HomeMy WebLinkAboutTB Packet 2020-08-24MEETING OF THE ITHACA TOWN BOARD
Monday, August 24, 2020 at 4:30 p.m.
httys://www.zoom.us/ or call 929-436-2866
Meeting ID 9911230 1523
AGENDA
1. Public hearing regarding the proposed acquisition of real property via a permanent
easement for park land associated with the Coddington Road Community Center
a. Approval
2. Consider setting a public hearing regarding a proposed local law entitled
"Comprehensively revising Town of Ithaca Code Chapter 125, "Building Construction
and Fire Prevention," adding Dangerous or Unsafe Buildings, Structures and Equipment
Provisions to Chapter 125, and Deleting Chapter 129, "Buildings, Unsafe"
3. Discuss request for a waiver/reduction in fee for a Temporary Certificate of Occupancy
at 104 Grove Place
4. Discuss and consider authorization for the Town supervisor to sign a contract for Final
Design and Bid Phase Services for the Forest Home Walkway Improvement Project
5. Discuss Watershed project suggestions for possible grant opportunities
6. Committee Reports
a. Budget
b. Planning
c. Public Works
d. COC
e. Personnel and Organization
Ad Hoc/Sub Committees
a. Green New Deal Committee
b. Economic Development Committee
c. Bicentennial Committee
d. Short Term Rentals Committee
e. Agriculture Committee
7. Report of Town Officials
8. Consent Agenda
a. Approval of Town Board Minutes
b. Town of Ithaca Abstract
9. Adjournment
Item 01
MEETING OF THE ITHACA TOWN BOARD
August 24, 2020
TB Resolution 2020 —: Authorization for the acceptance of an easement from Coddington
Road Community Center for Parkland Purposes
Whereas, an easement situated on lands owned by the Coddington Road Community Center, Inc.
(CRCC) was acquired by the Town in 1986 and expanded in 2008, and served as, and was
designated for, park and recreation purposes, and
Whereas, after negotiations with the Town in 2018 over their desire to expand the childcare
facility into the easement lands, CRCC agreed to offer the Town a replacement easement of
similar size on another portion of their property, and
Whereas, in the summer of 2019 the Town obtained permission from the New York State
Legislature and Governor (Assembly A8235 & Senate S644 1) to alienate the existing parkland
easement and replace it with an easement located on another portion of the property; and
Whereas the Town Board of the Town of Ithaca adopted TB Resolution 2020-107b extinguishing
and releasing said current easement, subject to a Permissive Referendum period which expires on
September 18, 2020; now therefore be it
Resolved, that, contingent upon the expiration of the permissive referendum period and receipt of
an affidavit of no petitions received and the satisfaction of all requirements in the adopted alienation
legislation, the Ithaca Town Board hereby approves the acceptance of the replacement easement
for park and recreation purposes and authorizes the Town Supervisor to execute the documents
deemed necessary by, and approved by, the Attorney for the Town.
Moved: Seconded:
ACCESS EASEMENT BENEFITING THE
TOWN OF ITHACA
This Easement benefiting the Town of Ithaca is made this day of ,
2020, by and between the Coddington Road Community Center, Inc., of 918-920
Coddington Road, Ithaca, NY, a private not-for-profit New York State corporation
(herein "Coddington"), and the Town of Ithaca, a municipal corporation of the State of
New York having an address at 215 North Tioga Street, Ithaca, NY 14850 (the
"Town").
WITNESSETH:
WHEREAS, Coddington owns land at 918-920 Coddington Road, Town of Ithaca Tax
Map Number 47.-1-11.3 by virtue of deed(s) recorded at Liber 414 of Deeds at Page 399
and Liber 500 of Deeds at Page 59 in the Tompkins County Clerk's Office, said property
being in the Town of Ithaca, Tompkins County, New York Town of Ithaca, Tompkins
County, New York (herein, the "Property"); and
WHEREAS, Coddington had previously given to the Town in 1996 an easement for
public access and use recorded in said Clerk's Office at Liber 769, Page 240, et seq., which
easement provided for public use of a playing field upon the Property (the "Original
Easement"); and
WHEREAS, the Town made further improvements to the Property, including, but not
limited to, the construction of a pavilion, and the Town and Coddington then rescinded
the Original Easement in favor of a new easement in 2008 that was recorded in said Clerk's
Office Instrument #530106-001, et seq., which easement provided for public use of the
playing field and pavilion upon the Property (the "Replacement Easement")
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, and upon the exchange and receipt of mutual consideration, the sufficiency of
which is acknowledged by the Town and Coddington, the Town and Coddington agree as
follows:
1. TERMINATION OF REPLACEMENT EASEMENT. The parties hereby
terminate the Replacement Easement and as of this date the Replacement Easement is
null and void.
2. ACCESS EASEMENT. Coddington hereby grants and conveys to the Town, for
the benefit of the Town, its residents, guests and invitees, a perpetual, non-exclusive
easement and right of way for use, ingress, egress and passage upon, over and across that
portion of the Property described and shown in more detail in Schedule A, attached hereto
and made a part hereof. The following terms and agreements apply to expand and limit
such easement and the duties of the parties to each other as hereinafter provided:
CRCC Parkland Easement 2020 Pg. 1
A. The Town may install signs to demark the easement area and pavilion, together
with other improvements, as reasonably requested by Coddington.
B. The Property may be used by any residents of the Town at any time in
accordance with applicable laws and rules relating to the use of Town Parks
generally or the Property specifically, as may now exist or as may be hereafter
amended or promulgated.
C. The Town shall indemnify, defend and hold Coddington harmless from any
claim, demand, action, suit, liability, or judgment that may result or arise from the
use of the Property by the general public or the Town that arises from the
negligence of the Town in constructing or maintaining the Property.
D. The Town shall annually provide Coddington with evidence that it maintains
insurance coverage(s): (i) in the minimum amount of $500,000.00 per incident for
property loss and damage upon a general all-risk type property damage and loss
policy; and (ii) $1,000,000.00 per person per incident for personal injury and death
claims.
E. Coddington shall indemnify, defend and hold the Town harmless from any
claim, demand, action, suit, liability, or judgment that may result or arise from the
negligence of Coddington in relation to the use or occupancy of the Property by
Coddington, its employees, members, agents, guests, or invitees.
F. Coddington shall annually provide the Town with evidence that it maintains
insurance coverage(s): (i) in the minimum amount of $500,000.00 per incident for
property loss and damage upon a general all-risk type property damage and loss
policy; and (ii) $1,000,000.00 per person per incident for personal injury and death
claims.
G. This easement is subject to: (i) any utility easements as may affect the Property;
and (ii) the rights of the public in and to any roadways or public highways affecting
the Property.
H. Coddington forever warrants that it has good and indefeasible fee title to the
Property and that the Town shall quietly enjoy the same.
i. The Town may terminate this easement upon 30 -day advance written notice,
which notice shall be in a recordable form and surrender all rights of the Town in
and to the Property.
3. SUCCESSORS AND ASSIGNS. This Agreement shall run with the land and
shall be binding on and inure to the benefit of the heirs, successors and assigns of the
CRCC Parkland Easement 2020 Pg. 2
parties hereto.
4. AMENDMENTS. The provisions of this Agreement may not be modified,
rescinded or amended except by written consent, duly executed and acknowledged by the
parties hereto or their successors and assigns.
5. INVALIDITY OF CERTAIN PROVISIONS. The invalidity of any portion of
this Agreement or any of the provisions hereof by judicial decision or otherwise shall not
affect the remaining provisions hereof which shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
above first written.
Town of Ithaca
Rod Howe, Supervisor Date
State of New York )
County of Tompkins ) ss:
On the _ of 2020, before me, the undersigned, personalty appeared Rod Howe, 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 he executed the same in his capacity, and that by his signature on the
instrument, the individual or the person upon behalf of which the individual acted, execute the instrument.
Notary Public
Coddington Road Community Center, Inc.
Heather Mount, Executive Director
State of New York )
County of Tompkins } ss:
Date
On the _ of 2020, before me, the undersigned, personally appeared Heather Mount, 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 upon behalf of which the individual acted, execute the instrument.
Notary Public
CRCC Parkland Easement 2020 Pg. 3
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Item 02
MEETING OF THE ITHACA TOWN BOARD
Monday, August 24, 2020
TB Resolution 2020 - : Setting a public hearing regarding a proposed local law entitled
"A Local Law Comprehensively revising Town of Ithaca Code Chapter 125, `Building
Construction and Fire Prevention," adding Dangerous or Unsafe Buildings. Structures and
Equipment Provisions to Chapter 125, and Deleting Chapter 129, `Buildings, Unsafe"
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing beginning at
5:30 p.m. at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 141h day of
September 2020 and via the ZOOM video and audio conferencing platform per Governor
Cuomo's Executive Order(s) and Extension(s) regarding health & safety guidance associated
with COVID-19 and in-person attendance at public meetings. The public hearing is for the
consideration of adopting:
1. A proposed local law "A Local Law Comprehensively revising Town of Ithaca Code
Chapter 125, "Building Construction and Fire Prevention," adding Dangerous or Unsafe
Buildings, Structures and Equipment Provisions to Chapter 125, and Deleting Chapter
129, "Buildings, Unsafe"
At such time all persons interested in the proposed local law will be heard concerning the same.
Comments can be emailed to the Town Clerk before the meeting or made via phone or
video/audio during the meeting using the ZOOM platform.
Moved: Seconded:
Vote:
Item 03
MEETING OF THE ITHACA TOWN BOARD
Monday, August 24, 2020
TB Resolution 2020 - : Setting a public hearing regarding a request for a waiver for a
Temporary Certificate of Occupancy —104 Grover PI
Whereas the Town Board received a request for a waiver of the fee associated with the issuance
of a Temporary Certificate of Occupancy from the owners of 104 Grove PI
Whereas the Town Board discussed the request and determined that a reduction of XXXX is
appropriate,
Whereas the Town of Ithaca Code Chapter 125-7(2) requires that a public hearing be held on the
request; now therefore be it
Resolved, that the Town Board of the Town of Ithaca will hold a public hearing regarding the
request for a waiver of the fee for a temporary certificate of occupancy beginning at 5:30 p.m. at
the Town Hall, 215 North Tioga Street, Ithaca, New York on the 10 day of September 2020
and via the ZOOM video and audio conferencing platform per Governor Cuomo's Executive
Order(s) and Extension(s) regarding health & safety guidance associated with COVID-19 and in-
person attendance at public meetings, and be it further
Resolved, that at such time and place all persons interested in the proposed local law will be
heard concerning the same. Comments can be emailed to the Town Clerk before or during the
public hearing or made via phone or video/audio during the public hearing using the ZOOM
platform.
Moved: Seconded:
Vote:
August 3, 2024
1140 Ellis Hollow Road
Ithaca, New York. 14850
Town Of Ithaca Planning Board
Ithaca Town Hall
215 N. Tioga Street
Ithaca, New York 14850
Dear Town of Ithaca Planning Board,
RECEIVED
AUG 0 3 2020
TOWN OF ITHACA
CODE ENFORCEMENT
Our new home construction at 104 Grove Place began in October 2019 with an anticipated April
2020 completion. Due to the Covid-19 virus and subsequent New York Pause, which shut down
construction, the house is not yet finished.
This delay has resulted in financial hardship. We have been making two mortgage payments,
two property tax payments and utility bills much longer than budgeted.
We missed listing our current home for sale during the prime spring market and are now moving
further into the worst time of the year to list a home even as the local real estate market is
threatened. We need to move into our new home and list our current home as soon as possible.
Our builder, Chris Hesse of EverGreen Construction, is requesting a temporary Certificate of
Occupancy as soon as services and safety measures are in place but before all construction
and landscaping are complete. This will allow us to accelerate the real estate process by at
least a month.
Because of the severe financial situation that has developed for us as a result of unusual
circumstances posed by the Covid-19 pandemic and New York State Pause, it is our request
that the $1100 fee for the temporary Certificate of Occupancy be waived.
Thank you for your attention and consideration of our request. This makes a difference for us.
Since ly, /f
Fran Zgola and Do a T i=gaskis
607-882-5830
copies:
copies: Marry Moseley, Chris Hesse
v3 -/ - /t '7 -
Item 04
MEETING OF THE ITHACA TOWN BOARD
Monday, August 24, 2020
TB Resolution 2020 - : Authorization for the Town Supervisor to sign a contract with
Barton & Loguidice for the Final Design and Bid Phase Services associated with the Forest
Home Walkway Improvements Project
Whereas the Town Board was presented with conceptual designs for the Forest Home Walkway
Improvement Project (Project) in September of 2019 and chose Option D, and
Whereas the Town wishes to advance to the Final Design and Bid Phase for the project, and
Whereas Barton & Loguidice has submitted a proposal for said services for a flat fee of $25,000,
and
Whereas the Town Engineer has reviewed the proposal and recommends it to the Board, now
therefore be it
Resolved that the Town Board hereby approves the proposal as submitted and authorizes the
Town Supervisor to execute the contract, subject to the approval of the Attorney for the Town.
Moved: Seconded:
Vote:
Barton
$1loguidice
July 22, 2020
Supervisor Rod Howe, and Town Board Members
Town of Ithaca
215 North Tioga Street
Ithaca, New York 14850
Re: Forest Home Walkway
Subj: Proposal for Final Design and Bid Phase Services
File: 710.1461
Dear Supervisor Howe:
With the completion of the conceptual design phase for the Forest Home Walkway project, the Town of
Ithaca seeks to advance the final design phase and prepare construction documents for bidding to local
contractors. We have prepared this proposal for design and engineering services to summarize the
scope of service needed to ready the project for construction.
After presenting the four conceptual designs for the project to the Town Board in September 2019, it is
our understanding the Town has opted for Concept 0 — Proposed Improvements on Existing Walkway
Alignment with Steps (See attached Walkway Plan and Profile). Below is a summary of core design
elements of Concept D:
• Introduce the use of a stabilized stone dust surface material along the walkway to provide for
enhanced stability and slip resistance surface. The width of the walkway will be a 5 -foot typical
section on existing alignment.
• Install REDI-Rack concrete steps (or equal) in approximate areas as shown on attached Concept
D to provide for improved safety and help aid in transitions where existing grades are generally
20% or greater.
• Install timber railing adjacent to new concrete steps.
• Drainage improvements including a swale near the bottom and along the west side of the
walkway, a new cross -culvert to convey runoff from the existing swale along the west side of the
upper half of the walkway, and cleaning and grubbing of the existing swale along the upper half
of the walkway.
• Removal of standing dead trees and fallen deadwood along the edges of walkway, as well as
protection of existing healthy walkway -side trees.
• A new walkway "trailhead area" at the top of the walkway adjacent to Warren Road, including
signage and safety pavement markings.
The experience to
listen
The power to
443 Electronics Parkwoy, Liverpool, NY 13088 a Office: 315-457-5200 • Fax: 315-451-0752 • &artonandLoguidfce.com solve
C
Supervisor Rod Howe B
Town of Ithaca ��
July 22, 2020
Page 2
• General updating and relocating of existing walkway signage.
SCOPE OF SERVICES
A. Design Development Phase (Assume September— October 2020)
1. Facilitate a project kick-off and design coordination meeting with the Town of Ithaca to
initiate the project, review project objectives and goals, establish the project schedule
and discuss initial conceptual design components to be incorporated into the overall
project.
2. Barton & Loguidice (B&L) will prepare 50% complete plans for the Forest Home
Walkway, based on the conceptual design Concept D attached and described above.
The plans developed at this time will include:
+ Title Sheet (1 Sheet)
• Forest Home Walkway — Site / Layout Plans (4 Sheets)
• Vertical Profile (1 sheet)
• Walkway and Concrete Step Details (1 sheets)
• Miscellaneous Details (site, pavement, utility and drainage, landscape details) (2
Sheets)
• Work Zone Traffic Control Notes & Details (1 Sheet)
3. B&L will develop a list of standard (NYSDOT) specifications and copies of special
specifications to be used on the project. We assume MasterSpec Format Specifications
will be used.
4. B&L will prepare a listing of Permits needed for the project construction.
5. B&L will prepare an Opinion of Probable Construction Cost for the project.
6. The Design Development plans, specifications, and estimate will be submitted to the
Town for Review
7. B&twill meet with the Town to review comments and input on the Design Development
deliverables.
B. Construction Documents Phase (Assume October -November 2020)
1. B&L will incorporate the input from the Town and any permitting agencies into the
project plans, and prepare the plans to 100% complete. The plan sheets listed in Task
A.2 above will be updated and the following plans added:
+ Index, Legend & Abbreviations (1 Sheets)
+ General Notes (1 Sheets)
P710.1461 Ithaca Forest Home Walkway_Final Design Proposal_07212020 (ID 20860801 docx
Supervisor Rod Howe
Town of Ithaca
July 22, 2020
Page 3
• Erosion & Sediment Control Plan Notes and Details (added to the Site Layout
Plans)
Estimated Total No. of Sheets: 12
2. B&L will assemble a Draft Bid Book for the Town (using Town of Ithaca front end), which
will include the bid advertisement, information for bidders, bid sheets, contract, and
special specifications.
3. B&L will assist the Town with applications for permits needed for the construction. Itis
anticipated that the following permits/approvals will be needed:
• County Highway Work Permit
4. B&L will update the Opinion of Probable Construction Cost to reflect the 100% complete
design.
5. The 100% Construction Documents will be submitted to the Town and other agencies as
required, for review.
6. B&L will facilitate a remote meeting with the Town via ZOOM or another remote
conferencing platform to review comments and input on the Final Design deliverables.
7. B&L will finalize the design plans, bid book and estimate to 100% complete, based upon
the input and comments received, and submit bid -ready deliverables to the Town. The
deliverables will include five (5) printed sets of plans and bid book.
C. Bid Phase (January 2021)
1. B&L will assist the Town with preparation of the final bid advertisement. It is assumed
that the Town will place the ad in the local newspaper, and in the NYS Contract
Reporter.
2. B&L will prepare for, attend at Town Request, and facilitate one (1) pre-bid meeting
with prospective bidders (See Fee Proposal for cost of meeting attendance upon
request).
3. B&L will issue addenda to the bid as required (assume one addendum).
3. If requested, B&L will attend the Bid Opening (See Fee Proposal for cost of meeting
attendance upon request).
4. B&L will prepare a canvass of all bids received, and evaluate the bids and bid bonds
received, to confirm that they are correct, and determine if any bid is imbalanced. B&L
will also check references of the apparent low bidder.
5. B&L will submit a recommendation of award letter to the Town.
P710.1461 Ithaca Forest Home Walkway_Final Design Proposal_07212020 (ID 2086090).doa
Supervisor Rod Howe B
Town of Ithaca ��
July 22, 2020
Page 4
D. Construction Phase (Serine 2020
1. There are no construction phase services proposed at this time. If the Town of Ithaca
should desire B&L's inspection/administration assistance we would be happy to provide
a proposal for supplemental services upon request.
FEE PROPOSAL
B&L proposes to complete the above described Scope of Services in accordance with the following;
For Design Development, Construction Documents, and Bid Phase Services (Items A -C), B&L
proposes a Lump Sum Fee of Twenty Five Thousand and Five Hundred Dollars ($25,500.00), to
be invoiced monthly based upon the percentage of work completed during the billing period.
Reimbursable costs are included in the stated fees. We will not bill beyond this amount without
a change in scope and prior approval by the Town of Ithaca.
Should the Town request B&L's attendance in person beyond items A.1 and A.7 above, we
would be happy to attend at a cost of $250.00 in addition to the proposed fee above, assuming
attendance would be by our Project Manager, Keith Ewald.
We very much appreciate this opportunity to be of continued service on this exciting and critical
enhancement project for the Town of Ithaca. If you have any questions regarding this proposal, please
call me or Keith Ewald at our office (315-457-5200) or email us at kewaldPbartonandloguidice.com.
Sincerely,
BARTON & LOGUIDICE, D.P.C.
Kenneth M. Knutsen, P.E.
Senior Vice President
KFE/CAW/jj b
Authorization
Keith F. Ewald, RLA, AICP
Managing Landscape Architect
Barton & Loguidice, D.P.C., is hereby authorized by the Town of Ithaca ("Owner") to proceed with the
services described herein in accordance with the attached Terms and Conditions.
Rod Howe, Supervisor
Town of Ithaca, NY
P710.1461 Ithaca Forest Home Walkway_Final Design Proposal_07212020 {ID 20860801 do"
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STANDARD TERMS AND CONDITIONS
for
PROFESSIONAL ENGINEERING SERVICES
provided by
BARTON & LOGUIDICE, D.P.C. ("ENGINEER")
The OWNER and the ENGINEER, for themselves, their successors and
assigns, have mutually agreed and do agree with each other as follows:
1.0 Basic Agreement
Engineer shall provide, or cause to be provided, the services set forth in the
proposal to which these terms and conditions are attached (PROPOSAL);
and Owner shall pay Engineer for such Services as set forth in PROPOSAL.
The PROPOSAL, in conjunction with these terms and conditions, is referred
to herein as "Agreement".
2.0 Payment Procedures
Engineer will prepare a monthly invoice in accordance with Engineer's
standard invoicing practices and submit the invoice to Owner. Invoices are
due and payable within 30 days of the date of the invoice. If Owner fails to
make any payment due Engineer for services and expenses within 30 days
after the date of Engineer's invoice, the amounts due Engineer will be
increased at the rate of 1.0% per month (or the maximum rate of interest
permitted by law, if less) from said thirtieth day. In addition, Engineer
may, without liability, after giving seven days written notice to Owner,
suspend services under this Agreement until Engineer has been paid in full
all amounts due for services, expenses, and other related charges.
3.0 Additional Services
If mutually agreed by Owner and Engineer, or if required because of
changes in the Project, Engineer shall furnish services in addition to those
set forth in the PROPOSAL if requested by the Owner. Owner shall pay
Engineer for such additional services as follows: (1) as mutually agreed by
Owner and Engineer, or (2) an amount equal to the cumulative hours
charged to the Project by each class of Engineer's employees times standard
hourly rates for each applicable billing class; plus reimbursable expenses and
Engineer's consultants' charges, if any.
4.0 Termination
If Engineer's services related to the project are terminated for any reason,
Engineer shall be compensated for time plus reasonable expenses associated
with demobilizing personnel and equipment, and, if requested in writing by
the OWNER, for completion of tasks whose value would otherwise be lost,
to prepare notes as to the status of completed and uncompleted tasks, and to
assemble Project materials in orderly files.
5.0 Controlling Law
This Agreement is to be governed by the law of the state in which the
Project is located.
6.0 Successors, Assigns, and Beneficiaries
Owner and Engineer each is hereby bound and the partners, successors,
executors, administrators, and legal representatives of Owner and Engineer
(and to the extent permitted herein the assigns of Owner and Engineer) are
hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators, and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements, and
obligations of this Agreement. Neither Owner nor Engineer may assign,
sublet, or transfer any rights under or interest (including, but without
limitation, moneys that are due or may become due) in this Agreement
without the written consent of the other, except to the extent that any
assignment, subletting, or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or
responsibility under this Agreement.
7.0 General Considerations
A. The standard of care for all professional engineering and related
services performed or furnished by Engineer under this Agreement will be
the care and skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time and in the same
locality. Engineer makes no warranties, express or implied, under this
Agreement or otherwise, in connection with Engineer's services. Engineer
and its consultants may use or rely upon the design services of others,
including, but not limited to, contractors, manufacturers, and suppliers.
B. Engineer shall not at any time supervise, direct, or have control over
any contractor's work, nor shall Engineer have authority over or
responsibility for the means, methods, techniques, sequences, or procedures
of construction selected or used by any contractor, for safety precautions and
programs incident to a contractor's work progress, nor for any failure of any
contractor to comply with laws and regulations applicable to contractor's
work.
C. Engineer neither guarantees the performance of any contractor nor
assumes responsibility for any contractor's failure to furnish and perform its
work in accordance with the contract between Owner and such contractor.
D. Engineer shall not be responsible for the acts or omissions of any
Contractor, Subcontractor, or Supplier, or of any of their agents or
employees or of any other persons (except Engineer's own agents,
employees, and Consultants) at the Site or otherwise furnishing or
performing any Work; or for any decision made regarding the Contract
Documents, or any application, interpretation, or clarification, of the
Contract Documents, other than those made by Engineer.
E. All design documents prepared or furnished by Engineer are
instruments of service, and Engineer retains an ownership and property
interest (including the copyright and the right of reuse) in such documents,
whether or not the Project is completed.
F. To the fullest extent permitted by law, Owner and Engineer (1) waive
against each other, and the other's employees, officers, directors, agents,
insurers, partners, and consultants, any and all claims for or entitlement to
special, incidental, indirect, or consequential damages arising out of,
resulting from, or in any way related to the Project, and (2) agree that
Engineer's total liability to Owner under this Agreement shall be limited to
$50,000 or the total amount of compensation received by Engineer pursuant
to the PROPOSAL, whichever is greater.
G. The parties acknowledge that Engineer's scope of services does not
include any services related to a Hazardous Environmental Condition (the
presence of asbestos, PCBs, petroleum, hazardous substances or waste, and
radioactive materials) except as may be specifically defined in the Scope of
Services. If Engineer or any other party encounters a Hazardous
Environmental Condition, Engineer may, at its option and without liability
for consequential or any other damages, suspend performance of services on
the portion of the Project affected thereby until Owner: (i) retains
appropriate specialist consultants or contractors to identify and, as
appropriate, abate, remediate, or remove the Hazardous Environmental
Condition; and (ii) warrants that the Site is in full compliance with
applicable Laws and Regulations.
H. The services to be provided by Barton & Loguidice under this
Agreement DO NOT INCLUDE advice or recommendations with respect to
the issuance, structure, timing, terms or any other aspect of municipal
securities, municipal derivatives, guaranteed investment contracts or
investment strategies. Any opinions, advice, information or
recommendations provided by Barton & Loguidice are understood by the
parties to this Agreement to be strictly engineering opinions, advice,
information or recommendations. Barton & Loguidice is not a "municipal
advisor" as defined by 15 U.S.C. 78o4 or the related rules of the Securities
and Exchange Commission. The other parties to this Agreement should
determine independently whether they require the services of a municipal
advisor.
8.0 Dispute Resolution
Owner and Engineer agree to negotiate all disputes between them in good
faith for a period of 30 days from the date of notice by either party of the
existence of the dispute. If the parties fail to resolve a dispute through
negotiation then Owner and Engineer agree that they shall first submit any
and all unsettled claims, counterclaims, disputes, and other matters in
question between them arising out of or relating to this Agreement or the
breach thereof ("Disputes") to mediation by a mutually acceptable mediator.
Owner and Engineer agree to participate in the mediation process in good
faith and to share the cost of the mediation equally. The process shall be
conducted on a confidential basis, and shall be completed within 120 days.
If such mediation is unsuccessful in resolving a Dispute, then (1) the parties
may mutually agree to a dispute resolution of their choice, or (2) either party
may seek to have the Dispute resolved by a court of competent jurisdiction.
9.0 Accrual of Claims
All causes of action between the parties to this Agreement including those
pertaining to acts, failures to act, failures to perform in accordance with the
obligations of the Agreement or failures to perform in accordance with the
standard of care shall be deemed to have accrued and the applicable statutes
of limitations shall commence to run not later than either the date of
Substantial Completion for acts, failures to act or failures to perform
occurring prior to Substantial Completion, or the date of issuance of the
Notice of Acceptability of Work for acts, failures to act or failures to
perform occurring after Substantial Completion.
10.0 Total Agreement
This Agreement constitutes the entire agreement between Owner and
Engineer and supersedes all prior written or oral understandings. In the
event of a conflict with contractual provisions in a Purchase Order
authorization related to this Agreement, the provisions of this Agreement
shall control. This Agreement may only be amended, supplemented,
modified, or canceled by a duly executed written instrument.
Item 05
Preliminary Information to Support Proposed Project Ideas for Addressing Water Quality and Habitat
Protection and Restoration in the Cayuga Lake Watershed
PROPOSED PROJECT:
Proposed Project Category: can address more than one issue
1. Stormwater management and erosion control
2. Forestry and silviculture management
3. Wetland and riparian corridor management
Does project relate to/advance any existing local, regional, watershed, or statewide plans? (i.e.
municipal comprehensive plan, watershed plan, regional sustainability plan, NYS comprehensive invasive
species management plan, etc.) Town of Ithaca Comprehensive Plan recommends actions to promote
sustainability and environmental protection. Tompkins County Comprehensive Plan seeks to promote
watershed protection and enhance water resources.
Proposed Project Location: 10.75 acre Parcel Tax Map # 35.4-10.11, located between Western
streambank of Cayuga Inlet and Eastern border of Eddydale Farm Stand property at 827 Route 13
(Elmira Road), Ithaca, NY 14850.
Landowner Town of Ithaca, c/o Town Supervisor, 215 North Tioga St., Ithaca, NY 14850, 607-273-1721
Issue to be addressed: Provide a description of the current site condition and issue(s) to be addressed
by the proposed project i.e. streambank erosion, municipal stormwater runoff, riparian buffer needs,
municipal ditching practices, etc. The Project would seek to prevent further erosion of the Cayuga Inlet
streambank by strengthening the riparian buffer which has been weakened in the past by agricultural
practices and flooding damage.
Proposed Project or Action Describe the proposed action and anticipated outcome Planting native tree
and shrub species
Is the proposed project or action based on standard practices typically employed for the issue at hand
YesJNo. if no, what is the basis for recommending this project or action (ongoing research, successful
pilot outside of watershed, etc.) YES
Current Project Readiness With funding, could this project be undertaken immediately; has any
preliminary site work been undertaken (studies completed, permits obtained, designs developed, etc.);
does this project exist as a concept only at this time? The Proiect exists only as a concept at this time.
Approximate Project Timeframe estimate if known One year
Approximate Cost estimate if known No cost estimate at this time
Potential Local Match Source Town of Ithaca open space funds; Tompkins County watershed funds
Contact(s) for Additional Information name, phone and e-mail of person recommending the project
AND if different, the name, phone and e-mail for a project contact.
Town Supervisor, 215 North Tioga St., Ithaca, NY 14850, 607-273-1721
Item 08
MEETING OF THE ITHACA TOWN BOARD
Monday, August 24, 2020
TB Resolution 2020 - : Adopt Consent Agenda
Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the
following Consent Agenda items:
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
Moved: Seconded:
Vote: .
TB Resolution 2020 -103a: Approval of Minutes
Resolved, that the Town Board hereby approves the draft minutes of July 27 and August 10,
2020 as submitted with any non -substantial corrections suggested and approved by the Board
made.
TB Resolution 2020 - : Town of Ithaca Abstract No. 16 for FY -2020
Whereas the following numbered vouchers have been presented to the Ithaca Town Board for
approval of payment; and
Whereas the said vouchers have been audited for payment by the said Town Board; now
therefore be it
Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in
total for the amounts indicated.
VOUCHER NOS. 901-957
General Fund Town Wide
44,741.59
General Fund Part -Town
885.54
Highway Fund Town Wide DA
3,438.00
Highway Fund Part Town DB
8,632.72
Water Fund
2,562.04
Sewer Fund
37,955.35
State Route 96b Sidewalk — H7
408,289.11
PWF Renovations Project — H22
520.00
Fire Protection Fund
280,000.00
Forest Home Lighting District
30.80
Glenside Lighting District
9.22
Renwick Heights Lighting District
15.35
Item 08
Eastwood Commons Lighting District
21.53
Clover Lane Lighting District
2.85
Winner's Circle Lighting District
4.33
Burleigh Drive Lighting District
10.03
West Haven Road Lighting District
39.83
Coddin ton Road Lighting District
23.19
TOTAL
787,181.48