Loading...
HomeMy WebLinkAbout12-12-16 Board of Public Works Meeting AgendaDATE: December 12, 2016 BPW � mTIME: 4:45 pLOCATION: 3rd Floor, »` Board of Public Works City Hall, Council Chambers 108 E. Green St., Ithaca AGENDA ITEMS 7. Administration & Communications A. Approval of Minutes Yes Mayor Myrick 5 min. 1) June 27 2016 2) July 11, 2016 3) November 14, 2016 4) November 28, 2016 8. Buildings, Properties, Refuse & Transit 9. Highways, Streets & Sidewalks 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items A. Use of City Property Request from Coltivare No Supt. Thorne 10 min. A request for a sign permit was submitted to the Building Department recently. The sign will be on a canopy that sticks out from the building and will cover the sidewalk. B. Use of City Owned Collegetown and Commons No Supt. Thorne 10 min. Telecommunication System Spaces — Proposed Resolution New vaults were installed in Collegetown so that telecom could be placed underground rather than having overhead lines. To facilitate the transfer, and reduce wait times, staff request that they be authorized to administratively permit telecom companies to install their conduit. 14. New Business No 15. Adjournment Yes If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607-274-6570 at least 48 hours before the meetin The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Time Topic Voting? Presenter(s) Allowed 1. Call to Order/Agenda Review No Mayor Myrick 5 min. 2. Mayor's Communications No Mayor Myrick 3. Communications and Hearings from Persons No Public 5 min. Before the Board 4. Response to the Public No Commissioners 5. Reports No Various 5 min. A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 6. New Project Presentation 7. Administration & Communications A. Approval of Minutes Yes Mayor Myrick 5 min. 1) June 27 2016 2) July 11, 2016 3) November 14, 2016 4) November 28, 2016 8. Buildings, Properties, Refuse & Transit 9. Highways, Streets & Sidewalks 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items A. Use of City Property Request from Coltivare No Supt. Thorne 10 min. A request for a sign permit was submitted to the Building Department recently. The sign will be on a canopy that sticks out from the building and will cover the sidewalk. B. Use of City Owned Collegetown and Commons No Supt. Thorne 10 min. Telecommunication System Spaces — Proposed Resolution New vaults were installed in Collegetown so that telecom could be placed underground rather than having overhead lines. To facilitate the transfer, and reduce wait times, staff request that they be authorized to administratively permit telecom companies to install their conduit. 14. New Business No 15. Adjournment Yes If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607-274-6570 at least 48 hours before the meetin The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Coltivare: entrance canopy/sign https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgA Coltivare: entrance canopy/sign Skip Schell Sent: Friday, December 02, 2016 2:49 PM To: Michael Thorne Cc: Kathy Servoss; Skip Schell Categories: BPW Attachments:20161202141640637.pdf (2 MB) ; 20161202141746565.pdf (2 MB) TRANSMITTAL M EM O R A N D U M TO: Michael Thorne, Superintendent of Public Works FROM: Skip Schell, Senior Plan Examiner RE: Sign Permit #35182 Address: 235 S. Cayuga St.: Coltivare DATE: 12/02/2016 The Building Department has received a sign permit application (#35182) for an entrance canopy/ sign to be installed at 235 S. Cayuga St.: Coltivare. Per Section #170-5, Use of City Real Property, of the City of Ithaca Municipal Code, it has been determined that this project requires approval from the Board of Public Works. Therefore, I am transmitting herewith a copy of the sign permit application and renderings of the proposed entrance canopy/ sign for the purpose of this review. This business already has a BZA variance (#2950 attached) allowing the existing signs that are currently on the building. This proposal is also subject to Site Plan Review, the Design Review Board and the Board of Zoning Appeals. The property is located in the CBD -100, CBD -120 zone. Please contact applicant Mike Wells of Welco Custom Trim at (607) 277-4727 or mike@welcoawnings.com with any further questions regarding this project. Thank you for your attention to this matter, Skip The Building Department has received a sign permit application (#35182) for an entrance canopy/ sign to be installed at 235 S. Cayuga St.: Coltivare. Per Section #276-6, Site Plan Review (SPR) procedures, of the City of Ithaca Municipal Code, it has been determined that this project requires site development of 2 12/8/2016 10:27 AM Coltivare: entrance canopy/sign https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgA... plan review. Therefore, I am transmitting herewith a copy of the sign permit application and renderings of the proposed entrance canopy/sign for the purpose of this review. This business already has a BZA variance (#2950 attached) allowing the existing signs that are currently on the building. This proposal is also subject for review by the Design Review Board, Board of Zoning Appeals and Board of Public Works. The property is located in the CBD -100, CBD -120 zone. Please contact applicant Mike Wells of Welco Custom Trim at (607) 277-4727 or mike@welcoawnings.com with any further questions regarding this project. Thank you for your attention to this matter, Skip William "Skip" Schell Senior Plan Examiner Building Division 4th Floor, City Hall 108 E. Green St. Ithaca, NY 14850 (607) 274-6511 of 2 12/8/2016 10:27 AM CITY OF 11HACA 108 East Green Street Ithaca, New York 14850-5690 BUILDING DMSION Tblephone:607/274-6508PAM67B1416 14 Ramsgard Architectural 61 East Genesee Street Skaneateles, NY 13152 Board Members present: Moriah Teboe, Gabriel Holbrow,Teresa Deeshane, Steven Beer, Marshall McCormick, and Phyllis Radke Director of Zoning Administration. RE: Board of Zoning Meeting of August 5, 2014 Appeal #2950 —102 East Clinton Stieet Dear Mr. Kozub: The Board of Zoning Appeals considered your appeal for three sign variances for the two proposed wall signs. The fust wall sign needs a variance from the City's Sign Ordinance, Section 272-6B (2), which states in part that wall signs in commercial districts shall not exceed 50 S.F. and Section 272-4A(1) which states wall signs and the supporting structure cannot project more than 18" from the attachment point of the wall. The second wall sign requires a variance from Section 272-4 A (1) which states wall signs and supporting structure catuiot project more than 18" from the attachment point of the wall. TC3 is in the process of constructing a new culinary institute•and restaurant, called Coltivare, which will be located on the main floor of 102 East Clinton. You are requesting to install a sign for the new restaurant that is larger than the maximum 50 S.F. allotted for each wall sign permitted in a commercial district. 102 East Clinton Street is located in the CBD -100 and CBD - 120 zoning district. The massive building at this location also contains 7- stories of public parking. The culinary institute and restaurant will have 135'-8" of building frontage on South Cayuga Street and 122'-8" of building frontage on East Clinton Street. While the Sign Ordinance allows commercial signs to be 1.5 times the length of the building's frontage, it also restricts each wall sign to a maximum of 50 SF. For the sake of visibility and for the sign to be more proportionate with the size of the building, you are seeking a variance for a sign that will be 146.4 SF in size. This sign also projects a total of 24" from the point of attachment. This is 6" more than allowed by Section 272-4A(1). You would also like to erect another type of wall sign known as a projecting sign, which will be 26.90 SF in size. Section 272-4 A (1) allows signs to project a maximum of 18". The second proposed wall sign and its supporting structure will project approximately 6'-10 %z" from the building wall. "An Equal Opportunity Employer with a commitment to workfa-ce diversification." n �F Ramsgard Architectural 61 East Genesee Street Skaneateles, NY 13152 August 11, 2014 Page 2 Representatives from Ramsgard and a representative from TO spoke in regards to the variance. They showed a 3-1) model of the building with the signs. Board members questioned the size and height and were told because the building is so large the size of the signs is needed and that the sign needs to be above the tree line. A Public Hearing was held with no persons in favor or opposed. A letter from JoAnn Cornish, Director of Plamiing, Building and Economic Development was read in favor of the sign variance. This is a Type 2 action under City Environmental Quality Review Part, 176-5 (12) and, as such, does not have a significant impact on the environment and is otherwise precluded from environmental review Linder Environmental Conservation Law, Article 8. In declaring this a Type 2 action, the BZA has no further responsibilities Linder the City's Environmental Quality Review Ordinance. Ms. Tebor agreed with Ms. Cornish that the variance is substantial biit stated that good signage is essential. The Board felt that there was enough information to move the variance. Motion was made by Mr. Holbrow to grant the variance with the following findings of fact: 1. City of Ithaca Planning Board approves of the variance. 2. No detriment or undesirable change to nearby property will be caused by granting the sign variance. 3. The scale of the sign is justified. 4. It is believed that the sign will promote a more attractive economic and business climate. 5. It will improve communications within the community. The motion to grant the sign variances was second by Ms. Tebor with all in favor and none opposed. Mr. Beer — yes Ms. Tebor- yes Mr. Holbrow — yes Ms. Deschanes — yes Mr. McCormick — yes dstration CITY OF ITHACA - SIGN PERMIT APPLICATION 108 East Green Street, Ithaca, New York 14850 Telephone: 607-274-6508 Fax: 607-274-6521 BuddiagPermit AppflestinIg" JMubniLtodMoA=-Fslit.SAM719AMor?Zg t proln inent. This side to be completed by MW-Fnt. - PROJECT INFORMAT-IrOW- Project Street Address. 235 Cayuga Street S Cayuga Street Garage Tax Parcel: 81.-2-1 Name of Business: Coltvare Zonm-g District: CED-100;CBD -120 Contact Person- W& Tele: 607-277- APPLICANT/OWNER INFOPMUTIONt Applicant-, Mike Wells Address., 207 Elmira Rd Ithaca, NY 14850 Owner: M, aca. Urban Renewal Agency Address: 108 Eav Green Street Ithaca, NY 14850 Email: mike@wL-Icoawnmp.com Email- iura@cityofithaca.org CONT", ';1'Z1'CAJ1ff'1WWT%V0Cust0rn Trim rim SIGN JNFOIW?� T r;,q3N,- K6*wv*f 6640-9 crontageon feet 3561 if business frestf, ori lw'o streets (ad&l frontage,"- 122.61 TVP'%-gtW n Width Material Oluf"Ination ......... .... V N Zimlrlad Max Height Front!9etEa-e-k-, Projection Attachment Fr4onstanding Signs; .. . . ................. ...... 6" ..... .. Wall Signs Onty . ........................... ................................ ................... I ....... ................ . NqjJ!!,uftn'#1W ...... 'i'ieiback Side 'S' ... a -t -h --- a --- cik ------ Projection Attachment Max Height Fran Signs: 6 Other Ntax Height Front Setback.......... iiaWi46 ding Signst ........... ................ ..... ..... ........... -- U- signs (freestanding or ail business ftvade) already on building. Wall Signs Only: W,419 sl! pis Projertien Attachment Applicant's declaration, I am the owner or, owners' agent of the premises listed in Pais application. Meteby apply fer approval to perfbrm the wotk-doscribed in this &ppheation, attathad plans, spgofflcali(ris and ether dotuments. I witl comply wit:-, all pmvislons of the applicable ordinances, codes, and t -.Fal. -dons ir, p%jTb=&g this work vubedier sp*Dffied hea4l or aaj; Any ar6endimonts to the Sco-p a of work, plans, SPOWROAtIons or other documents will be submitted to the Bufld4 Division for approval prior to,parforming the actual work. Ful thermore, I give permission to entat and inspect all work for compliance by the appropriate inspectors Ely typing my name below. 7 cerfify I have read a rid understand dw ;4 tvve paragraph. CITY OF ITHACA - SIGN PERMIT This form is deeined an application until approved and upon approval is a valid building permit Applicant Signature: WiC f7.'P[UXffS — Date: J!912016 (For Department use only) Project Address: 235 Cayuga Street S Permit #: 35182 Received: 11/29/2016 Issued: Denied: Ent. By: WS Expires: ( months after issue date. Completed: By: WS Insp: WS HUD Code: 800 Project: awning SEES: 1-50 S.F. $50 201-250 S.F $250 401-450 S.F. $450 51-100 S.F $100 251-300 S.F. $300 451-500 S.F. $500 101-1508.F $150 301-350 S.F. $350 Each Add. S.F. 151-200 S.F $200 351-400 S.F. $400 by Variance $10 APPROVAIaS: VARIAN CES / Signage fees: $150 Encroachment fee, $100 Total fee: $250 Receipt #:5311 This is to certify that I have examined the above detailed statement and plans related thereto and find same to be in accordance with the provisions of the ordinances relating to buildings and signage in the City of Ithaca and that same has been approved and entered in the records, this For the Building Division SIGN PERMT CONDITIONS - - .1. w Z L -L 80 5- 7 L` N u i ,;.yam, _ 1�`.ri���lt--a..� • . �M ►"� .. ..`As 1 E LL OP .; R r . I' 13B. Use of City Owned Collegetown and Commons Telecommunication System Spaces — Proposed Resolution WHEREAS, the City recently constructed underground conduits and vaults in Collegetown and the Commons ("Telecom System Spaces") to facilitate installation of telecommunications equipment by multiple providers; and WHEREAS, certain telecom companies have submitted requests to occupy conduit space in the new Telecom System Spaces, and the City expects to continue to receive requests to occupy both Telecom System Spaces; 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, City staff is supportive of this use of the Telecom System Spaces; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, in the fall of 2015, the Board of Public Works authorized a fee structure for use of the Commons Telecom System Space, and adopts the same fee structure for the Collegetown Telecom System Space; and RESOLVED, The Board of Public Works hereby sets forth the following annual license fee structure for use of the Telecom System Spaces: $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 the City's Telecom System Spaces, 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; and RESOLVED, The Board of Public Works hereby authorizes the Superintendent to permit by license interested telecom providers to install telecommunications conduit and equipment within the Telecom System Spaces subject to the following requirements: Page 2 of 3 1) Proof of bonding or other sufficient security in an amount that the Superintendent deems appropriate to compensate the City for damage to its property during the course of installation and in the event the City must effect removal of the equipment; 2) Submission of an application and fee for Use of City Property; 3) Submission and approval of final installation plan for Superintendent of Public Works' review prior to installation; and 4) Installation and continued operation of telecom service from within the City's Telecom System Space(s) contingent on the company's execution of the City's license agreement and payment of the applicable application and annual fee. Page 3 of 3 LICENSE AGREEMENT THIS AGREEMENT, entered into on this day of between CITY OF ITHACA., (hereinafter "the CITY"), having its principal office at 108 East Green Street, Ithaca, New York and Ithaca Renting, LLC., a corporation (partnership, or other legal entity) organized and existing under the laws of the State of New York, having its principal office at 119 Dryden Rd. Ithaca, NY 14850 (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_4 dedicated conduit measuring a total length of 650 linear feet and 5 shared conduit 290 linear feet; 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 described in 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, 2016, until March 31, 2017) is $1.101.20; accounting for actual use between November 1, 2016 — March 31. 2017, the Parties agree that the pro -rated amount due for the first year shall be $458.83. A check in this amount, payable to the City of Ithaca, must be submitted to the City Chamberlain's office. This Use Fee is comprised of $1.48 per linear foot of Dedicated Conduit and $0.48 per linear foot of Shared Conduit. 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 carver 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 Notwithstanding the foregoing, this Agreement may be terminated 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 this Agreement. 15.5 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. 15.6 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. 2016 (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. 2026, 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 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. (Licensee) By: (signature) (print name and title) CITY OF ITHACA By: Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of . 2016, 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 shelhe 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 , 2016, 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. Notary Public Approved as to form and content: City Attorney Date SCHEDULEK ` Commuted[KF1]: Insert resolution and supporting documents h SCHEDULE B - Insurance and bonding requirements • BONDING REQUIREMENTS: Conduit Footage Securi -2500 $10.000 2501-25.000 580.000 75.001-150.000 $405,000 150.000+ $500.000 • INSURANCE REQUIREMENTS: 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 proj ect(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: • Waive 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 o City of Ithaca shall be named as Additional Insured including Completed Operations o Coverage for the City shall apply on a primary and non-contributory basis. o The General Aggregate shall apply on a per project / per location basis. o Waiver of Subrogation in favor of the City of Ithaca must be included. o No coverage exclusions or limitations as respects NY Labor Law 0 30 Days Prior Written Notice provided if coverage is canceled, non -renewed or materially changed o 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 , 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 Disability Beneftts Requirements. 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 ,OR —DB120.1 - 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 or Bureau of Compliance at (866) 546-9322.