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HomeMy WebLinkAbout10-26-15 Board of Public Works Meeting AgendaBPW MDATE: October 26, 2015 TIME: 4:45 pm LOCATION: 3rd Floor, 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 -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 A. Water Treatment Plant Project Update No Civil Eng. Sledjeski 15 min. Per the Mayor's request, Matt will provide an update on the project, including budget, schedule and when the City will need to get water from Bolton Point and Cornell University. 7. Administration & Communications A. Approval of Meeting Minutes Yes Mayor Myrick 5 min. 1. September 28, 2015 Meeting Minutes 8. Buildings, Properties, Refuse & Transit A. Resolution to Establish Fees for the Use of the Yes Dir. of Eng. West 5 min. Commons Telecommunication System Space Enclosed is the draft agreement for Finger Lakes Technologies for the Board's approval. 9. Highways, Streets & Sidewalks A. Proposed Resolution to Declare BPW Lead Yes City Attorney Lavine 5 min. Agency for purposes of Environmental Review of the Discontinuance of the Northern Section of Lake Avenue and Eastern Portion of Adams Street and Referral to Planning Board for Report on the Proposed Discontinuance The resolution reflects the Board's discussion on October 5, 2015. 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items A. Request for Variance regarding Water & Sewer No Supt. Thorne 10 min. Lines Joseph Steuer, owner of 701 and 705 North Aurora Street, has submitted a request for variance to run water lines across his property. Time Topic Voting? Presenter(s) Allowed B. Potential Fence Donation for Stewart Park No Diana Riesman 10 min. Carousel Diana Riesman will present a proposal for a fence for the Stewart Park Carousel. C. Curb Realignment Proposal for Dryden Road No Dir. of Eng. West 15 min. Staff is recommending a curb realignment for the 200 block of Dryden Road, between College Avenue and Linden Avenue. D. Fencing for Ithaca Falls No Supt. Thorne 10 min. The EPA will be installing a fence at the Ithaca Falls. E. Proposed Commons Use Rental Fees No Supt. Thorne 10 min. The Commons Advisory Board is recommending the attached fees for the Commons. 14. New Business 15. Adjournment Page 2 f�[•7 Yes 8A. Resolution to Establish Fees for the Use of the Commons Telecommunication System Saace WHEREAS, as part of the Commons Project, the City installed a comprehensive structure to facilitate installation of telecommunications equipment by multiple providers; and WHEREAS, the City is interested in licensing space within the Commons conduit structure to interested telecommunication providers; and WHEREAS, Chapter 170 establishes the Board of Public Works' authority to issue licenses and set fees for uses of City -owned structures; and WHEREAS, the Board of Public Works has received one request to use such conduit structure and believes that other telecom providers may express interest in use the Commons conduit structure, and therefore wishes to set forth a fee structure for licenses of conduit on the Commons; and WHEREAS, the Board has reviewed staffs proposal to base the license fee on the City's costs of constructing and installing the Commons. telecommunication system space structure, and the Board is supportive of this approach, and now therefore be it RESOLVED, The Board of Public Works hereby sets forth the following annual license fee structure for use of the Commons telecommunication system space: $1.48 per linear foot of dedicated 4 inch conduit; Each dedicated conduit line licensed shall include a license to use up to 2.25 square feet of wall space in a corresponding vault; $0.48 per linear foot of shared 4 inch conduit; and RESOLVED, The annual use fee set forth above shall be considered the base license fee for use of Commons Telecommunication space, and that at the City's discretion, the same may be adjusted for each year by an amount up to the amount of the increase in the consumer price index; and RESOLVED, That the license agreement allowing said use of City -owned structure shall contain the usual terms and conditions of the City's license agreement, including those specified in Chapter 170 of the City's Municipal Code. Page 3 LICENSE AGREEMENT THIS AGREEMENT, entered into on this day of , , between CITY OF ITI ACA., (hereinafter "the CITY "), having its principal office at 108 East Green Street, Ithaca, New York and Finger Lakes Technologies Group, Inc., a corporation (partnership, or other legal entity) organized and existing under the laws of the State of New York, having its principal office at 7890 Lehigh Crossing, Victor, New York 14564 (hereinafter "LICENSEE "). WITNESSETH: WHEREAS, LICENSEE desires to place and maintain underground cables and equipment in the Conduits and Vaults of the CITY; and WHEREAS, the CITY is willing to permit the placement of said cables and equipment on or within the CITY's structures on the terms and conditions set forth herein; 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 of CITY property, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties do hereby mutually covenant and agree as follows: ARTICLE I - DEFINITIONS As used in this Agreement, the following terms shall have the meanings stated below. 1.1 Conduit - A tube structure, four inches in diameter, containing one or more ducts or inner- ducts used to house cables, that is owned by the CITY and with respect to which the CITY has the right to authorize the occupancy of LICENSEE's Facilities. a. Dedicated Conduit, as that term is used in this agreement, shall mean any conduit running between two Vaults and is solely occupied by one licensing entity. b. Shared Conduit or Service Conduit, as these terms may be used in this agreement, shall mean any conduit running between a Vault to a building and may be shared by three or more licensing entities. 1.2 LICENSEE's Facilities - All facilities, including but not limited to cables, equipment and associated hardware, owned and utilized by LICENSEE, which occupy a Conduit and/or Vault. 1.3 Vault - A subsurface enclosure used for the purpose of installing, operating and maintaining facilities, that is owned by the CITY and with respect to which the CITY has the right to authorize the occupancy of LICENSEE's Facilities. 1.4 City Structures — Referring to Conduit and/or Vault, that is owned by the CITY and with respect to which the CITY has the right to authorize the occupancy of LICENSEE's Facilities. ARTICLE II - SCOPE 2.1 Subject to the provisions of this Agreement, for licenses granted by the CITY in accordance with Article VI Issuance of Licenses, below, the CITY hereby grants to LICENSEE a nonexclusive license authorizing the placement of LICENSEE's Facilities in the City Structures as follows: LICENSEE may occupy 1 dedicated conduit(s) measuring 342 linear feet long and shared conduit 93 linear feet long; LICENSEE may occupy one 2.25 square feet of wall space per dedicated conduit licensed; and The City Structures that are licensed under this agreement are depicted in the diagram labeled Schedule A, which is attached and incorporated into this agreement. 2.2 No use, however extended, of the City Structures, or payment of any fees or charges required under this Agreement, shall create or vest in LICENSEE any easements or any other ownership or property rights of any nature in such City Structures. LICENSEE's rights herein shall be and remain a mere license. Neither this Agreement nor any license granted hereunder shall constitute an assignment of any of the CITY's rights to use the property at locations of the City Structures. ARTICLE III - FEES AND CHARGES 3.1 This Agreement 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 $550.78. 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 is comprised of $1.48 per linear foot of Dedicated Conduit and $0.48 per linear foot of Shared Conduit. For purposes of this agreement, the annual use fee for the first year shall be $229.49 which has been pro- rated to account for actual use between November 1, 2015 — March 31, 2016 In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by CITY by an amount up to the rate of any increase in the consumer price index since the previous year. Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the Use Fee at any time, if the linear footage of space 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 premises are reclassified by Tompkins County as taxable, a proportionate amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due. ARTICLE IV - SPECIFICATIONS 4.1 LICENSEE's Facilities shall be placed and maintained in accordance with the requirements and specifications of applicable law, and the requirements and specifications of the following publications, as amended from time -to -time: the Manual of Construction Procedures (Blue Book), the National Electrical Code (NEC), and the National Electrical Safety Code (NESC), the rules and regulations of the Occupational Safety and Health Act (OSHA), and the regulations or directives of a governing authority having jurisdiction over the subject matter. Where a difference in requirements or specifications may exist, the more stringent shall apply. 4.2 LICENSEE shall correct all safety violations immediately upon notice from the CITY. LICENSEE shall correct all other non - standard conditions within thirty (30) days from receipt of written notice from the CITY. If LICENSEE does not correct any violation or non - standard condition within the aforementioned time limits, the CITY may at its option correct said violations or conditions at LICENSEE's sole expense and risk. 4.3 Notwithstanding Paragraph 4.2 of this Article, when conditions created by LICENSEE's Facilities pose an immediate threat to the safety of the public or the employees of the CITY or other occupants, interfere with the performance of the CITY's service obligations or the service obligations of other occupants, or pose an immediate threat to the physical integrity of the CITY's facilities or structures or the facilities or structures of other occupants, the CITY may perform such work and/or take such action as it deems necessary using reasonable care without first giving written notice to LICENSEE. As soon as practical thereafter, the CITY will advise LICENSEE in writing of the work performed or the action taken. LICENSEE shall pay the CITY for all reasonable costs incurred by the CITY in performing such work. 4.4 The failure of the CITY to notify LICENSEE of violations or non - standard conditions or to correct violations or non - standard conditions pursuant to Paragraph 4.2 or Paragraph 4.3 of this Article shall not relieve LICENSEE of its responsibility to place and maintain its Facilities in a safe manner and condition in accordance with the terms of this Agreement, and shall not relieve LICENSEE of any liability imposed by this Agreement. ARTICLE V - LEGAL REQUIREMENTS 5.1 Before LICENSEE's Facilities occupy the Licensed City Structures, LICENSEE shall be responsible for obtaining from appropriate public and private property owners and authorities any authorization required to construct, operate and maintain LICENSEE's Facilities. Evidence of LICENSEE's having obtained lawful authority to so construct, operate and maintain LICENSEE's Facilities shall be submitted to the CITY forthwith upon demand by the CITY. 5.2 No license granted under this Agreement shall extend to any City Structures where the placement of LICENSEE's Facilities would result in a forfeiture of rights of the CITY or the CITY's existing occupants to occupy the property on which such City Structures are located. If the existence of LICENSEE's Facilities in a City Structure would cause a forfeiture of the right of the CITY or the CITY's existing occupants to occupy the property on which the City Structure is located, LICENSEE agrees to remove LICENSEE's Facilities forthwith upon receipt of written notification from the CITY. If LICENSEE's Facilities are not so removed, the CITY may perform or have performed such removal after the expiration of 60 days from the receipt of said written notification. All removals of LICENSEE's Facilities shall be at LICENSEE's expense. 5.3 The LICENSEE will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant because of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight. ARTICLE VI - ISSUANCE OF LICENSES 6.1 If within twelve (12) months from the date a license is granted by the CITY, LICENSEE shall not at a minimum have initiated material construction or similar activity related to its occupation, LICENSEE's license for the applicable City Structures shall automatically terminate and LICENSEE shall remove any Facilities installed as of such date in accordance with the provisions of Section 7.8. LICENSEE shall be liable for use or occupancy charges commencing the date of the license grant. ARTICLE VII - CONSTRUCTION, MAINTENANCE AND REMOVAL OF LICENSEE'S FACILITIES 7.1 LICENSEE shall, at its own expense, install and maintain its Facilities in the City Structures covered by this Agreement, in a safe condition and in a manner acceptable to the CITY, so as not to physically conflict or electrically interfere with the facilities of the CITY or other authorized occupants. 7.2 LICENSEE must obtain prior written authorization from the CITY approving of the work and the party performing such work before LICENSEE may install, remove, or provide maintenance of its Facilities in any of the Licensed City Structures. 7.3 In each instance where LICENSEE's Facilities are to be placed in the City Structures, LICENSEE and the CITY shall discuss the placement of LICENSEE's Facilities. The CITY shall designate the particular duct(s) to be occupied, the location and manner in which LICENSEE's Facilities will enter and exit the CITY's Conduit system, and the specific location and manner of installation for any associated equipment which is permitted by the CITY to occupy the Conduit system. 7.4 If LICENSEE requests any modification, alteration or rearrangement of City Structures, LICENSEE shall reimburse the CITY for the cost of such modification, alteration or rearrangement. 7.5 Whenever the CITY intends to modify or alter any City Structures which contain LICENSEE's Facilities, the CITY shall provide written notification to LICENSEE at least sixty (60) days prior to taking such action so that LICENSEE may have a reasonable opportunity to add to or modify LICENSEE's Facilities. If LICENSEE adds to or modifies LICENSEE's Facilities according to this paragraph, LICENSEE shall bear a proportionate share of the costs incurred by the CITY in making modifications or alterations to the City Structures. 7.6 LICENSEE shall be notified in writing at least sixty (60) days prior to any modification that will result in the rearrangement or replacement of LICENSEE's Facilities. LICENSEE agrees to make such rearrangements or replacements of LICENSEE's Facilities as are reasonably requested by the CITY or other attachers or occupants to accommodate the attachment or placement of the facilities of the CITY or other attachers or occupants. The CITY shall not be obligated to reimburse LICENSEE for any costs incurred by LICENSEE for a rearrangement or replacement of LICENSEE's Facilities to the extent such rearrangement or replacement was sought by persons other than the CITY. 7.7 The CITY's Vaults shall be opened only as permitted by the CITY's authorized employees or agents. 7.8 LICENSEE, at its expense, will remove its Facilities from the City Structures within 60 days after: a) Termination of the license covering occupancy of the City Structures, in accordance with the terms of this Agreement; or b) The date LICENSEE replaces its existing Facilities in one Duct with the placement of substitute Facilities in another Duct. 7.9 LICENSEE shall remain liable for and pay to the CITY all fees and charges pursuant to provisions of this Agreement for any occupancy of a City Structure that continues after the termination of the license for such attachment or occupancy. 7.10 If LICENSEE fails to remove its Facilities within the specified period, the CITY shall have the right to remove such facilities at LICENSEE's expense without any liability on the part of the CITY for damage to such facilities and the CITY may charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge). 7.11 When LICENSEE's Facilities are removed from a City Structure, no occupancy of such City Structure shall be made until: a) LICENSEE has first complied with all of the provisions of this Agreement as though no occupancy had previously been made of the City Structure, and b) All outstanding charges or other obligations of the parties under this agreement due the CITY for such previous occupancy have been paid in full. 7.12 LICENSEE shall advise the CITY in writing as to the date on which the removal of its Facilities from each City Structure has been completed. ARTICLE VIII - TERMINATION OF LICENSES 8.1 Any license issued under this Agreement shall automatically terminate when LICENSEE ceases to have authority to construct and operate its Facilities on public or private property at the location of the particular City Structure covered by the license. 8.2 In addition to any other right to terminate LICENSEE's license to occupy a City Structure that the CITY may have under this Agreement, the CITY may, upon sixty (60) days advance written notice, terminate LICENSEE's license to occupy the City Structure. ARTICLE IX - INSPECTION OF LICENSEE'S FACILITIES 9.1 The parties understand that in the CITY's sole discretion, post- installation inspections may be performed by the CITY at the sole expense of LICENSEE to ensure that LICENSEE's attachments, installations or other work has been performed in accordance with all applicable requirements. 9.2 The CITY will notify, in writing, of all discrepancies and deviations from standard construction and/or installation that must be corrected within ten (10) business days from such notice. LICENSEE will be notified immediately by the CITY if the condition is a safety hazard and must be corrected within 24 hours. 9.3 If LICENSEE fails to correct non - standard conditions and/or safety hazards within the established time frame (as indicated in 9.2), the CITY shall have the right to have discrepancies corrected or have such facilities removed at LICENSEE's expense and without any liability on the part of the CITY for damage to such facilities unless caused by the negligent or intentional acts of the CITY. 9.4 Thereafter, the CITY reserves the right to make reasonable periodic inspections at its own expense of any part of LICENSEE's Facilities occupying the City Structures, provided that LICENSEE shall bear such expenses in the event more frequent inspections are required due to material non - conformances by LICENSEE that are found by the CITY. 9.5 The CITY will give LICENSEE advance written notice of such inspections, except in those instances where the CITY determines that safety considerations justify the need for such an inspection without the delay of waiting until a written notice has been forwarded to LICENSEE. 9.6 The making of inspections or the failure to do so shall not operate to impose upon the CITY any liability of any kind whatsoever nor relieve LICENSEE of any responsibility, obligations or liability assumed under this Agreement. ARTICLE X - UNAUTHORIZED ATTACHMENT, UTILIZATION, OR OCCUPANCY 10.1 If any of LICENSEE's Facilities shall be found attached to poles, or occupying the City's Conduit, Vaults or right of way or other unauthorized use of City property, for which no license has been granted, the CITY without prejudice to its other rights or remedies under this Agreement or at law or in equity may require LICENSEE to submit a license application within fifteen (15) days after receipt of written notification from the CITY of the unauthorized Attachment or occupancy. If such application is not received by the CITY within the specified time period, LICENSEE may be required to remove its unauthorized attachment or occupancy, or the CITY may, at the CITY's option, remove LICENSEE's Facilities at LICENSEE's sole expense and risk. In addition, LICENSEE shall pay any unauthorized attachment or occupancy charges. 10.2 No act or failure to act by the CITY with regard to said unlicensed use shall be deemed as a ratification of the unlicensed use; and if any license should be subsequently issued, said license shall not operate retroactively or constitute a waiver by the CITY of any of its rights or privileges under this Agreement or otherwise; provided, however, that LICENSEE shall be subject to all liabilities, obligations and responsibilities of this Agreement in regard to said unauthorized use from its inception. ARTICLE XI — LIABILITY, DAMAGES, INSURANCE, AND SURETY REQUIREMENTS 11.1 LICENSEE shall exercise reasonable care to avoid damaging the Facilities of the CITY and of others occupying City Structures, and shall make an immediate report of damage to the owner of facilities so damaged. LICENSEE assumes all responsibility for any and all direct loss from damage caused by LICENSEE's employees, agents or contractors. 11.2 LICENSEE shall indemnify, protect and save harmless the CITY from and against any and all claims, demands, causes of actions and costs, including attorneys' fees, for damages to property and injury or death to LICENSEE's employees or other persons, including but not limited to, payments under any Workers Compensation law or under any plan for employee's disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of LICENSEE's Facilities or by their proximity to the Facilities of all parties placed in the City Structure, or by any act or omission of the LICENSEE's employees, agents or contractors on or in the vicinity of the City Structures. 11.3 The LICENSEE shall indemnify, protect and save harmless the CITY from any and all claims, demands, causes of action and costs, including attorneys' fees, which arise directly or indirectly from the construction, attachment or operation of LICENSEE's Facilities on the City Structures including specifically, but not limited to Conduits, Vaults, or rights of way, including but not limited to damages, costs and expense of relocating poles or Conduits due to the loss of right -of -way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys' fees, for infringement of patents with respect to the manufacture, use and operation of LICENSEE's Facilities in combination with poles, Conduits, Vaults, rights of way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of the CITY. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of LICENSEE and the CITY, but in such case the amount of the claim for which the CITY is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of LICENSEE. 11.4 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 11.5 The provisions of this Article shall survive the expiration or earlier termination of this Agreement or any license issued there under. 11.6 LICENSEE shall secure and maintain (and ensure its subcontractors, if any, secure and maintain) all insurance as specified in the document entitled "Insurance Requirements ", labeled Schedule B and attached and included as part of this Agreement. 11.7 LICENSEE shall furnish a surety bond or irrevocable letter of credit to the satisfaction of the CITY for no less than $10,000. If the security is in the form of a bond, irrevocable letter of credit, or other security as deemed acceptable by the CITY, such instrument shall be issued by a nationally recognized and rated surety company or bank and shall guarantee the full amount for the terms of the agreement. However, the amount of the bond or the financial security shall not operate as a limitation upon the obligations of the LICENSEE. ARTICLE XII - AUTHORIZATION NOT EXCLUSIVE 12.1 Nothing contained in this Agreement shall be construed as a grant of any exclusive authorization, right or privilege to LICENSEE. Subject to the rights granted LICENSEE under the provisions of this Agreement, the CITY shall have the right to grant, renew and extend rights and privileges in a nondiscriminatory manner to others not parties to this Agreement, by contract or otherwise, to use any City Structure covered by this Agreement. ARTICLE XIII - ASSIGNMENT OF RIGHTS 13.1 LICENSEE shall not assign or transfer any license or any authorization granted under this Agreement, and such licenses and authorizations shall not inure to the benefit of LICENSEE's successors or assigns, without the prior written consent of the CITY. In the event such consent or consents are granted by the CITY, then the provisions of this Agreement shall apply to and bind the successors and assigns of LICENSEE. ARTICLE XIV - FAILURE TO ENFORCE 14.1 Failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement or to give notice or declare this Agreement or any authorization granted hereunder terminated shall not constitute a general waiver or relinquishment of any term or condition of this Agreement, but the same shall. be and remain at all times in full force and effect. ARTICLE XV - TERMINATION OF AGREEMENT 15.1 Should LICENSEE cease to use its Facilities in or through the area covered by this Agreement on other than a demonstrably temporary basis not to exceed 6 months, then all of LICENSEE's rights, privileges and authorizations under this Agreement, including all licenses issued hereunder, shall automatically terminate as of the date following the final day that such Facilities are used. 15.2 Subject to Section 15.3, below, the CITY shall have the right to terminate this entire Agreement or any license issued hereunder whenever LICENSEE is in default of any term of this Agreement, including, but not limited to, the following conditions: a) If LICENSEE's Facilities are used or maintained in violation of any law or in aid of any unlawful act or undertaking; or b) If LICENSEE attaches to or occupies any City owned structures or premises without having first been issued a license therefor; or c) If any authorization which may be required of LICENSEE by any governmental or private authority for the construction, operation, and maintenance of LICENSEE's Facilities is denied or revoked; or d) If the insurance carrier shall at any time notify the CITY or LICENSEE that LICENSEE's policy or policies of insurance required under this Agreement will be canceled or changed, or if the CITY reasonably determines that the requirements of this Agreement with regard to LICENSEE's policy or policies of insurance will no longer be satisfied, this Agreement shall terminate upon the effective date of such cancellation or change. 15.3 The CITY will promptly notify LICENSEE in writing of any condition(s) applicable to Section 15.2, above. LICENSEE shall take immediate corrective action to eliminate any such conditions(s) and shall confirm in writing to the CITY within 30 days following receipt of such written notice that the cited condition(s) has ceased or been corrected. If LICENSEE fails to discontinue or correct such condition(s) or fails to give the required confirmation, the CITY may immediately terminate this Agreement. 15.4 In addition to any other obligation that LICENSEE may have under this Agreement to remove its Facilities from the CITY's Structures or premises, in the event of termination of this Agreement or any of LICENSEE's rights, privileges or authorizations hereunder, LICENSEE shall remove its Facilities from the CITY's Structures or premises as soon as practicable, but in no event shall removal exceed 3 months from the date of termination; provided, however, that LICENSEE's obligations under this Agreement with regard to such facilities shall continue following termination of this Agreement, including, but not limited to, LICENSEE's obligation to pay all fees and charges accruing pursuant to terms of this Agreement for LICENSEE Facilities occupying City Structures. 15.5 If LICENSEE does not remove its Facilities from the CITY's Structures within the applicable time periods specified in this Agreement, the CITY shall have the right to remove them at the expense of LICENSEE and without any liability on the part of the CITY to LICENSEE therefor. ARTICLE XVI - TERM OF AGREEMENT 16.1 The term of the Agreement 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, 2025, unless terminated earlier by either party in accordance with the provisions of this Agreement. 16.2 Termination of this Agreement or any licenses issued hereunder shall not affect LICENSEE's liabilities and obligations incurred hereunder prior to the effective date of such termination. 16.3 This Agreement shall be deemed to have been executed in the State of New York and the parties hereto agree that the terms and performance hereof shall be governed by and construed in accordance with the laws of the State of New York, with venue in Tompkins County. ARTICLE XVII - NOTICES All written notices required under this Agreement shall be given by posting the same in first class mail to LICENSEE as follows: Name Title LICENSEE Name Street Address Municipality State Zip and to The CITY as follows: Office of the Mayor CITY of Ithaca. 108 E. Green Street Ithaca, New York 14850 or to such address as the parties hereto may from time to time specify in writing. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. (signature) (print name and title) CITY OF ITHACA LIM Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: (Licensee) 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 SCHEDULE A Description of use (1 Dedicated Conduit 342 linear feet, 1 Shared Conduit 93 linear feet, 1 units of wall space (2.25 square feet)) Diagram showing which conduit lines will be used, and which vaults may house wall space equipment. SCHEDULE B - Insurance and bonding requirements • BONDING REOU1 REMENTS: Conduit Foot sae Security 1 -2500 $10,000 2501- 25,000 $80,000 25,001 - 75,000 $250,000 75,001 - 150,000 $475,000 150,000+ $500,000 • INSURANCE REOUIREMENTS: LICENSEE, at its own expense, shall procure and maintain the following insurance coverage's with limits of liability not less than the limits specified: Commercial General Liability $1,000,000 Bodily Injury and Property Damage Limit Each Occurrence $2,000,000 General Aggregate Limit $2,000,000 Products /Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Injury Each Person/Org Required provisions: • City of Ithaca shall be named as Additional Insured including Completed Operations • Coverage for the City shall apply on a primary and non - contributory basis. • The General Aggregate shall apply on a per project/per location basis. • Waiver of Subrogation in favor of the City of Ithaca must be included. • No coverage exclusions or limitations as respects NY Labor Law • 30 Days Prior Written Notice provided if coverage is canceled, non - renewed or materially changed • Certificate of Insurance needs to be provided every year when policy renews and shall include copies of the Additional Insured and Waiver of Subrogation endorsements Auto Liability. $1,000,000 Bodily Injury and Property Damage Each Accident Required provisions: • Waiver of Subrogation in favor of the City of Ithaca shall apply Excess "Umbrella Liability ". Excess coverage over the Commercial General Liability and Automobile policies with limits not less than $5,000,000 Each Occurrence $5,000,000 General Aggregate $5,000,000 Products & Completed Operations Aggregate Required provisions : • Policy should follow form to the underlying coverage including the following • City of Ithaca shall be named as Additional Insured including Completed Operations • Coverage for the City shall apply on a primary and non - contributory basis. • The General Aggregate shall apply on a per project / per location basis. • Waiver of Subrogation in favor of the City of Ithaca must be included. • No coverage exclusions or limitations as respects NY Labor Law • 30 Days Prior Written Notice provided if coverage is canceled, non - renewed or materially changed • Certificate of Insurance needs to be provided every year when policy renews Workers' Compensation and Employers' Liability. Statutory coverage complying with New York Workers' Compensation Law Section 57 General Municipal Law Section 125, Contractor must submit one of the following: - -CE -200 - Certificate of Attestation of Exemption from NYS Workers' Compensation available at www.web.state.ny.us, OR - -C -105.2 - Certification of NYS Workers' Compensation Insurance, OR - -U -26.3 - State Insurance Fund version), OR - -SI -12 - Certificate of NYS Workers' Compensation Self Insurance, OR - -GSI -105.2 - Certificate of NYS Workers' Compensation Group Self- Insurance Disabilitv Benefits Reauirements. Statutory coverage complying with NYS Workers' Compensation Law Section 220 (8) under General Municipal Law Section 125, Contractor must submit one of the following: - -CE -200 - Certificate of Attestation of Exemption from NYS Disability Benefits Coverage available at www.web.state.ny.us, OR - -DB 120.1 - Certification of Disability Benefits Insurance, OR - -DB 155 - Certificate of Disability Self- Insurance Note: Proof of NYS Workers' Compensation and NYS Disability benefits must be provided on NYS forms listed above (complete information available at www.wcb.state.ny.us or Bureau of Compliance at (866) 546 -9322. ADVERTISEMENT — REQUEST FOR PROPOSALS City of Ithaca - Department of Public Works, Office of the City Engineer 108 East Green Street, Ithaca, NY 14850 DATE: November 2, 2015 The City of Ithaca is accepting requests for occupancy and use of the underground telecommunication distribution system located on the Commons, Ithaca, New York. As a part of the Commons Repair and Upgrade Project the City has installed approximately 10,000 linear feet of dedicated conduits, shared conduits, connections to existing services and associated vaults for the purposes of distributing telecommunication services. Each building on the Commons is connected to the.distribution system by two shared conduits. Service providers are invited to submit applications to occupy the underground facilities for the purpose of delivering telecommunication services to individuals and businesses. Occupancy of the distribution system is authorized by the Board of Public Works via a license for use of City Property. The license agreement for use of City -owned conduit can be found on the City's website at: www.citvoflthaca.org /bids. Application for use can be made in writing to the Office of the Superintendent of Public Works, 108 East Green Street, Ithaca, NY 14850 Questions may be directed to: bids(cD_cityofithaca.org. Please use the subject line "telecommunication conduit." The City of Ithaca has been and will continue to be an equal opportunity organization. All qualified Minority and Women -Owned Business Enterprise (MWBE) suppliers, contractors and /or businesses will be afforded equal opportunity without discrimination because of race, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status. TWW 3 Thomas W. West Director of Engineering I - - --4 * � .. jag on C MW ME � � 0 | s 3.mn 1 o 2 Hit- 25 II El vt 'I :41 ---------- --- 4r--- 1 1 1 " i ; _ I - — — — — — — — — — — — — — OIL i. 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Proposed Resolution to Declare BPW Lead Agency for purposes of Environmental Review of the Discontinuance of the Northern Section of Lake Avenue and Eastern Portion of Adams Street and Referral to Planning Board for Report on the Proposed Discontinuance WHEREAS, the proposed action involves the discontinuance of portions of two City streets, namely Lake Avenue and Adams Street, which collectively are referred to as the "Street Parcels" and are more particularly described as follows: That portion of Lake Avenue commencing at the western comer of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, if the above - described Street Parcels are discontinued, they will be used for green space, pedestrian and bicycle space, and a public use playground, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015, and WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed discontinuance of the northern section of Lake Avenue and the eastern section of Adams Street is a Type I Action pursuant to the City Environmental Quality Review (CEQR) Ordinance because it occurs wholly within 100 feet of Cascadilla Creek, which requires environmental review under CEQR, and WHEREAS, Section C -71 of the City Charter grants the Board of Public Works the authority to "lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks," and Charter Section C -61 provides that the Board shall "have control" of the City department pertaining to "Streets and Sidewalks" and its property, albeit "subject to the limitations herein contained and the direction and review of the Common Council," and WHEREAS, the Planning Board typically is provided an opportunity to report on a proposal to discontinue a street prior to its discontinuance; now, therefore, be it RESOLVED, That the Board of Public Works of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed discontinuance of the Street Parcels; and further be it Page 4 RESOLVED, That the Board of Public Works hereby refers the proposal to discontinue the Street Parcels to the Planning Board to make a report within thirty days of the passage of this resolution. Page 5 October 21, 2015 TO: Michael Thorne and the Ithaca City Board of Public Works RECEIVED Dept. of Public Works OCT 21 2015 office of the Superintendent and Engineering Division FROM: Joseph Steuer, owner of 701 North Aurora St. and 705 North Aurora Street Re: Request for Variance Regarding Water and Sewer Lines Dear Mr. Thorne and Members of the Board of Public Works: BACKGROUND: My wife and I (and children) live at 701 North Aurora Street, a single - family home, on the corner of Yates Street. We recently purchased the duplex next to us at 705 North Aurora Street. At the back of 705 is an office and storage space, which was converted from a garage in the mid - Eighties, with City approval. It is heated and has a full bathroom, with the water and sewer lines being serviced from 705 North Aurora St. We wanted to turn this back house a studio apartment, but due to our zoning, it would have been extremely difficult to secure use variance to do so; an added apartment would have meant that 705 North Aurora had three units on the property. The zoning allows for single and two - family residences. However, Phyllis Radke in the Zoning Department told me that I may be able to accomplish my goal if I were allowed to re -draw my lot line, so that the back house were part of the property at 701 North Aurora Street. Thanks to her and the Board of Zoning Appeals, I was granted a variance, earlier this month. When I applied for my building permit with the Building Department, I was told that I should also discuss my plans with Marc Albanese at the Water & Sewer Department. Mr. Albanese explained that because my building would now be a separate primary use, I would need to run brand new water and sewer lines from the back house over to Yates Street. Unfortunately, this would require digging up my whole back yard, which includes a slate patio and four large raised beds, not to mention two fences and a brand new section of City sidewalk (if digging under them were not an option). The most direct way to Yates Street would also mean digging up the extra thick (and expensive), new City - installed driveway pad — unless taking a right turn and going around it were possible (but that would mean digging up more of my yard and more expense). In the course of my research, I learned that 701 N. Aurora has two sewer lines, one to Aurora and one to Yates, but tying into either of these, would be difficult and expensive. Mr. Albanese understood my problem and was not unsympathetic, but he said his jurisdiction only allowed him to give a permit for this course of action. He suggested that I might want to talk to the Board of Public Works, which did have the authority to grant variances to do it another way. THE REQUEST. So, here i am to suggest an alternate plan, for which I request the Board's permission to put into place. I propose to run (a much shorter, easier, less intrusive, and much less expensive) water line from 701 North Aurora St. to the back house and have this service provide the water instead of the service at 705 North Aurora Street. (It would basically be a swap.) Further, I would like to grant myself an easement for the back house to continue using the sewer line of 705 North Aurora Street, which I own. I am hoping you agree that it is of little consequence which pipe the sewage takes to the sewer. Playing Devil's advocate, Mr. Albanese inquired what would happen if the property were sold one day and this little deviation held up a sale for some reason? Or what might happen if someone wanted to subdivide the property one day to allow the back house to be its own property? To the first question, again, I do not think anyone cares where the sewage runs (as long as it is reaching its destination legally), and I request permission to have this be my risk. As for the second question, as a member of the Housing Board of Review and as a Realtor, I can say with some knowledge that to subdivide this particular property would require variances that I doubt would ever be granted. If they were granted one day, I suggest that the direction of the sewer, if it matters any more then than now, could be addressed at that time as part of the variance process, if necessary. Thank you for your time. I hope you will grant this request. I am available, if you have any questions. Re ectfully, Joseph Steuer Owner 701& 705 North Aurora Street Ithaca, NY tot?' 2� bj : 4j ad _ ,i �' _ 9 II�O� C) r M NORTH AURORA STREET lat., I b pt r I I Na: I b, 5 - A 4► rr14 C3 i� -4- U4 lit h J-(2 L n 19 Hill HM Jill ,.colon 7y AURORA STRZTT bi IRM11, A 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 October 20, 2015 Dryden Road — Curb and sidewalk re- alignment of 200 block Attached for your consideration are three alternative layouts for curb alignment for the 200 block of Dryden Road. It will help staff to have a sense of the Board regarding your preferred alternative. Engineering and Planning staff recommend alternative 2. Two new buildings are currently under construction on the south side of the 200 block of Dryden Road. These projects present an opportunity to rehabilitate the streetscape of that block to provide better pedestrian access, reconfigure loading areas and, most significantly, put overhead electric and telecommunication lines underground. Superintendent Thome is actively engaged in discussions with New York State Electric and Gas (NYSEG) regarding " undergrounding" overhead lines as well as upgrading and extending existing gas mains. These are major undertakings, even for NYSEG. In addition, the Department of Public Works will have an opportunity to upgrade a 6" tile sewer and an existing water main. Storm sewers will, of course, need to be reconstructed. Several considerations drive the streetscape alternatives that are presented. • NYSEG has existing underground facilities on the south side of the 100 block of Dryden Road. Extending these facilities along the south side of the 200 block will make undergrounding somewhat easier. • North side businesses are primarily restaurants or service providers; they have need for truck delivery and customer "take -out' zones. • One of the new buildings will be mixed use, the other office space for some 300 Cornell University employees and students. Occupants will require pick -up / drop-off space. • Current zoning requires new construction be set back 5 feet from the front property line. Alternative 1 provides a continuous loading zone on the south side of the block. Chokers at either end define the loading zone and provide a shorter crossing distance at the very busy College Avenue intersection. The chokers also provide space for large underground vaults required by NYSEG for transformers and switches. Wider sidewalk on the north side of the block provides room for underground vaults for tele- communications. Travel lanes are 11 feet wide, the loading zone is 8 feet wide. This alternative does not provide loading on the north side where businesses are located; this will encourage double - parking on a narrow street. Alternative 2 provides a continuous loading zone on the north side of the block. Similar to alternative 1, chokers define the loading zone and provide a shorter crossing distance at the very busy College Avenue intersection. The south curb line is slightly further north than in alternative 1 which provides space for electric and telecommunication vaults on the south side. Travel lanes are 11 feet wide, the loading zone is 7 feet wide. This alternative does not provide loading on the south side where residential and office spaces are located; an extended loading zone on the north side of the street will provide plenty of flexibility for a variety of loading and parking options. In addition to providing more space for vaults and conduits alternative 2 provides more space for plantings, as required by the site plan review process. Alternative 3 provides a truck loading zone on the western half of the north side of the block and a loading zone on the eastern portion of the south side of the block. Each loading zone can best serve the specific uses of the businesses that they abut. A choker is provided on the north eastern corner of the College / Dryden intersection for pedestrian accommodation. The south side sidewalk is slightly wider than in alternative 1 in order to accommodate the large electrical vault on the south east corner of College / Dryden. All alternatives offer the option to do nothing to the curb line on the north side of the block and live with the existing narrow sidewalks and existing crossing distance. All three alternatives will require that accommodation for telecommunication be provided with a number of vaults and conduits (similar to the system on the Commons). All alternatives require the installation of new street lighting since there will be no poles. 19 a� 3 6 :s a � 3fIN3Atl N34NIl o v o 'I o _ N s a� 15 n o a zs a 3f1N3Atl N30NIl 3f1N3Atl N30NIl ■ r --sue I ■ .s�.. — TY ®�� a N I ® it oN f L e o gg ` cr- • e � ° I a- - $ "3ev303TIDD !� anV3it7T 4nv3�3TIOD 3nV � 303TW � d _ -7 j U P �� -• g I � Wr �' 3nv3o3TlW anvao3rno 1 I a� 15 n o a zs a 3f1N3Atl N30NIl 3f1N3Atl N30NIl ■ r --sue I ■ .s�.. — TY ®�� a N I ® it oN f L e o gg ` cr- • e � ° I a- - $ "3ev303TIDD !� anV3it7T 4nv3�3TIOD 3nV � 303TW � d _ -7 j U P �� -• g I � FW: Ithaca Falls Barrier FW: Ithaca Falls Barrier Michael Thorne SentWednesday, October 21, 2015 4:08 PM To: Kathy (Gehring) Servoss Michael Thorne, P.E. Superintendent of Public Works City of Ithaca 108 E. Green Street Ithaca, NY 14850 607 - 274 -6527 From: Jeanne Grace Sent: Thursday, October 15, 2015 11:27 AM To: Michael Thorne Subject: Fwd: Ithaca Falls Barrier Sent from my Verizon Wireless 4G LTE smartphone https: / /mail.cityofithaca.org/owa/ ?ae= Item &t= IPM.Note &id =RgA.. -- - - - - -- Original message -- - - - - -- From: Joe McMahon <jmmm555@hotmail.com> Date: 10/14/2015 8:27 PM (GMT-05:00) To: Anna Stalter <amsl5 @cornell.edu >, Dan Hoffman <creekwalker97 @aol.com >, Ashley Miller <ashleym @fltg.net >, Robert Wesley <frw2 @cornell.edu>, Jon Meigs <joncml@aol.com >, Todd Bittner <todd.bittner @cornell.edu >, Josephine Martell <josiefine @gmail.com >, Jeanne Grace <JGrace @cityofithaca.org> Subject: Ithaca Falls Barrier Hi, The EPA is done, for now, with their clean up at Ithaca Falls. They are going to install a barrier about four feet from the bottom edge of the rock they cleaned (currently there is a plastic fence about two feet away from it). The BPW is willing to take the unusual step of voting to have it installed at the same meeting the topic is brought up for discussion but wants our input. The EPA will be paying for this and they are willing to do whatever is recommended. I suggested a chain similar to the one in Cascadilla Gorge. That has two chains and it's been suggested one would be less of a visible distraction while still accomplishing the task of conveying the message that visitors should stay away from that area (more on signage later). In addition, Jeanne has suggested a style of chain that would discourage people sitting on it. Both ideas make sense to me. If the BPW moves on this at their next meeting the EPA can put out the bids and hope to have the barrier in place by Thanksgiving. The plastic fence will remain until then or it's vandalized or demolished by snow and ice. Please share your thoughts with me and I hope to attend the BPW meeting on Monday. Here are pictures I took yesterday, leaves are starting to come down to cover over the vacuumed rocks and the gravel fill that was brought in. FW: Ithaca Falls Barrier https: / /mail.cityofithaca.org /owa/ ?ae= Item &t= IPM.Note&id =RgA.. , As for the signs that will go with the barrier, Don Graham, who was the project manager for the EPA, would prefer the risk from falling rock be emphasized over the risk from lead, which I agree with, but has spent much time with Cynthia Brock and Walter Hang so sees a good amount of discussion coming over the wording. I'm sure we'll be asked to weigh in on that too, but don't know who will make that decision or when. I have submitted a guest column (with head shot taken by Jeanne at the falls) to the Journal. I had to read between the typos int the response I got, but think it has been sent to Elmira Star Gazette for consideration. There is a thorough cover story in the Ithaca Times this week and I learned my submission has an error in that the gorge had been tested prior to 2014. Let me know what you think about the barrier soon if you have thoughts. Joe 2 of 2 10/21/2015 4:09 PM ti• M �R r� 1 ; w• `0 ,4! At r • A b.� Vii► � ' 4.3 , t Cascadilla2l jpg (JPEG Image, 864 x 648 pixels) http: / /itliacafingerlakes.com/wp- content/uploads /2011 /11 /Cascadilla2l jpg of 1 10/21/2015 4:07 PM CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850 -6590 PARKING DIVISION Frank Nagy, Director of Parking Telephone: 607/274 -6532 Fax: 607/274 -6587 MEMORANDUM TO: Board of Public Works FROM: Kathy Servoss, Executive Assistant Frank Nagy, Director of Parking Michael J. Thorne, P.E., Superintendent of Public Works DATE: October 22, 2015 RE: Proposed Commons Use Fees On October 9, 2015, the Commons Advisory Board discussed these proposed fees for the use of the Commons: Monday — Thursday Bernie Milton Pavilion Up to 2 hours $15 2 — 4 hours $25 4 hours and up $40 Approved by Commons Advisory Board (carried 7 -1) Small Events Up to 2 hours $5 2 — 4 hours $10 4 hours and up $20 (Fees are lower during the week to encourage more activity downtown) Approved by Commons Advisory Board (carried 7 -1) Electric Outlet Use 7 days /week Per Receptacle per day $20 (Fee covers staff time to unlock and lock electrical bollards) Approved by Commons Advisory Board (carried unanimously) Information Tables Per Table per day $5 Not Approved by Commons Advisory Board Friday — Sunday $25 $35 $50 $10 $20 $30 It is the recommendation of the Commons Advisory Board that the above fees be established for the use of the Commons beginning January 1, 2016. kds "An Equal Opportunity Employer with a commitment to workforce diversification."