bridge Sculpture Project Budget for john Snydees Metal Sculptures (Route 96 Bridge): Fabrication of 4 Metal Sculptures (Source of Estimate:John Snyder) 19,845.00 installation of 4 Metal Sculptures (Source of Estimate:Santam industries) 2,830.74 Payments to Snyder(5300 Honorarium, Design Development Const. Drawings, Const.Oversight) 2,300.00 Reimbursables 250.00 Contingency (Twelve Percent of Above iters) 3027.09 Y' TOTAL 28,252-83 Budget for Tim McMck's Stone & Tile Sculptures (Route 89 Bridge): Masonry & Roof Cap Construction, and Tile Installation (Source of Estimate: Santaro Industries) 18,566.94 Fabrication of Hand-Painted Tyles (Source of Estimate: Blossom Studio ceramics) 13,000.00 Payments to Merrick(5300 Honorarium,Design Development&Const. Drawings,Const.Oversight) 2,300.00 Reimbursables 250.00 Contingency(Twelve Percent of A[We items) 4094.03 TOTAL 38,2 I 0.97 Combined Snyder and Merrick Sculptures Budget: GRAND TOTAL FOR BOTH SCULPTURES 66,463.80 Sources of Funds: Original Allocation Rom D.o.T, 20,000.00 Original Allocation From City of Ithaca(Prom capital Project#207,"west End Dave(opment-) 20,000.00 Contribution Offered by Santaro Industries (Per Don Hathaway of Sarttaro Industries) up to 10,000.00§ Additional Allocation From D.O.T. (Per Brian McMahon of D.o.T.) up to 10,000.00§ Additional Allocation From City of Ithaca (Front capital Project#207) up to 10,000.00 TOTAL up to 70,000.00 §Costs over the original$40.000 are to be shared equally by these parties.the current budget estimates indicate that no party would need to contribute a full additional$10.000.00. Final Budget for Adding Concrete Supports to Route 79 Bridge Aal ; Costs: Constructing Concrete Supports for Future Snyder Sculptures (Source of Estimate: DD.T)17,744.00* 4 Note:After this budget was finalized.a recalculation by D.o,T Sources of Funds: indicated that this item would actually Cost only about S10,000.00. Allocation From D.o.T. (Per D.o.T. Regional Director) 9,000.00 Allocation From City of Ithaca (From Capital Project#207, "West End Development") 9,000.00 TOTAL 18,000.00 A, j f ' n �s STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE, N-Y_ 13202 CHARLES E.MOYNUL N,P.E. JOSEPH H.BOARDMAN REGONAL DIRECTOR COMMCSSIONER July 25, 1997 Honorable Alan J. Cohen Mayor,City of Ithaca 108 East Green Street Ithaca,New York 14850 Dear M r olhen: RE: ROUTE 96 IMPROVEMENTS CITY OF ITHACA,TOMPKINS COUNTY PIN 3047.04,D256424 As requested by Jonathon Meigs of the City Planning and Development Department,the purpose of this letter is to document the Departments understanding and commitment regarding additional fiords toward the sculptural elements on the above referenced project. We are in agreement with the fund sources as outlined in the attached June 11, 1997"Final Budget for Original scope of Bridge Sculpture project"and"Final Budget for Adding Concrete Supports to Route 79 Bridge"as compiled by J.G.Schroeder. The Department will allocate up to an additional$10,000 toward the original sculptural elements on the Route 89 and Route 96 bridges and will allocate up to an additional$9,000 toward the concrete supports on the Route 79 bridge. Please contact our Engineer in Charge,Brian McMahon,at(607)272-5412 to finalize the details of coordinating between the various funding sources. Ve y yo , CHARLES E. O .E. Regional Direct f Transportation Attachment '1 Honorable Alan J. Cohen July 25. 1997 Page 2 cc: Dominick R. Cafferillo,City of Ithaca Comptroller H. Matthys VanCort,Department of Planning and Development, City of Ithaca J. Meigs,Department of Planning and Development,City of Ithaca J. Schroeder,Chairperson,Bridge Oversight Committee,City of Ithaca (618 Stewart Avenue Ithaca,NY 14850) A' J i W ` U - - f. Incorporation of Muuticipal Work: Sculptural Piers LL- By LL By Alderperson Schroeder: Seconded by Alderperson Johnson c) WHEREAS, Section 10, Subdivision 27 of the New York Highway Law (/) �r provides, in part, that the Commissioner of Transportation shall pC N have power, upon the request of the municipality, to perform any O work of construction or reconstruction, including the removal and >- Q relocation of facilities, provided the Commissioner of- Q Transportation deems it practicable to perform such work in, connection with the performance of any work of construction, reconstruction, or improvement, and WHEREAS, the State of New York is presently preparing contract documents for the construction. of Route 96 Improvements, PIN 3047.04, which involves construction of sculptural piers on the new Route 89 and Route 96 bridges to be built over the Flood Control Channel as part of the project, and it has been agreed that the Department will include a fixed lump sum' share of $20,000 in the 4 contract documents for this purpose, and WHEREAS, by previous resolution, the Common Council has stated its allocation of funds for the construction of these sculptural piers will not exceed $20,000; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca agrees that the State of New York project share for the sculptural piers will be Limited to $20,000, and that the City of Ithaca shall be responsible for maintaining the sculptural piers as stated above and as shown on the contract documents (dated ) , including the control of snow and ice, subsequent to the construction thereof, and be it further RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation_. Carried Unanimously STATE OF NEN YORK COUNTY OF TOMPKINS SS: CITY OF ITRACA I. Callista F. Paolangeli, City Clerk of the City of Ithaca, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Common Council of said City of Ithaca at a regular meeting held on the 2nd day of November, 1994, and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seal of the City of Ithaca, this15th day of November, 1994. . . . . �. . . - - • - . . City Cierk of the City of Ithaca TOTAL P.09 1 i � CITY OF ITHACA '`� 108 East Green Street Ithaca, New York 14850-5690 DEPARTMENT OF PUBLIC WORKS -_ --_ William J. Gray, P.E., Superintendent/City Engineer q ♦ Telephone: 607/274-6527 Fax: 607/274-6587 I �;r1Y 2 5 2070 I' [1 ;i MEMORANDUM TO: Patricia Vaughan, Chair B&A r , FROM: William J. Gray, P.E., Superintendent of Public Works WJCq RE: Cornell Lake Source Cooling Agreement DATE: May 25, 2000 Attached are copies of the first three pages of Cornell's October 29, 1999 request for reimbursement. It covers expenses incurred for the City in accordance with the Agreement for Utility Infrastructure Improvements in connection with chilled water line construction. Cornell requests a total payment of$529,881.07, broken down to $363,910.51 as a general fund expense and $165,970.56 from the water and sewer accounts. The agreement dated March 10, 1998, between the City and Cornell outlines responsibility for work done during the project. A copy is attached. While the agreement spells out responsibilities for the work based on physical segments of the project, which the bill reflects, most people remember the cost estimate developed during the negotiations, which reflected the (relative) cost of those responsibilities. Under that cost break down, Cornell's (relative) cost was $1,092,301, while the City's cost was given as $332,800. The City has been billed $529,881.07 and I am told Cornell's expense for its work was $1,700,000. (If correct, the increases in relative to actual expense are 59% and 56% respectively. Since the costs were based on Hudson Street, it is interesting to note that Hudson Street contract was let for $1,131,000. By the time we were through the total cost for the project was $1,770,000 or 56% more than the contract award.) The original water and sewer work under this program and the final work billed changed substantially between 1997 and the time of billing in 1999. Larry Fabbroni undertook and completed the $106,000 of work in the 1997 cost estimate. Cornell was asked to undertake other work. Larry has reviewed and approved their final bill. The billed expense does not reflect other improvements made by Cornell's contractor through exchanges of in kind work with the City crews. The billed costs are being charged to existing capital project approved for this work and no changes are needed. An Equal Opportunity Employer with a commitment to workforce diversification." CIO Page 2 Re: Cornell Lake Source Cooling Agreement Date: May 25, 2000 The remainder of this memo addresses the general fund expense, given in the 1997 cost estimate as $227,000 and now billed at $364,000, an increase of$137,000 or 60%. The existing capital project approved to cover this expense (CP 371) was adopted with the 1999 budget in amount of$200,000. Minor legal and financing expenses have been incurred against it. In order to pay the bill as it now stands and allow for approximately 3% expenses, (internal, legal and financing) the existing project would have to increase from $200,000 to $375,000. What is the framework for this decision? If we (at least briefly) skip over looking for someone to blame, we should address two primary questions and then perhaps a series of secondary questions. The two primary questions are: "Can the cost increases be reasonably explained?"; and "Is it still a good deal for the City?" Some of the secondary questions are: "Did we get what we asked for(vs. what we expected)?"; "Is the end project better than we would have done ourselves?"; and "Did we get the work for less money than we would have spent ourselves?" I will deal with the primary questions. You can ask me the secondary ones. The bottom on Gun Shop Hill is substantially different from Hudson Street, which resulted in a number of cost increases for that section of work. The City has changed some design standards for street reconstruction, which added costs not in Hudson Street original bid prices. List of Cost Differences from Hudson Average Cost Align Road to Bridge, cut embankment $8,000 Lower Road at Lincoln Street, two feet 29,600 Enlarge storm sewer, 18" to 24", add catch basins 9,500 Curved Guide Rails 13,200 Geotextiles in Road Base 6,700 Curb Back Drain (Uphill Side) 25,800 $92,800 The remainder of the cost differential ($44,000 to make $137,000) is in the paving and road base work on this steep section of the street, which makes the layout more difficult and the work slower/more expensive. Based on this, I would say that most of the cost differential can be explained directly. The rest, I attribute to using the Hudson Street bid values rather than the final costs. The City negotiated a deal with Cornell to rebuild 3000 feet of City streets and to split the cost 23%& 77% ($330,000/$1,092,000). At $530,000/$1,700,000 the deal is still 23% & 77%. Because the City and Cornell both changed things in the process of building the project, I would tell you we got more but we are being billed more. I don't like the cost increase, but they are proportionately fair. This seems to be the same deal the city struck. Page 3 Re: Cornell Lake Source Cooling Agreement Date: May 25, 2000 If this is the same deal in cost sharing but at a higher cost, it is fair to ask"Is it still a good deal?" The engineering office had plans to improve both Gun Shop Hill curves and to rebuild the intersection of Lake/University/Willard Way to improve safety. We would have spent over $200,000 in the next several years and would still not have rebuilt the full 3000 feet of City street that was done under this work. Nor would we have rebuilt it to the quality that was done. It is reasonable to believe that we would have under taken a major reconstruction of that 3000 feet in 20 year for a cost in excess of$1,000,000. (There would still be interim paving costs in both cases.) If the additional $137,000 spend now avoids $1,000,000 spent in 20 years it is equivalent to a 10% return on the investment. The non-monetary items in this calculation are: all the sidewalks were replaced and the homeowners have avoided costs for many years, the driveways along Lake Street have been improved, the lower part of Gun Shop Hill looks much better, and the intersection of Lincoln and Lake is safer. In addition to the street improvements, we took this opportunity to make a number of water and sewer improvements that will serve the community for the next century, which has its own economic return/cost savings. The first check I made when I got this bill is the last one I will present. It is the equivalent of the"laugh test" or"does this ring true test." When we (the engineering office) do not know any details, we consider a City street to cost approximately $400/ft. This assumes a lot of things about curbs, sidewalks, tree lawns, drainage, water, sewer, etc. I further break it down to $300/ft for the street and $100/ft for water and sewer. For 900 feet of Lake Street and 50 feet of Lincoln Street the laugh test is 950x$300=$285,000. If the grade is steep and you are lowering the street a foot or more, the test might be 950x$350=$332,500. Cornell's bill passes the laugh test. cc: Rick Ferrel, Asst. Supt. for Streets and Facilities Larry Fabbroni, P.E., L.S., Asst. Supt. for Water and Sewer Dominick Cafferillo, City Controller :f'l ——------------------------- is �No V 1999 U ( ;; �. , CORNELL U N I V E R S I T Y By Facilities& Campus Services Utilities Department Telephone: 607/272-2810 Lake Source Cooling Project Humphreys Service Building Fax: 607/272-3663 Ithaca,New York 14853-3701 wsjI@cornell.edu October 29, 1999 Mr. Bill Gray, PE City Engineer and Superintendent of Public Works City Hall 108 E. Green Street Ithaca, New York 14850 RE: Lake Source Cooling Project Costs to be reimbursed by the City of Ithaca Dear Bill, Attached is the final summary of costs associated with the Lake Source Cooling Project that are to be reimbursed to Cornell by the City of Ithaca. There are two major categories of work included in the summary. The first is that work included in our Infrastructure Agreement with the City from the Fall Creek bridge to the Gun Hill Apartments. The road, sidewalk and curbs are all to be paid for in this part of Lakb Street by the City. The second type of work is extra scope after the October, 1997 agreement that was agreed to before or during construction. The work is now complete and all facilities and property has been turned back to the City. All of the work has been invoiced by Barnard to Cornell, and we have paid for it over the last-few months as it was completed. I would very much appreciate a response at your earliest convenience on when to expect payment for the costs listed, so that we can close out this portion of the project financially. If you have any questions, please feel free to call. Sincerely, W.S. (Lanny)Joyce, PE LSC Project Manager Attachments cc. F. Perry, Cornell H. Doney, Cornell City of Ithaca Final Invoice 10/29/99 Page 2 of 2 Cornell Lake Source Cooling Project Invoicefor additional work completed on behalf of the City of Ithaca Description 1997 note i 1999 Cost estimate Actual costs Items outlined in the 1997 agreement regarding rebuilding of Lake St.from the entrance of the Gun Hill Apts.to the Fall Creek bridge Replace road and base,curb on both sides, $226,518 363,910.51 rebuild of the lower curve on Lake St. Additional work completed as requested or approved by the City of Ithaca Increase in potable water line at Fall Creek $130,392.30. Bridge from 12-inch to 20-inch diameter Move sidewalk from east to west side of the $6,003.98 Road, remove guiderail,build stairs and railing I�D 1 970F Lower 24-inch storm sewer at Lincoln St. $12,162.61 Lower and modify sanitary manholes $2,461.67 Engineering on water changes $14,950.0 Work outlined in the 1997 agreement that were performed by the City of Ithaca crews Replace and upgrade the sanitary sewer from $33,114 15-inch to 18-inch Replace and upgrade the water line from $73,175 6-inch to 12-inch (actual final size was 16-inch and 20-inch) Total Cost $332,807 $529,881.07 Pay to Cornell �4 F It Note 1: 1997 estimate was based on the Hudson St.reconstruction project with escalator to 1997$ Jr /J� COST OF BENEFITS TO CITY OF ITHACA FROM LAKE SOURCE COOLING PROJECT CORNELL WILL PAY FOR THE FOLLOWING: 1/ Rebuild of University Ave and Lake St.from West Avenue to the entrance of the Gun Hill Apartments(2100 feet)to Include the following: • Replace road and base $ 471 509 • Replace curb on both sides $ 81,031 • Replace storm sewer with anequivalent line size 18 $ 82,814 • Replace the two existing sanitary sewer lines with an equivalent size single line(15•) $ 56,563 • 15•sanitary sewer line increased to 18' $4.15+33% x 2,100 Ft. $ 11,590 • Replace water line with an equivalent line size 6' $ 111,255 • 6'water line increased to 12' $6.11 +33% x 2,100 Ft $ 17,065 • New sidewalk on CU property on the south side of University Ave between Stewart Ave and Willard W 444 SL Intersection $ 15,487 • Replace sidewalk on the west side of the block of Lake SL from Willard Way through the upper curve on Lake SL $ 16,314 • Rebuild of the upper curve of Lake SL in front of the old Ithaca Gun ' plant and the University AveMllard WayA ake SL intersection, provided the new design proposed by the City does not add to the rebuild cost $ 23.971 • Provide 4'water service connections to the point of connection to existing at the edge of the City's property for major strictures that could require sprinklers in the future $ 7,378 • Engineering for all of the above provided the curve and intersection redesign is given to Cornell by the City to pass on to Comell's engineer $ 99,592 2/ Rebuild of Lake St.from the entrance of the Gun Hill Apartments to the Fall Creek bridge(900 ft)to include the following: ; New storm sewer 24•,currently ann ditch $ 36,224 • New sidewalk on east side of Lake SL from the Gun Hill Apartments to Lincoln Street(currently does not exist bare path only on west side of street) $ 18,851 • Engineering for all of the above and item 3)below $ 42,657 Total S 1,092,301 THE CITY WILL PAY FOR OR DO THE WORK THEMSELVES FOR THE FOLLOWING: 3/ Rebuild of Lake St.from the entrance of the Gun Hill Apartments to the Fall Creek bridge(900 ft)to include the following: ` L� Replace road and base > $ 135,854 a -! Replace curb on both sides $ 34.727 • Replace and upgrade the sanitary sewer 15•to 18 r $ • Replace and upgrade the water line 6'to 12' $ Rebuild of the lower curve of Lake St.lust below the Gun Hill �• Apartments(design provided by the C' $ 55793T Total $ -382: ' •.. as 6f 5 I S. ,; Prepared by:GryphorVPRV Revision Date:Oct.29, 1997 Page 1 Citycost.02X r ! AGREEMENT FOR UTILITY INFRASTRUCTURE IMPROVEMENT IN CONNECTION WITH CHILLED WATER LINE CONSTRUCTION AGREEMENT made this 16�4" day of 1,V,4eeW , 1998, by and between the City of Ithaca, a municipal corporation, of City Hall, 108 East Green Street, Ithaca, New York, hereinafter called the "City," and Cornell University, an education corporation chartered by the State of New York, c/o Utilities Department, Humphreys Service Building, Ithaca, New York 14853, hereinafter called "Cornell." Whereas, the City is the owner of, or has an interest in certain real property consisting primarily of public streets, sidewalks, curbs, or other public improvements and utility infrastructure within the City; and Whereas, Cornell's proposed Lake Source Cooling Project ("LSC") is dependent upon numerous governmental approvals and permits and upon final approval by the Cornell Board of Trustees. The proposed route of the chilled water lines is dependent upon securing easements and authority from all affected owners and interested parties along the proposed route; and Whereas, the proposed route is coincident with or adjacent to numerous City owned infrastructure elements such as water and sewer lines, storm drains, streets, and sidewalks, some of which are of advanced age and no longer of adequate design or capacity; and Whereas, it is in the financial interests of the City to have improvements or replacements made to such infrastructure elements, as well as to other elements which may reach their useful life in a reasonable period but which can be serviced or renewed now at a low cost yielding a substantial increase in useful life, at the same time that construction by Cornell is taking place; and Draft 1/23/98 Page 1 Whereas, it is in the interests of the City to direct the alignment of the LSC c project so as to coincide with such improvements and replacements to City infrastructure elements, and Cornell has agreed to so accommodate the City's interests; and Whereas, it is in the interests of residents of the City to have improvements or replacements made to such infrastructure elements at the same time that construction by Cornell is taking place to avoid� future disruption and inconvenience; and # ' Whereas, The Board of Public Works of the City work with Cornell to develop a mutually benefic of the chilled water lines in the street right-of- upgrading of City water, sewer, storm drains, May 28, 1997 approved, in concept, the agreem city streets by the route of LSC; and Whereas, it is in the interests of the parties to e improvements or replacements to infrastructure =' t grant easements over and adjacent to the prop( lines. Now, therefore, in consideration of the mutual promises and benefits hereinafter described, the parties agree as follows: 1. Cornell, at its own expense, except as noted in subparagraph h., shall rebuild those portions of University Avenue and Lake Street from West Avenue to the entrance to the Gun Hill Apartments (2100 feet) to include the elements listed below. Work shall be in accordance with engineering drawings and specifications prepared by Cornell and approved in advance by the City, except as noted in subparagraph h., in the case of the redesign of the Lake Street upper curve and intersection of University Avenue/Willard Way/Lake Street, which shall be prepared by the City at its own expense and provided to Cornell. Draft 1/23/98 Page 2 a. Replace road and base. c b. Replace curb on both sides. C. Replace storm sewer with an equivalent line size (18"). w4,< d. Remove the two existing sanitary sewer main lines and replace with a single 18" line, with its associated customer laterals. e. Replace the 6" main water line with a 12" line with its associated customer laterals. ' f. Provide new sidewalk on Cornell property on the south side of University Avenue between Stewart Avenue and Willard Way/Lake Street intersection. g. Replace sidewalk on the west side of the block of Lake Street from Willard Way through the upper curve on Lake ag Street. h. Rebuild the upper curve of Lake Street in front of the old Ithaca Gun plant and the University Avenue/Willard Way/Lake Street intersection, to provide a safer radius, provided the new design proposed by the City does not exceed the cost to rebuild the intersection as it presently exists, or if it exceeds such cost, the City shall pay the difference. i. Provide 4" water service connections to the point of connection at the right of way line of the City's streets for structures that could require sprinklers in the future. 2. Cornell, at its own expense (including cost of engineering drawings and specifications) shall do or cause to be done the following: Draft 1/23/98 Page 3 a. To the section of Lake Street from the entrance of the Gun c Hill Apartments to the Fall Creek Bridge: (1) Add new 24" storm sewer (currently an open ditch). (2) Add a new sidewalk on east side of Lake Street from the Gun Hill Apartments parking lot to Lincoln Street (currently bare path only on west side of street). \r b. To the west side of East Shore Drive, install sidewalk from the south side of the Chamber of Commerce Driveway to the south side of the intersection of James L. Gibbs Drive with East Shore Drive. The City agrees to provide a statement to the NYS Department of Transportation that it agrees to be responsible to maintain that portion of the sidewalk which is located within the City of Ithaca. 3. Upon completion of all of the above work, and acceptance by the City, the responsibility for the operation, maintenance, and repair of all such improvements shall be that of the City. At all times during this Agreement, including during construction by Cornell within City property, the City shall , own such improvements. 4. The City shall, at its own cost and expense (excluding cost of engineering drawings and specifications, except as to 4.a.(5) below) do, or cause to be done, the following: a a. Rebuild Lake Street from the entrance of the Gun Hill Apartments to the Fall Creek Bridge (900 ft) to include the following: (1) Replace road and base. (2) Replace curb on both sides. (3) Remove the two existing sanitary sewer lines and replace with a single 18" line. (4) Replace and upgrade the water line (6" to 12"). Draft 1/23/98 Page 4 (5) Rebuild the lower curve of Lake Street just below the Gun Hill Apartments, to provide a safer radius. The City shall provide at its own expense the engineering drawings and specifications for this item. b. Replace and upgrade the water line from 6" to 12" from the south side of the Fall Creek bridge to a point of connection north of the bridge out of the street. C. Except as noted in 4.a.(5) above, the foregoing work shall be ian accordance with engineering drawings and specifications prepared by Cornell at its cost and expense, and approved in advance by the City. <s 5. The City agrees to grant and deliver to Cornell at such times as Cornell shall name, a properly executed permanent easement over and under those portions of City streets and other City property that lie within the proposed route of the chilled water lines, to a width of fifteen (151 feet, together with a temporary easement over the full width of the City's right of way on Lake tot Street, from a point in Lake Street north of Fall Creek Bridge to University Avenue and from University Avenue to West Avenue as approximately described at Exhibit "A," during initial construction or any subsequent repair.and maintenance of the chilled water lines, in form substantially as found at , Exhibit "B" attached hereto and made a part hereof. The actual location of the easement shall be determined by mutual consent of the parties after completion of final design of pipe centerline, and Exhibit "A" shall be modified accordingly. Cz The grant of the above easements refers to the City's interest as it may appear, and is subject to pre-existing easements. 6. In further consideration of this agreement, at any time during the term of this agreement, Cornell, its agents, assigns, or contractors may, upon advance notice, enter upon the land of the City for the purpose of making surveys, engineering or environmental studies, soil tests, borings, or other similar work, providing Cornell, its agents, assigns, or contractors promptly restore the property(ies) at the conclusion of such work at each instance. The City agrees that it shall not begin any design or other work to upgrade or Draft 1/23/98 Page 5 replace its facilities in the areas subject to this Agreement, without advance r consultation with Cornell and New York State Electric & Gas Corporation, and shall not begin or schedule any such work to begin in advance of construction of the proposed LSC lines without Cornell's advice and coordination. 7. The City will pay Cornell as work is completed based on the percent complete values in Cornell's contractor's invoices, for work that is to be paid for by the City. The percent complete shall be applied to the work the City is to pay for as described above. Payment terms shall be net 45 days from receipt of invoice. Cornell shall, in its bids, ask for a schedule of values adequate to determine the actual cost of the work the City is to pay for. 8. The City will determine what private property rights it requires for its infrastructure improvements and take reasonable and timely steps to obtain the property ownership rights it deems necessary in and to the road right-of- way in Lake Street from the City line north of the Fall Creek bridge south to the curve just below the Gun Hill Apartments. The City will include additional property at both the lower curve and the upper curve (in front of the old Ithaca Gun plant) and from Lincoln Street to the lower curve on the east side of Lake Street, as approximately shown on the map at Exhibit "A," to allow for .� sidewalks and rebuilding of these curves, to allow for replacement of City �lA utilities, and to allow for the performance of any other public work contemplated by this Agreement. The City shall take reasonable and timely steps to deal with any private property rights, owners, and private utility providers necessary to acquire rights necessary for such public works. Cornell shall make available to the City the survey maps it has prepared or will prepare in order to assist the City in identifying property and street boundaries. 9. In addition to the above, Cornell shall restore unpaved portions of the easement area by regrading, providing top soil, if any, seeding, and replacement of small shrubs or bushes, if any. Any trees materially damaged or removed from the area of the temporary easement shall be replaced on an inch- diameter basis, by Cornell with nursery stock trees, but Cornell may substitute tree species and/or planting locations in consultation with the City. Draft 1/23/98 Page 6 10. This Agreement is contingent and conditioned upon Cornell c securing all the necessary approvals, permits, licenses, and all other easements required to carry out the Lake Source Cooling project, and is further contingent upon the final approval of the project by the Cornell University Board of Trustees. In the event that Cornell is unable to remove one or more of the ` above contingencies, then Cornell may so notify the City and Cornell shall have no further obligation to accept said easements, or perform the obligations set forth above. IN WITNESS WHEREOF, each party to this Agreement has executed it on the day indicated. Dated: A)wmeff lD ' 1998 CITY OF ITHACA By: ALAN J. C HEN, Mayor CORNELL UNIVERSITY r By: FREDERICK A. ROG Sr. Vice President and CFO STATE OF NEW YORK ) ss.. COUNTY OF TOMPKINS ) On this day of 1998, before me personally came ALAN J. COHEN to me known, who, being by me duly sworn, did depose and say that he is the Mayor of the City of Ithaca, the municipality described in and which executed the above instrument; and that he signed his name thereto. Notary c CINDY L.WASLEFF Notary Public,State of New York N0.4951392 Qualified in Tompk-ns you q� Commission Expires May 22, 7L— Draft 1/23/98 Page 7 • r STATE OF NEW YORK ) ss.. COUNTY OF TOMPKINS ) On this day of 111�2 1998, before me personally Y came FREDERICK A. ROGERS to me Down, who, being by me duly sworn, did depose and say that he is the Sr. Vice President and CFO of Cornell University, the corporation described in and which executed the above instrument; and that he signed his name thereto by authority of the Board of Trustees of said corporation. otary Public Notary pubic. _caro - No. 325 312 Qualified in Tompkins jpq spites 5Pt.t• Draft 1/23/98 Page 8 CHILLED WATER LINE EASEMENT AND RIGHT-OF-WAY THIS INSTRUMENT WITNESSETH THAT the City of Ithaca, hereinafter called the Grantor, being the owner of or having an interest in land situate in the City of Ithaca, County of Tompkins, State of New York, for and in consideration of the sum of One and No/100 Dollars ($1.00), and other ggod and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and release unto CORNELL UNIVERSITY, an education corporation chartered by the laws of the State of New York, c/o Real Estate Department, Box DH - Real Estate, Ithaca, New York, hereinafter called the Grantee, its lessees, licensees, successors and assigns forever, a permanent easement and right-of-way, solely for the purpose of, and with the right and privilege and authority to, install, construct, reconstruct, extend, operate, inspect, maintain, repair, replace, and at its pleasure remove, underground chilled water and associated communication systems, including cables, wires, vaults, pedestals, closures, hand/man holes, pipes, ducts and conduits, with the necessary fixtures or appurtenances thereto, including utility marker standards, which the Grantee shall require now and from time to time for the underground transmission and/or distribution of chilled water and for location or relocation of water, sewer, electric, gas, and communications, for public or private use, in, upon, over, under, and across the land more fully described in the attached Exhibit "A," together with a temporary easement and right-of-way for a period of three (3) years from the date hereof, and thereafter, from time to time, if and when required, for purposes of installation, construction, reconstruction, inspection, repair, replacement, or removal in connection with the above permanent easement and right-of-way, or in connection with a permanent easement and right-of-way or other right located on lands of a third party, in, upon, over, under, and across the land more fully Draft 1/23/98 EXHIBIT"B" Page 1 described in the attached Exhibit "A' and/or the.highways abutting or c running through said land. TOGETHER with free ingress and egress over the easement and right-of- way and other lands of Grantor for all of the above purposes and the right now and from time to time to trim, cut, treat and/or remove trees, . roots, brush, subsurface material, structures and other obstructions within said permanent easement and right-of-way, that may interfere with said chilled water lines or other lines and services, PROVIDED, however, that any damage (other than for trimming, cutting, treating and/or removing trees, roots, brush, subsurface material, structures and other obstructions as above provided within the >. permanent easement and right-of--way) to the property of the Grantor, caused by the Grantee in the exercise of its rights under this instrument shall be restored by the Grantee, except that with respect to trees within the temporary easement Grantee may substitute nursery stock trees of a different species and change locations of planting in consultation with the Grantor. ` RESERVING, however, to the Grantor the right to cross and recross said easement and right-of-way provided that such use of said ground shall not interfere with, obstruct or endanger any rights granted as aforesaid and shall not disturb the grade of said ground, and provided that no structure shall be erected, no trees shall be grown, cultivated or harvested, and no excavating, mining or blasting shall be undertaken within the limits of any permanent easement and right-of-way without written consent of the Grantee. This instrument shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns, for so long as the Lake Source Cooling system is in operation and stoppage for repairs, renovation, and the like, shall be deemed part'of operation. Draft 1/23/98 EXHIBIT "B" Page 2 • IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this day of 1998. IN PRESENCE OF: CITY OF ITHACA By: Exhibit "B" - DO NOT SIGN ALAN J. COHEN, Mayor CORNELL UNIVERSITY By: Exhibit "B" - DO NOT SIGN FREDERICK A. ROGERS Sr. Vice President and CFO STATE OF NEW YORK ) ss.. COUNTY OF TOMPKINS ) On this day of 1998, before me personally came ALAN J. COHEN to me known, who, being by me duly sworn, did depose and say that he is the Mayor of City of Ithaca, the municipality described in and which executed the above instrument; and that he signed his name thereto. Notary Public Draft 1/23/98 EXHIBIT"B" Page 3 • STATE OF NEW YORK ) ss.. COUN'T'Y OF TOMPKINS ) On this day of 1998, before me personally came FREDERICK A. ROGERS to me known, who, being by me duly sworn, did depose and say that he is the Sr. Vice President and CFO of Cornell University, the corporation described in and which executed the above instrument; and that he signed his name thereto by authority of the Board of Trustees of said corporation. Notary Public Draft 1/23/98 EXHIBIT "B" Page 4 B - 3 DPW - Request Funding for Emergency Repairs to Stewart Park Pavilion WHEREAS, the floor of the large pavilion at Stewart Park recently collapsed during a dance, and WHEREAS, the pavilion floor represents an emergency capital procurement due to its unforeseen occurrence, public building safety issues, and the need to replace the floor immediately, and WHEREAS, the estimated total cost of the project is $30, 000; now, therefore, be it RESOLVED, That Common Council hereby authorizes Capital Project ##424 Stewart Park Pavilion Repairs at a cost not to exceed $30, 000 for emergency repairs to the Stewart Park Large Pavilion, and be it further RESOLVED, That the project is hereby deemed an emergency project thereby making the project not subject to the bidding requirements of General Municipal Law, Section 103, and be it further RESOLVED, That three project quotes were received and the Board of Public Works has awarded the project to S & W General Contractors of Tioga for their low bid of $26,000, and be it further RESOLVED, That the project funds shall be advanced by the General Fund and later repaid by the issuance of Serial Bonds. %...', CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 I all Andi DEPARTMENT OF PUBLIC WORKS William J. Gray. PE., Superintendent/City Engineer L11 Wfli rE ....... Telephone: 607/274-6527 Fax: 607/274-6587 I�j .. t� _ ,,1 I �1 Ir MEMORANDUM TO: Patricia Vaughan, Chair, B&A FROM: William J. Gray, P.E., Superintendent of Public Works RE: Emergency Repairs to the Stewart Park Pavilion DATE: May 31, 2000 Attached are copies of the Board of Public Work's resolution authorizing the emergency work and requesting that a capital project be set up in the amount of$30,000, and the back up supplied to the board. After reviewing the proposals and talking with the Building Department about current requirements for the pavilion floor, Tom West has drawn up a labor and materials contact containing a not to exceed value of$26,000 with S&W General Contractors. I would like to sign the contract this week. An agreement from the B&A Committee to forward this request to Council for funding would increase my comfort level significantly. An Equal Opportunity Employer with a commitment to workforce diversification." Board of Public Works Committee of the Whole May 17, 2000 8. Power to Act—Emer�encY Repairs to Stewart Park Pavilion. Supt. Gray told the board that the proposal is to place as it is. The original floor does not meet current codes. There will be additional costs for venting and possible unforeseen improvements. He explained that he could not put the facility back into service without complete repairs since temporary repairs may not be enough. Discussion followed concerning the use of the pavilion for summer events and youth camps. Moved by Mayor Cohen; Seconded by Vargas-Mendez RESOLVED, That the Board of Public Works awards bid to S&W General Contractors of Tioga, for an amount not to exceed $26,000 for the repair of the floor in the large pavilion at Stewart Park, and be it further RESOLVED, That the Superintendent of Public Works is authorized is to execute any and all documents related to the execution of this bid. Discussion followed. Supt. Gray asked for the resolution to be amended to ask B&A to fund the project plus additional unforeseen costs. Amending Resolution By Commissioner Leonardo; Seconded by Commissioner Gutenberger And be it further, RESOLVED, That the Board of Public Works requests that Common Council authorize a capital project not to exceed $30,000 to cover not only this bid award but further anticipated costs. A vote on the amending resolution resulted in the following: Carried Unanimously A vote on the resolution as amended resulted in the following: Carried Unanimously Page - 1 ITflq .�...• �-.�' CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 ��►Oqp..... •••,.•`�� OFFICE OF THE CITY ENGINEER �RAT�O Telephone: 607/274-6530 Fax: 607/274-6587 To: Members, Board of Public Works Bill Gray, Superintendent of Public Works Sam Cohen, Ithaca Youth Bureau From: Tom West, Civil Engineer— Date: n9ine Date: May 17, 2000 Re: Stewart Park, Large Pavilion — Emergency Repair I have requested proposals for repair of the floor of the large pavilion at Stewart Park from three general contractors. The proposals are as follows: S&W General Contractors of Tioga ... $18,992.00 Paul Yaman Construction ................. $32,220.00 McPherson Builders ........................ $40,949.00 I request that the Board of Public Works authorize the Superintendent of Public Works to negotiate a contract for emergency repairs for repair of the floor of the large pavilion at Stewart Park with S&W General Contractors of Tioga for an amount not to exceed $26,000. 1 further request that the Board of Public Works request that Common Council allocate funding of$30,000 for these repairs. "An Equal Opportunity Employer with a commitment to workforce diversification." �� V t5' o��v Jd�J 1��j0 e Q e� \� P o�,Z3�9p0 c r f1 ° �,�aca 01121 213' FPS' r.i May 17, 2000 City of Ithaca Department of Public Works 108 E. Green St. Ithaca,NY 14850 Attn: Mr. Tom West, Civil Engineer Re: Reconstruct floor system Stewart Park Pavilion PROPOSAL We propose to replace the floor system at The Stewart Park pavilion for a sum of $40,949.00. Our base proposal includes an area approximately 39'x59' and the ;3 following specific items. 1. Removing the existing floor system including joist and flooring. 2. Shimming existing supports to accept new 2x10 joists of smaller dimension. 3. Installing new .40 pressure treated, #2 Southern Yellow Pine, 2"x10" floor joists at 16"on center to match the existing layout. 4. Installing new lx4 Clear Vertical Grain Fir Flooring. 5. Applying two coats of polyurethane to the new flooring. 6. Removal and disposal of existing floor system as well as scrap and debris from the new work. 7. Compliance with usual City of Ithaca requirements for insurance and prevailing wages. We offer prices for three changes you may want to consider for code or quality reasons. 1. My reading of the NYS Building Code would consider this a place of public assembly requiring a live load capacity of 100 psf. Install additional 2x10's at 12" on center to meet this loading. Add$1,732.00 2. Existing joist are not bridged. Add solid wood bridging at mid-span and over the two beam bearing lines. Add$1,897.00 3. Sand new fir flooring prior to applying finish. Add$1,519.00 Building with Quality & Pride Since 1907 1 Our quotes include all applicable sales taxes, full insurance coverage including workers compensation, and complete cleanup of debris resulting from the work we performed unless noted otherwise in this proposal. Our proposal is firm for 30 days. Thank you for the opportunity to quote on this project. Please call if you have any questions or wish to proceed with this work. Yours truly, Je Steve on 2 U5/'I ( 'UU 'IU:W NV.D01 UI/UI S&W GENERAL CONTRACTORS of TIOGA, INC. 161 McMaster Street Owego, NY 13827 607-687-5810 607-687-5857 (fax) May 17, 2000 REVISED City of Ithaca 108 E. Greene Street Ithaca, NY 14850 Attn: Mr. Tom West Re: Stewart Park- Pavillion Floor Replacement tti 1. Remove 60' x 40' area of existing flooring and joists to legal landfill. 2. Replace joists with 20 x 10° treated, and treated shim material; provide bridging at mid point of all new joists. 3. Provide%' x 3 Y4 fur strip flooring nailed directly over joists. 4. Sand and (3) coat poly finish new floor. 5_ Provide flush splined connection, new flooring to existing. Tooth and/or cut new flooring to exterior walls. All for the sum of$18,992.00 Excludes: bond, sales tax, overtime, electrical, and mechanical_ If bond is .required add $285.00 Thank You For The Opportunity To Quote This Project! ACCEPTANCE OF PROPOSAL: Signature: Gary Stevens Date: Sign ure Date-, 05/24 '00 15:45 N0.656 01/01 PROPOSAL S&W GENERAL CONTRACTORS of TIOGA, INC. 161 McMaster Street Owego, NY 13827 607-687-5810 607-687-5857 (fax) May 24, 2000 City of Ithaca 108 E. Greene Street Ithaca, NY 14850 Attn: Mr. Tom West Re: Stewart Park- Pavillion Floor Replacement Proposal to amend revised quote dated 5/17/00 Title: Provide joists at 8" on center in lieu of 16" on.center Provide and install additional 2" x 10"joists, 138 pieces at 14' with shims, bridging and fasteners. Labor- Foreman 16 hrs @ $40.19 $ 643.04 Carpenter 16 hrs @ $38.64 $ 618.24 Material E3036.00 Sub Total $4297.28 Profit and Overhead 15% 644.59 Total $4941.87 Excludes: bond, sales tax, overtime, electrical, and mechanical. If bond is required add $74.00 Thank You For The Opportunity To Quote This Project! ACCEPTANCE OF PROPOSAL: Signa la x Ga!y Stevens Date Signature Date: MAY-16-00 11 :35 AM PAUL YAMAN CONST. 607 756 8503 P. 01 Paul Yaman construction When Quality Counts" FAX TRANSMITTAL DATE: G 2-o�r,-v FA M,. -T.,,, �s-t FAX # FROM: SAHQA Paul Vaman Construction NUMBER OF PAGES INCLUDING COVER MESSAGE.: r I civ e- C S`{,u nS C Q c� S -r y*nR Cortland: 607-756-7042 Ithaca: 607-273-1240 FAX: 607-756-8503 1875 Lorings Crossing Rd., Cortland, N.Y. 13045 MAY-16-00 11 :35 AM PAUL YAMAN CONST. 607 756 8503 P. 02 Paul Yaman Construction Date: 05/15/2000 187.5 Lorings Crossing Road Phone: (607) 274-6534 Cortland, NY 13045 Fax : (607)274-6587 (607) 756-7042 Pforx►sal suhmitted to: Work to be performed at: Name: City ol'Ithaca (Attu. Tom West) Street: Stewart Park Street: 108 F. Green Street City: Ithaca City: Ithaca, NY In this agreement, the contractor is referred to as"We"and"Us"and the owner is referred to as "You". We hereby propose to furnish all the materials and perform the labor for the necessary completion: 1. Remove existing wood flooring and floor joists in its entirety from approximately 2300 sqft of floor in main pavilion. 2. Remove all debris from demo from the site. 3. Furnish and install ''/:"CDX plywood strip on top of existing wood beams to level the floor to match existing 4. Furnish and install new 2 x 10 P.T.(0.4)floor joists 16" O.C. to approximately 2300 sqft of floor. The floor joist to be bridged at the middle of the joist span. 5. Furnish and install 3 '/," x%"T&G Fir board on new floor joist at approximate of 2300 sqft of floor. The nails for the flooring to be exposed. 6. Furnish and install two coats of polyurethane at approximate of 2300 sqft of floor. No sanding prior to application. NOTES: 1. Dumpster by us 2. All Equipment necessary to perform our work by us 3. Sale Tax is not included 4. Prevailing Wage is Included PERFORMA.Nt;H DATES: The work to be performed by us under this contract will begin on or belbre the following approximate or estimated dates).WITHfN 3 WEEKS OF NOTICE T'O PROCFE:D. The work to be performed by us under this contract will be substantially completed on or before the: following approximate or estimated dates). MAY-16-00 11 :35 AM PAUL YAMAN CONST_ 607 756 8503 P. 03 All dates specified in this Contract for the beginning, performance, substantial completion or completion of'work by Us arc subject to the following: acts of God, riots, inspections, civil commotions or disorders, delays or defaults by carriers or suppliers, inherent de('ects in the building, strikes, fires, accidents, storms or weather conditions, lack of access to the building, and any other causes beyond Our control, including inability to obtain materials despite our best efforts. For the purpose of the completion date, it is agreed that: (X) time is ofthe essence O time is not of the essence All material is guaranteed to be as specified and the above work is to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial, workmanlike manner for the sum of Thirty Two Thousand Two Hundred "Twenty Dollars and 00/100 Dollars($32.220.00) with payments to be made as follows: N(0)TICE T(-.I ()WNFR OF CONTRACTORS LIENS: Under New York State lien laws any contractor, subcontractor, laborer, supplier or other person who contributes to an improvement upon your property, but is not paid for the work performed or for the materials or services supplied, has clairns.that may be asserted against you, including claims that may be enforced against the property' by court order to satisfy your unpaid debt. ATTORNEY'S FEE& If you should fail to pay to us the sums under this Agreement when duct, or should otherwise fail to fulfill your responsibilities under this Agreement, and we have to retain an attorney to enforce or protect our rights, you agree to reimburse us for our reasonable attornc.y's fees on account thereof IN'ff REST: You agree that interest at the rate of 1-1/2% per month, which amounts to 18% per year, will be charged on any sums not paid by you within 30.days of the date due under this Agreement. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owncr to carry, fire, tornado and other necessary insurance upon above work. Workmen's Compensationd Public Liability insurance on above work to be taken out by PAUL YAMAN„INC. RFSPECI'FUI.I_Y SUBMI'l-FED: NOTI 1'I tIS 13110110SAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS t-I H U L- y HIIIHN LIUN-J I ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and arc hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. We verify that we own the properly described above. (We verify that we are authorized by the owner to sign this Agreement.) Date: Sigmature: Signature: ��ITIig ��-�,.•• "�.�'y CITY OF ITHACA 108 East Green Street Ithaca,New York 14850-5690 f '�C;t• B 0� OFFICE OF THE MAYOR • ALAN J.COHEN OAI�lt11tO�� Telephone: 607/274-6501 Fax: 607/274-6526 To: B&A Committee From: Alan J. Cohen, Mayor?11 Re: Farmer's Market Lease Addendum Date: 5/31/00 Please find attached a first draft of a lease addendum for the Farmer's Market lease with the City of Ithaca. This addendum is being proposed to accomodate the use of the docks at the market by the MV Manhattan dinner cruise boat. The owners of the MV Manhattan and the board of the Farmer's Market are both interested in seeing the boat operate from this location. The docks and parking lot of the market offer the MV Manhattan a convenient place to do business on the southern end of Cayuga Lake. The boat attracts customers to the market, and the rent from the boat would solidify the finances of the market. The city is involved because the lease with the market requires city approval for any 'subletting' of the premises. Additionally, , even though the market built the docks, the docks are technically city property. The MV Manhattan is an important local tourist attraction. It is consistently highlighted in the Convention & Visitors Bureau brochures because of the uniqueness of it services and the tourism it attracts. The Farmer's Market is another important local resource, not only as a provider of goods, but as a tourist attraction in its own right. The synergy of this arrangement is a win-win-win for the two parties involved and the community at large. It brings more business to the market, and improves their cash flow. It provides a local launch site for the dinner cruise boat and helps keep it on Cayuga Lake. And it preserves and enhances the stream of tourism dollars, and related taxes, that these two entities generate for the local community. 'An Equal Opportunity Employer with an Affirmative Action Program' �� ADDENDUM TO LEASE Between the City of Ithaca and The Ithaca Farmers Market Cooperative, Inc. WHEREAS, the City of Ithaca("City") and the Ithaca Farmer's Market Cooperative, Inc. (Farmers Market) entered into a twenty year lease agreement dated June 10, 1989, and WHEREAS, said lease agreement provides, in its ARTICLE THIRD, that the demised premises shall be used for direct farmers' market purposes as a public farmers' market as well as for passive recreation by the general public, and provides that the lessor(the City) shall retain the authority to determine any other appropriate uses of the demised premises, and WHEREAS, the MV Manhattan desires to operate dinner and tour cruises from the Farmers Market, and the Farmers Market desires that the MV Manhattan operate its cruises from the Farmers Market location, and WHEREAS, the Farmers Market and the MV Manhattan have entered into an Agreement between themselves facilitating operation of the MV Manhattan from the Farmers Market location, and WHEREAS, the City has determined that the operation of the MV Manhattan from the Farmers Market location is an appropriate use of the demised premises and desires to facilitate such use, NOW THEREFORE, the City and the Farmers Market enter into this Addendum to the lease agreement between the City and the Farmers Market under the following terms and conditions: 1. The term of this addendum shall be from May 1, 2000 through October 31, 2000. 2. The Farmers Market shall accept full responsibility for oversight of the operation of the MV Manhattan at the Farmers Market location and shall assure that the MV Manhattan operates in accordance with the terms of the agreement between the Farmers Market and the MV Manhattan, a copy of which has been provided to the City. 3. The Farmers Market shall assure that the MV Manhattan names the City of Ithaca as an additional insured on its one million dollar general commercial liability insurance policy obtained pursuant to the agreement between the Farmers Market and the MV Manhattan. 4. The Farmers Market shall assure that the MV Manhattan will indemnify and hold harmless the City under the same terms and conditions as delineated in the clause entitled "Indemnity" in the agreement between the Farmers Market and the MV Manhattan. 5. The Farmers Market shall assure that the MV Manhattan will not discriminate against any employee, applicant for employment, sub-contractor, supplier of materials or services or tour/cruise participant because of race, age, creed, color, sex, national origin, disability, marital status or sexual preference. 6. The Farmers Market shall assure that, for the privilege of the City's agreement to permit the operation the MV Manhattan from the Farmers Market location during the term of this Addendum, the MV Manhattan will pay directly to the City of Ithaca the amount of seven thousand five hundred ($7,500) Dollars, which payment shall be applied to the Farmers Market payments made pursuant to the lease agreement between the City and the Farmers Market, according to the following schedule: June 15, 2000 $2500 July 15, 2000 $2500 August 15, 2000 $2500 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this_day of June, 2000. CITY OF ITHACA By: Alan J. Cohen, Mayor STATE OF NEW YORK ) )ss.. COUNTY OF TOMPKINS) On this day of June, Two Thousand, before me, the undersigned, a Notary Public in and for said State, personally appeared ALAN J. COHEN, 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 that he resides in the City of Ithaca, Tompkins County, New York, that he is the Mayor of the City of Ithaca, that he has been duly authorized to execute this instrument on behalf of the City of Ithaca, that he signed this instrument pursuant to such authorization and is known to me to be the individual described in and who executed the foregoing instrument and duly acknowledged to me that he executed the same on behalf of the City of Ithaca. NOTARY PUBLIC ITHACA FARMERS MARKET COOPERATIVE, INC. By: President STATE OF NEW YORK ) )ss.. COUNTY OF TOMPKINS) On this day of June, Two Thousand, 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 executed the same in her capacity, and that by her signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. NOTARY PUBLIC Dominic Cafferillo- ICBLPage From: Mike Thomas To: Cafferillo, Dominic Date: Wed, May 31, 2000 5:43 PM Subject: ICBL Per your request please rind a midway report on Ithaca City Basketball League(ICBL). ICBL started out rather slowly, the first few weeks attendance was null.After further discussions within our committee and setting up new starting dates, the word spread like wildfire. ICBL ran for 17 weeks,starting on January 21st, and concluding on May 20th with the "white team"winning the championship. There were between 40 to 50 teens participating each week. In addition to the teens playing basketball they were also able to watch a game. We took a group of teens to Philadelphia, PA, to watch a professional basketball game and 90% who went were ICBL players. We are looking forward to continuing this program in the fall. If you need additional information let me know. CITY OF ITHACA Nfs� 310 West Green Street Ithaca, New York 14850-5497 y 'o OFFICE OF THE FIRE CHIEF Telephone: 607/272-1234 Fax: 607/272-2793 �� S ( (41 F L_,� � iM AY 2 4 2000 MEMORANDUM To: Dominick Cafferillo From: Brian H. Wilbur Re: B&A Agenda Item - Paging System Date: 23 MAY 00 Please consider the following discussion as an item for the 31 MAY 00 B&A meeting. As the result of the storm on Thursday, 18 MAY 00, we (County dispatch) again lost our paging system. It was down for approximately 45 minutes during the height of the storm. We lost the paging system about three weeks ago, for around 16 hours. This is a real problem for us and puts us at great risk of not being able to dispatch, and/or immediately notify volunteers and off- duty personnel of a staffing need for any kind of an incident. After the first time it went down, I quizzed Jack Miller pretty rigorously about it and he assured me that the difficult to find spare parts for the aging system had been obtained and the probability of this happening again was pretty remote. Obviously, it happened again. Although the cause of yesterday's outage was different than the first one (brown out at Mt. Pleasant tower), the fact that we lost it again when we needed it is pretty significant to me. Attached is a price sheet showing pricing for the pieces needed to create a standalone paging system that could be operated from Central Fire Station. We believe we can reduce the price of item 'A' to less than $600, bringing the total request from $1,892 down to around $1,500. Otherwise, and because of the occasional use predicted for this equipment, the items shown on the proposal are less expensive than the Motorola class items we usually specify. They are all compatible with our current pager inventory. Although the effort to get a new communications system continues, we are at least two years out from having it operational, and that is only if we are able to actually start the project now. Unfortunately, an intense thunderstorm season is again predicted for us this year, so my best advice is to develop the redundant capability now. "An Equal Opportunity Employer with a commitment to workforce diversification." ��} Ithaca Fire Department B&A Agenda Item 31 MAY 00 Meeting Pricing for Radio Paging Equipment A TK690 Low band 110 watt dash mobile 37/50 MHz $1 ,066.60 B KMC Desk top microphone 69.00 C 67789 30 amp power supply 198.00 D 901-9313 Zetron Universal Paging Encoder 375.00 E C36 Encoder analog format option 100.00 F LFRS Encoder to radio interface 83.55 Total $1 ,892.15 MAY 2 4 2000 u DRAFT RESOLUTION CITY OF ITHACA BUDGET&ADMINISTRATION COMMITTEE MAY 31,2000 Expansion of West End Target Area—West End Commercial Loan Program WHEREAS, the 1996 CDBG 3-year application approved by HUD included both a West End Commercial Loan program and a West End Home Improvement program to be administered by the Ithaca Urban Renewal Agency(IURA), and WHEREAS, the target area for the West End Commercial Loan program as defined in the CDBG application encompasses a five block area between Fulton Street and Meadow Street from Clinton Street north to Court Street, and WHEREAS, the IURA desires to make a loan to a business located in the area north of Court Street and between Fulton Street and Meadow Street, outside the currently defined eligible target area, and WHEREAS, the IURA further desires to make the loan program available to other businesses located north of Court Street in the West End, and WHEREAS, the West End target area was defined prior to completion of the Rt. 96 highway project, and WHEREAS, the Route 96 highway project significantly reconfigured the road network in the West End area and created one-way segments of Rt. 13 along Fulton Street and Meadow Street and extended Fulton Street north three blocks to connect with Meadow Street at Hancock Street, and WHEREAS, the Route 96 highway project thereby enlarged the number of blocks located between Fulton and Meadow Street from 5 blocks to 8 blocks, and WHEREAS, the City of Ithaca has developed a West End Plan to guide future development along the Rt. 13 corridor impacted by the Rt. 96 highway project which recommends rezoning previously industrially zoned lands north of Court Street to a designation permitting a mix of residential and commercial uses, and WHEREAS, the 3-block area located between one-way segments of Rt. 13 north of Court Street contain a mix of residential, commercial and industrial structures similar in character to the blocks currently located within the West End target area, including underutilized or vacant commercial buildings in need of rehabilitation, and WHEREAS, a series of three focus group sessions held in the fall of 1998 with employers, employees and entrepreneurs from the West End area and the West State Street corridor area overwhelmingly characterized the West End neighborhood to include the entire eight block area located between the one- way segments of Rt. 13, and WHEREAS, the focus group sessions identified a number of properties in the proposed expanded West End target area that could benefit from the commercial loan program funded in the third year increment of the approved 1996 CDBG grant application, and WHEREAS, the Ithaca Urban Renewal Agency reviewed the boundaries of the West End target area and recommended the target area be enlarged to include the contiguous 3 blocks north of Court Street bounded by the one-way segments of Rt. 13 in recognition of the impacts of the Rt. 96 project and City of Ithaca's plan to guide development along the corridor, therefore, be it RESOLVED, that the City of Ithaca hereby endorses the IURA's recommendation to enlarge the current 5- block West End target area for the West End Commercial Loan Program between Fulton and Meadow Street from Clinton Street north to Court Street to include an additional contiguous 3-block area north of Court Street between the one-way segments of Rt. 13 along Fulton and Meadow Streets as depicted on the"West End Economic Development Target Area"map dated November 6, 1998. q:\planning\staff\nels\iura\resolutions\resocc revised west end target area-loan program.doc r t. — �NASHINGTON�STftE EADOW STREET(STATE RTE 96/34I13) is NORTH MEADOW STREET \. 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McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning& Development-607,274-6550 Community Development,ILI RA- 607/27-1-6559 Fax: 607/274-6558 �-- fl EL J V1 1�_'1 May 24, 2000 MAY 2 5 2000 TO: Patricia Vaughan, Chairperson By Members, B & A Committee FROM: Douglas McDonald Deputy Director, Planning & Development RE: Approval of Two Half Time Positions This memo is a follow-up to our request to the Human Resources Committee on 5/22/00 for approval of two half time positions within the Department of Planning and Development. The two positions are (1) Landscape/Environmental Planner and (2) Planner II. These are both existing titles under Civil Service regulations. The salary range for both is $27,000 - $31,000. We are requesting that each position would be half time (i.e. 20 hours/week). Since it is anticipated that each position would be filled effective no sooner than July 1, 2000, that each will be half time and that each position will be at entry-level salary, the actual dollar requirement for FY2000 is $6,750 each, or a total of$13,500. The rationale for each requested position is to provide assistance to present staff in the performance of their duties. The Department is operating at more than maximum workload. In anticipation of completion of the Southwest GEIS, and with increased focus on neighborhood outreach and planning, we expect the future workload of both staff members to be overwhelming. I am attaching reports from both staff members outlining their present responsibilities and expectations for the respective assistant positions. Page 1 of 2... An Equal Opportunity Employer with a commitment to workforce diversification." DBM Memo May 24, 2000 B&A Committee Page 2 Recognizing that this request is being made in the middle of a fiscally demanding budget year, we propose that the funds for the two requested positions would come from the following sources: A Planning Department employee left City of Ithaca service early this year and a second Department employee will leave City of Ithaca service effective July 1, 2000. Employee A Employee B -annual FY2000 salary $37,900 -annual FY 2000 salary $25,391 -amount earned in FY2000 -$ 5,750 -amount earned (thru 7/1/00) $12,690 -amount reserved for replacement's salary in FY2000 -$19.888 balance available in FY2000 $12,262 balance available in FY2000 $12,690* ('it is intended to fill this open position but it is expected that the hiring process will take a number of months Thus a total of$24,952 in unexpended, but budgeted for FY2000 salaries, is available. The salary requirement for the two half time positions during FY2000 is $13,500. If we allow an additional 40% for the cost of benefits ($5,400) bringing the total to $18,900, then there are adequate funds available to cover the two half time positions during FY2000. We respectfully request the approval of the B & A Committee of this proposal. 'New Position Duties Statement Environmental/Landscape Planner May 2000 This is a professional planning position responsible for assisting the Senior Environmental/Landscape Planner in reviewing and evaluating the environmental impact, functional design, and aesthetic details of proposed development projects, proposed subdivisions, and proposed zoning variances and amendments. The work involves the application of the principles of landscape architecture in the review of development plans (including new development, redevelopment, subdivision, and zoning variances) relating to the protection and management of the natural and existing built environment, the balance of economic development and environmental protection, and the balance of property owner's rights with the City's long- range goals and objectives. Does related work as required. Position requires knowledge of laws related to the New York State Environmental Quality Review Act. This work is performed under the general supervision of the Director of Planning and Development, and under the direct supervision of the Senior Environmental/Landscape Planner. Candidate must be able to work independently and exercise professional judgment. Typical Work Activities Assist in conducting site plan reviews and environmental assessments of proposed municipal and private development projects Assist in reviewing subdivision applications Assist in reviewing zoning appeals Participate in the development and administration of natural resource protection and environmental management programs. Assist in the general planning activities of the Planning and Development Department Participate in meetings with legislative bodies,public officials, citizens advisory commissions, etc. Track project through completion. For Site Plans: ■ Inform Building Department of decision so that Building Permit can be issued. ■ Inspect project throughout construction. ■ Conduct final site plan inspection upon completion of project. ■ Inform Building Department of decision so that Certificate of Occupancy can be issued. ■ Conduct periodic site inspections to maintain quality control. For Subdivisions: ■ File signed,approved Plat with Building Department and City Clerk. ■ Issue signed,approved plat to applicant for filing with County Clerk. ■ Collect Receipt of Filing from applicant. Departmental/Position Responsibilities: 10%Provide technical input and review for various components of the City of Ithaca Comprehensive Plan(Southwest Area Land Use Plan,Inlet Island Urban Design Plan,West End Urban Design Plan,City of Ithaca Bicycle Plan). 10% Serve on various intergovernmental committees as a representative for the City of Ithaca(Local Waterfront Revitalization Program Planning Committee, Library Construction Committee,Downtown Transit Facility Committee,Commons Redesign Committee,Regional Planning Committee,Municipal Wastewater Planning Committee). 5%Assist the Community Development Department in implementing community improvements that have an environmental/landscape component(Cleveland Avenue,West State Street,Wood Street Park,Northside Park). 5%Assists in the general planning activities of the Planning Department. 5%Researches and prepares applications for federal and state grant programs. 5%Provides staff support to the City of Ithaca Parks Commission, Shade Tree Advisory Commission,Natural Areas Committee,Wood Street Park Oversight Committee, Southwest Natural Area Client Committee. 5%Provides technical assistance to City staff and departments for projects requiring landscape architectural,aesthetic,or environmental knowledge. 5%Oversee Design and Implementation for the following: ■ Waterfront Zoning Ordinance ■ Inlet Island Urban Design Plan ■ Public Promenade on Inlet Island ■ Municipal Parking Lots on Inlet Island ■ Cayuga Inlet Trail ■ Black Diamond Trail(City Portion) ■ Recreational River Permits Current Position Description Environmental/Landscape Planner May 2000 This is a professional planning position responsible for reviewing and evaluating the environmental impact, functional design, and aesthetic details of proposed development projects,proposed subdivisions, and proposed zoning variances and amendments. The work involves the application of the principles of landscape architecture in the review of development plans(including new development,redevelopment, subdivision,and zoning variances)relating to the protection and management of the natural and existing built environment,the balance of economic development and environmental protection,and the balance of property owner's rights and the City's long-range goals and objectives. This position requires working directly with the City of Ithaca Planning and Development Board in reviewing all development plans subject to Site Development Plan Review,all minor and major subdivisions,and advising on all zoning variances.Direct involvement with the Conservation Advisory Council and the Board of Zoning Appeals is also required on an as needed basis. Position requires extensive knowledge of laws related to both the New York State Environmental Quality Review Act as well as the City of Ithaca Environmental Quality Review Ordinance,New York State General Municipal Law,New York State Case Law,City of Ithaca Zoning Ordinance, and other City ordinances as applicable to development proposals,subdivision of land and zoning appeals. This work is performed under the general supervision of the Director of Planning and Development,with considerable leeway allowed for the exercise of independent professional judgment commensurate with years of experience.Position requires supervision over other personnel engaged in environmental or physical planning activities. Site DeveloRment Plan Review,Environmental Review,Subdivision Review,Review of Zoning Anneals-50% Typical Work Activities Associated with Site Development Plan Review, Subdivision Review and review of Zoning Appeals: ■ Meet very early in the design process with applicant to advise them of environmental, aesthetic,and functional concerns relating to proposed project. ■ Provide information relating to scheduling of project for review by various city boards and commissions. Schedule for Planning Board review and action. ■ Review preliminary design,application,environmental assessment,and schedule with applicant. ■ Collect and process application and associated fees. ■ Prepare Environmental Assessment Form. ■ Distribute information to Conservation Advisory Council,Planning and Development Board,city staff,and other government agencies as required. ■ Attend meetings as necessary(Conservation Advisory Council,Planning Coordinating Committee, Codes and Administration Committee)in preparation of project review by Planning Board. Prepare Information for Planning and Development Board: ■ Prepare agenda,write and file associated legal ads,prepare resolutions. ■ Attend Planning and Development Board meeting. ■ Follow up decision of the Planning Board with applicant. Existing Position Description Neighborhood& Historic Preservation Planner This is a specialized professional planning position with primary work assignments focused on the areas of neighborhood planning and historic preservation. In addition to these responsibilities,the incumbent performs general professional planning duties in the office and in the field. General direction and project assignments are received from the Director of Planning &Development. The details of the work are independently planned and carried to completion. Work is performed independently with other planners both as support and lead staff. Supervision may be exercised over consultants,interns, and student assistants. Does related work as required. Full Performance Knowledge,Skills,Abilities and Personal Characteristics Good knowledge of federal, state and local historic preservation principles and programs with an understanding of their legal basis and the administration of regulatory controls; good knowledge of the principles,techniques,terminology and practices employed in City and regional planning; good knowledge of the National Historic Preservation Act the Secretary of the Interior's Standards for Archeology and Historic Preservation and the Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties and the New York State Environmental Quality Review Act, good knowledge of the principles and practices of neighborhood planning; good knowledge of site plan review and environmental review principals and requirements with an understanding of their legal basis and the administration of regulatory controls; good knowledge of research methods and techniques; ability to communicate ideas and deal effectively with community groups and others; ability to prepare clear, accurate reports and to make oral and written presentations of ideas; ability to understand complex oral and written directions, ability to deal with tight deadlines and competing requests for time; initiative,resourcefulness, creativity,tact and good judgement;physical condition commensurate with the demands of the position. Historic Preservation Planner-45% Typical Work Activities Provides technical assistance and administrative support to the Landmarks Preservation Commission,including designation and design review as set forth in the Ithaca Landmarks Preservation Ordinance,the Commission's Rules of Procedure and state and federal standards; • meets with property owner or representative to review application process and requirements • conduct site visit • conduct research and documentation as necessary • assemble and process applications • prepare Environmental Assessment Form as required • prepare agenda,write and file associated legal ads,notify property owners as required, prepare resolutions, staff Ithaca Landmarks Preservation Commission meeting • record decisions,prepare decision documents, follow-up with applicant • inform Building Department so that Building Permit can be issued Develops and administers the work plan for the City's historic preservation program, including regulatory,planning,educational and training functions; Supervises and performs surveys,research and evaluation of historic resources in accordance with State and Federal standards; Provides technical assistance to owners of historic and architecturally significant properties; over Provides technical assistance to the Community Development Department and other City offices for required state and federal project reviews, state and local environmental reviews and with the planning of rehabilitation,repair and maintenance of historic and architecturally significant City facilities; Maintains a database of all properties within the City designated under the Landmarks Preservation Ordinance and listed on the New York State and National Registers of Historic Places; Maintains and updates official maps of local historic districts; Prepares annual report of historic preservation activities as required by the New York State Certified Local Government Program; Neighborhood Planner-30 % Typical Work Activities Serves as liaison to City Hall for neighborhood residents and neighborhood groups; Maintains current list of neighborhood civic associations and attends neighborhood meetings; Provides technical assistance to neighborhood groups with projects and activities such as traffic, property maintenance,zoning,playground improvements,recreational facilities,protection of neighborhood character and neighborhood stabilization; Collects,tabulates,analyzes and maintains data on census statistics to create neighborhood profile narratives; Administers Neighborhood Improvement Incentive Fund; General Planner-25% Acts as lead or support staff for City projects pertaining to land use,housing,accessibility,urban design and other areas of planning,including coordination with other departments,boards, committees and agencies; Researches and prepares applications for grants from state, federal or regional programs; Manages consultant contracts; Performs miscellaneous office work and maintains records of work activities; May participate in programs intended to increase access for persons with disabilities to City and private facilities. Newly assigned projects Overall increase in planning staff support for neighborhood groups Collegetown design and rezoning Northside- "Lockdown Law" Clinton Street/Cleveland Avenue-neighborhood preservation Traffic Calming City-wide-staffing Staff Technical Advisory Committee Neighborhood participation Neighborhoods Council-staffing Property issues Committee Traffic Committee Neighborhood&Community Issues Committee -staffing Grant administration Multi-modal-Traffic Calming City-wide Cascadilla Boathouse Historic Structures Report Ithaca Landmarks Preservation Commission-Historic Preservation Design Guidelines New Position Description Neighborhood Planning Assistant This is a professional planning position responsible for assisting the Neighborhood&Historic Preservation Planner with neighborhood outreach,research,planning and staff support. The position requires a working knowledge of laws related to zoning,housing property maintenance and traffic; good knowledge of city planning issues,principles and practices; good knowledge of data collection; ability to communicate and deal effectively with community groups and others; ability to prepare clear, accurate reports and to make oral and written presentations; ability to understand complex oral and written directions; ability to deal with tight deadlines and competing requests of time; initiative,resourcefulness, creativity,tact and good judgement. Typical Work Activities Assist with outreach and support for new neighborhood organizations. Maintain current list of neighborhood civic associations and attendance at neighborhood meetings as assigned. Provide staff support for Ithaca Neighborhoods Council and other neighborhood groups as assigned Prepare written material, such as organizational materials or periodic news sheet on current City Hall issues. Complete and maintain City of Ithaca Neighborhoods web site. Track calls to the Planning Department from neighborhood residents Research neighborhood planning tools, such as demolition controls,property maintenance controls,reduced speed limits,etc. Assist with analysis of Census 2000 data and preparation of neighborhood profiles. Assist with processing Neighborhood Improvement Incentive Fund applications. Assist with neighborhood planning initiatives Assist in the general planning activities of the Planning and Development Department Assist with research used to prepare applications for grants from state, federal or regional programs and assistance with grant administration Participate in meetings with legislative bodies,public official,citizens advisory commission, etc. Initiatives for Home Ownership Home ownership Task Force Cornell City Partnership Rezoning study Neighborhood Planning Initiative-2000-a preliminary proposal for neighborhood planning process linked to the capitol projects budget process,Community Development Block Grant funding and other funding mechanisms. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning& Development-607/274-6550 Community Development/IURA- 60-2--t-6559 Fax: 6077;2-4-6558 TO: Patricia Vaughan, Chair Members, Budget& Administration Committee FROM: H. Matthys van Cort, Director of Planning and Development RE: Southwest Area Land Use Plan Capital Project DATE: May 31, 2000 This is written to request that a supplementary allocation of$150,000 be added to the Southwest Area Land Use Plan Capital Project. At this time the Common Council has allocated $400,000 for the capital project. The current contract obligations, as approved by Common Council, now equal roughly$456,475 (see attached Summary of Southwest Park Land Use Plan Capital Project Activity as of 5/25/00,prepared by the Controller's office). While there is still some $43,693 unexpended in the project, we anticipate that payments in excess of that amount will come due in the immediate future. Roughly$60,000 will be needed to cover the total obligations under the existing contracts. In addition, there are several other known activities that will require funding from this capital project, as well as others that we cannot now identify. The known future expenses include: • An appraisal of the soon to be abandoned and sold Southwest Park. • Payment for printing of the SW Final GEIS and Plan. • Printing of the Southwest Area Design Guidelines • Contract with Jeannie Lee to finish her work on this project. (Jeannie has left her job with the City, but she has been asked and she has agreed to continue to work on the project until the GEIS, the Comprehensive Plan, and the Guidelines are complete.) On the advice of the Controller's office, we are requesting a total additional allocation of $150,000 to cover the existing obligations, the known upcoming expenses, as well as an amount to cover unanticipated additional activities. "An Equal Opportunity Employer with a commitment to workforce diversification." Planning & Development - Request to Amend Southwest Area Land Use Plan Capital Project WHEREAS, Common Council last amended the Southwest Area Land Use Plan in December, 1998 to a total authorization of $400, 000, and WHEREAS, it has been determined by City Staff that contracts already issued and future contracts needed for the Southwest Area Land Use Plan are estimated to cost an additional $150, 000 to complete the process, and WHEREAS, it is anticipated that when the Southwest Property is sold, the proceeds would be used to pay off the existing debt; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #367 Southwest Area Land Use Plan by an amount not to exceed $150,000 for a total project authorization of $550, 000, and be it further RESOLVED, That the same contract administration shall exist as was approved in December, 1998 by Common Council, and be it further REWSOLVED, That funding for said amendment shall be derived from the issuance of five-year Bond Anticipation Notes. - City of Ithaca Summary of Southwest Park Land Use Plan Capital Project Activity as of 5/25/00 Capital Proiect 367 Southwest Area land Use Plan Authorization: May 6 1998 CC $ 12,000.00 Advance by G/F December 2 1998 CC $ 388,000.00 Bonds - -- - - - $ 400,000 00 r Exbenditwes-. _ Date Payee-- -- -- PO' - - - -- es: - +_ ', Voucher) Amount i Description -- /9 '--- - - -3- -84 -+ - 8/5/98•Clough Harbour&Assoc 526551 1533 $ __9,843_10Inv 7422-17/56:1 &2 SEOR Review _- 8/26/98.Kirkpatrick&Silverberg _ 526531 - 1537 $ 450.00 'legal Services i - 1.1_120198 Kirkpatrick&Silverberg _ —_ 1744' $ 639.00;legal Services; __ 1/6/991 Clark Patterson Associates 1800: $ 25,675 79 inv 20713 and 20928 geis period to 10/23 -_ i98 2/17/99 Clark Patterson Associates 1849' $ 35,561.42 inv 21254 geis period to 11/20/98 4/7/99 Clark Patterson Associates _ 1908 $ 78,362.32 1inv 21480 geis period to 1/31/99 4/21/99 Trowbridge&Wolf _ 19121 $ 10,003 68 inv 163&167 design fees 1/1-3/31/99 5119/99!Clark Patterson Assoaates 1990 $ 63,629.44 inv 21746 geis period to 3/31/99 - ---- --------- - t- ---- ---- - -- - - --- 6/4/99iTrowbridge 2030 $ 1,578.49 inv 180 design fees 17 hours 8/9/99 1 Trowbridge&Wolf 21471 $ 3,190 50 inv 222 36 design hours _ -- ------ - - 20771 ---- --r - — Kirkpatrick&Silverberg - - $ 270 00 le al services! 7/23/99'Trowbridge&Wolf- 2120 $ 2,00_4 01 l inv 196 design fees 8/18/995 rk atrick&Siverber _ - +--p -- ___-g - 2190 108 00 legal services 1 -�-- - -_- - - Trowbridge&Vvolf - _ -_ r 2191 i $ 3,294.00 /inv 232 design fees _ 9/2/99`Clark Patters-on Asso_ciates_ 2222; $ 20,457.73iinv 22084 geis period to 5/7/99 —_ The Office of Thomas Martin _ _+ 22231 $ 19,636 83 inv 1318-1 &1318-2 geis 10/1 a/99�The Office of Thomas Martin - 2274 $ 9,795.001 inv 1318-3 geis - Kirkpatrck&Silverberg 2278 $ 234.00 legal services I _ 12/18/99'The Office of Thomas Martin 2421' $ 136.85 'inv 1318-4 geis yTrowbndge&Wolf 24221 $ 666 00 nv_292 design hours TKirkpat7ck&Silverberg _ _ 24711 $ 108.00lelegal services 1 .16--V991 SRF& ocia Asstes _ —t 1 24721 $ 968.40 1 inv 99024 fulton st restriping plan ---_- 2/4/001 Clar'<Patterson Associates r�ap� 241 30,371.56 ,inv 22921 geis period to 12/17/9_9_ -- Clark Patterson Assoaates a p 2523 $ 12,508.34 inv 22697 geis character econ 2522 00 ,Clark Patterson Associates _ a _ -- - -_ - p —�- $ 720_ inv 22697 geis additionar work concept plan 3/7/00 The Ithaca Journal _ 52 49$ 30.56 Legal Ad for Design guidelines -� :Kirkpatrick&Silverberg0 __ i- - 255 378 OO-1Legal Services -_ -- __ ring _-� _ -3_/15/001 The Ithaca Journal__ _ _ 2581$ .oS_ 2:§ Display Ad geis hearings and legal notice for guc heas — Elizabeth Brucie 2585 $ 811.30'Public Hearing Transcripts - Czerenda Court Repertin� - - 25861 $ 655.65 1 Public Hearing Transcripts :Chazen Engineering B;Land Surveying - 587 2 $ 4,864.08 ii L 116 feis 1/1/00-1/26/00 and inv 20591 feis 11/25- 2/29/991 Holiday Inn 2588 $ 450.00 Rental of Ballroom for Public Hearings Ithaca Times - - -- 25891 $ 194.50+Di�playAd SW_ geis-_ -�- —�- Kirkpatrick&SilverbergT 2590: $ 522.00 j Legal Sericesy _ PDQ Court Reporters - -_ 25911 $ 772.50 1 Public Hearing Transcripts fi 4/21/001Chazen Engineering&Land Stnveying t 26601 $ 7,350.97 linv 23062 feis 1/27-2/23/00 Trowbridge&Wolf r 26 16 $16 $ 262.50_ 1inv 367 desicgn fees 5/1'/001Chazen Engineering&Land Surveyingrt 9-- -- $ 9.555 71 ! I i I I Total Expenditures $ 356,306 28 -- - - I8alance of Auth&zation $ 43,693.72 1 - ---+ ---- _!- -_-- L L Surnmary - - i Contracts. - Balan - - -{ $267_286-60 cIarkPatterson $291280.00 $ 23,99340— _ $ 2,709.00 Kirkpatncki $ 21,400.00 $ 18.691.00 $ 21,770.76 Chazen $ 75,000.00 $ 53,229.24 , $ 20,999.18 Trowbridge -- $ 21,750.00+ $ 750 82T - - - i --- --- --- — - I----- - ---i - - - - ---f -- - -_ $ 30,800.00 1 , $ 1,231 32 .t.. - Martin$ 29 568.68 !Thomas M SRF $ 5,725.00 $ 5,725.00 ' Clough Harbour/5 10 520.00 $ 676.90 + ---- --- - $352,177.32 $456,475.00 ! --r—,297.68 ----- -- - --- - -- -r- -7 --- J - ra ,Available 43.693 72 ; 60,60396_Needed 1 --- -, - -- ---� - ----- - - DPW - Authorization for Capitol Project for the Traffic Signal Upgrade WHEREAS, the city of Ithaca desires to advance the Project (Traffic Signal Upgrade P.I.N. 375258) by making a commitment of 100% of the non-federal share of the costs of Preliminary Design (Phases I-VI), and WHEREAS, the Board of Public Works is responsible for the operation and maintenance of the traffic signals as charged by the City Charter, and WHEREAS, Common Council authorized the Ithaca Traffic Signal Grant Approval in December, 1997 for this project to pay in the first instance 100% of the federal and non-federal . share in the cost of scoping, design, and ROW incidental work for the project on portions thereof, now therefore be it RESOLVED, That Common Council establishes a Capital Project in the amount of$130,000 as requested and be it further RESOLVED, That the Superintendent of Public Works be authorized to sign all necessary agreements, certifications or reimbursement request for Federal Aid and/or Marchiselli Aid on behalf of the city of Ithaca with the New York State Department of Transportation, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost to the city will be roughly five percent (5%) of the final project cost, or $60,000 of the $1,200,000 y" estimated for the current project scope which will be confirmed in subsequent project approvals by Common Council and NYSDOT, of which $715,000 has been authorized for the project in the current Ithaca-Tompkins County Transportation Improvement Plan (TIP). v ' 5/30/00 7 �-� 2 .2 Ithaca Traffic Signal Upgrade Grant Approval By Alderperson Blumenthal : Seconded by Alderperson Vaughan WHEREAS,. a project for the Ithaca Traffic Signal Upgrade, P. I .N. 375258 (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 80o Federal funds and 20% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI) and ROW Incidentals; now, therefore be it RESOLVED, That Common Council hereby approves the above-subject project; and be it further RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of scoping, design (Phases I-VI) and ROW incidental work for the Project or portions thereof; and be it further RESOLVED, That the sum of $130, 000 is hereby appropriated from the General Fund (or appropriated pursuant to in-kind 04 services.) and made available to cover the cost of participation in the above phase of the Project; and be it further .RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement request for Federal Aid and/or Marchiselli Aid on behalf of the City of Ithaca with the New York State Department of Transportation 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 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 be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously STATE OF NEW YORK F> COUNTY OF TOMPKINS SS: CITY OF ITHACA I, Julie . Conley Holcomb, City Clerk of the City of Ithaca, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Common Council of said City of Ithaca at a Special meeting held on the 17th day of December, 1997, and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seal of the City of Ithaca, this 18th day of December, 1997 . . . �. . . . . 14. b . . . . . . . . . . . . Julie Conley Ho comb, CMC City Clerk City of Ithaca, New York PROJECT#: 1997-6 NYSDOT PIN: 375258 PROJECT NAME: Ithaca Traffic Signal Upgrade SPONSOR: City Of Ithaca The purpose of this project is to upgrade the grid of traffic controllers in the City Of Ithaca. PROJECT NAME TIP# PIN# FUND I Obligated DATE 99/00 DATE 00/01 DATE 01/02 DATE 02/03 DATE 03/04 DATE 5-YEAR Ithaca Traffic Signals 97-6 375258 STP-SMALL URBAN TOTAL Scoping 97-6 375258 VIO $20,000 Mar-99 $0 Preliminary Design 97-6 375248 VIO $40,000 Mar-99 $0 Detailed Design 97-6 375248 1 VIO $60,000 Mar-991 $0 Rt.Of Way Acq. 97 6 375248 VIO $10,000 Mar-99 $0 Rt.Of Way Incd. 97-6 375248 VIO $10,000 Jan-98 $0 Utilities $0 Construction 97-6 375248 VIO $500,000 May-99 $0 Inspection 97-6 375248 V10 $75,000 May-99 $0 Overrun $0 Force Account $0 Capital Acquisition $0 TOTAL $715,000 $0 $0 $0 $0 $0 $0 Sponsor: Fed $572,000 $0 $0 $0 $0 $0 $0 City Of Ithaca State $107,250 $0 $01 1 $0 $0 $0 $0 Local $35,750 $0 $01 1 $0 $0 $0 $0 Ithaca-Tompkins County 1999-2004 ®® Transportation TRANSPORTATION IMPROVEMENT ®© Council PROGRAM Page 77 IV. BACKGROUND The existing traffic signal system consists of a combination of NEMA and 179 controllers. Several of the NEMA controllers are electro-mechanical, and were manufactured by a company that is no longer in business.Spare parts are difficult to obtain,reliability is suspect and maintenance costs continue to increase. The current system is further hindered by a limited number of timing plans and is unable to adapt to seasonal variations in traffic flow. These variations are substantial because of students who attend Cornell University and Ithaca College. In addition to these problems there are also concerns from residents about quality of life issues. Poor synchronization of the traffic signal timing has resulted in long delays for motorists. These delays have increased driver frustration and contributed to motorists running red lights. There are also neighborhood issues. As a result of poor coordination, motorists have been taking shortcuts through residential neighborhoods to avoid traffic signals. Currently traffic signal synchronization is obtained by coaxial cable and time based coordination. The coaxial cable is broken in several places. There is little coordination between the state system and the NEMA controllers. Existing conduit is a combination of transite and plastic tubing.The conduit runs throughout the city except for one block along Albany Street. Some of the existing conduit is located in the street and some in the sidewalk area.The city will replace a section of conduit in the 300 block of State Street. It is being replaced under a separate contract. The city would like to replace the current system with a state-of-the art traffic signal system. The functional requirements of the new system should include the following: • intersection malfunction detection, logging, and selectable alarm paging • controller database downloading/uploading to each intersection • time-of-day synchronization of local controllers • traffic responsive operation • critical intersection control strategies • visual display graphic for monitoring intersections • preparation of systems users, configuration, and maintenance manuals • database management • multi-user workstations • signal timing plan development Coordination is desired throughout the network.The city would like to continue to use eight existing 330 cabinets because of considerations of the New York State Department of 4 Transportation. Use of the remaining cabinets are up to the contractor. Many of the traffic signals are span wire installations. A listing of the signals, type of installation, controller, and cabinet are identified in table 1. The project is subject to U.S.and New York State Department of Transportation guidelines. The project is a result of a TEA-21 grant to the City of Ithaca. r 5 . PROJECT AREA KEY 1 -26 SIGNALIZED INTERSECTION z z Q < 1 -638' DISTANCEXISTING CONDUIT o g Ld zcr- c� iZ Q 24 14 - 12 11 596' 266 488 587 317 COURT 23 21 3 10 9 BUFFALO M 18 4 5 6 SENECA (one way WB) M 25 22 17 19 3Pe.. .. .r'..�.. .. .. { 7 597' STATE M 2 city Han 597 1 GREEN (one way EB) to M b 26 CLINTON L Building Department - Request to Amend Authorized Personnel Roster and Compensate for Out-of-Title Pay WHEREAS, the City of Ithaca recognizes and honors the contract with the CSEA Administrative Unit, and WHEREAS, it has been determined that Michael Niechwiadowicz was assigned to work out-of-title effective July 1, 1999; now, therefore, be it RESOLVED, That Common Council hereby approves an amount not to exceed $5, 000 be transferred from account A1990 Unrestricted Contingency to Account A3620-5110 Salaries to provide a portion of the funds necessary to compensate Michael Niechwiadowicz for out- of-title work performed in 1999 in providing managerial assistance to the Network Administrator and the Acting Building Commissioner, and that he be compensated for out-of-title work and overtime for the year 2000 until June 8, 2000, and be it further RESOLVED, That Common Council hereby appoints Michael Niechwiadowicz to the position of Acting Deputy Building Commissioner at an annual salary for 2000 of $54, 000, effective June 8, 2000, and be it further RESOLVED, That this action be subject to the approval of the CSEA Administrative Unit and the signing of a Memorandum of Understanding between the Administrative Unit and the City of Ithaca that this temporary appointment shall be covered by the provisions of the Executive Association agreement . Resolution to Compensate Senior Plan Examiner for Out-of Title Work Whereas, the City of Ithaca recognizes and honors the contract with the CSEA Administrative Unit, and �l.OI M'�t�N i7zlit"e -rrOeo 1'rAct-/E'IL N/�Lf/W/�i�O�N�G7i w')f f9JSlel ✓ r) %1 aJ eOL Id o v7 0 1 Whereas, n� f title far mare than oyee she e-d-tZ'-rrTr,r i3�s .8%_pay-4tcmase; now therefore be it c�55r(A1 /0 Resolved, that Michael Niechwiadowicz Vk compensate¢ for out-of-title work performed in 1999 in providing manageria assistance to the Network Administrator and the Acting Building Commissioner, and that he be compensated for out- of- title work and overtime for the year 2000 until such day that he is officially appointed to the position of Acting Deputy Building Commissioner, and, be it further Resolved, that Michael Niechwiadowicz's title be changed to Acting Deputy Building Commissioner and that his salary be increased to $54,000 and that this title and salary become effective " i and, be it further Resolved, that this action be subject to the approval of the CSEA Administrati6n Unit and the signing of a Memorandum of Understanding between the Administratign Unit and the City of Ithaca, i% if ativt1rrio". 7_1Y,9 iNIJ a 01"77 7^1.ov7- Shy« a� cG �C•�� /s'� �x��c �:i�� .91Soc�►��7u�� /9�lR fir- , i T- SUSAN H. BROCK son Attorney at Law 306 East State Street, Suite 230 Ithaca, New York 14850 CITY OF 1 T H ti C A" Telephone: 607-277-3995 E-mail: brock@clarityconnect.com Facsimile: 607-277-8042 TO: MAYOR ALAN COHEN BUDGET AND ADMINISTRATION COMMITTEE FROM: SUSAN BROCK RE: TELERGY AGREEMENT DATE: MAY 30, 2000 Please find enclosed a draft agreement with Telergy East, LLC. If approved by Common Council, this agreement would allow Telergy to use public rights-of-way for its fiber optic telecommunications network. In exchange, Telergy would give the City 5% of its gross annual revenues derived from its system in the City. This agreement is temporary and will be modified if the City adopts a telecommunications franchise ordinance. This agreement is still being negotiated with Telergy. Underlined language shows additions the City is proposing; language that is struck through shows language that the City is proposing to delete. You are getting it now because we hope to finalize negotiations and present the agreement to Common Council on June 7. Telergy is putting considerable pressure on the City to.meet this timetable and has threatened to sue the City if it does not do so. I will attend the B&A Committee meeting on Wednesday, May 31, to answer questions about this agreement. In the meantime, feel free to call me with any questions. INTERIM RIGHT-OF-WAY USE AND ACCESS AGREEMENT BETWEEN CITY OF ITHACA, NEW YORK AND TELERGY EAST, LLC THIS RIGHT-OF-WAY USE AND ACCESS AGREEMENT ("Agreement") is made and entered into as of this day of , 2000, by and between TELERGY EAST, LLC; ("Telergy"), a New York limited liability company which maintains its principal place of business at One Telergy Parkway, East Syracuse, New York 13057 and the CITY OF ITHACA; ("City"), a municipal corporation which maintains its principal offices at 108 East Green Street, Ithaca, New York. WITNESSETH WHEREAS, Telergy is engaged in the business of constructing, installing, owning and operating 'a fiber optic telecommunications network and in providing competitive communications and related services in New York State pursuant to the Certificate of Public Convenience and Necessity issued by the New York State Public Service Commission ("PSC"), a copy of which is attached hereto as Exhibit A; and WHEREAS, the City is aware that the Commission has also granted Certificates of Public Convenience and Necessity to other firms which propose to provide new communications services throughout the State of New York on an intercity basis and some of those firms have expressed to City their interest in providing services within the City; and WHEREAS, the City believes that none of the firms holding Certificates of Public Convenience and Necessity issued by the Commission can lawfully begin regular operation within the City without first obtaining a franchise from the City pursuant to Sections 20(10) and 23(b) of the General City Law of New York and the Ithaca City Charter; and ::ODMA\PCDOCS\TELECOM\331388\I 1 C]TY DRAFT 05-30-2000 WHEREAS, the City is concerned that the construction of new communications facilities by multiple firms may have an adverse impact upon the community unless facilities are constructed pursuant to an overall plan that limits the use of the Public Right-of-Way so as to minimize (i) disruption of and damage to such rights-of-way; (ii) the risk of damage to facilities already lawfully located in the rights-of-way; (iii) the risk of personal injury and/or property damage to third parties; and (iv) interference to other lawful users of the public rights-of-way; and WHEREAS, pursuant to fN.Y. General Municipal Law Section 23 and Section C- 36(A)(37)4 of the Ithaca City Charter, such franchises may only be granted by ordinance adopted by the Common Council; and WHEREAS, the City desires to develop a comprehensive plan for franchising these providers of communications services that will minimize the risk of adverse public consequences from the construction undertaken by these new competitors; and WHEREAS, the City intends to (i) develop a comprehensive plan for franchising these providers of communications service; (ii) formally solicit franchise applications and conduct public hearings on those applications; and (iii) complete Common Council adoption of City ordinances granting nonexclusive franchises to one or more parties; and WHEREAS, in the interim, Telergy desires that the City enable it to construct, upgrade and expand, own and operate its telecommunication facilities and system within the public Right-of-Way in the City; and WHEREAS, the City intends that this Agreement shall in no way prejudice or limit the Common Council's ability to adopt whatever permanent regulations and requirements, including fee requirements, it lawfully determines to impose upon franchisees; and WHEREAS, Telergy intends that this Agreement shall in no way prejudice or limit its ability to challenge any permanent regulations, policies, procedures, requirements or ordinances of the City, including fee requirements that the City may seek to impose on franchisees; and WHEREAS, given the foregoing, the parties are willing to proceed under the terms and conditions hereof; NOW, THEREFORE, in consideration of the premises and their mutual promises and undertakings herein, the parties, intending to be legally bound, hereby agree as follows: ::0DMA\PCD0CS\TELEC0M\331388\1 2 CITY DRAFT 05-30-2000 1 1. Definitions. As used herein, the following terms shall have the following meanings: "Facilities" means communication cables, conduits, innerducts, strands of fiber, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location markers, appurtenances and related facilities installed by Telergy in the Public Right-of- Way of the City and to be used in the provisioning of all forms of wholesale and retail telecommunications and related services. "Gross Annual Revenues" means all receipts derived directly or indirectly by its affiliates, subsidiaries and any person or entity in which Telergy has a financial interest, as related to Telergy's telecommunications system in the City. fiom operation of the telecommunications system, provision of telecommunications services, provision of customer premises equipment and/or the provision of any service-related activity. "Public Right-of-Way" means the surface, the air space in, on, under, through or above the surface and the area in, on, under, through or below the surface of the particular public streets, roads, sidewalks, alleys and ways located within the City,— where public utility and public service easements have been or hereafter are granted or conveyed by the City. This term shall be limited to underground rights-of-way where the City has granted or conveyed or hereafter grants or conveys) an underground public utility or public service easement that does not include the right to use the surface or air space above the surface. This term shall not include any property owned by any person, corporation, public utility or agency other than the City, except as provided by applicable law or pursuant to an agreement between the City and any person or other entity lawfully transferring to the City the right to authorize third parties to use such property. {2. Scope of Authorization. This Agreement authorizes Telergy to construct, install, own and operate a fiber optic telecommunications network and to provide all forms of wholesale and retail telecommunications and related services. This Agreement does not authorize Telergy to construct, install, own or operate a cable television system or provide cable services. 3. Effect of Subsequent Telecommunications Ordinance on Interim Agreement. It is agreed that the terms and conditions of this Agreement are temporary_in nature and may be modified upon adoption of a general revised telecommunications ordinance consistent ::ODMA\PCDOCS\TELECOM\331388\1 3 JT\'DRAFT 0�-30.2000 with the Federal Telecommunications Act of 1996 and all federal, New York state and local laws, rules, regulations, policies and orders ("Ordinance")., pr-evided that sueh or-dinanee is usingapplied to all teleeemnianieations pr-eviders Rights Subject to paragraph 9, this} Agreement shall be superseded by the terms and conditions of said Ordinance enacted by the City, to the extent that such terms and conditions are in conflict with this Agreement, in whole or in part. If a formal modification to this Agreement is not executed within 120 days of the effective date of any such 4n4-Ordinance, that is ne lengeF ehallenge before the federal or- state eaufts and r-egulatei=y bodies of J..—sdietien then this Agreement shall be deemed amended by any such Ordinance, unless this Agreement is otherwise terminated by mutual agreement of the parties, or by either of them as provided herein. Notwithstanding the foregoing, if Telergy obtains a court injunction prohibiting the Ordinance from taking effect. then this Agreement shall not be deemed amended by such Ordinance while the injunction is in place. and Telergy shall comply with the terms and conditions of this Agreement while the injunction is in In ace. 4. Term. This Agreement shall be effective as of the date first written above, and if not otherwise terminated in accordance with the provisions hereof, shall remain in full force until modified as provided above, provided, however, that this Agreement as may be modified pursuant to paragraph 3 above shall expire after oveat3, (20)- ten 10 years if not otherwise terminated prior thereto. 5. Compliance. Telergy, by accepting the rights hereby granted, agrees that it will perform and keep all acts and obligations imposed, represented or promised by the provisions of this Agreement and all applicable laws. 6. Permit Fees. Telergy shall pay all standard processing, field marking, engineering and inspection fees associated with issuance of additional permits necessary for installation, including but not limited to, tree trimming permits and street facility permits. The City agfees issue all sueh pefmits on an expedited basis. -7. Nonexclusive. This Agreement shall not be construed as any limitation upon the right of the City to grant to other persons rights, privileges, or authorities similar to the rights, privileges, and authorities herein set forth, in the same or other streets, alleys, or other public rights-of-way, provided, however, that after the date of this Agreement, the City shall ensure that all subsequent 4 ::ODM A\PCDOCS\TELECOM\3313 88\I TrY DRAFT 05-30-3000 agreements between telecommunications providers and the City to utilize the Public Right-of- Way shall contain the same language as set forth in the "No Adverse Impact Upon Other Authorized Users" paragraph in paragraph 14 below. �. e. Otherwise, the City specifically reserves the right to grant at any time during the term of this Agreement such additional agreements for a telecommunications systems as it deems appropriate. 8. Agreement Subordinate. This Agreement is subordinate (and non-exclusive) to any prior vested rights that continue during the term of this Agreement off: (i)4 the City, and f(ii)4 other persons duly and legally authorized to use the specified Public Right-of-Way prior to the date of this Agreement for the purpose of constructing, installing, maintaining, locating, upgrading, repairing, operating, protecting, reconstructing, relocating, replacing and removing a4 other facilities in, under, over, across and along the Public Right-of-Way, including ingress and egress. This Agreement is also subordinate to all recorded easements, restrictions, conditions, covenants, encumbrances and claims of title existing on the date of this Agreement, which may affect the specified Public Right-of-Way. Telergy shall, at its own expense, obtain such permissions as may be required because of existing or future rights granted to or held by other parties. The City shall ensure that all subsequent agreements between telecommunication providers and -the City to utilize the pPublic Rights-of-Way shall contain the same language as set forth in the "Agreement Subordinate"paragraph. f9. Reservation of Rights. Excels specified in paragraph 10 below. Wwith respect to any Ordinance (as defined above) or other similar telecommunications and/or rights-of-way management and compensation ordinance that applies to all p ider-s of teleeeE,,,.,,unieati- - „ the Gity that is duly adopted or enacted, or sought to be adopted or enacted, by the City after the date of this Agreement, neither the City nor Telergy shall be deemed to have waived any rights or remedies at law or equity by virtue of executing this Agreement and each shall remain entitled to pursue any such rights or remedies. 10. Waivers. Telergy acknowledges that it is proceeding at its own financial risk in electing to install Facilities without knowing what regulations, requirements and charges, if any, the City may lawfully impose upon telecommunications providers pursuant to a future Ordinance. ::ODMA\PCDOCS\TELECOM\331388\1 5 c1TT DRAFT 05-30-2000 Telergy, for itself and its successors and assigns, hereby specifically waives: (i) any claim that it has obtained any grandfathered or other special status by making any investment or implementing any service pursuant to this Agreement without knowing such requirements, regulations or charges; (ii) any claim that it has taken any action pursuant to this Agreement in reliance upon any assumed regulatory or franchise fee environment-,fw-&v4ded, however-, that Teler-gy does net b vielate applieable state or- federal laws, s s or- would pr-event Teler-gy ffem or (iii) any claim that the requirement to modif this his Agreement to be consistent with anX Ordinance, as specified in paragraph 3 above or as may be required by any parallel regulation or by any Ordinance, violates any due process rights of Telergy or constitutes an uncompensated "taking"of its property interests created by this Agreement in violation of law. 11. Agreement Nontransferable.. _ _This Agreement shall not be assigned by Telergy without the written consent of the City,which consent shall not be unreasonably delayed or withheld. Notwithstanding the foregoing, Telergy may assign or transfer this Agreement without obtaining the written consent of the City to an affiliate, subsidiary, or parent company of Telergy which shall control, be under the control of or be under common control with Telergy. Telergy shall notify the City in writing of any such assignment or transfer within no less than ten (10) business days before the transfer. This notification shall include a copy of the transferee's PSC Certificate of Public Convenience and Necessity. and documents showing the transferee's financial. legal and technical capabilities to own. and operate the Facilities. Notwithstanding any provision of this Agreement, Telergy may assign or collaterally assign or pledge, in whole or in part, its rights, interests, and obligations under this Agreement without limitation tolist Telergy's current financier herel, airy-paw who is providing financing to Telergy, and any successors and assigns of the foregoing without the consent of the City. The City agrees that [list the financier here]-the helde.. of any seeuFyy interest shall not be prevented or impeded by the City from enforcing suet- any security interest. If required by [list the financierlt#e fina eing enkity, Telergy shall promptly notify the City and the City shall execute all assignments and/or acknowledgments of any security interest as are requested by Telergy to give ::ODMA\PCDOCS\TELECOM\331388\I 6 crrY DRAFT 03-30-20(10 effect to the foregoing. Telergy shall immediately notify the City in writing when the holder of any security interest makes an ay ttempts to enforce such security interest. Any assignee of this Agreement shall comply with all of its terms and conditions. 12. Technical 12.1 Service Area. The service area of Telergy shall be the City of Ithaca using Facilities installed in the pPublic Rights=of-Way. 12.2 Telecommunications System. Telergy will construct, install, own and operate a fiber based telecommunications system in the pPublic Rights-=of-=Way located in the City which will connect to Telergy's facilities installed in private rights of way located in the e_City. The initial backbone of the telecommunications system to be installed in hLe ppublic Rights-=of-=Way will have approximately three (3)plant miles and shall be installed along the path depicted in the map attached hereto as Exhibit B ("Initial Backbone"). Underground facilities will be sheathed in conduit or innerduct. The Initial Backbone shall be constructed and installed in accordance with Telergy's standard Construction Specifications attached hereto as Exhibit C and incorporated by reference. At its sole cost and expense, Telergy shall promptly provide the City with one copy of any updates or modifications to the Construction Specifications prior to any new construction. and Telergy shall comply with such updated or modified Construction Specifications. Any such updates or modifications shall comply with good engineering practices. Telergy shall receive all required City authorizations, permits and approvals before constructing and installing the Initial Backbone and any extensions thereto, and Telergy shall comply with the terms of such authorizations, permits and approvals, provided that. upon reasonable advance notice b, Telergy, the City agrees to work promptly to issue such permits in a timely manner.„ tinni:Taler ,,gy, meet its , as4u.tie tinietables 12.3 Construction timetable. The City and Telergy agree that the construction of the Initial Backbone shall be completed within six (6) months of Telergy's receipt from the City of all the authorizations, easements, permits and approvals required to commence construction of Telergy's Initial Backbone. The City agrees to use its best efforts to issue such authorizations, easements, permits and approvals related to installation of the Initial Backbone on an expedited basis. Telergy agrees to provide the City with a construction plan at least fifteen (15) days in advance for any extension of the Initial Backbone and shall not undertake any extension until it ::ODMA\PCDOCS\TELECOM\331388\1 7 'ITN'1.)R kLLD-20-2000 acquires the necessary permits from the City's Superintendent of Public Works ("Superintendent") for such extension. 12.4 Subject to All Laws. Upon completion of the fFacilities and acceptance and approval of the right of way restoration by the Superintendent, the use, operation and maintenance of the street rights of way and utilities located therein will be subject to all laws, rules,ordinances and procedures which lawfully apply to streets and utilities throughout the City. 12.5 Construction Standards. The construction, installation, operation, maintenance, and/or removal of the Initial Backbone and any extensions thereto located in the pPublic Rights- of--Way ights=of-=Way shall meet all of the following safety, construction, and technical specifications and codes and standards, as applicable: Occupational Safety and Health Administration Regulations (OSHA) National Electrical Code National Electrical Safety Code(NESC) All Federal, State and Municipal Construction Requirements All Building and Zoning Codes, and All Land Use Restrictions as the same exist or may be amended. 12.6 Condition of Facilities. Telergy agrees to keep its telecommunications system in good and safe condition. 12.7 Employee identification. Telergy shall provide a standard identification document to those of its employees and the employees of its subcontractors that will be in contact with the public. Such documents shall include a telephone number that can be used to verify that the person is an employee of Telergy or its subcontractor. In addition, Telergy shall use its best efforts to clearly identify all field personnel, vehicles, and other major equipment that are operating under the authority of the Agreement. 12.8 Aerial Construction. Telergy's aerial plant shall be marked for identification. 12.9 Underground construction. All underground construction shall be marked for identification with warning tapes consistent with industry standards. In all events, the tape shall be the type specifically manufactured for marking and locating underground utilities. Tape color shall be a bright color and shall bear a continuous printed inscription stating fiber cable, and Telergy shall ensure that cable is buried at the appropriate depth as consistent with industry 8 ::0DMA\PCD0CS\TELEC0M\331388\1 (-ITY DRAFT 05-30-2000 standards. 12.10 Subsurface Installation Marking. Telergy shall be a member of the Underground Facilities Protective Organization, or the existing regional "One Call" notification center for subsurface installations, for the life of the proposed facilities. Telergy, in addition to identifying underground construction with warning tape, shall field mark, at its sole expense, the locations of its underground Facilities in accordance with the recommendations of the "One Call" organization and the requirements of all applicable laws. 12.11 Submission of Map of Complete System to City. At its sole cost and expense, Telergy shall, within thirty (30) days following a written request from City, and no more often than annually, provide the Superintendent with one copy of a map showing the location and specific nature of all Facilities which Telergy has constructed and installed in any Public Right- of-Way within the City; provided, however, that Telergy shall notify the Superintendent as provided in paragraph 12.3 of this Agreement of any Facilities it intends to install in the pPublic Rights-of-Way in the City and shall provide the Superintendent with one copy of the updated map within thirty(30) days of completion of any such construction. 12.12 Tree Trimming. Subject to the prior approval of the Superintendent, Telergy shall have the authority, provided it abides by any local laws, ordinances, or regulations, to trim any trees upon or overhanging the streets, alleys, sidewalk, or public easements of the City to prevent the branches of such trees from coming in contact with the wires or cables of Telergy—last, except that at the option of the City, such tree trimming may be done by it, or under its supervision and direction, at the reasonable expense and cost of Telergy. Prior to any tree trimming, Telergy shall obtain a tree trimming permit which shall describe in detail the area in which tree trimming will take place. All tree trimming shall be in accordance with the ANSI A- 300 Tree Care Performance Standards, and shall be performed under the supervision of a certified arborist although a certified arborist is not required to be on site. All} clean up shall be to the reasonable satisfaction of the City. The City reserves the right to impose additional reasonable conditions to all tree trimming work, provided that the City imposes any such additional requirements on any and all persons, governmental and non-governmental entities that are involved in telecommunications or tree-trimming activities in the City. All said tree trimming performed by Telergy or by the City or under it-,Telerg's supervision or direction shall be 9 ::ODM A\PCDOCS\TELECOM\331388\I CITY DRAFT 05-30-2000 accomplished in the least intrusive manner and in a manner that is designed by Telergy to be aesthetically pleasing. 13. Compensation, Until such time as the City adopts the Ordinance and thereafter until this Agreement is modified by the Ordinance as provided in paragraph 3 above, or athepA,ise ifnpeses lesse Telergy agrees to provide the following compensation to the City for the use and access to the pPublic Rights-of- Way in the City as provided in this Agreement: (i) A one-time, lump-sum, non-recurring payment of S2,00GA8 $10.000.00 to reimburse the City for its costs associated with this Agreement, which jayment shall be made to the City within fifteen (15) days of the date of this Agreement; and (ii) Five percent (5%) of Telergy's Gross Annual evenues any derived €Fein use of its >raeilities installed in the .,,,blie Rights of Ala in the corporate limits of the City-, payable on a quarterly basis. Telergy shall send the Ci1y these payments within thiM (30) days of the conclusion of each calendar quarter, with the first payment due by October 30. 2000. The first payment shall cover the period from when Telergy begins providing telecommunications services in the City through September 30. 2000. Each payment to the City shall be accompanied by a written certification by financial officer that each payment is in the correct amount. The compensation set forth herein shall be the sole and exclusive compensation in full satisfaction of any and all franchise, revenue, license and other fees, charges, costs and expenses to be imposed on Telergy for the term of this Agreement except to the extent this Agreement is modified pursuant to the Ordinance as-described in paragraph 3 above. 14. No Adverse Impact Upon Other Authorized Users. Except as permitted by applicable law or this Agreement, Telergy shall not damage, or impair the use of, any pPublic Rights-of- Way located in the City or any other authorized facilities therein, including without limitation, streets, sidewalks, sanitary sewers, storm drains, water mains, gas mains, poles, overhead or underground wires or conduits, without the prior written approval of the City and any other owner(s) of the affected property. 15. Safe Condition. Telergy shall construct and keep its Facilities in good and safe ::ODMA\PCDOCS\TELECOM\331388\1 10 'IT ) Af1_OS-30-?000 condition and free from any nuisance in compliance with New York sState's and the City's lawful ordinances, rules and regulations. Without limiting the generality of the foregoing, Telergy shall comply with: the construction, maintenance and other standards properly issued by the City Department of Public Works, the terms and conditions of this Agreement; and other lawful rules or City ordinances and regulations generally applicable to work in the Public Right- of-Way. 16. Repair of any Damage. Telergy shall be responsible for any damage caused by Telergy or its agents, employees or subcontractors to City streets, existing utilities, or curbs and sidewalks due to its installation, maintenance, operation, repair or removal of its Facilities in the Public Right-of-Way, and shall repair, replace and restore in kind any such damage at its sole expense. 17. Right of entry. The Superintendent and his for herl designated representatives reserve the right to enter all publie property located in the City through which the Initial Backbone and any extensions thereto will be constructed to observe the ongoing construction, and to inspect materials and workmanship, provided however that the Superintendent shall give Telergy prior notice for entry into any non-public Right-of-Way or into any Telergy Facilities and any such entry shall be in the presence of a Telergy representative. 18. No Cost to City. The construction, installation, operation, maintenance and removal of Facilities shall be accomplished without cost or expense to the City and shall be subject to the terms and conditions of this Agreement, including the Construction Specifications attached hereto as Exhibit C, and shall be accomplished in such manner as not to endanger persons or property or unreasonably obstruct access to, travel upon or other use of the specified Public Right-of-Way. 19. Removal. Telergy shall remove or relocate the Facilities it installs under this Agreement, without cost or expense to City, only if such removal or relocation is fat the request4 of the City, f and is} made necessary by (i) any change of grade, alignment or width of any street; (ii) any changes to the City's water system, storm sewers or sanitary sewers; (iii) construction, maintenance or operation of any other City-owned or leased underground or aboveground facilities; and/or (iv) such other municipal improvements as deemed in the public interest by the City. Said removal or relocation shall be completed within ninety (90) days following written 11 ::ODMA\PCDOCS\TELECOM\331388\I (_ITY DRAFT 05-30-2000 notification by City, or such shorter period as the Superintendent may reasonably direct in the event of an emergency. In the event Telergy fails to remove or relocate its Facilities within such period, City may cause the same to be done at the sole expense of Telergy. The City, for its own and on behalf of any third party, will cooperate and issue, on an expedited basis, all permits necessary to enable Telergy to relocate its Facilities without disruption to its services. 20. Bonds and Reserves. (A) Within thirty(30) days after the effective date of this Agreement, Telergy shall set aside a cash reserve or obtain a bond to assure compliance with Telergy's obligations related to the Initial Backbone under this Agreement. The reserve or bond shall be in the amount of Fifty Thousand Dollars ($50,000.00) and shall be in a form acceptable to the City in its reasonable discretion. The reserve or bond shall be maintained throughout the period that Telergy is installing the Initial Backbone and for such longer period as necessarily required for Telergy to correct any deficiencies under this Agreement for Telergy's installation, which deficiencies are identified to Telergy in writing by the City within ten (10) days following Telergy's written notice of completion to the City. (B) At least ten(10) days prior to commencement of any underground construction by Telergy subsequent to the Initial Backbone construction, Telergy shall file with the City a construction bond in the amount of one-half of the estimated cost of such construction. This bond shall be in the same form as the form utilized for the Initial Backbone-. The construction bond shall be released upon the same terms and conditions as set forth in paragraph A above. 21. Insurance. 21.1 Liability Insurance. Telergy shall obtain, and maintain at all times during the term of this Agreement, comprehensive general, automotive liability and owners and contractors liability insurance protecting Telergy in an amount of not less than Five Million ($5,000,000)- Dollars per occurrence, including bodily injury and property damage, as a combined single limit or equivalent, with deductibles that are standard to Telergy, such deductibles not to be increased without the prior consent of City. Such insurance shall name City as an additional insured party. Claims-made policies are not acceptable. When umbrella or excess coverage is in effect, it must follow the form of the underlying coverage. Such insurance shall not be canceled nor shall Telergy reduce coverage without giving City at least thirty (30) days' advance written notice of ::ODMA\PCDOCS\TELECOM\331388\I 12 Q11Y l)NAFT 0i-30-2000 such cancellation or change, and it shall be the responsibility of Telergy to notify City of such change or cancellation. Notwithstanding anything herein to the contrary, Telergy may self- insure upon authorized written consent from the City and conditions consistent with this Agreement that are acceptable to the City. 21.2 Worker's Compensation Insurance. Worker's Compensation and employer's liability insurance shall be obtained and maintained at all times during which work occurs under this permit, in amounts required by law. A condition for entry into this Agreement is the presentation by Telergy to the City of either proof that Telergy provides the levels of workers compensation and disability coverage required by the State of New York or that it is not required to provide such coverage. 21.3 Insurance Companies. Insurance companies from which coverage is obtained must be admitted in New York and rated at least B+:IX in the current Best's Insurance Guide. 21.4 Proof of Insurance: Disclosure of Deductibles and Self—Insured Retention. Before commencing work, a certificate of insurance showing proof of the required coverage shall be provided to the City. Any deductibles or self-insured retention must be disclosed on the certificates of insurance. 21.5 No Liabili , Limit. The insurance policy limits in the provisions of this Section 21 shall not be construed to limit the liability of Telergy under this Agreement. Netvithstanding b to the herein, shall be liable to the ether- er- its , i > > ents er- eentFaeter-s for- > ineidental damages, ineluding lass of'refits 22. Abandonment of Facilities. If any portions of Telergy's Facilities covered by the Agreement are formally abandoned, it shall notify City in writing at least thirty (30) days in advance and Telergy shall either promptly vacate and remove the Facilities at its own expense or, pursuant to the written approval of the Superintendent, may abandon some or all of the Facilities in place. 23. Removal or Relocation of Facilities. Telergy shall, after the removal or relocation of its Facilities, at either its own cost or the cost of third persons, repair and return the Public Right-of- Way on which the Facilities had been located to a safe and satisfactory condition in accordance with the generally applicable construction standards and specifications established by City. ::ODMA\PCDOCS\TELECOM\331388\I 13 CITY DRAFT 0�-30-20(10 Should Telergy remove or relocate its Facilities in the Public Right-of-Way, it shall give City not less than fifteen (15) day's prior written notice of its intent to do so. Before proceeding with removal or relocation work, Telergy shall obtain such additional permits as may be required by the City. 24. Indemnification. Telergy agrees to indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its officers, employees, elected officials, agents, boards and commissions and any successors to City's interest from and against any and all claims, demands, losses, damages (including personal injury resulting in death), liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments and all reasonable costs and expenses incurred in connection therewith, including without limitation reasonable attorney's fees and costs of defense (collectively, the "Losses") arising from acts or omissions of Telergy or its successors, agents, contractors or employees in connection with the activities authorized by this Agreement, except to the extent any Losses arise solely from the willful misconduct or negligent acts or omissions of the City, its officers, employees, elected officials. agents,boards and commissions, and any successors to the City's interests, other- r-d-dies. 25. Acknowledgment. Subject to paragraph 9, Telergy acknowledges that it is proceeding at its own financial risk in electing to install Facilities prior to the City's adoption of a final Ordinance , which may alter the regulations and requirements the City may attempt to impose upon new franchisees after the date of this Agreement, provided, however, that the City shall give Telergy advance written notice to the addresses set forth in paragraph 4r7 27 of this Agreement {thirty (30)4 days in advance of the Common Council's consideration of any such Ordinance that may affect Telergy's rights hereunder. 26. Police Powers. In accepting this Agreement, Telergy acknowledges that the City has police powers to adopt and enforce general ordinances necessary to the safety and welfare of the public and it agrees to comply with all properly adopted general laws and ordinances enacted by the City pursuant to such power, as provided by lawful ordinance, provided that, subject to paragraph 10. Telergy reserves the right to challenge or otherwise oppose the adoption of any such general ordinances. 271. Notices Hereunder. All notices permitted or required hereunder shall be in writing and 14 ::ODMA\PCDOCS\TELECOMl331388\1 CITY DRAFT 05-30-3000 C shall be transmitted via certified United States mail, return receipt requested or by private delivery services and shall be addressed as follows or to such different addresses as the parties may from time to time designate: if to the City, to: {City Attorney} City Hall, Suite 403 108 East Green Street Ithaca, New York 14850 with a copy to: {Mayor City Hall, Suite 401 108 East Green Street Ithaca, NY 148501 if to Telergy to: President Telergy East, LLC One Telergy Parkway East Syracuse,New York 13057 with a copy to: f General Counsell f Telergy East,4he LL -j {One Telergy Parkway} {East Syracuse,New York 130571 Notices shall be deemed effective upon receipt. 28. Surrender of Permit. Telergy may surrender the permission granted by this Agreement at anytime upon thirty (30) days' prior written notice to City. Such surrender by Telergy shall not relieve it of any obligation to the City regarding any existing breach or unfulfilled provision of the Agreement. Within ninety (90) days after such surrender, Telergy shall, at-it-a-eleetien unless directed to do se-otherwise by the City, remove its fiber-Facilities from the Public Right- of-Way and repair and restore such Public Right-of-Way, except to the extent that should the City grant a moratorium during said ninety (90) days, then such ninety (90) day period shall be extended for the same period of the moratorium. 29. Remedies. 29.1 Violations. The City shall provide Telergy with a detailed written notice of any violation of this Agreement or any applicable laws, regulations or ordinances upon which it ::0DMA\PCD0CS\TELEC0M\331388\1 15 CITY DRAFT 05-30-2000 proposes to take action, and permit a ninety (90) day period within which Telergy may demonstrate that a violation does not exist or to cure an alleged violation or, if the violation cannot be corrected in 90 days, to submit a plan satisfactory to the City to correct the violation. 9 an allegged ...c1.at._cn : pr-even to exist elf no cure or action on a plan reasonably acceptable to b_... � r.�.. P Y P the City has been received by the City within (90) days, the City may provide a notice to terminate this Agreement pursuant to the Notice provisions of Paragraph 27 of this Agreement, provided however that this Agreement shall not be terminated until Telergy has had a reasonable opportunity to petition the City Common Council for relief and has had an opportunity to be heard 1, d ., the right to t� .euFt or- g ,lntn.ef eem etent ...sdietie cf rb appeal � ..�::!� ... '•gib:......... ... ..t....,,..��"•' ... .. ... 29.2 Force Majeure. In the event that Telergy shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of acts of God, insurrection, war or other reason of a like nature, strikes and labor disputes, or transportation and materials delays, not the fault of Telergy, then performance of such act shall be excused for the period of the delay and the period for the performance of any act shall be extended for a period equivalent to the period of such delay. 30. Construction: Jurisdiction. This Agreement shall be construed and governed by the laws of New York without regard to provisions governing conflicts that would result in the application of the substantive laws of another state. This Agreement has been prepared by both parties represented by Counsel. It shall not be construed for or against any party on that account. Each party hereby submits itself and its permitted assigns to the jurisdiction, including personal jurisdiction, of the Courts of New York located in Tompkins County fand the United States District Court for the NorthernDistrict of New York.} 31. Cooperation. The parties recognize that it is within their mutual best interests for the telecommunications system to be operated as efficiently as possible in accordance with the requirements set forth in this Agreement. To achieve this, the parties agree to cooperate with each other in accordance with the terms and provisions of this Agreement. Should either party believe that the other is not acting timely or reasonably within the confines of applicable regulations and procedures in responding to a request for action, that party shall send a notice in ::ODMA\PCDOCS\TELECOM\331388\I 16 CI f1'UR 1FT 05.30-2000 accordance with paragraph 27 of this Agreement. 32. Entire Agreement. The foregoing Agreement contains the entire understanding between the parties with respect to the subject matter hereof. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of the Agreement which are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized agents as of the date first above written. CITY OF ITHACA By: Print Name: Print Title: TELERGY EAST, LLC By: Ed Hartnett President ::ODMA\PCDOCS\TELECOM\331388\I 17 CITY DRAFT 05-30-2000 EXHIBIT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY DMAT DOCS\TELECOM\331388\1 18 CITY DRAFT OS-30-2000 EXHIBIT B MAP OF INITIAL BACKBONE ::0DMA\PCD0CS\TELEC0M\331388\1 19 CITY DRAFT 05-30-20(N1 EXHIBIT C CONSTRUCTION SPECIFICATIONS ::ODMA\PCDOCS\TELECOM\331388\I 20 CITY DRAFT 05302000 O.T. with 8% increase: 321 .49 hours = x --) 321 .49 (1 .5)(23.58) _ $11 ,371 .10 amount owed = 11 ,371 .10 — 10,527.17 = $843.93 1999 salary with 8% increase $45,403.04 x 1 .08 = $49,035.28 increase owed for 6 months ($49,035.28)(.5) _ $24,517.64 1999 salary paid for 6 months ($45,403.04)(.5) _ $22,701 .52 $ 1 ,816.12 — OWED Salary to date for 2000 $17,395.80 @.08 increase = $1 ,391 .66 amount O.T. accrued in 2000 = 161 hours hourly rate with 8% increase = $23.58/hour 161 hours x $23.58/hour = $3,796.38 Total amount owed 1999 — 6 months @.08 increase-------------------------------$1 ,816.12 1999 overtime @.08 increase ------------------------------------ 843.93 2000 8% increase for work per date --------------------------- 1 ,391 .66 2000 — 161 hours O.T. -------------------------------------------- 3,796.38 Total owed $7,848.09 BUDGET AND ADMINISTRATION COMMITTEE MAY 31, 2000 7:30 P.M. COMMON COUNCIL CHAMBERS AGENDA Statements from the Public Amendments to Tonight's Agenda A. Common Council 1. Request to Release Funds for Midnight Basketball Program B. DPW 1. Octopus Project Sculptures DOT Funding Request 2. Cornell Lake Source Cooling Agreement - Discussion/Possible Resolution 3. DPW —Request Funding for Emergency Repairs to Stewart Park Pavilion C. Fire Department 1. Request Funds for Emergency Backup Paging System - Resolution D. Mayor (IURA) 1. Request to Expand West End Target Area for West End Commercial Loan Program - Possible Resolution E. Planning & Development 1. Request Approval of Two Half-time Positions - Possible Resolution 2. Time Warne AOL Transfer - Di ussion/Possible Resoluti ( J� F. Buildi g Department 1. Personnel Item - Executive Session G. Reports 1. Sidewalks - Joan Spielholz 2. 2 Hr. Free Parking - Pat Vaughan 3. Mayor's Report 4. Council Members' Announcements S. Next Month's Meeting: June 28, 2000