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HomeMy WebLinkAbout05-11-15 Board of Public Works Meeting Agenda4 uFi'1�; ry DATE: May 11, 2015 TIME: 4:45 BPW M pm LOCATION: 3 Floor, sh` Board of Public Works City Hall, Council Chambers 108 E. Green St.. Ithaca AGENDA ITEMS 7. Administration & Communications 8. Buildings, Properties, Refuse & Transit A. Request for Encroachment Agreement/License for Yes City Attorney 5 min. Sign at Ithaca Cayuga Optical, 134 -136 East State Street, the Commons — Resolution The resolution reflects the Board's discussion on April 27, 2015. B. Request for Permanent Easement for 327 Eddy Yes City Attorney 5 min. Street Proposed Encroachment — Resolution The City Attorney's office has reviewed the proposal, per the Board's request, and determined that a permanent easement would be best in this case, as a license not be easy to terminate since the encroachment is part of the building. C. Award of Bid for Seneca Street Parking Garage — Yes Dir. of Eng. West 5 min. Priority 4 Repairs — Resolution Bids will be received on May 11, 2015 for this project. An updated resolution will be provided at the meeting. 9. Highways, Streets & Sidewalks A. Award of Professional Services Contract for Yes Dir. of Eng. West 10 min. Pedestrian Signal Countdown Timer Project — Resolution Request for proposals was advertised and eight firms responded. Staff is ready to recommend the award of a contract for the design portion of this project. 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items A. Approval of Columbia Street Bridge for the Public No 5 min. 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 5 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 8. Buildings, Properties, Refuse & Transit A. Request for Encroachment Agreement/License for Yes City Attorney 5 min. Sign at Ithaca Cayuga Optical, 134 -136 East State Street, the Commons — Resolution The resolution reflects the Board's discussion on April 27, 2015. B. Request for Permanent Easement for 327 Eddy Yes City Attorney 5 min. Street Proposed Encroachment — Resolution The City Attorney's office has reviewed the proposal, per the Board's request, and determined that a permanent easement would be best in this case, as a license not be easy to terminate since the encroachment is part of the building. C. Award of Bid for Seneca Street Parking Garage — Yes Dir. of Eng. West 5 min. Priority 4 Repairs — Resolution Bids will be received on May 11, 2015 for this project. An updated resolution will be provided at the meeting. 9. Highways, Streets & Sidewalks A. Award of Professional Services Contract for Yes Dir. of Eng. West 10 min. Pedestrian Signal Countdown Timer Project — Resolution Request for proposals was advertised and eight firms responded. Staff is ready to recommend the award of a contract for the design portion of this project. 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items A. Approval of Columbia Street Bridge for the Public No 5 min. Time Topic Voting? Presenter(s) Allowed Art Commission's Mural and Street Art Program The Public Art Commission has requested that the Board of Public Works consider approving the Columbia Street Bridge as a location for future murals. Enclosed please find a draft resolution and two photos. B. Petition to Rename Plain Street No Supt. Thorne 10 min. A petition was submitted on April 27, 2095, in support of renaming Plain Street to Nelson Mandela Street. C. Fees Associated with Heritage Permits No Supt. Thorne 15 min. A question has been raised about what the intent of the Heritage Permit is regarding fees. The resolution that was passed in 2094 establishing the Heritage Permit states the qualified trucks must adhere to the Street Vending Policy that was approved in January 2014, which established fees for individual time slots (breakfast, lunch, dinner, late night). Chapter 170 of the City Code establishes a Use of City Property fee according to square footage used. The question is which policy do we follow when determining annual permit fees for the Heritage Permit holders? 14. New Business 15. Adjournment Page 2 Im Yes 8A. Request for Encroachment Agreement/License for Sian at Ithaca Cayuga Optical, 134 -136 East State Street, the Commons — Proposed Resolution WHEREAS, Dr. Alexander Wood, the tenant of the property at 134 -36 East State, owned by Renvyle Assoc, LLC, (Tax Map Parcel No. 70. -2 -24) in the City of Ithaca has requested an encroachment agreement/license from the City into the adjacent East State Street (Commons pedestrian space) right -of -way; and WHEREAS, the encroachment consists of the following: A building sign, as proposed to the Board of Zoning Appeals on April 7, 2015, constructed of steel, approximately 3 feet in length and 18 inches in width, and projecting over the store's entrance by approximately 3 feet, thereby encompassing an encroachment into the right of way by approximately 4.5 square feet, which is shown on a drawing stamped and entitled Exhibit A; and WHEREAS, the Board of Zoning Appeals approved the variance from the 18" projection limit; and WHEREAS, the 2015 -16 schedule of fees for use of City -owned property requires an initial application fee of $100 for new licenses, but stipulates that the annual use fee shall be waived for minor encroachments, now therefore be it RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 134 -136 The Commons, as proposed, contingent upon the execution of a license /agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance, and be it further RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license agreement allowing said encroachment, revocable upon 90 days' written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City's Municipal Code. Page 3 AGREEMENPREVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT, made this _ day of , 2015, by and between: ► Renvyle Associates, LLC, owner, 134 -136 East State Street, Ithaca, NY 14850, (hereinafter referred to as "LICENSEE "), and ► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY "), WITNESSETH THAT: WHEREAS, LICENSEE is the owner of a parcel of land with improvements thereon in the City of Ithaca, County of Tompkins, State of New York, commonly known and designated as 134 -136 East State Street, Ithaca, New York, and as Tax Map Parcel No. 70. -2 -24; and WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of Ithaca owned by CITY, for the benefit of the above - referenced parcel of LICENSEE, which CITY -owned land is adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows: A building sign, as proposed to the Board of Zoning Appeals on April 7, 2015, constructed of steel, approximately 3 feet in length and 18 inches in width, and projecting over the store's entrance by approximately 3 feet, thereby encompassing an encroachment into the right of way by approximately 4.5 square feet, which is shown on a drawing stamped and entitled Exhibit A, and is hereby incorporated into this Agreement; and WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the terms and conditions by which the CITY may license the use of and/or encroachment upon its real property to a person or persons; and WHEREAS, the CITY's Board of Public Works has authorized the Mayor to execute an agreement containing a revocable license that allows the above - described use or encroachment, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use the City - owned land described above, subject to the terms and conditions set forth herein. The CITY reserves the right to enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by LICENSEE of the above - described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and current License /Agreement. Page 4 3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall be for the period commencing April 1, 2015 (or on the date by which all application and use fees and any required forms described herein are received by CITY, whichever date is later) and expiring on March 31, 2016. This License shall renew automatically thereafter, for one -year terms, with the same terms and conditions (except that the amount of the Use Fee may be revised annually, per the provisions of Paragraph 6, below), provided that LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for the renewal period, before the commencement of such new term (i.e., before April 1S), and provided that the CITY has not notified LICENSEE, by March 1% of the CITY's intention not to renew for the following license year. 4. Notwithstanding any other provisions herein, the License contained herein may be terminated by LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such early termination, LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term, provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early termination shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below. 5. Notwithstanding any other provisions herein, the License contained herein may be revoked or modified by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the public safety or welfare, or (b) upon at least one month's notice that the Superintendent has determined that LICENSEE has failed to comply with any substantive term herein, and that LICENSEE has not cured such breach within the notice period, or (c) upon at least three months' written notice to LICENSEE that the CITY's Superintendent of Public Works has determined that the licensed premises is required for a public purpose. LICENSEE may appeal a non - emergency revocation or modification to the CITY's Board of Public Works, but must do so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. 6. This Agreement/License shall not take effect until fully executed and until the application and use fees set forth below have been received by the City. Application Fee: An Application Fee in the amount of $100.00 (in the form of a check payable to the City of Ithaca) must accompany submission of the application for this license to the City Chamberlain's office. The purpose of this fee is to cover the amount of City staff time typically associated with the processing of such applications. This fee is due by March 1, 2015. Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2015, until March 31, 2016) is $0.00. This Use Fee is waived because the described use is a minor encroachment. In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by CITY (a) by an amount up to the rate of any increase in the consumer price index since the previous year, or (b) to correspond with information from an updated appraisal report (expected to occur every 5 years). If the CITY intends such adjustment, LICENSEE shall be so notified by February 1St prior to the expiration of the current term. Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional fee owed (or refund due) as a result of the correction shall be effective and pro -rated as of the date of such Notice. Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due. Page 5 7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public's use of or proximity to said premises, and to repair or remove any unsafe or improper structure or thing thereupon, as directed by the CITY. In the event of LICENSEE's failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge). 8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery shall include restoration of grade and original ground cover, if applicable, and removal of any debris and any structures installed by LICENSEE. Any damage to the premises or any debris remaining thereupon at such time shall be presumed to have been caused by LICENSEE. In the event of the failure of LICENSEE to effect the required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may thereafter cause the restoration to occur and may subtract the cost thereof from any pro -rated refund due to LICENSEE and/or may assess the cost thereof (plus 25 %) against LICENSEE and its benefited property. 9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees harmless from any loss, injury or damage arising out of the occupancy or use of the encroached -upon City property, by LICENSEE or its servant or agent, or by any member of the public, or from any negligence or fault of said LICENSEE or its servants or agents in connection with the maintenance of the afore - mentioned encroachment, or the failure to maintain the same in good repair and safe condition, including attorneys fees and court costs. LICENSEE acknowledges that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any claims which may arise out of LICENSEE's obstructing, encumbering or occupying any portion of the public area of any adjacent street, including the sidewalk. 10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, by the time of the annual anniversary of said original execution if this License is to be renewed, and as may be otherwise required by the City. 11. In the event of the expiration and non - renewal, or termination, of this License, failure of the LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the Municipal Code of the CITY. 12. This License is transferable to a subsequent owner or lessee of the benefited property, but only upon proper re- application by said subsequent owner or lessee and submission of written proof of required insurance in the new licensee's name. 13. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by LICENSEE. Page 6 IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. Renvyle Associates, LLC (signature) (print name and title) CITY OF ITHACA Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of , 2015, before me, the undersigned, a Notary Public in and. for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that she resides at Ithaca, New York, and that she is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that she signed her name thereto upon authorization of the Board of Public Works of such corporation. Approved as to form and content: City Attorney Notary Public Page 7 Date 813. Request for Permanent Easement for 327 Eddy Street Proposed Encroachment WHEREAS, through, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63. -6 -24, Stephen A Fontana Trust owner of record), in the City of Ithaca, has requested an encroachment agreement/license from the City into the adjacent Eddy Street right -of -way; and WHEREAS, the encroachment consists of the following: An encroachment extending into the City -owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face. WHEREAS, it appears that the proposed encroachment into the City's airspace will not interfere with the right of way as currently constituted; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the recommended fee for this permanent easement is $3,073.84, based on the Pomeroy appraisal value of $75.77 for one year of use at the current appraisal rate in Collegetown of $2.87 per square foot, calculated out for a thirty year depreciation period and 2% rate of inflation, now therefore be it RESOLVED, That the Board recommends that Common Council authorize the Mayor to sign the necessary paperwork to grant the easement described above. Page 8 8C. Award of Bid for Seneca Street Parkins Garage — Priority 4 Repairs — Resolution WHEREAS, bids were received on May 11, 2015 for Seneca Street Parking Garage — Priority 4 Repairs including general construction, plumbing and mechanical renovation, and WHEREAS, the Common Council established Capital Project 372 for Seneca Street Parking Garage — Priority 4 Repairs, and WHEREAS, of responsible bid for General Construction work of $ submitted the lowest qualified , now therefore be it RESOLVED, That the contract for General Construction work related to the Seneca Street Parking Garage — Priority 4 Repairs is awarded to of for a bid for General Construction work of and be it further RESOLVED, That the Mayor be and hereby is authorized to execute the contract for General Construction work, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Page 9 9A. _Award of Professional Services Contract for Pedestrian Signal Countdown Timer Project — Resolution WHEREAS, eight professional services proposals were received on January 15, 2015 for the Pedestrian Signal Countdown Timer Project (PIN 375590, CP 801), and WHEREAS, staff has reviewed the eight proposals received and made recommendations for award, and WHEREAS, engineering studies and designs are Type II actions requiring no further review under the State Environmental Quality Review Act or the City Environmental Quality Review Ordinance, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards a professional services contract for the Pedestrian Signal Countdown Timer Project (PIN 375590, CP 801) to Popli Design Group, of Penfield, New York, for an amount not to exceed $32,000, and be it further RESOLVED, That the City of Ithaca Superintendent of Public Works be and hereby is authorized to enter into said contract under the usual terms and conditions. Page 10 CITY OF ITHACA 108 East Green Street, Suite 202 Ithaca, New York 14850 -5690 OFFICE OF THE CTTY ENGINEER Telephone: 607:274 -6530 Fax: 60— 2 + -658- To: Board of Public Works From: Kent Johnson, Junior Transportation Engineer V"JT Date: May 5, 2015 Re. Award of professional services contract for the Pedestrian Signal Countdown Timer Project (PIN 375590, CP 801) Please find enclosed a proposed resolution to award a professional services contract to Popli Design Group for the Pedestrian Signal Countdown Timer Project (PIN 375590, C;P 801). This is a federal -aid project with 90% of project costs reimbursed by federal and State funds and 10% of project costs provided by the City of Ithaca. Common Council authorized the first instance funding and established Capital Project 801 at their iylay 7, 2014 meeting. The consultant was selected via the Local Design Services Agreement (LDSA) method. An Advertisement for Professional Services was mailed to all fifteen firms represented in the applicable LDSA pool. Eight firms responded with Expressions of Interest. Three reviewers (Titre Logue, Tom West, and myself) independently analyzed the E01 packets submitted by the responding eight firms. Popli received the highest overall ranking based on six qualification categories. A letter was sent to Popli indicating that they were our preferred firm and rejection letters were sent to the other hnns. In the past month, l have worked with Popli to define a task list (scope of services) and a fee proposal. I am comfortable with what we have worked out and am ready to recommend that you award the design portion of the project to Popli Design Group in an amount not to exceed $32,000. Pleas: feel free to contact me if you have any questions about the contract or about the consultant selection process. Thank you. "fin Equal Oppiirlunity Employer-,airh a commitment to workforce diver+ificarnon" Cry 13A. Approval of Columbia Street Bridge for the Public Art Commission's Mural and Street Art Program — Resolution WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise Common Council on proposals for the exhibition and display of public art in City spaces — buildings, facilities, and infrastructure — and to review development proposals for decorative elements in the city's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several City -owned sites for inclusion on the list of potential sites in City of Ithaca Public Art Commission's Mural and Street Art Program by resolution on May 19, 2010 and approved additional sites for inclusion in the program since that time, and WHEREAS, as a result of this approval, the PAC has worked with more than 50 artists to install murals on City -owned property throughout the city, and the response to the new murals has been overwhelmingly positive, and WHEREAS, the Natural Areas Commission requested that the PAC consider the walls of the Columbia Street Bridge as a location for a future mural, and WHEREAS, the PAC agreed that the location would be ideal for a future mural and would help deter ongoing graffiti, and WHEREAS, at its meeting on March 25, 2015, the PAC voted to recommend that the walls of the Columbia Street Bridge be approved by the Board as a location for future murals and the Natural Areas Commission supported this recommendation at its meeting on April 7, 2015; now, therefore, be it RESOLVED, That the Board of Public Works approves the City -owned walls of the Columbia Street Bridge for inclusion on the list of potential sites for the PAC's Mural and Street Art Program; and be it further RESOLVED, That the PAC will continue to work with Planning Department staff to conduct a mutually acceptable public input procedure for engaging nearby businesses, residences, and /or business and neighborhood associations for each specific project, and be it further RESOLVED, That the PAC will work with the City Attorney to ensure that any art mural RFP or contract with a participating artist reflects and accommodates the needs and constraints of the City. Page 11 Columbia Street Bridge for the Public Art Commission's Mural and Street Art Program