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HomeMy WebLinkAboutPWC Minutes 2009-10-27 - f AI* TOWN OF ITHACAdif‘ Public Works Committee 71 October 27, 2009,9:00 a.m. to 10:00 a.m. Present: Peter Stein, Bill Goodman, Rich DePaolo,Jim Weber,Dan Walker, Rich Schoch,Gene Redman,Wayne Sincebaugh,Jonathan Kanter, Kristin Taylor,and Creig Hebdon Guest: Bill Sczseny and Matt Whitmore The meeting began at 9:03 a.m. The minutes from the September 27, 2009,meeting were approved. Forest Home Calming, Phase I The Committee discussed that colored pavement costs much more than regular asphalt. The Committee discussed having just the shoulder pavement colored. This was discussed with the Forest Home Association. We are waiting for the State's approval which should be in November. Michael Bend,Forest Home Association, asked if an asphalt polymer could be applied to the roads and was told the Town could not afford to do that. The Committee talked about if Phase II has been worked on. Jonathan Kanter thinks we should take this to the Capital Projects Committee. There has been no money allocated for it yet. The Committee discussed that this whole project will cost over a million dollars. As the Public Works Department rebuild roads,we include traffic calming. The Committee discussed that the consultants will have additional work,as some signs had to be relocated. The Committee talked about have somewhere around $9,000 being submitted to the Town,but Dan Walker felt it would be more like $4,000. Forest Home Drive Bridge (Upstream) The Committee and the Town staff have voiced their concerns about Tompkins County Highway Department's time frame. a/ Public rks Committee minutes,October 27,2009 Page 2 kins County says they need at least two or three months to get land easements 41 hd that the Federal money is also holding up the project. They said they will not be able to start construction until at least September 2010. There was a question as to when the Town should do our part of the road construction and water and sewer line realignments. We are not sure if putting it off another year will affect the funding we would get. Dan said that if we award the project, the Federal Government will encumber the money. We will need to know by March. The Committee talked about bonding the project. The Committee discussed that the Warren Road Walkway project will not be finished until 2010. No Parking on Troy Road and E. King Road Bill Szcseny,Tompkins County Highway, said that the County would like to have no parking on a section of Troy Road and E. King Road. He said that since they worked on the drainage in the area people are parking on the roads more. There are safety issues with accidents,site distances,and snow removal. There would be no parking on both sides of Troy Road for approximately 1,500 feet from E. King Road and on the north side of E. King Road for approximately 700 feet from Troy Road. Matt Whitmore said that he has spoken to the residents there to no avail. The Committee talked about if it would help if there was a stop sign on Troy Road, as E. King Road already has them. It was pointed out that both Troy Road and E. King Road have a 45 MPH speed limit. The Committee asked about the accident history in that area. The Committee was not sure if there is a written history. East Shore Drive Water Line Creig Hebdon explained that the City of Ithaca has not decided what they are going to do about their water supply. The Committee agreed that the Town should move ahead with our project. Highway Right-of-Way Work Permit Gene Redman explained that the Town's current Highway Right-of-Way work permit is very out dated—Last time it was accepted by the Town Board was 1966. Gene explained that we used the Town of Lansing's a model. A local law would have to be made and a copy of a draft was provided to the Committee members. Jim Weber felt Public Works Committee minutes,October 27,2009 Page 3 that the Towri s attorney needs to review this. Then it would go to the Town Board for their approval. Southwoods Development Water The Committee discussed that the water flow.to the Southwoods development is very low. Some houses are lower than 20 psi. There are 42 lots in this development. The water comes from Coddington Road and that is a weak system. Also,because of the weak system, the fire hydrant is a low flow hydrant and impacts the homeowners'house insurance. As it is now, the piping is three miles long. We would get better flow if it was between 2,000 to 3,000 feet. It would cost around half a million for the pipes and would serve about six or seven more houses. We do not recommend a pump station. Peter Stein felt that the homeowners should get buster pumps. Coddington Road Sewer The Committee discussed that Tompkins County Health Department would like to have municipal sewer on Coddington Road. Right now the homes are on septic tanks. The new scoring sheet was used and it scored a 2. The Committee discussed not paying for it as it will cost approximately$607,000 to extend the sewer. There would be 45 properties served. • The meeting was adjourned at 10:18 a.m. ghk ____ > TOWN OF ITHACA ,r ®o¢� 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 PUBLIC WORKS(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1763 FAX(607)273-1704 ENGINEERING MEMORANDUM FROM: Dan Walker TO: Jon Kanter,Jim Weber DATE: 10/26/2009 RE: Forest Home Traffic Calming,Plan and Budget review notes By Telephone I discussed the project status with Bill Merwarth this morning: I. Construction Cost Estimate - a. Project estimate of$409k is significantly above the MPO approval of$371 K b. $90K estimate for Polymer over lay is item that can be reduced to shoulder only/I,conpider making full width pavement an ADD Alternate for contract (/4/SIJi L-Y S kottl rt J\ c. Other items under review by Town staff written•comments after review an'PWC this week (( Q c-e_ 2. Engineering Consultant Supplemental agreement ( ' I _ �)h� G o,t a. In agreement that drainage work was not in original agreement 5 cc- a, b. Town Provided Survey Information c. 100 Hours of additional engineering time seems excessive (La t.s,...I-1... - 4.0 f r`S c_ d. Additional meetings for change of location of entrance feature were minimal and included several telephone calls e. Bill will review claim and provide documentation in better detail f. I will discuss at PWC — S s 04 1 ✓-0.st ?++ — /1,C,•f`vL 0-,-Le,B 0 i,t G3L`Q?/J) O//7✓ //�� � 0.2pa. — I, r,,._,,d—,b.... ! res trz )1-e.) tie. LAc,//�OoS, �fi�-'_ �L --e-i�S 1s... ..1A rd v cam._,.e �+S c�5 c/ C F� �� �o✓K (I�C,kt V I:\Projects\Forest Home Drive\Traffic Calming\project status review memo 10-26-2009.doo Town of Ithaca Page 1 10/26/2009 � � rv\ wvrlc �j s.4 ►Jr� n- � . ATTACHMENT B • Forest Home Traffic Calming`— Phase I Task List The Consultant will perform the following tasks: 1.0 DATA COLLECTION ' The Consultant will obtain existing conditions data required for the'design of ten proposed speed humps (tables) locations identified in.the June 29, 2007 Forest Home Traffic Calming Final Report by means of field measurements, GIS data, and other readily available means to provide pertinent information to the level of detail commensurate with the expected design and construction activities. The Consultant will provide design sketches at a scale of 1" = 20'for each of the • ten proposed speed humps (tables) locations identified in the June 29, 2007 Forest Home Traffic Calming Final Report. The sketches will be developed in English units. The Consultant will use the traffic data contained in'Appendix I I of the June 29, 2007 Forest Home Traffic Calming Final Report. Obvious and apparent utilities will be located and documented. 2.0 PRELIMINARY DESIGN The Consultant will identify the applicable design standards to be used for this project. The Consultant will summarize the Evaluation of Alternatives contained in Appendix VII of the June 29, 2007 Forest Home Traffic Calming Final Report. The preferred alternative recommended for Design Approval will be the installation of the ten speed humps (tables) discussed as part of Alternative B'in Appendix VII of the June 29, 2007 Forest Home Traffic Calming Final Report. The Consultant will prepare sketches for each of the ten proposed speed hump locations. The Consultant will develop, provide and maintain accost estimate for each of the ten proposed speed hump locations. For this project the Design Approval Document (DAD) will be a brief Scope Summary Memorandum/Final Design Report. The Consultant will prepare the DAD and will submit 10 copies to the Town of Ithaca for their review and concurrence. 4,, McFarland Johnson Page 1 of 7 ATTACHMENT B Forest Home Traffic Calming — Phase I Task List The Consultant will assist the Town of Ithaca at one public information meeting with local officials, and citizens, at which the Consultant will provide black and white plan view sketches as visual aids and present a technical discussion of the proposed project improvements. The Town of Ithaca will arrange for the location of public information meeting. The Consultant will assist the Town of Ithaca with appropriate notification. The Town of Ithaca will obtain all necessary approvals and concurrences, and will , publish all applicable legal notices. The Consultant will prepare the Design Recommendation, and will modify the DAD to include the Design Recommendation. The Consultant will incorporate changes resulting from the public information meeting and the Town of Ithaca's review. The Consultant will submit 10 copies of the Final DAD to the Town of Ithaca. The Town of Ithaca will submit 5 copies of the Final DAD to the NYSDOT for a Final Environmental Determination. The NYSDOT will make the determination or obtain FHWA's determination. If necessary, the NYSDOT will transmit the Final DAD to FHWA for,final review and concurrence. The Consultant will again revise the Final DAD to incorporate changes (assumed minor) resulting from the NYSDOT and/or FHWA review. The Town of Ithaca will issue Design Approval, after approval from NYSDOT. 3.0 ENVIRONMENTAL The project is assumed to be a NEPA Class II action (Programmatic Categorical Exclusion). The Consultant will complete the NEPA Checklist, and forward the completed checklist to the Town of Ithaca for forwarding to the NYSDOT for a final NEPA determination. The project is assumed to be a SEQR Type II action. �> McFarland Johnson Page2of7 . ATTACHMENT B Forest Home Traffic Calming — Phase I Task List 4.0 RIGHT-OF-WAY The Consultant assumes that the proposed improvements can be constructed within the Town of Ithaca's Right-of-Way. The Consultant will establish the existing Right-of-Way from tax maps, evidence (ROW markers, iron pins, etc:) from field reconnaissance, and any other data the Town of Ithaca may provide. 5.0 DETAILED DESIGN The Consultant will prepare Final Plans for the approved design.recommendation. The Consultant will submit 10 copies of the Final Plans to the Town of Ithaca: The Town of Ithaca will submit 5 copies of the Final Plans to the NYSDOT for their review and approval. The Consultant will prepare a complete package of bid-ready contract documents. The package will include: • Instructions to bidders. • Bid documents. • Contract language, including applicable federal provisions and prevailing wage rates. • Special notes. • Specifications. • Plans. • A list of supplemental information available-to bidders (i. a., subsurface exploration logs, record as-built plans, etc.). - • Other pertinent information. The Consultant will submit the contract documents to the Town of Ithaca for approval. Upon approval, the Town of Ithaca will submit 3 copies of the contract documents to the NYSDOT for information purposes. The Consultant will develop, provide, and maintain the construction cost estimate for the project. The Consultant will update the estimate periodically and as necessary to incorporate significant design changes, and will develop and'provide the final Engineer's Estimate, including all quantity computations. `�> McFarland Johnson Page 3 of 7 ATTACHMENT B Forest Home Traffic Calming — Phase I Task List The Consultant will coordinate with the utility company to secure power and establish a reimbursement structure for the lighting system for the six entrance locations. . 6.0 ADVERTISEMENT, BID OPENING AND AWARD • The Consultant will prepare the advertisement for bids to be placed in the NYS Contract Reporter and any other newspaper or publication identified by the Town of Ithaca. The Consultant will submit the ad(s) to the Town of Ithaca for review and will revise the ad(s) to reflect comments generated by that review. Upon approval by the Town of Ithaca, the Consultant will place the advertisements. Advertisements must not be placed until authorization is granted to the Town of Ithaca by the NYSDOT. The Consultant will answer calls and respond to questions (concerning the contract plans and bid documents) from prospective bidders, and will attend a pre- construction meeting. The Town of Ithaca will hold the public bid opening. The Consultant will attend the bid opening. . The Consultant will analyze the bid results. The analysis will include: verifying the low bidder. • ensuring receipt of all required bid documents (non-collusive bid certification, debarment history certification, etc.). • breaking the low bid into fiscal shares, if necessary. • determining whether the low bid is unbalanced. • for pay items bid more than 25% over the Engineer's Estimate: checking accuracy of quantity calculations. • determining appropriateness of price bid for work in the item. • determining whether the low bidder is qualified to perform the work. The Consultant will assist the Town of Ithaca in preparing and compiling the package of information to be transmitted to the NYSDOT. The Town of Ithaca will award the contract and will transmit the following information to the NYSDOT for information: (t> McFarland Johnson Page 4 of 7 A i • • ATTACHMENT B Forest Home Traffic Calming — Phase I Task List • transmittal letter, indicating Town of Ithaca approval to award to the ' lowest responsible bidder (or to reject all bids). • certification from Town of Ithaca that bid is acceptable and that low bidder is qualified and able to perform the work. • certification from the Consultant (signed and sealed by'a licensed Professional Engineer, Registered Architect or Registered Landscape Architect) stating that permits, resolutions, railroad and utility agreements, and title for right-of-way necessary to complete the project have been obtained. • Engineer's Estimate and verified low bid, broken down by fiscal shares, if applicable. • 7.0 CONSTRUCTION SUPPORT Construction support services are not included. Construction support services will be added as a Supplemental Agreement if it is determined that they are necessary. �, McFarland Johnson Page 5 of 7 , ATTACHMENT B Forest Home Traffic Calming — Phase I Task List ASSUMPTIONS The Town of Ithaca shall provide the Consultant with available pertinent existing data such as, but not limited to, Right-of-Way information, utility information, existing easements, and record plans. A meeting with NYSDOT Region 3 (Planning and Program Manager and Local Projects Coordinator) will be held prior to start of work to discuss the specifics of the project and the design procedure. The proposed project is the design of ten speed humps (tables) at locations identified in the June 29, 2007 Forest Home Traffic Calming Final Report as indicated as Phase I on the attached sketch. The proposed project does not include the cobbled shoulders, crosswalks or additional walkways shown on the attached sketch nor does it include any guide rail. The project will be developed using U.S. Customary (English) units. Estimate a total of 5 meetings during the life of this agreement. Assume that no field survey will be necessary. Survey will consist of taped measurements to locate topography and level shots to determine drainage patterns. Mapping will consist of scaled sketches based on field measurements. No cross sections will be developed. New York State Department of Transportation Highway Design Manual design standards will be utilized for design. Assume that no traffic counts will be necessary. Assume that no accidents analysis will be necessary. Assume that no capacity analyses will be necessary. Assume that no soil borings will be taken. Assume that no pavement evaluation will be necessary. Assume that no drainage improvements will be required. 44) McFarland Johnson Page 6 of 7 ,ATTACHMENT B Forest Home Traffic Calming — Phase I Task List Assume that a brief Scope' Summary Memorandum / Final Design Report ' (SSM/FDR) will suffice for the Design Approval Document (DAD). Assume that the Design Recommendation will be the installation of the ten proposed speed hump locations identified in the June 29, 2007 Forest Home Traffic Calming Final Report. Assume the no permits will be required. Assume that the Project will be a Programmatic Categorical Exclusion. No detailed environmental studies will be conducted. Assume that no ROW will be required. It is assumed that all proposed improvements, including power connection for the lights, will be within existing public ROW or utility easements. Assume that the Final Plans will be sketches of the ten proposed speed hump locations identified in the June 29, 2007 Forest Home Traffic Calming Final Report and details sufficient to obtain bids for construction purposes. There will be no DBE participation required. �`> McFarland Johnson Page 7 of 7 Exhibit B,Page 1 Estimate of Direct Non-Salary Cost McFARLAND-JOHNSON,INC. 1. Travel,Lodging and Subsistence Travel Rental Car,Mileage,Fuel $200.00 overnights CosVea. Lodging o @ $85 = $0.00 meals CosVea: Meals 0 @ $8 = $0.00 TOTAL TRAVEL,LODGING&SUBSISTENCE $200.00 2. Reproduction CosVea. a.Plots 0 plots 9 $1.50 = $0.00 b.Prints 0 prints S $1.50 = $0.00 c.Reports&Miscellaneous Copies(B&V 0 a&w 9 $0.05 = $0.00 o.Reports&Miscellaneous Copies(Colc 0 color 9 $0.90 = $0.00 TOTAL REPRODUCTION $0.00 3. Owner's Protective Insurance(Estimated) • $500.00 4. Mailings/Telephone Cost/ea. Telephone/Fax 0 months @ $ 4.00 = $0.00 Overnight 0 packages® $ 20.00 = $0.00 TOTAL COMMUNICATION $0.00 5. Subcontractor $0.00 $0.00 $0.00 TOTAL SUBCONTRACTOR $0.00 B. Miscellaneous CosVea. Film. 0 rolls® $ 10.00 = $0.00 Other Miscellaneous $100.00 $100.00 TOTAL DIRECT NON-SALARY COST $800.00 iPlijilUil' ' 'LIII it MU . -==- Encs5§Rx im m 222Mi2222222 m; 2 0 0000000000000 g ooto(S0000m000 wb ocgo$ oplom000 i e g' 3 'm 00000,s0000000 0 m oogopo0000000 1g . oogaI3ongom000 /Eo 00004,*0000m000 Io g 0 0.00000,0000000 � 1 o . o08oflflo8'000 fl ;Immutm di e 8888 &88088 pq • Exhibit C Summary McFARLAND-JOHNSON, INC. Forest Home Traffic Calming Phase I • Item IA, Direct Technical Salaries - $12,803 Item IB, Direct Technical Salaries Premium Portion of overtime $0 Item II Direct Non- Salary Cost(estimated) (Sub-Contractor Cost) $0 Item III, Overhead F t2-,ki S $22,918 Item IV, Fixed Fee ?Roe' �- $5,359 Item II Direct Non- Salary Cost(estimated) • (Sub-Consultant Cost) $0 Total Estimated Cost $41, 080 LUMP SUM FEE $42, 000 Item II, Direct Non- Salary Cost (estimated) $800 TOTAL CONTRACT $42, 800. TOWN OF ITHACA HIGHWAY RIGHT-OF-WAY WORK PERMIT - APPLICATION APPLICATION FEE: $250.00 , (includes preconstruction inspection and two other inspections. Additional inspections: $50 ea.) CK# CASH Applicant: Address: Telephone#: Fax# Start Date: Expected Duration: Permit Expires: General Contractor: Address: Telephone#: Fax#: WORK LOCATION: TAX PARCEL#: WORK DESCRIPTION: ASECURITY DEPOSIT OF$1,000.00 must be paid to the TOWN OF ITHACA before any work is done. Please note: Check will be cashed and deposited. This deposit is refundable upon a final inspection by the Highway Superintendent or designee. A Certificate of Public Liability Insurance is required to indemnify and protect the Town of Ithaca against any loss,damage or injury which might be incurred by reason of said road excavation or performance of the work incidental thereto. The Insurance shall be procured,paid for, and provided by the Contractor,who shall maintain general all-risk liability,completed operations,and worker's compensation insurance coverage each in the minimum amount of$1,000,000.00. Check should be made out to:Town of Ithaca. Office Use Only EXCAVATION: ROAD BORE: YES NO ROAD CUT: YES NO PLANS: Yes No _ SWPPP: Yes No Approved Date: Denied Date: Reason: Check#: ,Received: CERTIFICATE OF INSURANCE REQUIRED: Yes: No: ,Received: REVIEWED BY: RESPONSIBILITY OF THE PERSON(S)WORKING WITHIN THE TOWN RIGHT-OF-WAY GUIDELINES: 1. One lane of traffic must be maintained at all times. 2. If said road needs to be closed completely,Public Works Department must be notified 48 hours in advance so Highway Superintendent can close the road. - 3. All plans must include Town of Ithaca SWPPP. Continued on Back • 4. Contractor must notify"Dig Safely New York",(must give 2 working days notice)requesting a mark-out to prevent accidental cutting of any utility lines. Phone#811 5. Any work done within the town right-of-way must be returned to pre-construction condition or better. This includes, but is not limited to,all ditches,front and back slopes,road sub-base,road base and driving surface. By signing below the Applicant certifies that the above Guidelines have been reviewed and fully understood. The applicant also acknowledges receipt of"LOCAL LAW NUMBER 2 of 2004,EXCAVATION AND CONSTRUCTION IN TOWN ROADWAYS AND RIGHT-OF-WAYS." Applicant Signature Town Highway Superintendent Title: Date Date r RESOLUTION 04-081 Resolution Adopting Local Law Number of 2009 (Excavation and Construction in Town Roadways and Rights-of-Way) At a Regular Meeting of the Town Board of the Town of Ithaca held in and for the Town of Ithaca at.the Ithaca Town Hall on _ day of , 2009, the following members being present: ; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of , and was duly seconded by ; and the vote was as follows: ; and the following Resolution therefore passed , and was duly adopted: WHEREAS, the Town of Ithaca had previously adopted permit requirements for owners, contractors, and others who desired to dig or construct anything in Town of Ithaca roadway rights-of-way; and WHEREAS, the Town of Ithaca and the Town of Ithaca Public Works Department have, based upon past experience, determined (1) that such permit process has been ineffective as owners and contractors continued to excavate and construct in the right-of way without such permit, and (2) that without enforcement powers, the permit process will not work to protect the roadways, utility appurtenances, and public health and safety, and (3) the current permit process is very outdated; and WHEREAS, on several past occasions owners and contractors have damaged water lines, gas lines, and other utility and roadway appurtenances, and on occasion, have created significant risks to the life, welfare, and safety of residents, motorists, and pedestrians; and WHEREAS, the continuation of unregulated excavation and construction in such rights • - of-way presents a significant danger to the life, welfare, and safety of residents of the Town of Ithaca, as well as to passing motorists and pedestrians; and WHEREAS, Notice of a Public Hearing was duly posted, advertised, and/or published in accord with law, and a public hearing was duly held upon at , at • the Town Hall of the Town of Ithaca, 215 N. Tioga Street, Ithaca,New York, where as all persons interested in the subject hereof had an opportunity to speak and/or present evidence in favor of or against the adoption of such proposed Local Law Number_ of 2009, or any provision therein; and WHEREAS, after review and discussion of such proposal, and upon due consideration of all evidence and information gathered at the public hearing, the Town Board of the Town of Ithaca has hereby RESOLVED, that the Town Board of the Town of Ithaca, in its capacity as governing body of the Town of Ithaca, does hereby pass, adopt and approve Local Law Number_of 2009, as set forth in its entirety below, and as a consequence hereof, the Town Board hereby further repeals each and all prior Local Laws and Resolutions in conflict with Local Law Number of 2009: TOWN OF ITHACA,TOMPKINS COUNTY,NEW YORK LOCAL LAW NUMBER_OF 2009 EXCAVATION AND CONSTRUCTION IN TOWN ROADWAYS AND RIGHTS-OF-WAY SECTION 1: TITLE&APPLICATION-This Local Law shall be known as "Local Law Number_of 2009". Local Law Number of 2009 hereby repeals any prior Local Law or Resolution that is inconsistent herewith. Local Law Number of 2009 applies only within the Town of Ithaca, Tompkins County, New York. SECTION 2: DEFINITIONS —The following terms used in this Local Law shall have the following meanings: A. HIGHWAY—"Highway" shall mean each, every and all roadways within the Town of Ithaca, including the paved surfaces thereof, all signage, all ditches, culverts, drains and drainage ways, all utility and similar structures and appurtenances, and all land within the Town of Ithaca or State of New York rights-of-way. B. PERMIT—"Permit" shall mean any permit required under local, State, or Federal Law for and project or work undertaken or performed by any Contractor, including but not limited to any Permit required under this Local Law, Local Law Number_of 2009, the Town of Ithaca Land Use Ordinance, the Town Law of the State of New York, the Highway Law of the State of New York, and any regulations promulgated there under. C. CONTRACTOR—"Contractor" shall mean any person or entity, including any landowner or private citizen, that proposes to perform Excavation or Construction in or upon any Highway, or any Appurtenant Structure related to any Highway. • D. EXCAVATION—"Excavation" shall mean any work, process, or construction that proposes to or does alter the surface of any Highway, or which affects the soils or any Appurtenant Structure under any Highway. E. CONSTRUCTION—"Construction" means the building, repair, or replacement of any Appurtenant Structure. F. APPURTENANT STRUCTURE—"Appurtenant Structure" means any temporary or permanent structure or construct, other than a roadway, upon, under or in any Highway, including but not limited to signs, Page 2 of 6 • • waterlines, utility lines, culverts, ditches, drainage ways, manholes, driveways, guardrails, bridges and their supports and railings, and fencing. G. FEE—"Fee" shall mean any charge or cost imposed or due under or as a result of this Local Law. H. SECURITY—"Security" shall mean (1) an amount of cash delivered to the sole title and possession of the Town of Ithaca, free of reservations, restrictions, conditions or claims; or(2) an unconditional letter of credit approved by the Town of Ithaca; or(3) a performance and indemnity bond approved by the Town of Ithaca; or(4) a Certificate of Deposit irrevocably assigned to the Town of Ithaca in an approved amount; or(5) any other • form of undertaking as approved by the Town of Ithaca; or(6) any combination of the foregoing approved by the Town of Ithaca. I. DEFAULT—"Default" shall mean (1) any violation of the terms of this Local Law; or (2) the violation of any terms or conditions of any Permit; or(3) performing any work, Construction, or Excavation not referenced in the Contractor's application; or(4) performing any work, Construction, or Excavation upon any land, Highway, or Appurtenant Structure not specifically identified in the Application or the Permit issued by the Town of Ithaca; or(5) the allegation,publication, filing, or institution of any formal or informal claim, liability, loss, suit, claim, damages, costs, expenses, and/or suit against the Town of Ithaca. SECTION 3 PROHIBITIONS —No Contractor may perform any Construction or Excavation in, upon, or under any Highway right-of-way, nor construct or build any Appurtenant Structure, without a Permit. SECTION 4 PERMIT REQUIRED—Contractors must obtain all appropriate and/or required Permits from the United States, the State of New York, and the County of Tompkins, or from their applicable subdivisions, prior to applying for a Permit from the Town of Ithaca. All Contractors are required to obtain a Permit from the Town of Ithaca prior to performing any Construction or Excavation in, upon, or under any Highway, or before constructing or building any Appurtenant Structure. Each Permit issued by the Town of Ithaca will be valid for a stated period of time. If the Permit expires, a renewal Permit may be issued by the Town of Ithaca for an additional fee of$50.00, and upon such additional terms, security, or restrictions as determined by the Town Highway Superintendent, as determined in his or her sole discretion (without recourse). SECTION 5 PERMIT PROCESS —Contractors must submit an application for a Town of Ithaca Permit upon a form provided and approved by the Town of Ithaca Highway Superintendent. The application must be completed in its entirety, and must include all drawings and specifications for any Excavation or Construction. The Contractor must submit, at the time the application is submitted, an application Fee of Page 3 of 6 $250.00, or the Application will be rejected as incomplete. If the Contractor proposes to do work or perform any Excavation or Construction upon or under land, or other rights in or to land, that are owned by any person or entity other than the Town of Ithaca, the application must contain the written consent of each such person or entity, which consent must state that the owner has reviewed the proposed Excavation or Construction, including any related specifications and drawings, and consents to such work. SECTION 6 REVIEW OF APPLICATION—The Town Highway Superintendent will review each completed and submitted application within 30 days. Any application may be rejected if(a) the details, specifications, or drawings are incomplete or lack specificity, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or(b) if the proposed project, work, Excavation, or Construction is or will be harmful or injurious to any Highway, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or(c) if the proposed project, work, Excavation, or Construction is not in the public interest, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or (d) if the proposed Contractor is deemed unqualified or unreliable, as determined in the sole discretion (without recourse) of the Town Highway Superintendent. SECTION 7 SECURITY AND INSURANCE—The Town Highway Superintendent shall, for each application, determine and set an amount of Security and Insurance that must be posted or provided by the Contractor prior to the issuance of any Permit. The Security shall be in such form as determined in the sole discretion (without recourse) of the Town Highway Superintendent. Once Security is posted, the amount so posted shall be available to the Town of Ithaca, and for its use, at its discretion, without recourse, to cure any Default. The Insurance shall be procured, paid for and provided by the Contractor, who shall maintain general all-risk liability, completed operations, and workers' compensation insurance coverage's, each in the minimum amount of $1,000,000.00, and each such coverage or policy shall (a) name the Town of Ithaca as an additional primary insured, and (b) waive any subrogation rights as against the Town of Ithaca. SECTION 8 PERFORMANCE—The Contractor may only perform the work, Construction or Excavation authorized by the Permit. In performing such work, Construction or Excavation, the Contractor shall (a) preserve the roadway, the Highway, and each Appurtenant Structure from needless destruction or alteration; (b) cause the work, Excavation, Construction, backfilling, tamping, repair, and restoration to be one continuous operation that shall be completed by the earliest completion date stated in any Permit; (c) restore and repair any affected Highway and Appurtenant Structure to then current Town (or other governmental) requirements; (d) maintain at all times safe crossings,barricades, warning signs, lighting, and any and all other safety devices, structures, or procedures as may be required by law, i.e. following all current OSHA standards and DEC regulations, or any other governing regulations; (e) maintain at all times the Security and insurance coverage(s) required by any Permit; (f) perform the work, Construction and/or Excavation in such a manner, and at such times, as to not interfere with or obstruct the flow of traffic; (g) perform all backfilling and tamping with Page 4 of 6 , • i materials specified by the Town of Ithaca, which materials shall be free from clay, loam or silt, and which materials shall be moistened and mechanically tamped until thoroughly compacted. SECTION 9 RESTORATION—After performance and/or completion of any work, Construction or Excavation, the Highway and each Appurtenant Structure shall be repaired and restored in a permanent manner satisfactory to the Town Highway Superintendent. To the extent possible, any repair or restoration must match the original Highway or Appurtenant Structure in type, color, structure, materials, grade, and texture, in compliance with then current applicable specifications therefore. SECTION 10 LIABILITY AND INDEMNITY—The Contractor assumes sole responsibility for the worksite, and related or adjacent areas and lands, and agrees to assume all responsibility for any injury or damage that may or does occur as a result of any Excavation or Construction. The Contractor, to the fullest extent permitted by law, shall indemnify and hold the Town of Ithaca harmless from and against any, each, and all losses, actions,causes of action, suits, debts, dues, sums of money, accounts,reckonings, bonds,bills, specialties,covenants, contracts, controversies; agreements,promises, variances,trespasses, damages,judgments,extents, executions, claims, and demands whatsoever, in law, admiralty or equity, including, but not limited to, any and all experts', consultants', attorneys' and engineering fees and expenses. SECTION 11 UTILITIES —It is the sole responsibility of the Contractor to provide prior notice to each and all utility companies, public service companies,'and municipalities of the proposed work, Excavation, or Construction, and to have such company or municipality mark or otherwise identify the location or course of any underground or other utilities. No work, Excavation, or Construction shall commence until all utilities and underground appurtenances are marked and the rules and regulations of the Public Service Commission have been fully complied with. SECTION 12 INSPECTIONS —The Town of Ithaca may furnish and charge for an inspection for each day that the Construction or Excavation is in process; and until the same is completed as required by any Permit and this Local Law. The inspection is made for the sole purpose of trying to verify that the materials and processes used will result in a finished job that is consistent with Town of Ithaca specifications: No inspection is made for the purposes of reviewing, recommending, or verifying safety practices. The Fee for each such inspection shall be$50.00. SECTION 13 SPECIAL.CONDITIONS - The Town Highway Superintendent may require that special conditions be met as (s)he deems necessary, in his or her sole discretion (without recourse), in conjunction with the work,Excavation and/or Construction to be performed on, in, or under any Highway or Appurtenant Structure. Special conditions shall be identified or referenced in any Permit issued, or in any revised Permit issued by the Town of Ithaca; which such revised Permit may be issued by the Town of Ithaca sua sponte. • Page 5 of 6 SECTION 14 DEFAULTS —Any Default shall have conclusively occurred whenever(a) this Local Law is violated; or(b) any other law, rule or regulation of any government or governmental body is violated, or(c) the Town of Ithaca or the Ithaca Highway Superintendent issues any notice entitled "Notice of Default". No opportunity to cure any default is provided or implied. Upon the occurrence of any Default, the Contractor shall be deemed to have irrevocably forfeited any interest or claim in or to any Security, and the Town of Ithaca shall be deemed the owner thereof, and may use such Security for any purpose related to the Contractor's Permit, including, but not limited to, the repair of any damage, the completion of the project, or the hiring of any third party to complete the project. No default, nor the completion of the project by any third party or the Town of Ithaca, shall relieve the Contractor of any obligation or expense imposed under this Local Law, or as may otherwise be imposed by any other law or regulation. SECTION 15 OFFENSES; PENALTIES - Any Contractor or other person or entity that violates any of the provisions of this Local Law shall be guilty of an offense punishable by a fine or imprisonment, or both; however, for the purposes of conferring jurisdiction upon courts and judicial officers, such violation shall be deemed a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. In lieu of the foregoing and at the election of the Town of Ithaca, any violation of this Local Law shall subject any Contractor, person or other party to a civil penalty of not less than $100.00 and not more than $500.00 for any first violation, and to a civil penalty of not less than $250.00 and not more than $1,000.00 for any subsequent violations, with such penalties to be recovered in a civil action in the name of the Town of Ithaca. The application of any sentence or penalty shall not preclude the enforced removal or prevention of any prohibited conditions or violations of this Local Law. SECTION 16 EFFECTIVE DATE—This Local Law shall be and become effective immediately. The undersigned, Karen Billings, the Town Clerk of the Town of Ithaca, a municipal corporation of the County of Tompkins, State of New York, hereby certifies that the foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Town Board of said Town.of Ithaca at a Regular Meting duly called on proper notice and held on the_day of , 2009. In witness whereof I have hereunto set my hand and the seal of the Town of Ithaca this day of , 2009. • Karen Billings, Town Clerk Page 6 of 6 RESOLUTION 04-081 Resolution Adopting Local Law Number of 2009 (Excavation and Construction in Town Roadways and Rights-of-Way) At a Regular Meeting of the Town Board of the Town of Ithaca held in and for the Town of Ithaca at the Ithaca Town Hall on _ day of , 2009, the following members being present: ; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of , and was duly seconded by ; and the vote was as follows: ; and the following Resolution therefore passed , and was duly adopted: WHEREAS, the Town of Ithaca had previously adopted permit requirements for owners, contractors, and others who desired to dig or construct anything in Town of Ithaca roadway rights-of-way; and WHEREAS, the Town of Ithaca and the Town of Ithaca Public Works Department have, based upon past experience, determined (1) that such permit process has been ineffective as owners and contractors continued to excavate and construct in the right-of way without such permit, and (2) that without enforcement powers, the permit process will not work to protect the roadways, utility appurtenances, and public health and safety, and (3) the current permit process is very outdated; and WHEREAS, on several past occasions owners and contractors have damaged water lines, gas lines, and other utility and roadway appurtenances, and on occasion, have created significant risks to the life, welfare, and safety of residents, motorists, and pedestrians; and WHEREAS, the continuation of unregulated excavation and construction in such rights- of-way presents a significant danger to the life, welfare, and safety of residents of the Town of Ithaca, as well as to passing motorists and pedestrians; and WHEREAS, Notice of a Public Hearing was duly posted, advertised, and/or published in accord with law, and a public hearing was duly held upon at , at the Town Hall of the Town of Ithaca, 215 N.Tioga Street, Ithaca, New York, where as all persons interested in the subject hereof had an opportunity to speak and/or present evidence in favor of or against the adoption of such proposed Local Law Number_ of 2009, or any provision therein; and WHEREAS, after review and discussion of such proposal, and upon due consideration of all evidence and information gathered at the public hearing, the Town Board of the Town of Ithaca has hereby RESOLVED, that the Town Board of the Town of Ithaca, in its capacity as governing body of the Town of Ithaca, does hereby pass, adopt and approve Local Law Number of 2009, as set forth in its entirety below, and as a consequence hereof, the Town Board hereby further repeals each and all prior Local Laws and Resolutions in conflict with Local Law Number of 2009: TOWN OF ITHACA,TOMPKINS COUNTY,NEW YORK LOCAL LAW NUMBER_OF 2009 EXCAVATION AND CONSTRUCTION IN TOWN ROADWAYS AND RIGHTS-OF-WAY SECTION 1: TITLE &APPLICATION-This Local Law shall be known as "Local Law Number_of 2009". Local Law Number of 2009 hereby repeals any prior Local Law or Resolution that is inconsistent herewith. Local Law Number of 2009 applies only within the Town of Ithaca, Tompkins County, New York. SECTION 2: DEFINITIONS —The following terms used in this Local Law shall have the following meanings: A. HIGHWAY—"Highway" shall mean each, every and all roadways within the Town of Ithaca, including the paved surfaces thereof, all signage, all ditches, culverts, drains and drainage ways, all utility and similar structures and appurtenances, and all land within the Town of Ithaca or State of New York rights-of-way. B. PERMIT—"Permit" shall mean any permit required under local, State, or Federal Law for and project or work undertaken or performed by any Contractor, including but not limited to any Permit required under this Local Law,Local Law Number_of 2009, the Town of Ithaca Land Use Ordinance, the Town Law of the State of New York, the Highway Law of the State of New York, and any regulations promulgated there under. C. CONTRACTOR—"Contractor" shall mean any person or entity, including any landowner or private citizen, that proposes to perform Excavation or Construction in or upon any Highway, or any Appurtenant Structure related to any Highway. D. EXCAVATION—"Excavation" shall mean any work,process, or construction that proposes to or does alter the surface of any Highway, or which affects the soils or any Appurtenant Structure under any Highway. E. CONSTRUCTION—"Construction" means the building, repair, or replacement of any Appurtenant Structure. F. APPURTENANT STRUCTURE—"Appurtenant Structure" means any temporary or permanent structure or construct, other than a roadway, upon, under or in any Highway, including but not limited to signs, Page 2 of 6 • waterlines, utility lines, culverts, ditches, drainage ways, manholes, driveways, guardrails, bridges and their supports and railings, and fencing. G. FEE—"Fee" shall mean any charge or cost imposed or due under or as a result of this Local Law. H. SECURITY—"Security" shall mean (1) an amount of cash delivered to the sole title and possession of the Town of Ithaca, free of reservations, restrictions, conditions or claims; or(2) an-unconditional letter of credit approved by the Town of Ithaca; or (3) a performance and indemnity bond approved by the Town of Ithaca; or (4) a Certificate of Deposit irrevocably assigned to the Town of Ithaca in an approved amount; or(5) any other form of undertaking as approved by the Town of Ithaca; or (6) any combination of the foregoing approved by the Town of Ithaca. I. DEFAULT—"Default" shall mean (1) any violation of the terms of this Local Law; or (2) the violation of any terms or conditions of any Permit; or (3)performing any work, Construction, or Excavation not referenced in the Contractor's application; or(4) performing any work, Construction, or Excavation upon any land, Highway, or Appurtenant Structure not specifically identified in the Application or the Permit issued by the Town of Ithaca; or(5) the allegation, publication, filing, or institution of any formal or informal claim, liability, loss, suit, claim, damages, costs, expenses, and/or suit against the Town of Ithaca. SECTION 3 PROHIBITIONS —No Contractor may perform any Construction or Excavation in, upon, or under any Highway right-of-way, nor construct or build any Appurtenant Structure, without a Permit. SECTION 4 PERMIT REQUIRED—Contractors must obtain all appropriate and/or required Permits from the United States, the State of New York, and the County of Tompkins, or from their applicable subdivisions, prior to applying for a Permit from the Town of Ithaca. All Contractors are required to obtain a Permit from the Town of.Ithaca prior to performing any Construction or Excavation in, upon, or under any Highway, or before constructing or building any Appurtenant Structure. Each Permit issued by the Town of Ithaca will be valid for a stated period of time. If the Permit expires, a renewal Permit may be issued by the Town of Ithaca for an additional fee of$50.00, and upon such additional terms, security, or restrictions as determined by the Town Highway Superintendent, as determined in his or her sole discretion (without recourse). SECTION 5 PERMIT PROCESS —Contractors must submit an application for a Town of Ithaca Permit upon a form provided and approved by the Town of Ithaca Highway Superintendent. The application must be completed in its entirety, and must include all drawings and specifications for any Excavation or Construction. The Contractor must submit, at the time the application is submitted, an application Fee of Page 3 of 6 $250.00, or the Application will be rejected as incomplete. If the Contractor proposes to do work or perform any Excavation or Construction upon or under land, or other rights in or to land, that are owned by any person or entity other than the Town of Ithaca, the application must contain the written consent of each such person or entity, which consent must state that the owner has reviewed the proposed Excavation or Construction, including any related specifications and drawings, and consents to such work. SECTION 6 REVIEW OF APPLICATION—The Town Highway Superintendent will review each completed and submitted application within 30 days. Any application may be rejected if(a) the details, specifications, or drawings are incomplete or lack specificity, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or (b) if the proposed project, work, Excavation, or Construction is or will be harmful or injurious to any Highway, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or(c) if the proposed project, work, Excavation, or Construction is not in the public interest, as determined in the sole discretion (without recourse) of the Town Highway Superintendent, or(d) if the proposed Contractor is deemed unqualified or unreliable, as determined in the sole discretion (without recourse) of the Town Highway Superintendent. SECTION 7 SECURITY AND INSURANCE—The Town Highway Superintendent shall, for each application, determine and set an amount of Security and Insurance that must be posted or provided by the Contractor prior to the issuance of any Permit. The Security shall be in such form as determined in the sole discretion (without recourse) of the Town Highway Superintendent. Once Security is posted, the amount so posted shall be available to the Town of Ithaca, and for its use, at its discretion, without recourse, to cure any Default. The Insurance shall be procured, paid for and provided by the Contractor, who shall maintain general all-risk liability, completed operations, and workers' compensation insurance coverage's, each in the minimum amount of $1,000,000.00, and each such coverage or policy shall (a) name the Town of Ithaca as an additional primary insured, and (b) waive any subrogation rights as against the Town of Ithaca. SECTION 8 PERFORMANCE—The Contractor may only perform the work, Construction or Excavation authorized by the Permit. In performing such work, Construction or Excavation, the Contractor shall (a) preserve the roadway, the Highway, and each Appurtenant Structure from needless destruction or alteration; (b) cause the work, Excavation, Construction,backfilling, tamping, repair, and restoration to be one continuous operation that shall be completed by the earliest completion date stated in any Permit; (c) restore and repair any affected Highway and Appurtenant Structure to then current Town (or other governmental) requirements; (d) maintain at all times safe crossings,barricades, warning signs, lighting, and any and all other safety devices, structures, or procedures as may be required by law, i.e. following all current OSHA standards and DEC regulations, or any other governing regulations; (e) maintain at all times the Security and insurance coverage(s) required by any Permit; (f)perform the work, Construction and/or Excavation in such a manner, and at such times, as to not interfere with or obstruct the flow of traffic; (g) perform all backfilling and tamping with Page 4 of 6 n materials specified by the Town of Ithaca, which materials shall be free from clay, loam or silt, and which materials shall be moistened and mechanically tamped until thoroughly compacted. SECTION 9 RESTORATION—After performance and/or completion of any work, Construction or Excavation, the Highway and each Appurtenant Structure shall be repaired and restored/in a permanent manner satisfactory to the Town Highway Superintendent. To the extent possible, any repair or restoration must match the original Highway or Appurtenant Structure in type, color, structure, materials, grade, and texture, in compliance with then current applicable specifications therefore. SECTION 10 LIABILITY AND INDEMNITY—The Contractor assumes sole responsibility for the worksite, and related or adjacent areas and lands, and agrees to assume all responsibility for any injury or damage that may or does occur as a result of any Excavation or Construction. The Contractor, to the fullest extent permitted by law, shall indemnify and hold the Town of Ithaca harmless from and against any, each, and all losses, actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds,bills, specialties, covenants, contracts,controversies, agreements, promises, variances, trespasses, damages,judgments, extents, executions, claims, and demands whatsoever,in law, admiralty or equity, including, but not limited to, any and all experts', consultants', attorneys' and engineering fees and expenses. SECTION 11 UTILITIES —It is the sole responsibility of the Contractor to provide prior notice to each and all utility companies, public service companies, and municipalities of the proposed work, Excavation, or Construction, and to have such company or municipality mark or otherwise identify the location or course of any underground or other utilities. No work, Excavation, or Construction shall commence until all utilities and underground appurtenances are marked and the rules and regulations of the Public Service Commission have been fully complied with. SECTION 12 INSPECTIONS —The Town of Ithaca may furnish and charge for an inspection for each day that the Construction or Excavation is in process; and until the same is completed as required by any Permit and this Local Law. The inspection is made for the sole purpose of trying to verify that the materials and processes used will result in a finished job that is consistent with Town of Ithaca specifications. No inspection is made for the purposes of reviewing,recommending, or verifying safety practices. The Fee for each such inspection shall be $50.00. SECTION 13 SPECIAL CONDITIONS - The Town Highway Superintendent may require that special conditions be met as (s)he deems necessary, in his or her sole discretion (without recourse), in conjunction with the work,Excavation and/or Construction to be performed on, in, or under any Highway or Appurtenant Structure. Special conditions shall be identified or referenced in any Permit issued, or in any revised Permit issued by the Town of Ithaca; which such revised Permit may be issued by the Town of Ithaca sua sponte. Page 5 of 6 SECTION 14 DEFAULTS —Any Default shall have conclusively occurred whenever (a) this Local Law is violated; or (b) any other law, rule or regulation of any government or governmental body is violated, or(c) the Town of Ithaca or the Ithaca Highway Superintendent issues any notice entitled "Notice of Default". No opportunity to cure any default is provided or implied. Upon the occurrence of any Default, the Contractor shall be deemed to have irrevocably forfeited any interest or claim in or to any Security, and the Town of Ithaca shall be deemed the owner thereof, and may use such Security for any purpose related to the Contractor's Permit, including, but not limited to, the repair of any damage, the completion of the project, or the hiring of any third party to complete the project. No default, nor the completion of the project by any third party or the Town of Ithaca, shall relieve the Contractor of any obligation or expense imposed under this Local Law, or as may otherwise be imposed by any other law or regulation. SECTION 15 OFFENSES; PENALTIES - Any Contractor or other person or entity that violates any of the provisions of this Local Law shall be guilty of an offense punishable by a fine or imprisonment, or both; however, for the purposes of conferring _ jurisdiction upon courts and judicial officers, such violation shall be deemed a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. In lieu of the foregoing and at the election of the Town of Ithaca, any violation of this Local Law shall subject any Contractor, person or other party to a civil penalty of not less than $100.00 and not more than $500.00 for any first violation, and to a civil penalty of not less than $250.00 and not more than $1,000.00 for any subsequent violations, with such penalties to be recovered in a civil action in the name of the Town of Ithaca. The application of any sentence or penalty shall not preclude the enforced removal or prevention of any prohibited conditions or violations of this Local Law. SECTION 16 EFFECTIVE DATE—This Local Law shall be and become effective immediately. The undersigned, Karen Billings, the Town Clerk of the Town of Ithaca, a municipal corporation of the County of Tompkins, State of New York; hereby certifies that the foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Town Board of said Town of Ithaca at a Regular Meting duly called on proper notice and held on the day of , 2009. In witness whereof I have hereunto set my hand and the seal of the Town of Ithaca this day of , 2009. Karen Billings, Town Clerk Page 6 of 6 • Dan Walker From: Dan Walker Sent: Thursday, October 08, 2009 10:04 AM 'To: 'Randy Smith' Cc: mahoneykmm@aol.com;jnyrop@twcny.rr.com; sdsmith@ithaca.edu;jannyrop@mac.com; geocawad@yahoo.com; mwhelan@ithaca.edu; pete.norgeot@aes.com; cjc53@cornell.edu; • cherylcroker@gmail.com; marlonb@cityofithaca.org; sde26@cornell.edu; memrrigirl@yahoo.com; brian.welch@lechase.com; vg77@cornell.edu; gaurv@yahoo.com; rkessy@twcny.rr.com; koppidi@yahoo.com; abd1 @cornell.edu; michelle- whelan@lawschool.cornell.edu; sminniear@borgwarner.com; mpr2@cornell.edu; mmmmabe50@gmail.com; mmmmabe60@gmail.com; sharon@statuskuo.org; ben @statuskuo.org; tbyrd@ithaca.edu;johnluginsland@sprintmail.com; ajc22@cornell.edu; jstevenscolvin@yahoo.com; tennant@cnf.cornell.edu;judy.tennant@gmail.com; Ivaughn@ithaca.edu; elissa.ferenbach@thefoodgroup.com; michael.giebelhausen@gmail.com; Gene Redman; Herb Engman Subject: RE:Water pressure problems in Southwoods Randy There is a reported water main break on Coddington Road this morning that is causing the pressure problems today. We are working' to fix the problem as soon as possible. I have not forgotten the water pressure problems in the Southwoods area and the issues are being considered in the Town's long range water supply evaluation and plan that I am working on. Dan - • Daniel R Walker, PE TOWN OF ITHACA 215 N. -Tioga Street Ithaca, NY 14850 p: 607-273-1747 ext 128 f: 607-273-1704 w: www.town.ithaca.ny.us Original Message From: Randy Smith [mailto:rsmith@incodema.com] Sent: Thursday, October 08, 2009 8:48 AM To: Dan Walker Cc: mahoneykmm@aol.com; jnyrop@twcny.rr.com; sdsmith@ithaca.edu; jannyrop@mac.com; geocawad@yahoo.com; mwhelan@ithaca.edu; pete.norgeot@aes.com; cjc53@cornell.edu; cherylcroker@gmail.com; marlonb@cityofithaca.org; sde26@cornell.edu; memrrigirl@yahoo.com; brian.welch@lechase.com; vg77@cornell.edu; gaurv@yahoo.com; rkessy@twcny.rr.com; koppidi@yahoo.com; abdl@cornell.edu; michelle-whelan@lawschool.cornell.edu; sminniear@borgwarner.com; mpr2@cornell.edu; mmmmabe50@gmail.com; mmmmabe60@gmail.com; sharon@statuskuo.org; ben@statuskuo.org; tbyrd@ithaca.edu; johnluginsland@sprintmail.com; ajc22@cornell.edu; jstevenscolvin@yahoo.com; tennant@cnf.cornell.edu; judy.tennant@gmail.com; lvaughn@ithaca.edu; elissa.ferenbach@thefoodgroup.com; michael.giebelhausen@gmail.com Subject: Water pressure problems in Southwoods Hi Dan, Once again, we are experiencing water pressure problems in the Southwoods neighborhood. I have copied all of the existing home owners with your input from January of this year. You did a great job of explaining the water supply issues. This morning we are experiencing no pressure and I am told that someone is on their way out to look into it. Dan, out of 44 available lots, half are now occupied (21 occupied, 3 empty for sale and 3 more under construction) . The concern is that this will continue to deteriorate as more load is added to the line. 1 The fire department is maintaining their position that there is insufficient water pressure to fight a fire. Something needs to be done. Please let us know. Randy Randy, Sorry for the slow response. We did flow tests in Southwoods last July: The results showed that the static (normal) pressure in the main at the top of Eldridge Circle is 38 to 40 psi which meets the minimum standards for the Town water system. This pressure is at the ground level at the water main and the pressure would be lower in houses that are above the road significantly and on second floor levels. The flow tests were done at a controlled rate to maintain a minimum 20 psi at the high point in the system (top of Eldridge Circle) which limited the flow at the tested hydrants to about 300 gpm, which is quite low. we prefer to see at least 1000 gpm. The standard Fire Protection bonnet color is red for hydrants that are rated at less than 600 gal per min. The Ithaca Fire Department is being very conservative by painting the Bonnets Black because there is water available from the hydrants at the very limited flow of 300 gpm. If there is a high flow demand such as a fire in the area or a water main break the pressure will drop due the hydraulic characteristics of the system. and in certain conditions the prfessure in the main could drop below the 20 psi minimum which could result in a pressure in the main that was too low to provide flow into some of the houses at the higher elevations. The problem is not due as much to the elevation of the Troy Road Water Tank as it is to the length and diameter of the water main that serves the area. Currentlu the watermain that serves southwoods runs from the tank to Troy road at the pump station then north on Troy Road to Coddington Rd and then up King Road to the Southwoods subdivision. The long run of the watermain results in a a large amount of friction loss for high flows which reduces' the available pressure and flow volume. There are several things being considered to improve the situation. One would be to loop the watermain from the Troy Road pumpstation area south east to connect to the main on King Road at Southwoods. , providing a second supply pipe with a shorter length. This was being considered as a requirement for the subdivision of the large plot of land on the East side of Troy Road, which has not advanced at this time. Another option for improving flow to the area would be to connect to the Higher Ridgecrest water tank grid at the intersection of King and Troy Road. That would require a pressure regulating valve to prevent the pressure at Southwoods from being too high. There are significant costs related to both of these alternatives and the Town Public Works Committee will be evaluating these options. If you have any additional questions please contact me Dan Walker Daniel R. Walker, P.E. Director of Engineering Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Office (607) 273-1747ext128 Fax (607)273-1704 Email: DWalker@town.ithaca.ny.us • • Name of Project: Co O G1 I h ion Ad Date: 10/1,-6/6 Guidelines for Sewer Extensions for Existing Residences $ YES NO - SCORE COMMENTS 1 Are rights of way or easements readily available? X If Yes,score is 0. If No,the project is put-on hold. 2 Will the downstream sewer infrastructure be able to accommodate the future - increased sewage load? X If Yes,score is 0. If No,the project.is put on hold. 3 What is the.estimated total cost ofthe project?- - 0 $670,000 Less than$10,000,score 3. $10,001 to$12,000,score 2. 4 What will be the net per unit cost bome by Town residents? - Ex: 0 $12,001 to$14,000,scare 1..$14,001 to$16,000,.score 0. • $160,000/4 units=$40,000 $16,001 to$18,000,-1.$18,001 to$20,000,score•2.More than$20,000,score-3 •6 What financial contribution Is being made by the affected property owners to the 0 None project? - • Given its location and capacity,will the extension foster development in an area - - - - 6 designated as appropriate for future development by the Comprehensive plan and X ' If answer yes,score is 1. If no,score is 0 existing zoning? Given its location and capacity,will the extension foster development in an area ' 7 designated as inappropriate for future development by the Comprehensive plan and X If answer Is yes,score Is-3. If no,score is 0 existing zoning? , . 8 :Will the extension replace a failed.or failing septic system? ' X 3 If answer is yes,score is 3: If no,scare is 0 It the answer to the previous question is Yes,is it physically possible for the owner(s) 9 X -3 . If answer is yes,score is-3. If no,score is 0. to repair or replace the failed or failing septic system? , 10 What is the total anticipated rise In the property values of the affecte(dpropertiQa? 0 ]� Enter a score between 0 and-3,depending on the answers to 1 �c 1,9,and 10 11 If the extension replaces a septic system,will there be significantimprovements in the water quality as a result of the extension? - X 1 If Yes,score is between+3 and-3 12 Are there any other positive and/or negative consequences for Town residents caused by the extension;including any effects on environmentally sensitive areas? X 1 If Yes,score is between 3 and-3 13.Are there significant out-of-the-ordinary additional maintenance costs as a result of the extension? X '.0 If Yes,score is between 0 and-3 - ' Total Score ' ' 2 TOMPKINS COUNTY HEALTH /ot'do 5 DEPARTMENT Your Partner for a Healthy Community Environmental Health Division 401 Harris B. Dates Drive, Ithaca, NY 14850 (607) 274-6688; Fax(607) 274-6695 September 8, 2009 Herb Engman, Town Supervisor Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Re: Petition for Public Sewer, Coddington Road Dear Mr. Engman: This Department has recently received a copy of a petition from residents on Coddington and E. King Road asking for extension of municipal sewer to their residences. The Health Department promotes municipal sewage treatment and endorses sewer main extensions to serve a larger population, reducing the number of individual onsite sewage systems. When onsite systems fail they can have an impact on the groundwater quality in the area before being detected and corrected. In the case of Coddington Road sewage system failure may have a negative impact on the Six Mile Creek Watershed and the water supply located there. The life of individual sewage systems cannot be predicted: they do have a lifespan and can at some time be expected to fail. Until a new system is retrofitted, untreated sewage can be released into the watershed. Protection of that water supply would be well served by an extension of public sewer service. The current economic climate may preclude consideration of public sewer extensions, but should such opportunity arise in the future, we would endorse an extension into this area. Thank You, 4("" Rick Ewald Senior Public Health Sanitarian Enc. PC: William Farrell 581 E. Miller Road Ithaca, NY 14850 C.E. Cameron, P.E., Dir. Environmental Health,TCHD Inclusion through Diversity C:\Documents and Settings\REWALD\My Documents\ithaca sewer petition.doc RECEIVED SEP 0 2 09 TOMPRINS COUNTY y Uli LLC SEWERHEALTH DEPARTMENT We, the undersigned, are willing to express our interest (or lack thereof) in receiving public sewer service to our property in the Town of Ithaca. We understand that this does not bind the Town in providing this service, regardless of cost, since neither a project definition nor a capital budget has been established. Write Parcel 4 Name & Signature Address • Yes or No Date P KE IARLES E & PATRICIA 643 CODDINGTON 48.-1-2 NIBLOCK, ROBERT & JUNE 647 CODDING.TON --' ,a as r 7//3/6 ? 48.-1-3 MARTIN, ERNA 653 CODDINGTON a 3 0 e 48.-1-4 CITY OF ITHACA 651 CODDINGTON 48.-1-5.1 BMV, INC. 665 CODDINGTON 2(2 - 7 -7-71a9 S) z/6 9/g 48.-1-5.2 FARRELL, WILLIAM F. 667 CODDINGTON 48_-1-5.2g r-aac� ' "�+' g 669 CODDINGTON 48.-1-5.3 BASCELLI, ANTHONY L 683 CODDINGTON QJ 48.-1-6.1 C CA�AR/�R/, MICHP • & LORI K 677 CODDINGTON 48.-1-6.2 , MI HAEL F & LORI K 675 CODDINGTON X/1/1" le/t1 48.-1-7 TROY, F JOHN & CAROL 679 CODDINGTON 0/0( Cam; I z�� y/og-, f PU .;Lie IS]EWEE' We, the undersigned, are willing to express our interest (or lack thereof) in receiving public sewer service to our property in the Town of Ithaca. We understand that this does not bind the Town in providing this service, regardless of cost, since neither a project definition nor a capital budget has been established Write Parcel n Name & Signature -Address Yes or No Date 48.-1-8 HAMIILTON, MADELYN ��tt 681 CODDINGTON 4i/�iL�n1Pl � - - csl� - 39 cQ 48.-1-9.1 LANGENDOERFER, EUNICE 685-687 CODDINGTON 48.-1-9.2 CITY OF ITHACA CODDINGTON 48 =1-10 MCMIL , DALE BRYNER 689 CODDINGTON V(1°62/-/_..-"-- eitiOr 48.-1-1 .1 MUDRAK, FRANK & UISSEq 693 CODDINGTON `J e^r[/ 48.-1-12.1 CODD, LAWRENCE & VALERIE 699 CODDINGTON cJ „. LII ?'Es 4-- I - 6 8 49.-1-11 -- RAK, JOHNr '�& STEE HANIE 644 CODDINGTON (/ of (� 49.-1-12. ORAK, JOHN M & STEPHANIE 646 CODDINGTON J . Z/ Or 49.-1-1 KREBS, GEORGE E & ESTHER 654 CODDINGTON J Sci yes f/l-01 49.-1-14 SHIPOS, EDWARD &,JUKE 658 CODDINGTON e ke_=..),,— ye s z/.2 4v/ca 49.-1-15 ✓l U& ROBERT AA �� 662 CODDINGTON �/C5 q /vz /492 9,— ' — 17, 1;v;(Ifup, CoJ4-ew 67' c-04 n56 Rd s rfA os- r. . ' 3 N UBLIC SEWER . We, the undersigned, are willing to express our interest (or lack thereof) in receiving public sewer service to our property in the Town of Ithaca. We understand that this does not bind the Town in providing this service, regardless of cost, since neither a project definition nor a capital budget has been established. Write arcel If Name & Signature �� Address Yes or No Date .lc, Awn 'A andJaynt Asseg,Vj 49.-1-16 a • 668 CODDINGTON % aw .- YES 2-2.y-oC 49.-1-17.1 MURRAY, BILL & JEANNETTE 678 CODDINGTON nHirit • rox/ ‘ r • - - i 4-CVINiffIC It A+vwC Z 6"Va-- ES 49.-1-17.2 ' , -5 4-74 CODDINGTON • 49.-1-18.1 MAYLIN, GE RGE A & KATHLEEN 676 CODDINGTON 44 49.-1 6SP`EE � \GLAS & DY 680 CODDINGTON ^ rz /� ) ;::I:) 1� �J/ D 49.-1-20 HiWTH, THOMAS 682 CODDINGTON 49.-1-21.2 SMITH, ELIZABETH 692 CODDINGTON C 49.-1-2.1.12 HOWARTH, HUGH & ELSIE 688 CODDINGTON �� L 9 49.-1-22 /S]IMMMONS, ALLICE V 694 CODDINGTON di) @ Vvi KiGxi OQis .R - o2`J -2i0d9( 49.-1-23 HEINE, KATHERINE A 696 CODDINGTON U l k � Q` - 4/Ia ///c8- 49.-1-24 ^' 54N 698 CODDINGTON ���J /67 �J -bz-2©zl}, �.9r.52Esve€ •�- Coc.c1�-E-� 1/ / r/ U 5-,w,k.� v-etrCW 1- c A El;L4I,eTI. S J qe l-l7,0 . n© c c..tut:5 , . 4 PUBLIC SEWER We, the undersigned, are willing to express our interest (or lack thereof) in receiving public sewer service to our property in the Town of Ithaca. We understand that this does not bind the Town in providing this service, regardless of cost, since neither a project definition nor a capital budget has been established. Write ?a_cei T Name & Signature Address Yes or No Date. . -.-1.-7.1 LE4IK WIC7„ J HN & ALICIA 702 CODDINGTON 1070 46--1-4 . CAPALONGO, PETER & SANDRA 357 E KING RD ✓c �� s. • i 6.-1-5 4rILKINCON, bELATD 359 E KING RD 4—It-4- /t & 5e4.7 (,_a C z7- K. . og 6.-1-6 WILKINSON, LELAND & JANET 361 E KING RD '''- tiai- it K �'j,�� '/'1 cyan? -S' o s/-fLO)s, IG (/ 46.-1-8.1 .C' - - _ 363 E KING RE ' y/ yak 46.-i 2 CAPALONGO, PETER 365 E KING RD fr.17, atA -9, C L 6/.23/0V 49.-1-21.3 MENDELSON, STEVEN 370 E KING RL ,' 4 1-21.4 - OWARTH, THOMAS i60 E KING RD 1., ,i<as ea eg- . t - lic. ior 49.-1-21.6 MATHEWS, RICHARD & SHARON 380 E KING RD :0 PFAFF, THOMAS & JANICE 642 CODDINGTON -VtlzyiKe- 4:.-1-10 BR-YNER, DALE ' i I?ieri 689 CODDINGTON 1 ' . r\--, OFIT499 TOWN OF ITHACA� e2i 4� 215 N. Tioga Street, Ithaca, N.Y. 14850 �� �� www.town.ithaca.ny.us TOWN CLERK 273-1721 PUBLIC WORKS(Roads, Parks,Trails, Water&Sewer. Engineering)273-1656 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 ENGINEERING MEMORANDUM FROM: Creig Hebdon c(l p TO: Gene Redman DATE: 9/30/09 RE: PON 1050 Solar Electric Incentive Program This morning I meet with Dominic Frongillo and Shawn Lindabury of Cornell Cooperative Extension concerning Solar Panels for the Public Works Building. A incentive program through NYSERDA is being offered to municipalities placing solar panels. Applications are being accepted until December 31 2009, with funds going out as a first come first served basis. The Town of Ithaca would be eligible for collectors totaling 40-45 KW of output. The Town would up front the money for installation and be reimbursed for the incentive amount. Based on numbers from a similar project that the Town of Caroline is doing, the Town of Ithaca would need to up-front approximately $320,000 with $218,500 being reimbursed for a town cost of $101 ,500. To participate in this program the Town would need to hire a structural engineer to check the existing roof to see if it could hold the extra 2-3 lbs per Sq Ft that the solar panels would be placing on it. Then bids would be put out for NYSERDA eligible installer to place the solar panels. The installers are responsible for preparing and submitting all necessary paperwork to NYSERSA for the reimbursements. Please let me know if the Town wants to pursue this incentive program.