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HomeMy WebLinkAbout02-23-15 Board of Public Works Meeting Agenda" r ' DATE: February 23, 2015 r BPW M TIME: 4:45 LOCATION: 3 Floor, J , z Board of Public Works City Hall, Council Chambers 108 E. Green St., Ithaca AGENDA ITEMS Time Topic Voting? Presenter(s) Allowed 1. Call to Order /Agenda Review No Mayor Myrick 5 min. 2. Mayor's Communications No Mayor Myrick 3. Communications and Hearings from Persons No Public 5 min. Before the Board 4. Response to the Public No Commissioners 5. Reports No Various 10 min. A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 6. New Project Presentation No 7. Administration & Communications A. Approval of Minutes Yes Mayor Myrick 5 min. 1) Amended January 26, 2015 Minutes 8. Buildings, Properties, Refuse & Transit A. Recommendation for Funding for Repairs to City Yes Asst. Supt. 5 min. Cemetery Stone Wall — Resolution Benjamin A resolution is provided that reflects the Board's discussion on February 9, 2015. B. Approval for Historic Ithaca's Grant Application to Yes City Forester Grace 5 min. Install Interpretive Signs in Ithaca City Cemetery — Resolution A resolution is provided that reflects the Board's discussion on February 9, 2015. 9. Highways, Streets & Sidewalks 10. Parking & Traffic 11. Creeks, Bridges & Parks A. Award of Contract for Ithaca Skate Park Yes Dir. of Eng. West 5 min. Expansion — Resolution Staff is ready to award the contract for this project, contingent upon additional funding being authorized by Council. 12. Water & Sewer A. Additional Engineering Budget Authorization Yes Asst. Supt. Whitney 10 min. for "Dam Safety Project" For The Potters Falls (60 -Ft.) Dam — Draft Resolution A draft resolution is provided for the Board's consideration. If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607- 274 -6570 at least 48 hours before the meetino. The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Time Topic Voting? Presenter(s) Allowed 13. Discussion Items A. Appeal of Snow Removal Bill for 402 Esty Street No Asst. Supt. 15 min. Benjamin The property owner is protesting the bill that was received for plowing the snow from the sidewalk on January 15, 2095. The most recent snow event prior to that date was January 13, 2015, which dropped 1.5 inches of snow. As the Board knows, sidewalks should be cleared within 24 hours of the beginning of a snow event. Ray Benjamin's recommendation is enclosed. 14. New Business 15. Adjournment Page 2 of 7 No Yes 8A. Recommendation for Funding for Repairs to City Cemetery Stone Wall — Resolution WHEREAS, the Ithaca City Cemetery was first established circa 1790 on land owned by New York Surveyor General Simeon DeWitt, includes over 7700 graves, evolved from an informal burial ground into a planned, landscaped municipal cemetery, and WHEREAS, the cemetery was named Silvan Hill in 1872, became the City Cemetery when Ithaca was incorporated in 1888, is a significant historic resource worthy of — and in need of — preservation, and WHEREAS, a recent vehicular collision with the perimeter wall near the University Avenue entrance along with the passage of time have resulted in a need for repairs to the wall at two locations, and WHEREAS, the City of Ithaca General Fund received $31,000 from the driver's automobile insurance company, and WHEREAS, The City Engineer's Office received two price quotes for the required specialized repairs, and WHEREAS, staff has reviewed and recommended the low quote submitted by Buzz Dolph of Ithaca Stone Setting of $35,250 for the primary work location and $3750 for the secondary work location; now, therefore be it RESOLVED, That the Board of Public Works hereby requests a funding allocation of $39,000 for the work, and be it further RESOLVED, That if funds are allocated, the Board of Public Works authorizes the Superintendent of Public Works to enter into a construction services contract for the Cemetery Wall Repair with Ithaca Stone Setting under the usual terms and conditions. The cost to City of Ithaca will not exceed $ 39,000. Page 3 of 7 81B. Approval for Historic Ithaca's Grant Application to Install Interpretive Signs in Ithaca City Cemetery — Resolution WHEREAS, the Ithaca City Cemetery has been a local burial ground for more than 200 years and is a cultural treasure containing monuments for numerous people of local and national historic significance, and WHEREAS, Historic Ithaca is seeking to apply for a grant from the Tompkins Charitable Gift Fund for the installation of interpretive signs in the Ithaca City Cemetery to provide information to both local residents and county visitors about the historic treasures the cemetery holds, and WHEREAS, these signs will be a benefit to the community by providing historical information and helpful maps to allow people to better understand and appreciate the Ithaca City Cemetery as an irreplaceable green space in the community and a valuable historic landscape for all and encourage an appropriate use of the space as a meditative and memorial place which in turn will deter improper use and vandalism, and WHEREAS, the grant proposal calls for installation of three interpretive signs in total with one at each of the entrances to the cemetery, and WHEREAS, this grant proposal was presented to the Parks Commission which shared its support for the project; now therefore be it RESOLVED, That the Board of Public Works is in support of this grant proposal in concept and fully supports Historic Ithaca's application for grant funding from the Tompkins Charitable Gift Fund for $5,000 for the creation and installation of interpretive signs in the Ithaca City Cemetery, and RESOLVED, That if awarded the grant, Historic Ithaca shall notify the City of the award and enter into a Memorandum of Understanding with the City to define the responsibilities and obligations of the parties with respect to the grant work, and the Board of Public Works hereby authorizes the Mayor, upon review by the City Attorney, to execute such Memorandum of Understanding with Historic Ithaca to permit installation of signs in the City Cemetery. Page 4 of 7 11A. Award of Contract for Ithaca Skate Park Expansion Project— Resolution WHEREAS, Common Council established capital project 732 for the purpose of modifying the skate park at Wood Street Park, and WHEREAS, the Ithaca community of skaters and bikers has fulfilled its commitment to provide resources to fund the modifications to the skate park at Wood Street Park by raising approximately $216,000, and WHEREAS, community stake holders, professional design consultants and City staff have successfully collaborated to develop an economical and contemporary expansion of the existing skate park, and WHEREAS, bids were received for the expansion of the skate park at Wood Street Park on January 20, 2015, and WHEREAS, Common Council has been asked for an additional $61,000 to cover the expenses for this project, and WHEREAS, staff has reviewed the three bids received and made a recommendation for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards, contingent upon an authorization of additional funding from Common Council, the contract for the Ithaca Skate Park Expansion project at Wood Street Park to Nelson & Streeter Construction Co. Inc., dba Airport Striping, P.O. Box 184, Pine City, NY for their low bid meeting specifications of $324,650.00. Page 5 of 7 Af a 2 2 q m E j +(§ ° 0 §f ;� �f e _ � Lu § LO ! C, ƒƒ 0 k k k k d t�k/ 0 a�!£ ° 2 ! ■ s � k I :■S § 7)J2 d co E _ |JJ� § !; a` ■ ƒƒ CD CD k © t A - - O{ B §)!) 1 OW #£E/ m 0' m 419. ) a� c !� " £ $ 22 � cn ! 2 5 ! � l k/ � >k q «- 44% � caLLa c cc § o� §— w ! IE rya ma I « 12A. Additional Enaineerina Budoet Authorization for "Dam Safety Project" For The Potters Falls (60 -Ft.) Dam — Draft Resolution WHEREAS, the first of the engineering contracts to replace our existing Water Treatment Plant was signed on September 24, 1996, and the second was signed on December 9, 2005 and the new Dam Safety Regulations (6NYS CRR Part 673) went into effect August 19, 2009 causing the existing Water Supply Projects to coincide in time with the newly mandated Dam Safety Projects, and WHEREAS, on February 18, 2009 the Board of Public Works (BPW) authorized the Water & Sewer Division of the Department of Public Works (DPW) to solicit proposals for preparing Engineering Assessments, updating Emergency Action Plans, and updating Operations and Maintenance manuals for both the 30 -Foot & 60 -Foot Dams to ensure the City's compliance with the new Dam Safety Regulations, and WHEREAS, the City received proposals from 9 Professional Engineering Firms on April 9, 2009, and the BPW with supporting documentation from Staff awarded the work to C.T. Male Associates for an amount not to exceed $118,217, to be funded from existing Capital Project 510, the Water Supply Project funds, and WHEREAS, as part of the permitting process for our Water Supply Project the City received a letter from the New York State Department of Environmental Conservation (NYSDEC) that identified several remaining gaps in the Engineering Assessment for the 60 -foot dam, and WHEREAS, the DPW staff requested O'Brien & Gere review the DEC's letter and submit a proposal to the City to address the DEC's concerns with the 60 -foot Dam, and WHEREAS, on July 19, 2013 O'Brien & Gere submitted a proposal for Sixty Foot Dam - Outstanding EA Tasks, and on July 22, 2013 the BPW resolved unanimously to accept the proposal in an amount not to exceed $27,000.00 with funds to be obtained from contingencies in the existing Capital Project 510, and WHEREAS, O'Brien & Gere provided the Supplemental Engineering Assessment Sixty Foot Dam on February 24, 2014 to both the City and the DEC, and in follow up meeting with NYSDEC on September 10, 2014 DEC requested a schedule for completion of the Dam Safety upgrades, and WHEREAS, the DPW staff requested O'Brien & Gere prepare and submit a proposal for the Sixty Foot Dam Safety Upgrades — Design and Construction Phase Services along with a overview presentation of the Sixty Foot Dam Engineering Assessment for the BPW, O'Brien & Gere made the presentation to the BPW on February 9, 2015, and WHEREAS, preliminary estimates for the complete Dam Safety Project Costs for the Sixty Foot Dam are projected to be approximately $4 million. More detailed structural inspection, geotechnical investigation, and final design are needed to refine construction estimates for project, and Page 6 of 7 WHEREAS, the February 3, 2015 proposal for Sixty Foot Dam Safety Upgrades — Design and Construction Phase Services from O'Brien & Gere include estimates for Detailed Structural Inspection = $7,000.00, Geotechnical Investigation = $35,000.00, Design Development = $18,000.00, and Final Design = $68,000.00, totaling $128,000.00, and WHEREAS, the budget for Capital Project 510, the City's Water Treatment Plant improvements did not include funds for the NYSDEC mandated Dam Safety Improvements, and WHEREAS, a new Capital Project will need to be established for the Dam Safety Design to allow for the continued progress of work within schedule for compliance with the understanding additional funds will be needed in 2016 once we have a solid cost estimate for the Dam Safety Improvements; now therefore, be it RESOLVED, That the Board of Public Works hereby recommends the establishment of Captial Project #527 Dam Safety Improvements in an amount not to exceed $128,000 for the purposes of engineering for Dam Safety Upgrades to the 60 -foot Dam, and be it further RESOLVED, That the Mayor, upon review and approval by the City Attorney, be authorized to execute a contract for Professional Engineering Services by and between the City of Ithaca and O'Brien & Gere Engineers, Inc. for said required Dam Safety Improvements, and be it further RESOLVED, That funds necessary for the NYSDEC mandated Dam Safety Improvements will be derived from a Capital Reserve #16 Water Sources Development transfer to Capital Project #527 Dam Safety Improvements. Page 7 of 7 ■ G°BRIE G GCRC February 3, 2015 Mr. Erik Whitney City of Ithaca - Water & Sewer Office 510 First Street Ithaca, NY 14850 RE: Proposal for Sixty Foot Dam Safety Upgrades - Design and Construction Phase Services FILE: 1598/42988 Dear Mr. Whitney: As discussed in our September 10, 2014 meeting, the New York State Department of Environmental Conservation ( NYSDEC) has requested a schedule for completion of recommended dam safety related upgrades to Sixty -Foot Dam (a.ka. Potters Falls Dam). At the time of the original design of the Sixty -Foot Dam there were no universal design standards in place and many dams were designed based on loading conditions associated with either a 100 year frequency storm event or the flood of record. Current dam safety regulations have established significantly more conservative design criteria resulting in design loading conditions as much as five times higher than would have reasonably been applied during the original design. Consequently the initial Engineering Assessment (EA) Report dated December 14, 2012 and the Supplemental Engineering Assessment dated February 24, 2014 identified improvements required to achieve the current requirements for dam stability. The estimated construction cost for the identified dam stability improvements is $1,500,000. These costs are in addition to the estimated $1,500,000 dam safety related share of the construction cost for re- establishing the low level outlet through the dam. As requested by the City of Ithaca (City), O'Brien & Gere is pleased to submit this proposal for providing design and construction phase services addressing the dam stability upgrades. Based on the endorsement of the NYSDEC Dam Safety Group, work at the Sixty -Foot Dam is proposed to be completed in two phases. The work originally anticipated under the water supply project which includes dredging, a new water supply intake and reconstruction of the gate house, will be completed in the first phase. The second phase will start after substantial completion of the phase one work and will include the dam safety upgrades to the dam itself. Coordination of the dam safety related dam upgrades with the water supply project will be efficient and result in less disruption to the operation of the reservoir. SCOPE OF SERVICES TASK 1: DETAILED STRUCTURAL INSPECTION Perform a detailed inspection of the dam, downstream apron, spillway chute, and downstream channel to assess the structural features, concrete conditions, geological /foundation conditions, and site features relative to the structural evaluation /design and general constructability of the proposed dam improvements. 333 West Washington Street, PO 4873, Syracuse, NY 13221 -4873 1 p 315- 956 -6100 1 f 315 - 463 -7554 1 www.obg.com 360° Engineering and Project Delivery Solutions Mr. Erik Whitney February 3, 2015 Page 2 TASK 2: SUBSURFACE INVESTIGATION Q 2013 Mrien & Gere. All Rights Reserved. The 1985 Thomsen Associates Phase II report included data and boring logs from three exploratory holes that were drilled though the cyclopean concrete spillway section. The results of direct shear testing of core samples taken from the dam concrete /bedrock interface were listed in the report. Apparently, the main purpose of these borings was to investigate the condition of the dam concrete/ bedrock interface and the presence of concrete keys in the bedrock. The core borings were not advanced more than 10 feet below the dam/ bedrock interface and were confined to a small area located on the right side of the spillway section. It appears that no other subsurface investigations were performed since this report, based on the available records reviewed by O'Brien & Gere. The fortification measures currently under consideration include post- tensioned and pre - stressed rock anchors. The Post - Tensioning Institute's ( PTI) "Recommendations for Pre - stressed Rock and Soil Anchors" (Section 6.5 - Site Evaluation) states that borings should be performed to evaluate site geology for the purpose of providing an understanding of the bedrock conditions and interpretation of the rock properties for design and installation of the rock anchors. Notably, coring depths are recommended to extend a minimum of 5 feet below the anticipated depth of the base of the bonded zone. Typical anchor bond zones within the foundation rock are approximately 20 feet. The Thomsen -era borings only extended 10 feet below the dam. Therefore, O'Brien and Gere proposes a small scale subsurface investigation program to supplement the 1985 investigation. Two NX- sized rock core borings will be advanced at the downstream toe: one located through the downstream apron and one in the discharge channel, where a concrete shear block with pre - stressed anchors may be installed. Two additional borings will be drilled from the dam crest, one through the right non - overflow cyclopean concrete section and one through the ground /rock formation adjacent to the right abutment. All of the borings will be advanced a minimum of 25 feet into competent rock. Water pressure testing of the boreholes will be specified to assist in estimating anchor hole consolidation grouting requirements. Selected rock and concrete cores will be sent to a laboratory for compressive strength and unit weight testing. TASK 3: DESIGN DEVELOPMENT There are several factors which impact the most economical combination of anchor sizing and location for strengthening a dam, including: • The magnitude of required sliding and overturning resistance • The compressive and shear strength of the dam concrete and foundation rock • Physical access to the anchor locations • Maximum anchor capacity Moreover, based upon the low safety factors calculated for sliding stability, it may be that inclined crest and face anchors through the dam will not offer sufficient sliding resistance. Consequently, it is probable that either mass concrete or a toe shear block will be necessary to supplement the post- tensioned anchors. Therefore, O'Brien & Gere will evaluate the feasibility and relative costs for anchoring alternatives to identify the most cost - effective approach. The alternatives to be considered are as follows: • Inclined post - tensioned anchors installed through a fortified dam crest • Inclined post- tensioned face anchors w/ toe shear block • Downstream mass concrete addition w/ pre - stressed rock anchors The evaluation will include preliminary stability analyses (for critical load cases), development of conceptual sketches of the principal features and typical cross sections, and order of magnitude cost estimates. The findings of the evaluation and recommendations will be summarized in a letter report and submitted for review. 333 West Washington Street, PO 4873, Syracuse, NY 13221 -4873 ( p 315 - 956 -6100 1 f 315 - 463 -7554 1 www.obg.com 360° Engineering and Project Delivery Solutions Mr. Erik Whitney February 3, 2015 ® 2013 O'Brien & Gere. All Rights Reserved. Page 3 TASK 4: FINAL DESIGN OF DAM REMEDIATION /FORTIFICATION MEASURES Engineering analyses will be conducted for the alternative selected in Task 3 and design drawings /specifications will be developed to 60% completion and submitted to the City for review and comment. The design will include the following: • Stability analysis for proposed remediation demonstrating compliance with NYSDEC dam safety requirements • Civil design consisting of hydraulic evaluation of downstream apron and channel, site plan, E &S plan /specifications, review of general environmental permitting requirements, and NYSDEC DSS pre - application conference • Structural design for concrete fortifications and rock anchors • Contract Drawings and Technical Specifications • Preliminary construction cost estimate Following the City's review of the 60% Design package and consideration of NYSDEC DSS preliminary comments regarding dam safety and environmental permitting, the drawings and specifications will be advanced to 100% completion. This will include the following: • Consideration of review comments and design modifications that may be required • Final stability and design calculations • Permitting assistance that includes submittal of the final design package and review and response to one round of NYSDEC comments • Final Construction Cost Estimate • Final bid package including Contract Drawings and Project Manual for one General Contract TASK 5: BID PHASE SERVICES Upon completion and City approval of the final design packages, O'Brien & Gere will provide the following engineering services associated with the bid phase of the project. 1. Issue Contract Documents for Bid - Under this task, O'Brien & Gere will assist the City in advertising the project for competitive bids. For purposes of this proposal, we have assumed that O'Brien & Gere will use its electronic plan room and produce no more than twenty five sets of full-size plans and Project Manuals for the purposes of distribution to the City and successful contractor after award. 2. Pre -Bid Meeting - O'Brien & Gere will attend a pre -bid meeting and site walk through during the bid period. 3. Prepare Contract Addenda - Questions received during the bid period, which require clarification of the Contract Documents, will be addressed by written addendum, which O'Brien & Gere will issue to all holders of contract documents. Up to three addenda are anticipated. 4. Attend Bid Opening Prepare Bid Tabulations Evaluate Bids and Recommend Award - Under this task, O'Brien & Gere will attend the bid opening to assist the City in receiving bids. We will review bids for accuracy and completeness, noting any "informalities." We will also review the qualifications of the apparent low bidder, and confirm they are satisfied with their bid. O'Brien & Gere will summarize the results of our review in a letter to the City, which will include a recommendation regarding award. 333 West Washington Street, PO 4873, Syracuse, NY 13221 -4873 1 p 315 - 956 -6100 1 f 315 - 463 -7554 1 www.obg.com 360° Engineering and Project Delivery Solutions Mr. Erik Whitney February 3, 2015 Page 4 TASK 6: CONSTRUCTION PHASE SERVICES ® 2013 O'Brien & Gere. All Rights Reserved. Construction Review Services Construction phase services will include a number of tasks, which collectively support the administration of the construction contract and implementation of the design intent. 1. Review Shop Drawings and Submittals - Under this task, O'Brien & Gere will review shop drawings, samples, and other submissions of the contractor for general conformance to the design concept of the project and for substantial compliance with the result required in the construction contract. O'Brien & Gere will provide the City with one copy of all reviewed shop drawings and other submissions of the contractor, for its records. 2. Issue Clarifications and Interpretations of the Contract Documents - O'Brien & Gere will issue technical instructions to the contractors, issue necessary interpretations and clarifications of the contract documents throughout the submittal /approval process. For the purpose of this proposal, it has been assumed that construction will be completed and closed out within one year after the notice to proceed is issued. 3. Issue Modifications and Change Orders - O'Brien & Gere will recommend to the City when a modification or change order to the construction contract is necessary, prepare an independent estimate of the cost of the change order, and prepare change orders along with required documentation. Change orders included in our base scope are limited to those necessary for completing the project in accordance with the design intent. Construction Administration and Inspection O'Brien & Gere will perform the following tasks under the Construction Administration and Inspection Phase: 1. Request Contractors' Bonds and Insurance Certificates - Once bids have been received and evaluated, and the City has awarded contract, O'Brien & Gere will request appropriate bonds and insurance certificates from the successful contractor. Upon review of these documents for conformance with the requirements of the contract documents by the City's Counsel, we will incorporate them into complete copies, for formal execution by both parties. 2. Conduct Pre - Construction Mee"- Under this task, O'Brien & Gere will conduct a pre - construction - meeting with representatives of the contractor, as well as representatives of the City and other involved agencies as appropriate. 4. Review and Approve Contractor's Requests for Payment - In cooperation with the City, O'Brien & Gere will review and approve contractor's payment estimates /requests and will forward the necessary documents to the City for its processing of payments. 5. Provide Resident Project Representative - O'Brien & Gere will provide construction administration and onsite representation. Full time representation (40 hours /week) has been included for a period of 8 months. 6. Maintain Field Diary - O'Brien & Gere personnel will maintain a field diary, together with daily construction reports recording pertinent aspects of the construction activities. 333 West Washington Street, PO 4873, Syracuse, NY 13221 -4873 1 p 315 - 956 -6100 1 f 315 - 463 -7554 1 www.obg.com 360° Engineering and Project Delivery Solutions Mr. Erik Whitney February 3, 2015 ® 2013 O'Brien & Gere. All Rights Reserved. Page 5 7. Conduct Job Meetings - O'Brien & Gere will conduct meetings with the contractors and representatives of the City, to review the status of construction, for the construction duration. 8. Obtain Photographs During_ Construction - O'Brien & Gere will obtain photographs throughout construction to provide visual history of construction activities. Copies of digital files will be provided to the City for their records. 9. Prepare Record Drawings - O'Brien & Gere will provide the City with record drawings of the completed project based upon red -line documents received from the contractors. Two sets of full -size prints, two sets of half -size prints, and digital copies of all drawing files, which will be provided. SCHEDULE O'Brien & Gere will commence design upon written authorization from the City. The following are the anticipated key deliverable /milestone dates assuming authorization in February 2015 and starting construction near the completion of the Phase 1 Dam and Reservoir Improvements: E7 Subsurface Investigation & Detailed Structural Assessment Construction Start - Phase 1 Water Supply Improvements Design Development Report 60 % Design Documents Final Design Deliverables NYSDEC Plan Approval Advertise for Bids Construction Complete - Phase 1 Water Supply Improvements Dam Safety Construction Start Dam Safety Construction Complete May 2015 June 2015 September 2015 December 2015 March 2016 June 2016 November 2016 December 2016 May 2017 December 2017 333 West Washington Street, PO 4873, Syracuse, NY 13221 -4873 1 p 315 - 956 -6100 1 f 315 - 463 -7554 1 www.obg.com 360° Engineering and Project Delivery Solutions Mr. Erik Whitney February 3, 2015 Page 6 FEE PROPOSAL ® 2013 O'Brien & Gere. All Rights Reserved. O'Brien & Gere proposes to perform the services described above for a not -to- exceed fee of $443,000. A task breakdown of this proposed fee is presented below. Task Fee 1 - Detailed Structural Inspection 7,000 2 - Geotechnical Investigation 35,000 3 - Design Development 18,000 4 - Final Design 68,000 . 5 - Bid Phase Services 15,000 6 - Construction Phase Services Construction Review 50,000 Contract Administration and Inspection 175,000 Project Management 40,000 Direct Expenses 35.000 Total Not -to Exceed Fee $443,000 If you have any questions regarding our proposal or would like to discuss the dam stability situation further, please feel free to contact me directly at (315) 956 -6471 (RickGell @obg.com) or Bob Bowers at (484)804 -7209 (Robert.Bowers @ obg.com). Very truly yours, O'BRIEN & GERE ENGINEERS, INC. Richard E. Gell, PE Project Manager 1: \Ithaca -C. 1598 \49288.Water - Supply- Pr \Corres \Ithaca \Sixty Foot Dam Safety Design and Construction Phase Proposal.docx cc: Robert Ganley - O'Brien & Gere Robert Bowers - O'Brien & Gere Steve Snider - O'Brien & Gere 333 West Washington Street, PO 4873, Syracuse, NY 13221 -4873 1 p 315- 956 -6100 1 f 315- 463 -7554 1 www.obg.com 360' Engineering and Project Delivery Solutions David Mitchell 402 Esty Street Ithaca, NY 14850 City of Ithaca, Board of Public Works 108 E. Green Street Ithaca, NY 14850 February 6, 2015 Dear City of Ithaca Board of Public Works: RECEIVED Dept. of Public Works FEB 0 6 2015 office of the Superintendent and Engineering Division Though the before and after photos enclosed say it all, I write to appeal the decision that was made to plow my sidewalks at my residence, 402 Esty Street, corner of Esty and Washington Streets. As a resident of fifteen years (owner for nine) I am well aware of the practices of sidewalk snow removal. The pictures enclosed, taken by the City on January 15, 2015, are evidence enough to prove that snow removal was not necessary. Have I been doing it wrong for the last 15 years? What is the intent of the law? The intent of the law is to establish a level of property maintenance that provides safety for the public. What is the language of the law? "Sidewalks shall be free from snow and ice..." and "...substantially clear of snow, ice and other obstructions" is at best vague. Does this mean down to concrete? Where in the language does it say that and would that be reasonable? Further in the language, "...so as to be no longer dangerous to life and limb." This would suggest that the sidewalk is dangerous. Clearly, from the photos enclosed, the sidewalk is well traversed by pedestrians without hardship. Several neighbors were fined, proof that the language of the code is vague enough to be easily abused and in this case has become another income stream for the City. I thank you for your consideration in reversing the fine. Sincerely yours, c Davi Mitchell Homeowner, 4 2 Esty Street, phone (607) 342 -3660, email: dwm23 @cornell.edu Enclosures: Photos by City of Ithaca day of snow removal, City of Ithaca Codes, weather recorded for month of January, copy of bill City of Ithaca, NY http: / /ecode360.com/print/IT1348 ?guid= 8389161 City of Ithaca, NY Friday, February 6, 2oi5 Chapter 17 8. EXTERIOR PROPERTY MAINTENANCE § 178 -3. Standards for grounds and exterior property. It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure that: A. All grounds on the exterior of the premise are kept free from solid waste and any litter that has been cast, blown, thrown, put,. placed, or accidentally dropped on the grounds, bushes, or in trees, and allowed to remain on the grounds, bushes, or in trees for 48 hours, is removed. [Amended 2 -5 -2003 by Ord. No. 2003-4; 4-7-2004 by Ord. No, 2oo4 -7; 6 -1-2005 by Ord. No. 2005 -10] All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable containers having a tight- fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal sight. Garbage containers, whether they contain garbage or not, shall have a tight- fitting lid in place at all times. Tight- fitting lids shall be placed back on all garbage containers as soon as possible after garbage collection and, in any event, on the same day as collection. Any garbage remaining after scheduled pickup must be removed from curbside as soon as possible after garbage collection and, in any event, on the same day as collection. Garbage containers shall not be stored in front yards or any other yards that have frontage on a public street unless all yards on the property have frontage on public streets. Prohibited storage areas include the area between the sidewalk and curb. Composting materials, so long as they are maintained as defined by this section, shall not be considered garbage. It is presumed that the contents of any garbage bag or plastic bag or garbage can is garbage. [Amended 4 -7 -2004 by Ord. No. 2004 -7; 9 -1 -2oo4 by Ord. No. 2004 -15; 6 -1-2005 by Ord. No. 2005-10] ' . C. Solid waste, other than garbage stored in proper containers and in the locations described above, and other than recyclable materials stored in accordance with § i78 -3K below, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than 3o days. Reusable household discards may be placed at curbside on special scavenger days designated by the Department of Public Works, but unclaimed discards must be removed by the property owner by the deadline set by the Department. Residents may place reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two successive days. [Amended 6- 1-2oo5 by Ord. No. 2005 -10] D. No more than one unlicensed motor vehicle may be stored in the public view in a side or a rear yard, and such storage shall be in compliance with § 325 -20. If there is no side or rear yard, one unlicensed motor vehicle may be stored in the front yard in compliance with § 325 -2o. However, this section shall not apply to a motor vehicle which constitutes solid waste as defined in § 178 -2 above, nor shall it apply to licensed car dealers in nonresidential zoning districts. E. Grass, weeds or other vegetation on grounds and exterior property are maintained so that the height of the vegetation is limited to ten inches, except for trees, bushes and other vegetation planted, 1 of 3 2/6/2015 11:43 AM City of Ithaca, NY http:// ecode360 .com/print/IT1348 ?guid =83 891.61 maintained or kept for some ornamental or other useful purpose. Natural woodlands shall be considered an ornamental or useful purpose. Premises situated at street intersections or on curved streets shall be kept in such condition as to give a clear and unobstructed view of the intersection or curve. [Amended 2 -5 -2003 by Ord. No. 2003-4] The area along public rights -of -way adjacent to or on the property, including but not limited to the area between the front property line or sidewalk and the curb or street pavement, is maintained in a reasonably clean and sanitary condition free of garbage and /or solid waste, with any grass, weeds and brush in said area cut or trimmed in compliance with § 1178 -3E above. The planting of annuals and perennials in these sidewalk areas shall be allowed, but the planting of trees or shrubs in these areas shall not be permitted without the approval of the Superintendent of Public Works. Premises situated at street intersections or on curved streets shall be kept in such a condition as to give a clear and unobstructed view of the intersection or curve. G. Trees, shrubs or other vegetation are pruned such that they will not obstruct the passage of pedestrians on sidewalks. The maintenance of City trees, including trees between the sidewalk and curb, must be left to the Department of Public Works. H. Fences and walls are maintained in a safe and structurally sound condition. I. Steps, walks, driveways, parking spaces, and other similar paved areas in sidewalks, driveways, and tree lawns are maintained so as to afford safe passage under normal use and weather conditions. [Amended 2 -5 -2003 by Ord. No. 2003-41 J. Sidewalks; snow and ice. [Amended 12 -7 -2005 by Ord. No. 05 -25; 2 -6 -2008 by Ord. No: 2oo8 -1] (1) Sidewalks shall be free from snow and ice for the full paved width of such sidewalk, except within 24 hours after the beginning of a snowfall. Failure to comply shall be punished as provided in § 178- ioA(2). Each day that a violation continues shall be considered a separate offense. (2) For properties that abut the intersection of two streets, the sidewalks shall include that portion of the sidewalk that runs to the curbline of any street and shall include any access ramps therein. (See § 285-5•) (3) When snow and ice on any sidewalk within the time period specified in Subsection J(i) above is frozen so hard that it cannot be removed without injury.to the sidewalk, it shall, within the time specified in Subsection J(,) above be strewn and kept strewn with ashes, sand, sawdust or other suitable material, sous, to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely, cleared of snow, ice and other materials strewn thereon, as provided in Subsection J(1). (4) Whenever any sidewalk is not kept free from snow and ice as defined in Subsection J(1), the Superintendent of Public Works or his or her designee may clear the sidewalk so that it is free from snow and ice and shall notify the City Chamberlain of the expense incurred by the amount of labor equipment and materials used. The minimum charge shall be $50: The City Chamberlain shall promptly present to the owner of any parcel so cleared a bill for the removal of snow and ice, as certified by the Superintendent of Public Works. If not paid within 3o days, the cost thereof shall be assessed against the property, added to its tax and become a lien thereon, collectible in the same manner as delinquent City taxes. Appeals from this section shall only be permitted if written notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing of the bill from the Chamberlain, and such appeals shall be taken to the Board of Public Works. K. Recycling containers and recyclable materials shall not be stored in front yards, or any other yards that have frontage on a public street, unless all yards on the property have frontage on public streets. If 2 of 3 2/6/2015 11:43 AM City of Ithaca, NY http: / /ecode360.com/print/IT1348 ?guid= 8389161 recyclable materials are stored in plastic bags, such bags must be made of clear plastic. Recyclable materials placed at curbside before a scheduled collection may not be in plastic bags. This prohibition against the use of plastic bags at curbside shall not apply to collectible yard wastes as long as the provisions of Code § 196 -3C(i) are met. L. All provisions regarding dumpsters set forth in Code § 325-29.3 are met. of3 2/6/2015 11:43 AM 1 L I I ICI � I II I I II . t r 16 _ L e 'his. •4t ' `a + ♦. L UA t c 1i - 1 !k . - y .4, rAj %aLy vi iunxL'a, i. 1 http : / /ecode360.coM/print/rr1348 ?guid = 8393217,8393218,83932 ] City of Ithaca, NY Thursday, January29 zolS Chapter 285. STREETS AND SIDEWALKS Article II. Snow, Ice and Other Obstructions on Sidewalks and Ramps § 285 -3. Duty of owner to keep clear. It shall be the duty and responsibility of all persons owning property on a public street to keep the sidewalks surrounding such property substantially clear of snow, ice and other obstructions, including but not limited to free - flowing water from drains, ditches and /or downspouts located on such property. The sidewalks shall be cleared of such obstructions within 24 hours of when the obstruction initially occurs. For properties that abut the intersection of two streets, the sidewalks which must be kept substantially clear of snow, ice and other obstructions shall include that portion of the sidewalk which runs to the curbline of any street and shall include access ramps located therein. § 285-4. Performance of work by city; costs. Upon the failure of the owner of such property to clear any such sidewalk or access ramp within 24 hours of when the obstruction initially occurs, the sidewalks and /or access ramps may be cleared by employees or agents of the city at the expense of the property owner. In such event, the property owner will be charged the actual out -of- pocket cost to the city of such work plus an additional 50% for overhead and administration charges. Such charge shall be paid to the city within 3o days from the date the bill is sent to the owner. Bills remaining unpaid after such thirty-day period shall accrue a late penalty of 12% per.annum from the date of the bill or $3 per month, whichever amount is greater. § 285 -5. Penalties for offenses. Any owner of property who shall fail to keep sidewalks and access ramps clear of snow, ice or other obstructions as above provided shall be subject to punishment as provided in Chapter 1, General Provisions, Article I, Penalties. 1 of 1 1/29/2015 12:14 PM Climatological Data for ITHACA CORNELL UNIV, NY - January 2015 Click column heading to sort ascending, click again to sort descending. ITemperature Date �- Maximum` �Miuimnm Average I Departure HDD CDD Precipitation New Snow Snow Depth 2015 -01-01 2015 -01 -02 2015 -01 -03 2015 -01-04 22 33 30 44 16 20 19 4 . -24'---- 19.0 26.5 24.5 34.0 -5.2 2.4 '_ 0.6 10.2 46 38 40 31 .0 0 0 0 0.00 T 0.01 0.23 0.0 T T 0.0 1 1 T 0 2015 -01 -05 2015 -01 -06 54 21 20� _ 9 37.0 15.0 13.3 -8.6 28 50 0 0 _ 0.05 T 0.0 T _ 0 p 2015 -01 -07 _ 15 7 _ 11.0 v-12.5 54 0 0.03 0.4 T 2015 -01-08 13 -3 5.0 -18.4 60 0 T _ T T 2015 -01 -09 2015- 01 -11n 2015 -01 -11 2015- 01 -12� 1 2015 -01 -13 2015 -01 -14 2015 -01 -15 - .._ 2015 -01 -16 16 24 17 32 33 7 _ 23 29 3 T 9.5 14.0 10.5 24.0 17.0 -4.0 -13.8 _ _ -9.3 -12.7~ 0.8 -6.1 -27.1 55 0 _ 0.02 T T T 1 _2 2 �"-- 2 2 4 4 16 1 X15 -10 6 51 54 41 48 69 0 0 -0'- 0 0 0 0.01 0.00` -0.05� 0.12 0.00 T k T _0.2 0.3 _ 0.0 0.5 1.3 0.0 -� - - -� T T 6.5 17.5 -16 6 -5.5 58 47 0 0 2015 -01 -17 _ 28 A -7 _ 10.5 -12.5 54 0 0.05` 0.5_ 3 2015 -01 -18 2015 -01 -19 30 40 -5 _ 12.5 _29 34.5_ 20 �^ 25.5 ��2.4 i._._.. 1-25.5-- -10.5 11.5 52 30 39 _0 0 0 0.00 0.02 _ _ _ 0.01 1_ 0._ 0.0 3 3 0.2 ry 0.5 2015 -01 -20 ��� 31 - 2015 -01 -21 V 24 -3 10.5 -12.6 54 0 0.00 - 0.0 3 2015 -01 -22 26 -3 9 _ 11.5 18.0 -11.6 -5.1 53 0 0 T T 1 2015 -01 -23 27 47 0.00 0.0 1 2015-01-24 1 33 19 26.0 _ ! 2.8 ___ 39 0 0.00 0.0 1 2015 -01 -25 33 21 27.0 3.8 _ 38 0 0.01 0.1 1 2015 -01 -26 21 5 13.0 -10.3 52 0 T T 1 2015 -01 -27 17 8 12.5 -10.8 52 0 0.22 3.0 -T----4 4 2015 -01 -28 _ 12 1 6.5 -16.9 58 0 T j� 2015 -01 -29 23 -4 9.5 -13.9 55 0 0.00 -�0.0 4 _2015 -01 -30 1 M M M M M M M M M M M M 2015 -01 -31 M _M M Sum- i 758 Average- 26.1 ` FM 211 - - 16.7 �� _-66 1393 - 0 - 0.83 - 7,0 -� M _ 1.5 _ 7.3 Normal 31.3 15.4 23.3 - 1291 0 2.08 17.6 _ QTY OF ITHACA 108 E GREEN STREET ITHACA NY 14850 Bill to : DAVID W MITCHELL 402 ESTY St ITHACA NY 14850 Property 402 Esty St Invoice From: Streets & Facilities Entry Date Item Category 01/15/2015 LABOR Invoice Date: 01/23/2015 Invoice # : 00019949 Account # : 00001284 Due Date: 02/23/2015 Streets & Facilities Division General Billing Information (607) 274 -6580 Information specific to bill (607) 272 -1718 Invoice Ref. SNOW REMOVAL Item Description Qty Price Total REMOVE SNOW FROM SIDEWALK 1.00 $50.00 $50.00 Total: $50.00 Additional Description: REMOVE SNOW AND OR ICE FROM SIDEWALKS ON ESTY AND WASHINGTON ST FROM SNOWFALL 1/12/2015 BILLS NOT PAID WI 3i= 130 DAYS ACCRUE A LATE PAYMENT PEivALTY AT THE RATE OF TWELVE PERCENT PER ANNUM OR $3.00 PER MONTH, WHICK ER IS GREATER, PURSUANT TO CITY CODE. BILLS REMAINING UNPAID ON Z?OVEMBER 1 ST ARE ADDED TO THE FIRST INSTALIAW14T OF THE NEXT CITY TAX BILLING, AND COLLECTED -AS A PART THEREOF. Make check payable to : CITY OF ITHACA ;. CHAMBERLAIN'S OFFICE 108 E GREEN STREET ITHACA NY 14850 DAVID W MITCHELL 402 ESTY St ITHACA NY 14850 Return this portion with your payment Invoice Date : 01/23/2015 Invoice # : 00019949 Please Pay on or before $50.00 02/23/2015 Amount Paid EW00019949 i NIIII IIIII II 111111 IIIII IIIII III IIIII IIII IIIII IIIII III � 00000000000000000199490000000000000400000001000000005000000 RE: 402 Etsy St. Snow Removal RE: 402 Etsy St. Snow Removal Ray Benjamin Sent: Wednesday, February 18, 20151:14 PM To: Kathy Gehring Attachments:Print Basic Map.pdf (208 KB) bttps:H mail. cityofithaca. org/ owa / ?ae= Item&t= IPM.Note&id= RgAA... Kathy, I recommend we charge for clearing. the photos show no attempt in clearing the 2 inches of snow that fell overnight the 12th & 13th of February. The sidewalk was cleared on the 95th of February. The lot is a corner lot with110 feet of walk along Washington St. and 66 feet of frontage on Esty St. See attached map. Ray Benjamin Assistant Superintendent of Public Works Streets & Facilities Division renjamin @cityofithaca.org 607 272 1718 "Be careful when speaking. You create the world around you with your words." From the Navajo Nation From: Kathy Gehring Sent: Friday, February 06, 2015 3:26 PM To: Ray Benjamin Subject: 402 Etsy St. Snow Removal Enclosed is a letter of protest regarding a snow removal at the above address. Photos are enclosed, along with city code, precipitation state, and a copy of the invoice. Please forward to me the City's side of this incident, along with a recommendation from staff. I'd like to have both sides of the story available before sending the protest to BPW. Thanks, - Kathy Gehring Exec. Asst. Supt. of Public Works City of Ithaca 108 E. Green St. Ithaca, NY 14850 607- 274 -6527 1 of 1 2/18/2015 1:16 PM (D O }' co ?� W O Cy C Cl) dam' T C) N co N L Q Z Cd V co O Mn M �e` eu. 0 0 N N U D d m 'ff N EL C 2 O v w O C cc w m 3w m "p' 2 p' ? 9 w C p t1 N C p V C a m w U w a g m U w f0 7 C m r C 5 y� o c!) w N '6 E w` Si $ o vWi a E e E w` y S a g 0 y € rn rL m E i i a s i a m WASHINGTON Si to z (D m LL aD CV) W A N r R., O N N