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07-27-15 Board of Public Works Meeting Agenda
BPW M Board of Public Works DATE: July 2015 TIME: 4:45 pm p LOCATION. 3rd Floor, 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 -15 Before the Board min. 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 7. Administration & Communications A. Approval of Minutes Yes Mayor Myrick 5 min. 1) September 8, 2014 Meeting Minutes 2) June 8, 2015 Meeting Minutes 8. Buildings, Properties, Refuse & Transit A. Request for Easement License Agreement for the Yes City Attorney 10 min. Alley between 307 College Avenue and Fire Station #9 — Resolution The City Attorney, working with the developer's representative, has provided a proposed easement license agreement and resolution, per the Board's discussion on June 8, 2015. 9. Highways, Streets & Sidewalks A. Award of Contract for 2015 Road Construction Yes Dir. of Engineering 10 min. Project - Resolution West Staff has analyzed the bid that was received and are ready to award the contract for this project. B. Award of Bid for Safe Routes to School Project — Yes Jr. Transportation 10 min. Resolution Engineer Johnson Staff has analyzed the bid that was received and are ready to award the contract for this project. 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items A. Request to Waive Stewart Park Pavilion Fees for No Officer Arsenault 10 min. Ithaca Police Union Family Bake The Police Benevolent Association is holding a family event at Stewart Park on September 19, 2015, and request that the pavilion use fee be waived. B. 2016 Sidewalk Improvement District Work Plan No Sidewalk Program 20 min. and Budget Mgr. Hathaway T Time Allowed It is that time of year to think about next year's work. Eric Hathaway, Sidewalk Program Manager, has provided a suggested work plan and budget for 2016 and is looking for feedback and guidance from the Board. C. Temporary Relinquishment of City Right of Way No City Attorney 15 min. for 719 -25 South Meadow Street Assistant City Attorney Jared Pittman has submitted a letter explaining the request. 14. New Business 15. Adjournment Page 2 IM Yes 8A. Request for Easement Aureement/License for the Alley between 307 College Avenue and Fire Station #9 — Resolution WHEREAS, Scott Whitham of Whitham Planning & Design, on behalf of J &W House, owner of the property at 307 College Avenue (Tax Map Parcel No. 64.- 10 -15), in the City of Ithaca, has requested an encroachment agreement/license from the City; and WHEREAS, the encroachment consists of the following: An area comprising approximately 1,042 square feet to be used for installation and maintenance of plantings, landscaping, a thru -block pedestrian walkway, bicycle racks, benches for seating, and a sign reading "Collegetown Crossing ", and which area is shown as the shaded area on a drawing dated March 5, 2015 and entitled "Planting Plan" prepared by CID of Whitham Planning & Design, LLC, WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the 2015 -16 schedule of fees for use of City -owned property requires an initial application fee of $100 for new licenses and an annual use fee for Collegetown and College - oriented license fee category shall be calculated at $3.41 per square foot resulting in an annual use fee of $3,553.22, with such rate thereafter subject to adjustment by the consumer price index and property taxes assessed against the City, now therefore be it RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 307 College Avenue, 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 AGREEMENT / REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT, made this _ day of , 2015, by and between: ►J &W House, the owner of the property at 307 College Avenue, Ithaca, New York 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 307 College Avenue, Ithaca, New York, and as Tax Map Parcel No. 64.40 -15; 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 consists of approximately 1,042 square feet and is adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows: An area comprising approximately 1,042 square feet to be used for the installation and maintenance of plantings, landscaping, a thru -block pedestrian walkway, bicycle racks, benches for seating, and a sign reading "Collegetown Crossing", and which area is shown as the shaded area on a drawing dated March 5, 2015 and entitled "Planting Plan " prepared by CID of "itham Planning & Design, LLC, with such drawing attached and hereby incorporated into this agreement as Exhibit A; 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. 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 1st), and provided that the CITY has not notified LICENSEE, by March 1st, of the CITY's intention not to renew for the following license vear_ 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. Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2015, until March 31, 2016) is $3,553.22. A check in this amount, payable to the City of Ithaca, must be submitted to the City Chamberlain's office by April 1, 2015. This Use Fee represents the estimated fair rental value of the City land in question for the initial year, and is based upon a report by Pomeroy Appraisal Associates (copy available in the City Clerk's office). The City land in question was deemed to be in the "Collegetown and College - oriented" category, and to consist of approximately 1,042 square feet. The fair rental value of such land was deemed to be $3.16 per square foot; to recover the cost of the appraisal process (over a 5 -year period), the CITY has added 10% to the fair rental value of all licenses and permits for use of City land, making your total rate $3.41 per square foot. 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 2 intends such adjustment, LICENSEE shall be so notified by February 1 st 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. 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 return the area to grass lawn, 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 3 set forth above, or at any other address provided in writing to CITY by LICENSEE. 14. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which, taken as a whole, shall constitute one and the same Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. J &W HOUSE (Licensee) (signature) (print name and title) CITY OF ITHACA LM 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 he resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public Works of such corporation. Approved as to form and content: City Attorney Notary Public Date 4)WHITIJAM PLANNING & DESIGN, LLC July 22, 2015 Krin Flaherty Assistant City Attorney City of Ithaca Second Floor of City Hall 108 E. Green Street Ithaca, N.Y. 14850 Cc: Michael Thorne, Superintendent of Public Works Re: Alley between 307 College Avenue and Fire Station #9 Dear Krin, As per our conversations, earlier conversations with Fire Chief Tom Parsons and City Engineer Tom West, and as per our presentation the Board of Public Works on June 8, 2015, we have incorporated the existing alley between Fire Station #9 (currently part of the station's property) and 307 College Avenue into the project design as a landscaped buffer. Per these conversations, and as a condition of site plan approval from the City of Ithaca Planning Board, the project team agrees to work with the city to draft a license agreement that 1) indemnifies the city against any liability, 2) assumes responsibility for maintenance and 3) states that the property will be returned to pre- construction conditions should the project team decide to abandon it. The license agreement would be revocable by either party. Upon revocation, the landscape would be removed and the area converted back to a grass lawn. The design includes a sign reading ` Collegetown Crossing' that will be located on the north side of the building, approximately 20' above ground level. Each letter will be individually screwed into the building exterior extending approximately 6" from the face of the building and will extend over the property line 4" into the City of Ithaca's property. We would like language in this agreement, or a separate agreement, that will also allow this use. We have attached the following documents for your review: A) Application form for Use of City Property B) The existing survey of the site, via T.G. Miller, dated July 15, 2010. C) The proposed site plan for the Collegetown Crossing project, dated March 5, 2015. D) Photographic images of the site. E) Proposed design of signage on north and west faces, via Iron Design, dated April 30, 2015. The following outlines our response to your request for additional information: A) Yes- The license will be under the property owner of record, J &W House. Phone: 607.379.9175 Email. wbithain @whithamdesign.corn 123 S. Cayuga Street Suite 201 Ithaca, NY14850 OWHITHAM PLANNING & DESIGN, LLC B) The square footage of the property for the license is 1,042 square feet (the alley between 307 College Avenue and Fire Station #9. The annual license will cost 1,042 x $3.41= $3,553.22. C) The proposed use for the City property is planting and landscaping, a thru -block pedestrian walkway, bicycle racks, and benches for seating to serve the patrons of Greenstar and residents of Collegetown Crossing. D) Attached please find a dimensioned diagram describing the precise boundaries of the area for the license. We look forward to our conversation with you and other city officials. In the meantime, please do not hesitate to contact me, or any of the project team, with questions or concerns. Sincerely, xM Scott Whitham Phone: 607.379.9175 Email: whitham @whitliarndesign.com 123 S. Cayuga Street Suite 201 Ithaca, NY 14850 CITY OF,ITHACA - Superintendent of iPubllc lworics kgehring @cityofdhaea.org 108 East Greer Street, Suite 202, Ithaca, N.Y. 14850 Phone: (607 ) 274 -6527 Fax: (607) 274 -6587 APPLICATION FOR USE OF CITY PROPERTY (see §170 of the City Code for addfiml requiremerft, resVk%om. and procedures) APPLICANT NAME Scott Whitham for AW House NAME OF ORGANIZATION / BUSINESS Whitham Planning and Design, LLC MAILING ADDRESS 123 South Cayuga Street, Suite 201 Ithaca, NY 14850 PHONE NUMBER 607.379.9175 DATE OF APPLICATION SUBMISSION July 22, 2015 EMAIL ADDRESS whitham @whithamdesign.com All of the following documentation MUST be submitted to the SupedritWident's Office, along with this application form, and $100 non - refundable fee, In order for application to be considered complete. **** In —corn AAoftedom w I riot be accepted ❑ Provide a typed explanation of your request dearly Indicating the location of the property under consideration, your Intended use(s) of that property, and intended duration of use. Also, include a description of any physical chaff that you wish to make to the City property and any other information you feel is relevant, such as paving, drainage improvements, signs, structures, etc. ❑ $100 non - refundable application fee. Checks payable to the City of Ithaca. ❑ Property survey produced by a licensed land surveyor showing the City property and adjacent private property ❑ A drawing, such as submitted or approved site, plan, clearty Illustrating the boundaries of the City properly proposed for private use, including physical changes proposed and the affected area (in square feet or acres) ❑ Insurance coverage consistent with the terms stated in §170 -91)(1) of the City Code .:_"'"'_�_____ --. === =mss •-�- - •-- �=== SL��C�m�C� :�= �== ex==== = = == _ =a =_= FOR OFFICE USE ONLY Awlication Fee of $100 paid on (date) by cash or check # (circle one) Application accepted by: Date: M ch8el J. Thome, i.E., J ent VI i`ubHe Woes The Superintendent of Public Works has determined that this request should be properly treated as (check one): ❑ Temporary easement ❑ Permanent easement ❑ Lease ❑ License ❑ Other The Superintendent has determined that this request ❑ does ❑ doss not involve the use of public parkland. The Superintendent has determined that this request ❑ does ❑ does not -require environmental review. The Superintendent shall determine whether the requested encroachment or use interferes with any public works functions or needs, and whether any conditions should be attached to any granting of an easement, license or lease. The Superintendent has determined that additional review /action is necessary from the following (check all that apply): ❑ Mayor ❑ City Attorney ❑ City Clerk ❑ Common Council ❑ Fire Chief ❑ Board of Public Works EMU JAFmM Office 1` 1wTonnslUw dCity Property Application.doc ACORO► CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDIYYYY) 6/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED .BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER M &T Insurance A enc LIA 9 Y ( ) 101 S. Salina St., 4th Floor Syracuse NY 13202 CONTACT NAME: Barbara Bullock PHONE 315- 424 -5100 FAX No), 315 -424 -5061 -MAIIL . bbullock @mtb.com INSURERS AFFORDING COVERAGE NAIC 0 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR INSURER A: Charter Oak Fire Ins Co 25615 DTCO 1D724669- COF -15 INSURED HAYN0-1 INSURERB:Travelers Indemnity Cc of Amer 25666 The Hayner Hoyt Corporation 625 Erie Blvd West Syr Syr acuse NY 13204 -2424 INSURERC:Amedcan Guarantee & Liability 26247 INSURERD:Travelers Indemnity Co 25658 INSURER E: Travelers Insurance Co. $10,000 INSURER F: COVERAGES CFRTIFICATF M IMRFR- 1367BI79715 oe1mmr%ei rl"RA12 n. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER POLICY EFF MM/DD lyYYY) POLICY EXP (MLVDDIYYM LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y Y DTCO 1D724669- COF -15 6/112015 611/2016 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 111 JET LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP /OPAGG $4,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y DT810 lD724669TIA15 6/1/2015 6/1/2016 M B I N ffffli N L L Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL AUTOOS NED AUTOSULED BODILY INJURY (Per accident) $ HIRED AUTOS Ix NON -OWNED AUTOS X PROPERTY DAMAGE Per accident $ C X UMBRELLALIAB X OCCUR Y Y AUC5954963 -02 6/1/2015 611/2016 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N N / A Y DTKUB8D67064715 1/1/2015 1/1/2016 X PER OTH- STATUTE E E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEd $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below I E A Builders Risk Leased / Rented Equipment Y Y QT- 660- 9E103554- TIL -15 QT 660 78561767 6/25/2015 6/1/2015 7/31/2016 611/2016 Job Limit 9,044,625 275,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL Blanket Additional Insured Per Written Contract Form CGF2760603 GL Blanket Waiver of Subrogation Per Written Contract Form CGD3161111 Auto Blanket Additional Insured, Primary & Non - Contributory CAT4370808 Auto Blanket Waiver of Subrogation per Written Contract Form CAT9600605 UMB Blanket Additional Insured & Waiver of Subrogation Per Written Contract Form U- UMB103C CW WC Blanket Waiver of Subrogation Per Written Contract Form WC 00 03 13 (4 -84) See Attached... Collegetown Crossing, LLC 205 College Ave, #4 Ithaca, NY 14850 I IVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED EPRESENTATNE Q _t— �' ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HAYNO -1 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED M &T Insurance Agency (LIA) The Hayner Hoyt Corporation POLICYNUMSER 625 Erie Blvd West Syracuse NY 13204 -2424 CARRIER 7AIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Crossing LLC, J &W House and Tompkins Trust Company are included as Additional Insured and Loss Payee with respect to wn Crossing Project. r.wRV , u, tcuv01u-11 U Zoos ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD } W= "r- Qi o� _ d� o� o= COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) - NEW YORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY – CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED – (Section II) is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which cover- age is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liabfiity caused by "your work" for that additional insured. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not in- crease the limits stated in Section III – LIMITS OF INSURANCE. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage ", "personal injury' or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifica- tions; and c) This insurance does not apply to "bodily in- jury" or "property damage" caused by 'your work" included In the "products- completed operations hazard" unless you are required to provide such coverage for the additional in- sured by a written contract or written agree - ment in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such con- tract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I – Coverages) does not apply to you if the "bodily in- jury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, con- tingent or on any other basis unless a written con- tract or written agreement in effect during this pol- icy period and signed and executed by you prior to the loss for which coverage is sought specifi- cally requires that this insurance apply on a pri- mary or non - contributory basis. When this insur- ance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 6. As a condition of coverage, each additional insured must: II. Supervisory or inspection activities per- a.) Give us written notice of any "occurrence" or formed as part of any related architectural offense which may result in a claim and writ - or engineering activities. ten notice of "suit" as soon as reasonably possible. CG F2 76 06 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 2 COMMERCIAL GENERAL LIABILITY b.) Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the "suit," and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "Insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. Page 2 of 2 Copyright, The Travelers I ndemnity, Company, 2003 CO F2 76 06 03 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage ", "personal In- jury" or "advertising injury" arising out of such op- erations. The Insurance provided to such state or political subdivision does not apply to: a. Any "bodily Injury," "property damage," "per - sonal injury" or "advertising Injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily Injury" or "property damage" in- cluded in the "products - completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL; LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the In- surance provided under this Coverage Part to you or any insured listed In Paragraph 1. or 2. of Section !I —Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense .- 000688 (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are Individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense Is known by: 1 COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or-director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited It- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it. is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only it you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs a. (1) or (2) above discovers that the "ocourrence" or offense MY result in sums to which the Insurance provided under this Coverage Part may apoy. However, if this Coverage Part Includes an en- dorsement that provides Limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to ' us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following Is added to Paragraph S., Repre. sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon In issuing this policy will not preju- dice your rights under this insurance. However, this provision does. not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph B., Transfer (K) A partner or member of any part - Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ® 2011 The travelers Indemnity Company. All rights reserved. Page 5 of 6 Is known by you Of you are an individual), any of your partners or members who Is o� an Individual (if you are a partnership or joint venture), any of your managers who o is an individual (if you are a limited liability "executive company), any of your offi- cers!' or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. .- 000688 (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are Individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense Is known by: 1 COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or-director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited It- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it. is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only it you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs a. (1) or (2) above discovers that the "ocourrence" or offense MY result in sums to which the Insurance provided under this Coverage Part may apoy. However, if this Coverage Part Includes an en- dorsement that provides Limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to ' us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following Is added to Paragraph S., Repre. sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon In issuing this policy will not preju- dice your rights under this insurance. However, this provision does. not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph B., Transfer (K) A partner or member of any part - Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ® 2011 The travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed In a contract or agree- ment to waive that Insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily Injury" or "property damage" that oo- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" In the DEFINITIONS Section: I S. "Bodily injury" means bodily Injury, mental anguish, mental Injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from -any of these at any time. N. CONTRACTUAL LIABILITY— RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" In the DEFINI- TIONS Section. c. Any easement or license agreement; 2. Paragraph L(1) of the definition of "Insured contract" In the DEFINITIONS Section Is de- leted. Page 6 of 6 0 201 The Travelers indemnity company. An rights reserved. CO DS 1611 11 L� A NOTES n' 1) DATUM OF ELEVATIONS IS ASSUMED. LEGEND D REFERENCE MAPS. CONTOUR INTERVAL IS ONE FOOT. SANITARY SEWER MAIN 1.) RESURVEY OF NO. 307 COLLEGE AVENUE..." DATED DECEMBER 9, 2) ALL UTILITIES SHOWN HEREON ARE WATER MAIN 1922 BY GEORGE SCHLECHT. APPROXIMATE LOCATION ONLY AND OTHER GAS MAIN UMMES MAY EXIST THAT ARE NOT EVIDENT IN OVERHEAD UTILITIES 2.) ALTA/ACSM SURVEY MAP SHOWING PREMISES OF COLLEGE AVE THE FIELD. VERIFY LOCATION OF ALL UTILITIES STORM SEWER MAIN REALTY...' DATED MAY 19, 2003 BY T.G. MILLER P.C. PRIOR TO DESIGN AND /OR CONSTRUCTION. UNDERGROUND TELEPHONE CATCH 3.) SURVEY MAP No. 226 LINDEN AVENUE...' DATED SEPTEMBER 27, Cb WATER VALVE 994 BY T.G. MILLER P.C. TITLE INFORMATION 0 GAS VALVE FIRE HYDRANT 4.) SURVEY MAP NO.307 COLLEGE AVENUE AND NO.226 LINDEN J & W HOUSE 7 UTILITY POLE AVENUE" DATED 512812010 BY T.G. MILLER, P.C. 3 SIGN Instr. No. 512923-001 X EXISTING IRON PIPE JOSH & WILLIAM LOWER X EXISTING IRON PIN A CALCULATED POINT P10 DEED BOOK 786 PAGE 8 • SANITARY SEWER CLEANOUT TAX MAP PARCEL No. 64 -10 -15 ® PARKING METER AREA =12, 437 SQ. FT. TO S/L CITY OF ITHACA (R.O.) OR AREA =0.285 ACRES .4 . 563/671 TOM., NNU TOP OF "1' BEAM AT END OF METAL GUARD RAIL No. 9 RRE STATION " ELEVATION-100.00' (ASSUMED) LEDGER. (R 0.) .:: 547/773 $ BOUNDARY . CONCRETE NULL � pp' S *'� Hb ELECTRIC WAN VAULT N 89'4012" E 110.08' y RR. SPNf 17.40' I Q \ \ N �9 58'46" E co ro HOIJSE NO PAN= X15 f' m $ GARAGE Q ARIA \ aox�ErE -- - -- _ — OMMME MLLE — -- m N Sir 1'43" E ELF�TRlC `1 ,1 A' I i� rANe oLe 2 STORY\ , I`I ,a BLOCK BUILDING W �No. 307 CATCH ❑ ' W Q .. i. Ij 13 �� I /A�9elNLiJ w • E�B5.B' t ` Q4 I ( •° ' L>Ll G! \ II I E�10f.5' t LI.I Z-) NI-3b� '� I �� E�W.i' 1 I 'B —Pb' l I Q N � ♦i •� 1 I W I , Y 12 1 93. ------------ ASPIMLT ORW 7 \ 8 Poftw SIN I / ! I 3 4 A94ALT p1RB_MY_7 TO.00' ��1! L 1! ae7ElEa!_k I - am � ,� SO= OF COR .. 102 1� • E Iro n S 89'57'10" '4` 1� '18 -2b" "R-3b" H \ OUSE �4 STORY,BUILDlNG \ \� \� ` 9• No. 301 ' LEDGER (R.O.) 5001853 NwwX� Auowlou or TN6 uw ror COLLEGE AVE. REALTY (R.O.) woo°; Ne 6991161 Ep rNX "" NE m«NB FD rn ua. MI. dERnnwnoxs NEREQV IN@'VNA ION 1116 LlSI NID faPES RR W ONLY IF SIX) Oft C�FS RFI N.P R TE IMRRFSXION SEN 6 TIE IICYIlSID Wlp Isi YHOSE 91G11XTUR APPEMg HEREON. CERTIFICATION T 1 TITLE: JOSH LOWER I hereby certify to 12 D 12 24 36 [ 7 BOUNDARY & TOPOGRAPHIC SURVEY NO.307 COLLEGE AVENUE that I am a licensed loud surveyor, New York State License _ No.050096, and that this map correctly delineates on t actual survey on the ground made by me or under direct T. G. MILLER P.C. AND supervision and that I found no visible encroachments s either Scale 1 " 12' ENGINEERS AND SURVEYORS N0.226 LINDEN AVENUE way across property lines except as shown hereon. — 2063 NORTA AURORA STREET CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK SIGNED: DATED: TEL 607 YORK 147 TEL (607)472 -8477 [6�3 : /X �15/L010 ^ —�2' 310454 j W Q W LLJ U O i i I TBM: TOP OF "I" BEAM AT END iOF METAL GUARD RAIL ELEVATION= 100.00' (ASSUI Md A 9 a Ni EL: 94.5 WAU & am, H H Planting Schedule Symbol Botanical Name Common Name Size Container Amount Cs Cornus san uinea 'Winter Flame' Bloodtwi Dogwood #5 t 8 D Deutzia racilis 'Nikko' Slender Deutzia #3 t 6 Hi Hamame!!s x intermedia Diane' Witch hazel Diane #5 t 2 Iv Itea vl lnlana 'Little Hen Virginia Sweets ire #3 t 6 ]c Jun1 erus chlnensis 'Gold Coast' Gold Coast Juniper #3 at 6 W Kalmla lat/folla EIP Mountain Laurel Elf #3 of 12 Md Micro6iota decussate Siberian Cypress #2 t 37 Pleris a nice 'Mountain Fire' ]a anese Pierls #5 t 4 Symbol Botanical Name Common Name Size Container Amount Cs Cornus san uinea 'Winter Flame' Bloodtwi Dogwood #5 t 8 D Deutzia racilis 'Nikko' Slender Deutzia #3 t 6 Hi Hamame!!s x intermedia Diane' Witch hazel Diane #5 t 2 Iv Itea vl lnlana 'Little Hen Virginia Sweets ire #3 t 6 ]c Jun1 erus chlnensis 'Gold Coast' Gold Coast Juniper #3 at 6 W Kalmla lat/folla EIP Mountain Laurel Elf #3 of 12 Md Micro6iota decussate Siberian Cypress #2 t 37 Pleris a nice 'Mountain Fire' ]a anese Pierls #5 t 4 I r. f vEalatn.e LOGY r —� GREENSM H NOTES: CITY OF ITHACA (R.O.) 563/67] No. 9 FIRE STATION EP L4UNDW aMCEn , ,E NO I WLLL ,m H H 1. ALL STRUCTURALAND HARDSCAPE IMPROVEMENTS SHALL BE DONE PRIOR TO PLANTING. 2. CONTRACTOR IS RESPONSIBLE FOR VERIFYING PLANT MATERIAL, SPECIES, AND QUANTITY. ALL SUBSTITUTIONS MUST BE SUBMITTED TO PROJECT LANDSCAPE DESIGNER FOR APPROVAL, 3. ALL WOODYAND HERBACEOUS PLANT TO COMPLY WITH APPLICABLE REQUIREMENTS OF ANSI 280.1 AMERICAN NURSERY STOCW. 4.2" TO X OF MULCH IS TO BE SPREAD ON NEW PLAN71NO BEDS AFTER PLANTING. MULCH MUST NOT TOUCH TREE TRUNKS AND SHRUB BASE LEAVE 1° TO 2- FROM TRUNKS AND SHRUB BASE. S. PORTABLE BLADDERS ARE TO BE USED TO IRRIGATE NEW PLANTINGS. BLADDERS ARE TO BE CHECKED ROUTINELY UNTILTHE PLANTS ESTABLISH, TYPICALLY DURING THE FIRST GROWING SEASON. 8. FOR PLANTING OFALL PLANTS, REFER TO PLANTING DETAILS ON SHEET L -401. T. ALL DIMENSION DISTANCES ARE ATAWANGLE FROM REFERENCE POINTS NOTES: DRAIMNG BASED ON SURVEY DATED JULY 15, 2010 BYT.G.MILLJER P.C., LICENSED ENGINEERS 6 SURVEYORS On ■■ ZONING ■■ © q p md.�.o, �f11PAO6d�`O66F�aYJL'7C:l .•r Ica ONE 918 ■■■■■■■ ■I■ ■Milli INS. �,,6 � ° • ■ ■ ■ ■ ■ ■ ■ ■ ■ ■�I� ■ ■��I ■Ii iii' ■ ■ ■ ■ ■ ■ ■r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■� ■ ■ ■�i�l ■ ■1 ■N= ■ ■ ■ ■ ■= =� ■ ■ ■ ■ ■ ■ ■I / ■ ■■ ■III ■ ■ ■N ■ ■ ■ ■ ■ ■ ■_ \ ■■ ■ ■ ■ ► \ ■ ■ ■ ■ ■I ■ ■ ■N ■ ■ ■ ■ ■ ■ ■__ Lu- LU mom LU Uj .m III, 115 - milli mom IN REVINO S: MwTrn& PLANTING PLAN 0R• DR,r} 20' DMNa L301 SCALE 9A. Award of Contract for 2015 Road Construction — North Cavuga Street / Giles Street — Capital Project 803 — Resolution WHEREAS, one bid was received on June 18, 2015 for 2015 Road Construction — North Cayuga Street / Giles Street for general construction and, WHEREAS, the Common Council established Capital Project 804 for 2015 Road Construction and, WHEREAS, Bothar Construction, LLC, 170 East Service Road, Binghamton, NY submitted the only qualified responsible bid for general construction work, now be it, RESOLVED, That the contract for 2015 Road Construction is awarded to Bothar Construction, LLC, 170 East Service Road, Binghamton, NY for North Cayuga Street — Segment A and Giles Street — Segment B based upon its bid of $654,185.60, and be it further, RESOLVED, That the Mayor be and hereby is authorized to execute the contract for 2015 Road Construction, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Page 4 rill-T71 To: From Date: Re: CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850 -5690 OFFICE OF THE CITY ENGINEER Telephone: 607/274 -6530 Fax: 607/274 -6587 Board of Public Works Tom West, Director of Engineering July 21, 2015 Recommendation for Award of Contract, CP 803, 2015 Road Construction On June 18, 2015, bids were opened for the 2015 Road. Construction project, Capital Project #803. One bid was received. This is a recommendation to award contract to Bothar Construction. This project entails milling and paving North Cayuga Street from Cascadilla Creek northerly to Lincoln Street and Giles Street from Columbia Street to East State / Martin Luther King Jr. Street. Both street segments are in poor condition. The contractor will be directed to make full depth repairs on some portions of each street. In addition, North Cayuga Street will be striped to accommodate a bicycle lane and Giles Street will receive some under - drain. Late in the bid period it was noted that the quantities for North Cayuga Street segment were incorrect; significant work items were severely underestimated. The sole bidder recognized that these quantities would undoubtedly be greater than estimated and submitted very high unit prices for them. In consultation with the City Attorney we determined that the City could negotiate an adjustment to the unit prices as long as we did not change the scope of the project. Bothar Construction has submitted adjusted unit prices for the North Cayuga Street segment. (See attached bid tab with initial and adjusted numbers.) Based upon these units and the adjusted prices, and that Bothar was the only bidder, I recommend award of contract to Bothar Construction. If you have any questions, you can reach me at 327 -0710 or tomw @cityofithaca.org. "An Equal Opportunity Employer with a commitment to workforce diversification." 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J J W U J J J J J 69 HJ I WIZ NINId N gi OISIgig QIQI QIH .1 100110 $ tl SIO b mlbl 9B. Award of Bid for Safe Routes to School Proiect — Resolution WHEREAS, one bid was received on July 10, 2015 for the Ithaca Safe Routes to School Project, CP 786, PIN 375564, and WHEREAS, staff has reviewed the bid received and made a recommendation for award, and WHEREAS, the New York State Department of Transportation has not yet authorized the City of Ithaca to award contract for this project, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract, contingent on NYSDOT authorization to award, for the Ithaca Safe Routes to School Project, CP 786, PIN 375564, to Nelson and Streeter Construction Co. Inc, P.O. Box 184, Pine City, NY for their bid meeting specifications of $214,270 and be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to execute this contract and to administer the same. Page 5 CITY Y Obi I'I HACA 108 East Green Strcct Ithaca, New York 14850 -5690 of -r1G3 e 'rift; (,17Y ENGINEER 'telephone: 607/274 -6530 Fax: 607127* -087 0: Board of Public Works ROM: Kent Johnson, Junior Transportation Erigineer KO?- Safe Routes to School project bid received - recommendation I)A7 .: juiv _20, 20! 5 Summary: Oil July 10''', one bid was received for the Safe Routes to School (SRTS) project (CP #786. PIN "755t)4). To stay within our available budget, our consulting engineer, our NYSDOT contact, the I idder, and staff have rriutually agreed upor: a changu order to be enacted followin; tlw. aviard of the contract. 1 am recommending that the Board award the contract, based on the original bid of $214,2'70. The subsequent change order will bring the total contract amount down to $167,617. Details: The bid totaled $214,270, which is about $40,000 over the amount that we can seek federal reimbursement for ($175,000 is the maximum federal funding available for this portion of the SRTS project). After considering a few options, the best approach seems to be to utilize a different type of driver speed feedback sign that costs significantly less, yet still provides the _v 'Fcuictionality. The bidder has calculated that substituting these items will lower the total cost to $167,617. This total fits within our available project budget. Our consulting engineer, our NYSDOT contact, the bidder, and staff support this approach. O ar NYSDOT eonwict has indicate(] that the contract niust lie awarded for the amount originally bid ($214,2270). After the award is made, a change order may be issued to select the lower cost driver speed feedback signs; which would then reduce the project cost to the $167,617 amount. The SRTS Capital Project currently has a balance of $254,922, though it is our intention to not spend more than $175,000 on this phase of the project so that 100% of the project cost will be eligible for federal reimbursement. So, sufficient funding is available for the Beard to award tile: contract at the $214,270 amount. The contract amount will be reduced to $167,617 after 4c,-. change order is issued. Recommendation: I am recommending that the Board of Public Works award the contract to the bidder, Nelson & Streeter Construction Co. Inc., at she July 27"' BPW meeting in accordance with the approach mentioned above based on their bid amount of $214.2.70. C 10 R 'O d U C C g g D O 0 % 7 c o O O O O 0 00 $ 00 $ oo 0 p $ 0 O 0 o 0 cc 0 0 O 0 0 0 0 0 0 0 0 0 o S 0$ o o m $ y VO 0 O p 0 O N N 0 O O O O O O l0 p w O O O {O p 1p O O S O S O O N O O 0 Y1 0 0 O 0 Ij lO �d N O 01 O D7 N N tO l71 OD O1 N OD O N ~ N ~ N N -1 N b ~ l0 f0 F� O H N .o ate+ f. 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W W d m P- Z C C Z Z Z Z W Z O ~ LL Z Z d Z N h 2 2 2 2 2 [L o p t0 7 g W O d O J d H f- r J_ H g C N O Z N Oc g O g F F f- O ~ J J 0. {yy��� 1Ni1 V1 m LA yH� F N z Z W W W O W^ LL O cc L a F- Vf N J J `� J; Stewart Park Pavilion reservation Stewart Park Pavilion reservation John Arsenault Sent: Monday, July 13, 2015 2:35 PM To: Michael Thorne; Kathy (Gehring) Servoss CC: Donna Hansen; John Joly Categories: BPW All, https : / /mail.cityofithaca.org /owa/ ?ae= Item &t= IPM.Note &id= RgA... I am Officer John Arsenault with the IPD and I am requesting the exclusive use of the large pavilion at Stewart Park on Saturday Sept 19 for our Police Union (PBA) Family Bake. Our hours would be from 0900ish to 1800ish. In addition I am requesting the City Board of Public Works waive the exclusive pavilion fee of $180.00 for that day. Thanks you in advance Officer John Arsenault Ithaca PBA 120 E Clinton St Ithaca, NY 14850 607 - 227 -3136 1 of 1 7/22/2015 12:25 PM CITY OF ITHACA 108 Fast Green Street, Suite 202 Ithaca, New York 14850 -5690 ORIGE O THE CUlY LNGINFJ R Telephone: f-s07,�'274 -6530 F2x. 607/274 -6587 To: Board of Public Works i=rom: Eric Hathaway, Sidewalk Program Manager; Date: 7.'21!2015 Re: 2016 Sidewalk Improvement District Work Plan and Budget Attached for your review are the draft 2016 Sidewalk Improvement District (SID) work plan and budget. A link to the 2016 assessment role is also provided here, as the document is too large to attach ( mm.citvofithaca.2MQ016SIDPlan). Today's meeting functions as a public hearing on the 2016 Sidewalk Improvement District assessment role, budget and work plan. At your August 10 meeting, I will request your approval to file a schedule of work and budget with Common Council. The 2016 Work Plan budget was created based on the aforementioned assessment role and reflects all credits for past work that were received before the May 1, 2015 application deadline. The costs for each sidewalk project are estimates based. on anticipated quantities of work, as well as unit prices from past sidewalk contracts. Final quantities of work performed will be dictated by bid prices received and field conditions, which could increase or decrease the amount of work completed in the 2016 work plan. It is possible that issues unknown at this time might arise that will prevent some of these construction projects from moving forward during the 2016 construction season. Conflicts with other construction projects might necessitate cancelation or postponement of planned sidewalk work. Ongoing design efforts might iderntify constriction barriers that will impact costs or make some projects technically infeasible. The Osmun Place (SID 3) and East Spencer Street (SID 4) projects included in the attached work plan are being considered for capital project funding in 2016, as both sidewalk projects require retaining wall improvements. The cost estimates included in the attached work plan account only for the sidewalk work and not the required structural improvements. An Equal Opportunity Employer with a commitment to workforce divvrsificati rxm.` July 21, 2015 In the event that the capital projects are not funded in 2016, consideration must be given to financing this work through the sidewalk program or postponing the work. The estimated cost of the Osmun Place project is approximately $450,000, or roughly 2 years of the SID 3 construction budget. The estimated cost of the East Spencer Street work is approximately $230,000, or roughly 2 years of the SID 4 construction budget. SID 4 is currently financing $150,000 of costs for the sidewalk work along Old Elmira Road over the next 15 years. I would like to discuss the following options with you: Apply for capital funding again in 2017 and postpone the sidewalk improvements "' Finance one or both projects, similar to the Old Elmira Road sidewalk improvements Use the entire sidewalk program construction budget for these projects over a roughly 2 year period To proactively address any of the above potential construction issues and cost uncertainty, attached is a contingency list of construction projects in each sidewalk district. These projects could replace locations in the work plan, if needed, or add to the project list if additional budget is available based on bid prices. We will request your approval of these projects at your August 1& meeting as a contingency to the proposed 2016 work plan. 0 Draft 2016 Sidewalk Work Plan ON OD V) 01 O O N O 000 lCDn N O P O 00 O M 000 'MD O M m r�i L� G O n 000 O h e� N In M O cq O 6s 6s Ef} y} V1. 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Determination of Public Works Purpose for 719 -25 South Meadow Street - Proposed Resolution WHEREAS, Texas Roadhouse Holdings LLC plans to construct a restaurant at 719 -725 South Meadow Street ( "Restaurant ") pursuant to a lease with a term of thirty years, and WHEREAS, a 1951 deed refers to the right of the City to demand that a 16- foot -strip of land on the south end of that property be conveyed to the City "for street purposes ", and WHEREAS, the City has not previously demanded that the strip of land be conveyed to the City, and the Superintendent of Public Works has no plans to use the strip of land for street purposes, and WHEREAS, the Restaurant is to be constructed in part on that area, and Texas Roadhouse desires to secure a commitment from the City to temporarily relinquish its right to require that a portion of the land be deeded to the City while the Restaurant is in operation in exchange for fair value, now therefore be it RESOLVED, That the Board finds that the portion of the property reflected on the attached exhibit has no current public works purpose. Page 6 To: From: Date: Subject: CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -6590 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Robert A. Sarachan, Assistant City Attorney Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM Board of Public Works Jared Pittman, Assistant City Attorney July 21, 2015 Temporary Relinquishment of City Right -of -Way Telephone: 607/274 -6504 Fax: 607/274 -6507 Texas Roadhouse Holdings LLC is scheduled to begin construction of a restaurant located in the commercial complex at 719 -725 South Meadow Street this fall; its initial leasehold is for thirty years. A 1951 deed refers to the right of the City to demand that a 16- foot -wide strip of land on the south end of the property be conveyed to the City "for street purposes," but this has never been done, and there are no plans to demand that this land be conveyed to the City for street purposes. The proposed restaurant will be built in part on this area, and Texas Roadhouse has agreed to pay the City $33,862.58 (a valuation derived from the net present value of thirty years of license fees for the area depicted on the attached map) in exchange for the City's temporarily relinquishing its right to demand conveyance of that portion of the property while the restaurant is in operation. While only Common Council has the authority to enter into the agreement sought by Texas Roadhouse, the Board must determine whether the area depicted on the attached exhibit has a current public works purpose. The Superintendent of Public Works and Director of Engineering believe that it does not, and support the attached resolution. jibf A ®�F ec ws �� 0 W 8eeAO a fag �� 'S ■ 6 oy 1. T