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Home My WebLink About03-13-17 Board of Public Works Meeting AgendaDATE: March 13 2017 F BPW M TIME: 4:45 pm LOCATION. 3rd Floor, Board of Public Works City Hall, Council Chambers 108 E. Green St., Ithaca AGENDA ITEMS 7. Administration & Communications A. Approval of Meeting Minutes Yes Mayor Myrick 5 min. 1. November 9, 2015 2. February 27, 2017 8. Buildings, Properties, Refuse & Transit 9. Highways, Streets & Sidewalks A. Resolution for Temporary ICSD Signage on Yes Supt. Thorne Gateway Bridge A resolution is provided, per the Board's discussion. B. Award of Contract for Professional Design Yes Services for the Reconstruction of Albany Street from Green Street to Buffalo Street — 2017 Road Construction Project — Resolution Proposals for this contract were received on March 7, 2017. be provided at the meeting. 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items Dir. of Eng. Logue 5 min. 10 min. A recommendation from staff will A. Request to Install Directional Signage on City No Exec. Dir. Charlie 10 min. Property from Sciencenter Troutman The Sciencenter would like to install a new sign in the right-of-way on Adams Street to assist with directions for visitors driving to visit the center. They will install and maintain the sign. ,r you nave a atsaon►ty that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the Citv 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 I. 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 Meeting Minutes Yes Mayor Myrick 5 min. 1. November 9, 2015 2. February 27, 2017 8. Buildings, Properties, Refuse & Transit 9. Highways, Streets & Sidewalks A. Resolution for Temporary ICSD Signage on Yes Supt. Thorne Gateway Bridge A resolution is provided, per the Board's discussion. B. Award of Contract for Professional Design Yes Services for the Reconstruction of Albany Street from Green Street to Buffalo Street — 2017 Road Construction Project — Resolution Proposals for this contract were received on March 7, 2017. be provided at the meeting. 10. Parking & Traffic 11. Creeks, Bridges & Parks 12. Water & Sewer 13. Discussion Items Dir. of Eng. Logue 5 min. 10 min. A recommendation from staff will A. Request to Install Directional Signage on City No Exec. Dir. Charlie 10 min. Property from Sciencenter Troutman The Sciencenter would like to install a new sign in the right-of-way on Adams Street to assist with directions for visitors driving to visit the center. They will install and maintain the sign. ,r you nave a atsaon►ty that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the Citv 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 B. Request for Encroachment Agreement for 308 E. No Supt. Thome 10 min. Seneca Street Mike Wells from Welco Awnings has.submitted a request on behalf of the new business owner moving into this address, who would like to install an awning that will encroach onto city property. C. Public Art Commission Request for Approval of No Planning Staff 10 min. Ithaca Youth Bureau Building as a Potential Mural Location — Proposed Resolution The Public Art Commission is requesting approval for a mural to be painted D. Appeal of Water and Sewer Bill for 105-07 East No Asst. Supt. Whitney 10 min. York Street The residents have requested that they be allowed to pay their latest bill, which was much higher than normal, over time without penalties or interest charges. E. Authorization to Enter into Agreement with Cornell No Supt. Thorne 15 min. University for Erection of a Fence along Fall Creek Drive — Proposed Resolution Cornell University submitted a request to install a fence along Fall Creek Drive. F. Proposed Resolution to Grant Hardship for 109 No Dir. of Eng. Logue 10 min. Parker Street for the Residential Parking Permit System A resident at this address has submitted a hardship request for the Residential Parking Permit System. Staff has reviewed the request and recommends approval. A proposed resolution is enclosed for the Board's consideration. 14. New Business No 15. Adjournment Yes Page 2 of 7 9A. Resolution for Temporary ICSD Sianaae on Gatewav Bridae WHEREAS, Ithaca City School District has requested permission to hang a temporary banner from the Gateway Bridge on Elmira Road for the purpose of recruiting school bus drivers, and WHEREAS, the Board of Public Works has previously approved a temporary banner requested by Ithaca Police Department for similar job recruiting purposes in July 2015, and WHEREAS, it is likely that requests to hang banners at Gateway Bridge will occur from time to time in the future, and hanging banners from the bridge is difficult and must be performed by Department of Public Works crews, and WHEREAS, the Board of Public Works has, in the past, expressed that signage affixed to City property should be temporary in nature, and have a municipal purpose, now therefore be it RESOLVED, That the Board of Public Works approves the temporary banner requested by Ithaca City School District for a period of one month, and be it further RESOLVED, That the Board of Public Works authorizes the Superintendent of Public Works to evaluate and approve or disapprove temporary signage requests on City property other than City parks, based on the criteria that the signs serve a municipal purpose, and based on availability of Department of Public Works staff to install and remove the signage, for periods not to exceed one (1) month. Page 3 of 7 913. Award of Contract for Professional Design Services for the Reconstruction of Albany Street from Green Street to Buffalo Street. — 2017 Road Construction - Resolution WHEREAS, Proposals were received on March 7, 2017 for Professional Design Services for the Reconstruction of Albany Street between Green Street and Buffalo Street and, WHEREAS, the Common Council established a budget for 2017 Road Construction, WHEREAS, submitted a Proposal of now be it, RESOLVED, That the contract for Professional Design Services for the reconstruction of Albany Street between Green Street and Buffalo Street is awarded to for its Proposal of $ , and be it further, RESOLVED, That the Superintendent of Public Works be and hereby is authorized to execute the contract for Professional Design Services for the reconstruction of Albany Street between Green Street and Buffalo Street, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Page 4 of 7 To From: Date: 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 Brooks Hendrix Engineering Department March 9, 2017 Recommendation for Award of Contract for Professional Design Services for the Albany Street Reconstruction Project planned for construction this year. On March 7, 2017, proposals were received for Professional Design Services. I am sending you place holder with empty blanks which we will fill in once a Consultant has been chosen. This contract entails Professional Design Services for the reconstruction of Albany Street between Green Street and Buffalo Street. If you have any questions, you can reach me at 279-7171 or bhendrix@cityofithaca.org. "An Equal Opportunity Employer with a commitment to workforce diversification." CITY OF ITHACA — Superintendent of Public Works kgehringQcityofithaca.org 108 East Green Street, Suite 202, Ithaca, N.Y. 14550 Phone: (22n&-,4,= Fax: (607) 274-6687 APPLICATION FOR USE OF CITY PINAPPERTY (see §170 of the City Cade foraddftional requirements, restrictions, and procedures) APPLICANT NAME eS / Mme. % ere- -NAME OF ORGANIZATION / BUSINESS S C- I L: ,AJ C L N 'i''� IZ MAILING ADDRESS O 1 r ; ns t -51- T' +41wc-ck AJ Y 1 4 9S� PHONE NUMBER 7- 2 - 9 1 DATE OF APPLICATION SUBMISSION 2-01 EMAIL ADDRESS S c I e h e -e M- e r All of the following documentation MUST be submitted to the Superintendent's Office, along with this application form, and $100 non-refundable fee, in order for application to be considered complete. **** Incomplete Applications will not be accepted **** /Providea typed explanation of your request clearly indicating the location of the property under consideration, your Intended use(s) of that property, and intended duration of use. Also, include a description of any physical changes that you wish to make to the City property and any other information you feet is relevant, such as paving, drainage improvements, signs, structures, etc. $100 non-refundable application fee. Checks payable to the City of Ithaca. IU�'bty/�$P persury roc�ced by a licensed land surveyor showing the City property and adjacent private property EJ/A drawing, such as submitted or approved site plan, clear) illustrating the boundaries of the City property oposed for private use, including physical changes proposed and the affected area'(In square feet or acres) Zsurance coverage consistent with the terms stated in9D- 170 1) of the City Code � ( xxs"x.:=axsxsx••----x�zx—max===��:x�xcmz: e� x�x ®®...�.®� —axe® x�a® �, FOR OFFICE USE ONLY Apolicadon Fee of $100 paid on ��_ (date) by cash or check ## AV l (0 (circle one) Application accepted by: Date: 1-7 M1014tel J. Thome, P.E., Superintendent of Public Works The Superintendent of Public Works has determined that this request should be properly treated as (check one): ❑ Temporary easement ❑ Permanent easement ❑ Lease License ❑ Other The Superintendent has determined that this request- ❑ does (2 does not involve the use of public parkland. The Superintendent has determined that this request ❑ does does not require environmental review. The Superintendent shall determine whether the requested encroachment or use interferes with any public works functions or needs, and whether any conditions should be attached to any granting of an easement, license or lease, The Superintendent has determined that additional review/action is necessary f the following (check all that apply): 0 Mayor B'Cit//y Attorney [3 Fire Chief Board of Public Works ❑ City Clerk ❑ Common Council ❑ Other This application been ❑ approved ❑ with Gond' 'ons ❑ denied by: Date: Michael J. Thome, P.E., Superintendent of Public Works and a written response ❑ has ❑ has not been provided. J.Wront Office FilesTormefte or City Property Application.da Sign Placement Request to the City of Ithaca by the Sciencenter March 2, 2017 REQUESTED INFORMATION Location: Intended use: Duration: Physical changes $100 Fee: Property Survey: Drawing: Insurance: NARRATIVE 401 Adams St, Ithaca, NY 14550 Freestanding sign 24" x 24' on 8 -ft single steel post Permanent None to site Attached Tax Map provided; no survey was found Photo of site with proposed sign location attached Certificate attached Although the Sciencenter is visible from the north along Rt 13, many cars and buses arriving from the south are confused by the awkward intersection at Rt. 13 and Third St (Papa Johns area). See map in Figure 1. Our preferred route is for cars to turn left on Franklin St (directly to the Sciencenter) but we want buses to continue straight on Third to Adams and turn left (to our bus parking area and school group entrance). NOTE: These routes are marked by existing signs. However. when buses on Adams St get to First St. there is no sign pointing them to continue straight across to Alice Miller Way and our bus Parking lane. Similarly, for cars that didn't turn immediately left on Franklin St, there is no indication that the Sciencenter is one block to the left (especially when tree foliage is fully out in the summer). Therefore, we are requesting permission to install a sign at 401 Adams St that directs buses and cars appropriately, which will reduce neighborhood traffic by reducing confused cars and buses looking for the correct entrance to the Sciencenter. A map and photo of the area and sign design are shown below in Figures 1, 2, and 3 below. INSTALLATION & MAINTENANCE After approval. the Sciencenter will do the following- • Work with the City to locate the exact location for the sign o Have Dig Safely NY contacted to mark underground utilities • Purchase the sign and post • Install the sign • Maintain the sign 2 CONTACT INFORMATION Charlie Trautmann, outgoing executive director of the Sclencenter, is applying for the sign permit and will attend the Board of Public Works meeting on March 13 to answer any questions. Dean Briere, Incoming executive director, will follow through with the application and oversee installation by the Sciencenter's staff. Charlie Trautmann (through March 31, 2017) 607-227-1910 Dean Briere (after April 1, 2017) 704-619-0051 3 I l'op SIGNS BELOW HAVE 3M HIGH INTENSITY WHITE ON BROWN ON .100 ALUMINUM TEXT SIZE IS 3.25' HIGHWAY B SERIES BORDER IS .5" WITH A 1.5" RADIUS SIGNS TO BE DRILLED FOR DIRECT POST MOUNT Figure 3. Design of proposed sign (24" x 24", 8 feet high to top of sign), to be manufactured by Elderlee, Inc. (Geneva) 6 ACORbr CERTIFICATE OF LIABILITY INSURANCE llll.� DATE(MM,DD"YYY) 3/1/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Tompkins Insurance Agencies, Inc. 1051 Craft Road CONTA-VNAME: T Katelyn Darbishira PHONE FAX APC Not; ADDARESS:kdarbishire@tompkinsins.com INSURER($) AFFORDING COVERAGE MARCO Ithaca NY 14850 INSURERA Philadel hia Indemnity Cc 5:.80511 INSURED INSURER B :Hartford Fire Cc SCIENCENTER DISCOVERY MUSEUM, DBA: SCIENCENTER aNsj Fc.'Travelers Prop Cas Co. of Amer 25674 601 FIRST STREET INSURER D: INSURER E : MERE P(Anyane;lew,r.) is 5,0*0 ITHACA NY 14850-3507 INSURER F: Go% RAOES CERTIFICATE NUMBER:16-17 RIF%R gIrMIU hU IU RF:ma THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INGnATED. MO TAITHSTANDING ANY REQUIREMENT, TERM OR CO€ M T I0N CF ANY CONTRACT OR O:'HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ESSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCV POLICIES. LIMITS SHO',JVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILS TYPE CF= INSUAANCE POLICY NUMBER POLICY EFF MPOMLD Y EXP LIMITS ACUIM&•MADE X COMM12RCIAL GENERAL LWBILrrY �$ OCCUR _ EACH OCCURRENCE S 1,000,000 DAMAGE T R PREMISE€ EacccLT 5 100,000 MERE P(Anyane;lew,r.) is 5,0*0 X PEPK1515185 7/5/2016 7/5/2017 PERSONAL&ADWNJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYX I I JCCT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP.10P AGG S2 , 000, ORO $ OTHER: OTHER: _ AUTOMOBILE LIABILITYEaIdEerOtSINGLE LIMIT g 1,000,000 BODILY INJURY (Per person) $ A " ANY AUTO ALL OWNED n AUTOS SCHEDULED AUTOS PHPII2515185 7/5/2016 7/5/2017 BODILY INJURY (PsrcccidwQ m X NON -OWNED HIRED AUTOS X AUTOS PR: win?l` 0A ;AGE Per scddent $ 5 X UMBRELLALIABR OCCUR EACrIOCCURCRENCE $ J GOC ()60 A EXCESSLJAB CLAIMS -MADE IPHUR546283 AGGREGATE $ e G00 OCG DED I X I RETENTIONS 10,000 g 7/5/2016 7/5/2017 B WORKERS COMPENSATION AND EMPLOYERS'LJABILITY YIN ANY PROPRIETORPPARTNER/EXECUTIVE OFFICERPMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 0IWECZJ8533 7/5/2016 7/5/2017 STATUTE ER E.L. EACH ACCIDENT $ 100 000 . E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 900,000 A fibred Auto Physical PHPK1515185 7/5/2015 7/5/2017 Actual Cash Vlslus $100 comp dad Damage $1000 Coll dad DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space to zsqulred) RE: Sign Permit City of Ithaca is included as additional insured in regards to general liability. , City of Ithaca 108 E. Green St. Ithaca, NY 14850 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Boyce/KCD _S-_ 01998.2044 ACORD CORPORA' inlM_ All rinhtts ..e .A ACORD 25 (2014101) The ACORD name and logo am registered marks of ACORD INS025 onunli CITY OF ITHACA — Superintendent of Public Works kgehring@cityofithaca.org 108 East Green Street, Suite 202, Ithaca, N.Y. 14850 Phone: (607) 274-6527 Fax: (607) 274-6587 APPLICATION FOR USE OF CITY PROPERTY (see §170 of the City Code for additional requirements, restrictions, and procedures) APPLICANT NAME f Q A NAME OF ORGANIZATION / BUSINESS O MAILING ADDRESS 6ob IC S -Pile ( SI' IN d -)Sm PHONE NUMBER Vb T-�%��I �� DATE OF APPLICATION SUBMISSION EMAIL ADDRESS V111i1i. a �z�t� IAv�tn,�n�,�� :Cnw� All of the following documentation MUST be submitted to the Superintendent's Office, along with this application form, and $100 non-refundable fee, in order for application to be considered complete. / **** Incomplete Applications will not be accepted **** C/ Provide a typed explanation of your request clearly indicating the location of the property under consideration, your intended use(s) of that property, and intended duration of use. Also, include a description of any physical changes that you wish to make to the City property and any other information you feel is relevant, such as paving, drainage improvements, signs, structures, etc. M/$106 non-refundable application fee. Checks payable to the City of Ithaca. Property survey produced by a licensed land surveyor showing the City property and adjacent private property [�/A drawing, such as submitted or approved site plan, clearly illustrating the boundaries of the City property proposed for private use, including physical changes proposed and the affected area (in square feet or acres) [/ Insurance coverage consistent with the terms stated in §170-9D(1) of the City Code FOR OFFICE USE ONLY Application Fee of $100 paid on� (date) by cash or check # 17 (circle one) Application accepted by: K.* Date: a Michirel J. Thorne, P.E., Superintendent of Public Works The Superintendent of Public Works has determined that this request should be properly treated as (check one): ❑ Temporary easement ❑ Permanent easement ❑ Lease p"'License ❑ Other The Superintendent has determined that this request ❑ does M does not involve the use of public parkland. The Superintendent has determined that this request ❑ does does not require environmental review. The Superintendent shall determine whether the requested encroachment or use interferes with any public works functions or needs, and whether any conditions should be attached to any granting of an easement, license or lease. The Superintendent has determined that additional review/action is necessary from the following (check all that apply): ❑ Mayor ff"C' ity Attorney ❑ Fire Chief Cy'60ard of Public Works ❑ City Clerk ❑ Common Council ❑ Other This application been ❑ approved ❑ with conditions ❑ denied by: Date: Michael J. Thorne, P.E , Superintendent of Public Works and a written response ❑ has ❑ has not been provided. JAFront Office FileslForms%Use of City Property Application.doc WELCO AWNINGS 8c UPHOLSTERY 207 ELMIRA RD. (607) 277-4727 (PH.) ITHACA, N.Y. 14850 (607) 277-7502 (fax) 308 E Seneca St Ithaca NY 14850 Awning over sidewalk, using 28sgft of city property. There will be no physical changes to city property. The duration would be a permanent easement DIO TWO THIRTEEN, LLC(R.O-)r HARING (RA.) 528117-001 OF NJ= Corr — — CONCm7-{`-RETANYIMG WALL Q„' 1*.* 1850 cowiaw 308 � SE LLC. N4STRUAIENT N0. 4537109—WIu a TAX AUP PARCEL NO. 62-5--14 AREA = 1920 SQ. FT. END of AS?FiALr 4 NO ALr HARING (R. 0.) P+TPO 631/609 S b0" 42 COR 0.3' ELY OF HAM COR 00, QT JCOMM cwNC. FAWD Arm \NO. 207 X FACE �oozN a ASPHALT s J3 # PARKING HLOG. FACE �4+-!�Y-\\ p ALONG R •NO. 203 8' WDE R.O.W. g FWRED IN COMMON SHARMA (R 0.) FULKERSON (R.O.) 783/32 CD251218250 BLDG. GRAvEL NO. 201 PARKING CORNER O.R' SLY BLDG• HE MEAS 95.58 TO EAST of ei0a cm NO. 308 � �rr� Y LINE OF NORTH AURORA Sr. — — — — N ~ w STREET L;NE CONCRETE MILK ti :, FAVO & CA NGW e 0.3' N S'niar a"W a fWaEM CEMNWO x 1 � uc 1 hmAg e.e* 17 sm W am mapmww coormwm Olaf f am a aaaw 7m, =.- tYr Nrk S7.ra Ih-ar N.. f160CaR aar fiat A41h m.P wmdY d.Rmafa m whr a.ny w am 4M� mmM f.• maw mor AW diaef wpar.ihn; aa1 auf 1 IfrO b = Mh memehraair dir W mrwr P�%w4�jMw wn! w ahean MraeR SmEm —7121 b"AMr o ms 111611AIX) TITLE: E -48T SENECA STREET A DENOTES CALCULATED POINT SURVEY MAP NO. 308 EAST SENEGA STREET T. G. IQLLBR P.C. mo SURNErORs CITY OF Mt4CA TOMPKINS COUNTY , NEW YORK ofCRams ms MomM Naam aWEEr P.M amt m maa% M mm tam X8 1 I". 10' 111/04MIO UPMTW SMEY 1 are�� rr aw ��iiife�en r w OP ID: DB ACRO CERTIFICATE OF LIABILITY INSURANCE UUVEIKAUES CERTIFICATE NUMRER! R9z1/ICInN NI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DATE02107/201 'Y) oz/o7�2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TRUE INSURANCE J.B. True Company, Inc. 124 Seneca WayE-MAIL Ithaca, NY 1485 Jerome B. True, Jr. CONTACT NAME: P"oNN :607-273-7511 IA/C No): 607-273-7571 ADDRESS: PRODUCER CUSTOMER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Welco ustom Trim Michael Wells, DBA 207 Elmira Road INSURER A: ERIE INSURANCE COMPANY 26263 INSURER 13:ShelterPoint Life Insurance Co INSURER C Ithaca, NY 14850 INSURER D : X INSURER E: 037 5150261 NY INSURER F: 01/01/2018 UUVEIKAUES CERTIFICATE NUMRER! R9z1/ICInN NI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDL SUER POLICY NUMBER POLICY EFF MMIDDNYYY) POLICY EXP IMMIDDIYYYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X 037 5150261 NY 01/01/2017 01/01/2018 PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY I 'TPRO LOC $ AUTOMOBILE LIABILITY ANYAUTO Q04 7930101 04129/2016 04/2912017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A X ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (PERACCIDENT) $ X NON -OWNED AUTOS $ $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ Is RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ElNIA Q85 5101526 01/0112017 01/01/2018 X I WC STATU- OTH- TORY LIMIT ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYE $ 100,00 (Mandatory In NH) If DESCRIIPTION Oes, describe F OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,00 B NYS Disability DBL272331 04/01/2007 POLICY IN FORCE UNTIL CANCELLED DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, B more space is required) CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. CITY001 CITY OF ITHACA DEPARTMENT OF PUBLIC WORKS 108 E GREEN ST., ROOM 202 ITHACA, NY 14850 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jerome B. True, Jr. ®1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Workers` Z4r-Tlr BoarC�oimrsation d CERTIFICATE OF INSURANCE COVERAGE UNDER THE NYS DISABILITY BENEFITS LAW PART 1.To be completed by Disability Benefits Carrier or Licensed Insurance Agent of that Carrier 1a. legal Name and Address of Insured (Use street address only) 1b. Business Telephone Number of Insured MICHAEL WELLS DBA WELCO CUSTOM TRIM 607-277-4727 1e. NYS Unemployment Insurance Employer Registration Number of Insured 207 ELMIRA ROAD 1350599 ITHACA, NY 14850 1d. Federal Employer Identification Number of Insured or Social Security Number 161157341 2. Name and Address of the Entity requesting Proof of Coverage 3a. Name of Insurance Carrier (Entity being listed as the Certificate Holder) ShelterPolnt life Insurance Company CITY OF ITHACA 3b. Policy Number of Entity listed In box "ta": DEPARTMENT OF PUBLIC WORKS DBL272331 108 E. GREEN STIR., ROOM 202 3e. Policy effective period: ITHACA, NY 14850 04/01/2016 to 03/31/2018 4. Policy covers: a. All of the employers employees eligible under the New York Disability Benefits Law b. Only the following class or classes of the employer's employees: Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the Insurance carrier referenced above and that the named Insured has NYS Disability Benefits Insurance coverage as described above. 2�7/2017 &Wl-fft Date signed By (Signature or insurance carrier's authorized representative or NYS licensed InScuance Agent of that Insurance carrier) Telephone Number 516-829-8100 Title Chief Executive Officer IMPORTANT: If box "4a' Is checked, and this form Is signed by the Insurance carrier's authorized representative or NYS Licensed Insurance Agent of that carrier, thls certlfkate Is COMPLETE. Mail It directly to the certificate holder, if box "4b" is checked, this certificate Is NOT COMPLETE for lha purposes of Section 220, Subd. Sof the Disability Benefits Law. It must be mailed forcompletlon to the Worker's Compensation Board, DB Plans Acceptance unit, 328 State Street, Schenectady, NY 12305. PART 2. To be completed by NYS Worker's Compensation Board (Only if box "4b" of Part 1 has been checked) Stats: of New York Worker's Compensation Board According to Information maintained by the NYS Workers Compensation Board, the above-named employer has complied with the NYS Disability Benefits Law with respect to all of his/her employees. Date Signed By (Signature of NYS Workers Compensation Board Employee) Telephone Number Title Please Note: Only Insurance carriers licensed to write NYS Disability Benefits Insurance policies and NYS Licensed Insurance Agents of those Insurance carriers are authorized to issue Form DB -120.1. insurance brokers are NOT authorized to issue this form. DB -120.1 (9-15) 13A. Approval of the Ithaca Youth Bureau Building as a Location for Future Murals — Proposed Resolution WHEREAS, in 2010, the City of Ithaca Public Art Commission (PAC) created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several City -owned sites for inclusion on the list of potential sites in the City of Ithaca Public Art Commission's Mural and Street Art Program by resolution on May 19, 2010 and has approved additional sites for inclusion in the program since that time, and WHEREAS, as a result of this approval, the PAC has worked with more than 50 artists to install murals on City -owned property throughout the city, and the response to the new murals has been overwhelmingly positive, and WHEREAS, the Ithaca Youth Bureau (IYB) has asked the PAC to consider the exterior of the IYB building as a location for future murals to help brighten up the building and make the building look more kid- and community -friendly, and WHEREAS, the PAC would like to consider the IYB building as a location for future murals and will work with IYB staff to ensure that,any proposed murals meet the IYB's goal for the space; now, therefore, be it RESOLVED, that the Board of Public Works approves the Ithaca Youth Bureau building for inclusion on the list of potential sites for, the PAC's Mural and Street Art Program; and be it further RESOLVED, that the PAC will continue to work with Planning Department staff to conduct a mutually acceptable public input procedure for engaging nearby businesses, residences, and/or business and neighborhood associations for each specific project, and be it further RESOLVED, that the PAC will work with the City Attorney to ensure that any art mural RFP or contract with a participating artist reflects and accommodates the needs and constraints of the City. Page 5of7 TO: FROM: DATE: RE: CITY OF ITHACA 108 East Green Street 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development — 607-274-6550 Community Development/TURA — 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 Board of Public Works Megan Wilson, Senior Planner March 1, 2017 Public Art Commission Request for Approval of Ithaca Youth Bureau Building as a Potential Mural Location In 2010, the City's Public Art Commission (PAC) created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work. The Board of Public Works has approved several City -owned properties as potential mural locations, and the PAC is requesting that the Board add the Ithaca Youth Bureau building to this list of pre -approved sites. The Ithaca Youth Bureau (IYB) contacted the PAC about the possibility of murals on the exterior of their building. Murals on the building would be highly visible to users of Stewart Park and the Cayuga Waterfront Trail as well as those traveling on Route 13. The IYB would like to brighten up the building and make it look more kid- and community -friendly. There are upcoming grant opportunities to fund a mural on one or more sides of the building, and both the IYB and the PAC would like to see the building added to the list of potential mural sites approved by the Board in order to take advantage of these opportunities. Images of the IYB building and a memo from IYB Director Liz Klohmann are attached for your review. If you have any questions, please contact me at 274-6560 or io'P evr'moa Ithaca Youth BureauiT 1.0 1 James L. Gibbs Drive Ithaca, New York 14850 `. 1 Phone: (607) 273-83643 m Fax: (607) 273-2817 e� "Building a foundation for a lifetime." To: Public Art Committee From: Liz Vance, Director Re: Youth Bureau Mural Date: August 30, 2016 The Ithaca Youth Bureau is interested in having one or more murals painted on the sides of our building to help brighten it up and look more kid and community friendly. The side that faces the Water Front Trail and the side that faces Rt. 13 are spots where art would be easily seen by the public. We would like to work with the Public Art Committee to find artists and designs that would be appropriate for the Youth Bureau building. Please let me know if there are certain requirements or more that I should do. Thanks! Cc: Megan Wilson JoAnn Cornish "An Equal Opportunity Employer with a commitment to workforce diversification." YOU T by i 1 Ithaca Youth Bureau Proposed Mural Locations Kathy Servoss From: Jim Semp <jimsemp@yahoo.com> Sent: Thursday, February 23, 2017 4:40 PM To: Kathy Servoss Subject: Re: 105-07 E York St Categories: BPW Hi Kathy, Thanks for your response regarding my water and sewer bill, as you seem to understand, this is a hardship, and is above normal billing by nearly $1000. All I am asking for is for the City of Ithaca BPW to consider granting a specified time period of perhaps 9 months which would make it possible for us to pay this bill, by paying over time, but without the added burden of about $150 in penalty fees added for late payment. Thank you for adding my request to the Ithaca BPW agenda, I will put the 3/13, 4:45pm meeting on my calendar and plan to attend. Thanks again. Sincerely, Jim Semp 105 E. York St. Ithaca, NY 14850 jimsemp@yahoo.com 607-227-4727 "Be the change that you wish to see in the world" Mahatma Gandhi From: Kathy Servoss <KServoss@cityofithaca.org> To: Deborah Whitney <DWhitney@cityofithaca.org>; ' jimsemp@yahoo.com" <jimsemp@yahoo.com> Cc: Michael Thorne <MThorne@cityofithaca.org>; Erik Whitney <EWhitney@cityofithaca.org> Sent: Thursday, February 23, 2017 4:16 PM Subject: RE: 105-07 E York St Debbie, Thank you for the e-mail. I did get a voicemail from Mr. Semp. Mr. Semp, This request will be put before the Board of Public Works on March 13, 2017. You are welcome and encouraged to attend the meeting, which is held at 4:45 p.m. in Council Chambers, Third Floor in City Hall. If you have any questions before then, please let me know. Kathy Servoss Executive assistant Supt. of Public Works, Engineering & Parking City of Ithaca 108 E. Green St. Ithaca, NY 14850 607-274-6527 From: Deborah Whitney Sent: Thursday, February 23, 2017 3:24 PM To: Kathy Servoss <KServoss@cityofithaca.org>; jimsemp@yahoo.com Cc: Michael Thome <MThorne@cityofithaca.org>; Erik Whitney <EWhitney@cityofithaca.org> Subject: 105-07 E York St Hi Kathy and all. I've just spoke with Mr. Semp of 105-07 E York St. On 2/2 when his latest meter read was taken, it resulted in a consumption of 115 units which is more than 5x the normal. The 2/20/17 bill attached here, is $1,418.45. Mr. Semp is asking for the opportunity to make interest free payments on the $1,418.45 and I told him that is a BPW decision; Kathy he will be calling you. As a result of the 2/2 read, an Out of Range letter was sent out. He states that he has worked with the water department and has resolved the issue the caused the high read. FYI: Mr. Semp's payment history shows timely payments in the past. Deborah Whitney City Chamberlain 108 E Green St. Ithaca, NY 14850 dwhitnev(&-cityofithaca.org Ph: (607) 274-6583 Fax: (607) 272-7348 Disability is nota brave struggle' or courage in the face of adversity.' Disability is an art. its an ingenious way to live." Neil Marcus (Actor and playwright, central figure in the development of disability culture) 13E. Authorization to Enter into Agreement with Cornell University for Erection of a Fence along Fall Creek Drive — Proposed Resolution WHEREAS, Cornell University proposes erection of a fence attaching to an existing stone wall along Fall Creek Drive; and WHEREAS, the stone wall is relatively low with a wide, flat top, from which people enjoy views of the gorge, but also unintentionally invites people to climb, stand or rest on it posing safety and welfare concerns related to falls into the gorge; and WHEREAS, although ownership of the land on which the stone wall sits is not clear, and may rest with an unknown third party, the City and Cornell as adjacent property owners to the unclaimed property (City as owner of the Fall Creek Drive right of way and Cornell as owner of the adjacent parcel) are interested in pursuing an agreement to enable Cornell to erect the fence; and WHEREAS, as part of its gorge stewardship, Cornell asked the City for permission to erect, on a voluntary basis, a fence at the stonewall to deter public access to the Cornell Gorge Parcel from the Stone Wall and Cornell obtained from the Ithaca Landmarks Preservation Commission a Certificate of Appropriateness on April 14, 2015 to construct a black metal picket fence with finials on top of the stone wall; and WHEREAS, City staff are supportive of Cornell's voluntary erection of a fence at the stone wall, and are in agreement that the fencewill serve mutual public health, safety and welfare interests; and WHEREAS, to the extent City Code Chapter 170 "Use of City Real Property" applies, the Board supports entry into an agreement with Cornell University to authorize installation of the fence; and now therefore be it RESOLVED, That Board of Public Work authorizes, upon the advice of the City Attorney and Superintendent of Public Works, the Mayor to execute an agreement with Cornell University to govern the installation of the fence and responsibilities for the fence and stone wall. Page 6 of 7 To: From: Date: Subject: CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Robert A. Sarachan, Assistant City Attorney Krin Flaherty, Assistant City Attorney Kevin Levine, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM Board of Public Works Office of the City Attorney March 9, 2017 Telephone: 607/274-6504 Fax: 607/274-6507 Resolution to authorize license to Cornell for erection of fence on Fall Creek Drive Cornell University has proposed erection of a fence attaching to an existing stone wall along Fall Creek Drive. The stone wall sits on the edge of a gorge wall that is eroding. The eroding condition of the gorge, the gorge view and stone wall pose a public safety hazard in that the public is not effectively deterred from viewing the gorge from such stone wall. Cornell and the City agree that the fence would address these concerns by preventing climbing, standing, or sitting on the stone wall, thereby preventing falls into the gorge from this section of Fall Creek Drive. Ownership of the land on which the stone wall sits is not clear, and may rest with an unknown third party. As such, this agreement is framed as a license between the two adjacent property owners (City as owner of the Fall Creek Drive right of way and Cornell as owner of the adjacent parcel) to allow Cornell to erect the fence. The proposed fence was approved for a Certificate of Appropriateness by the Ithaca Landmarks Preservation Committee on April 14, 2015 "An Equal Opportunity Employer with a commitment to workforce diversification." Draft 08.19.2016, SKE; rev.08/22/2016;rev.8/29/2016; rev.1/30.2017; rev.1/31/2017 Memorandum of Understanding Between the City of Ithaca and Cornell University Concerning A Certain Stone Wall and Proposed Fence on the Southerly Side of Fall Creek Drive in the City of Ithaca This Memorandum of Understanding (MOU) is made as of the day of 2017 by and between the City of Ithaca ("City") of City Hall, 108 East Green Street, Ithaca, NY 14850, Attention: Superintendent of Public Works, and Cornell University ("Cornell") of 116 Humphreys Service Building, _ Dryden Road, Ithaca, NY 14850, Attention: Director of Facilities Management (IPP - Facilities); and Whereas, Fall Creek Drive is a public street, owned and maintained by the City and located within the Cornell Heights Historic District (designated in 1989 under the City of Ithaca Municipal Code §228-3, and also listed on the New York State and National Registers of Historic Places in 1989); and Whereas, Cornell owns a parcel of land identified as Tax Parcel # 30 —1-1 in the City whose northerly boundary in the vicinity of Fall Creek Drive was the top of the northerly bank of the gorge or rim of the gorge ("Gorge Rim") as it existed in the 191h century, above Fall Creek ("Cornell Gorge Parcel"), which Gorge Rim has gradually moved northward due to erosion while the Cornell Gorge Parcel's property line remains spatially in its historic location; and Whereas, the portion of Fall Creek Drive that is relevant to this MOU lies at the bend in Fall Creek Drive where its northeasterly terminus runs South from Thurston Avenue and turns at roughly a 90 -degree angle to the West and continues westerly more or less parallel with Fall Creek Gorge for some distance ("Fall Creek Drive"); and Whereas, there is a stone wall located along Fall Creek Drive in the area where Fall Creek Drive turns from South to West, the relevant part of which stone wall being the portion that runs westerly for some distance parallel with Fall Creek Drive (the "Stone Wall"); and Whereas, the present course of Fall Creek Drive in the relevant area was the result of various street and lot changes made early in the 20th Century and the Stone Wall was likely built around that time or shortly thereafter; and Whereas, it is not known for certain who built the Sstone Wwalli7 heweyeF Ot war, likes • the City beeausee the 4_ARP_ Wa it (a) abuts the paving of a public street, Fall Creek Drive, (b) acts as an old-style guard rail to guide south -bound vehicles from Thurston Avenue to the right (West) instead of inadvertently driving straight toward the Fall Creek Gorge without any intervening obstacle, FnakiRg a part of the facilities of the public street, and (c) is not located within the Cornell Gorge Parcel . The City constructed a metal guide rail just to the North side of the Stone Wall within the past 10 years approximately; and Whereas, when it was built, the Stone Wall was likely placed at some small distance North of the Gorge Rim as it then existed, but decades of weather and water run-off from Fall Creek Drive and other drainage systems in that area have eroded and moved the Gorge Rim further North and continued leave a high, steep drop-off to the creek bed below and also leave little or no suitable terrain for the foundation of any fence to be placed between the Stone Wall and the top of the Gorge Rim; and Whereas, the Stone Wall is relatively low and has a wide, relatively flat top, that allows people to enjoy views from the Stone Wall, but also allows people to climb on top of the Stone Wall, and stand, sit or lie down on it (collectively "Climbing on the Stone Wall"), which actions have often been observed by Cornell and City employees; and Whereas, the parties agree that viewing Fall Creek Gorge from the Stone Wall serves a public purpose but that Climbing on the Stone Wall is not in the interest of public health, safety and welfare and has the potential to endanger and seriously harm individuals who may fall by accident or otherwise into the gorge and City and other municipal first responders attempting to rescue or recover individuals who have fallen; and Whereas, as part of its gorge stewardship, Cornell asked the City for permission to erect, on a voluntary basis, a fence at the Stone Wall to deter public access to the Cornell Gorge Parcel from the Stone Wall; and Whereas, the City's Department of Public Works determines it is in the interest of public health, safety and welfare for the City to grant Cornell permission to erect, on a voluntary basis, a fence at the Stone Wall; and Whereas, Cornell obtained from the Ithaca Landmarks Preservation Commission a Certificate of Appropriateness on April 14, 2015 to construct a black metal picket fence with finials (the "Fence") on top of the Stone Wall (the location being designated 323 Fall Creek Drive) (the "Location"), a copy of which is attached as Exhibit A hereto; and NOW THEREFORE, the City is willing to allow Cornell to erect the Fence at the Location upon the terms and conditions set forth in this Memorandum of Understanding ("MOU"): 1 The City hereby grants a license to Cornell to construct, keep and maintain, and from time to time, to repair or replace, the Fence in the Location, at Cornell's sole cost and expense for a term of thirty (30yrs) years. This grant shall include initially and from time to time thereafter, a temporary license to additional space along Fall Creek Drive for construction or repair space, to be arranged and agreed upon between the parties in advance of any such temporary usage. 2 Cornell agrees to construct, keep and maintain the Fence and the Fence's points of attachment to the Stone Wall in a structurally sound and cosmetically presentable condition for the term of this MOU. Cornell agrees to obtain any building permit or other permits that are applicable to initial construction and installation and any future repair or replacement, at its sole cost and expense. Cornell may repair or replace the Fence with the same type of Fence or with a fence that is different in appearance or materials, provided that Cornell obtains approval, if applicable, for the different fence from the City's Board of Public Works and the Ithaca Landmarks Commission or successor municipal agencies, if any. Henceforth the term "Fence" shall include any subsequent different fence unless a contrary meaning is apparent. 4 3 The Parties agree that the Fence shall be the responsibility and property of Cornell for the duration of this MOU and no rights in the Fence may be obtained by the City by adverse possession or use or otherwise without due process of law, except as provided herein. 4 The Parties agree that the license granted by the City is not an interest in real property and no rights in real property are granted by the City in or to the Stone Wall and the ground beneath it and none may be obtained by Cornell by adverse possession, necessity, use, or otherwise. 5 Prior to initial construction and installation and subsequently in the event Cornell plans to perform maintenance, repair, or replacement of the Fence, Cornell shall in each instance notify the City in writing at least fifteen (15) days in advance of the planned work to coordinate any street or lane closure, caution signage, or other matters of concern to the Parties, In the case of emergency, Cornell may give any notice that is feasible such as by telephone call or email and in case advance notice is not feasible, then notice after -the -fact shall be given as soon as practicable. 6 When from time to time the City needs to accomplish the City's public works and services, including but not limited to maintaining, repairing or replacing the Stone Wall, snow- plowing, road repaving, sidewalk and guide rail work, garbage and :a. recycling pick-up, and repairing or replacing public utilities and storm water facilities in the area of the Fence, the City agrees to use reasonable care (and to require the same of its contractors) in the execution of its public works and services to safeguard the Fence from damage or loss public work, to reinstall it in the same or better condition@ram OF Feplaee any paFt of the FPRcP that da 9F lost or ifthe PeRee ha; ta bp efacilitatei P the camp r I., 4pr ,.,...a:+',.. If the Fence or any part of it has to be removed temporarily to accomplish the work, then, if practicable under the circumstances (which clause shall modify the full remainder of this sentence), the City shall give Cornell at least fifteen (15) days advance written noticei4 to enable Cornell to provide secure, temporary fencing of approximately the same dimensions and provided with secure anchorage so as to serve the same purpose and function as the Fence whenever the site is not being actively worked on and attended by City employees or contractors, including nights and weekends. 7 Nothing in this MOU shall require Cornell to maintain, repair, or replace the Stone Wall beyond using reasonable care in attaching and in the course of maintaining, repairing and replacing the Fence, except as provided by this MOU. Nothing in this MOU shall require the City to maintain, repair, or replace the Stone Wall may be required for continued attachment of the Fence^��+ ,s PFevided by this PAIGII. Nonetheless the parties recognize the potentially precarious nature of the Location due to erosion. They may (and are encouraged), but are not required, to give each other notice of changes in natural or human-made conditions that they may notice affecting the Stone Wall or the Fence. The parties agree to discuss from time to time as needed any measures or cooperative actions that would be mutually beneficial to maintaining or prolonging the Stone Wall and Fence. Nonetheless, the Parties also recognize that despite reasonable efforts, the time may come when it is no longer physically feasible or practical or economical to maintain either or both the Fence or the Stone Wall due to the progress of natural conditions at the site or accidental damage (such as from a vehicle severely damaging one or both) and agree to explore alternatives that would be in the interest of the public health, safety, and welfare and Cornell's gorge stewardship. 8 Notwithstanding the foregoing, nothing in this MOU shall require Cornell to maintain the Fence in perpetuity and Cornell's undertaking herein is voluntary. Cornell may relinquish its right to maintain the Fence by giving one -hundred -twenty (120) days advance written notice ("Notice of Relinquishment") to the City, at the end of which time Cornell shall dismantle and remove the Fence and repair cosmetically the points of attachment of the Fence to the Stone Wall or elsewhere, n unless Cornell has received, at least thirty (30) days before the expiration of the Notice of Relinquishment, a written notice from the City that the City wishes to take over the Fence and become solely responsible for the Fence at its sole cost and expense ("Notice of Take Over"). Upon delivery of a Notice of Take Over from the City, the Fence shall become the property of the City and this MOU shall terminate. 9 In the event that Cornell is not maintaining the Fence in a structurally sound or cosmetically presentable condition as required herein, the City may give one -hundred -twenty (120) days advance written notice, specifying the ways in which the Fence is not structurally sound or cosmetically presentable to Cornell to remedy the Fence's condition ("Notice to Remedy"). Before the end of the Notice to Remedy period, Cornell agrees to and shall have remedied the condition unless either (a) weather conditions or conditions affecting letting of contracts or obtaining labor and materials, or other conditions beyond Cornell's reasonable control cause delay in which case Cornell shall have more than 120 days if it notifies the City of the delay and is proceeding diligently and in good faith and completes the work to remedy within a reasonable time thereafter; OR (b) Cornell gives the City a Notice of Relinquishment at least thirty (30) days before the expiration of the Notice to Remedy, in which latter case either (i) Cornell shall dismantle and remove the Fence and repair cosmetically the points of attachment of the Fence within not less than ninety (90) or more than one hundred eighty (180) days from Cornell's Notice of Relinquishment in which case this MOU shall terminate effective upon removal and cosmetic repair of points of attachment; OR (ii) the City gives Cornell a Notice of Take Over within ninety days (90) days of Cornell's Notice of Relinquishment, in which case the Fence shall become the property of the City and this MOU shall terminate. 10 In the event Cornell fails or refuses to maintain the Fence after Notice to Remedy and fails or refuses to give its Notice of Relinquishment, then the City may either (a) give Notice of Take Over, or (b) dismantle and remove the Fence and dispose of it as it may see fit as freely as if the Fence were City property and send Cornell an invoice for the City's expenses for removal and disposal including overhead and less salvage value actually used or received by the City. 11 Cornell agrees to and will indemnify and hold the City harmless on account of claims, law suits, demands, orders or judgments asserted by third parties for injuries (including death) or property damage occurring or arising solely as the result of the Fence or its condition or its maintenance, to include indemnification for the City's reasonable attorneys' fees and expenses of defense, and not due to the Stone Wall, or potential City contributory negligence. Cornell is not obligated to indemnify and hold the City harmless on account of challenges to the City's authority or decision to enter into this MOU. NotwithstandinL7 II physical characteristics of the fence, including but not limited to its height from the ground; its resistance to being climbed, scaled, or jumped; its structural integrity; and its resistance to collapsing, leaning, subsiding, shifting or otherwise moving, whether suddenly or gradually, whether or not in concert with the Stone Wall; shall constitute conditions solely attributable to the Fence or its condition or its maintenance for purposes of this MOU. 12 following: Stone Wall, Fall Creek Drive, or the metal guiderail. Thy of the c+,. w Wall Fall GFeek DFiv . F the metal g w„k"..,ok In the case that either Party demands or has reason to anticipate that it may demand defense and indemnification ("Demanding Party") from the other Party ("Indemnifying Party") pursuant to this MOU, it agrees to put the Indemnifying Party on written notice of the facts as soon as practical but in any event not later than five (5) business days after the matter comes to its attention and give the Indemnifying Party the opportunity to investigate and defend either in cooperation with the Demanding Party, or with the approval of the Demanding Party, under the control of the Indemnifying Party's attorneys, unless the Parties' positions as to potential negligence in the matter are irreconcilably in conflict, in which case the obligation to defend shall abide the determination of negligence and final judgment by a court of competent jurisdiction and exhaustion of appeals. 13 Each Party represents and warrants to the other that it has and will at all times maintain a program of general liability insurance adequate to support their respective indemnification responsibilities as set forth in paragraphs 11 and 12.. 14 The Parties agree to attempt in good faith to resolve through prompt communication and negotiation any dispute, claim or controversy arising out of or relating to this MOU. Either Party may initiate negotiations by providing written notice in a letter to the other Party, describing the nature of the dispute and the relief requested. The other Party shall respond within fifteen (15) business days in writing with a statement of its position on the matter and describe its recommended 10 solution. If this exchange does not result in a settlement of the Parties' differences, then a senior executive representative of each Party shall meet at a mutually agreeable time and place within forty-five (45) business days from the initial letter to exchange information and positions and attempt in good faith to resolve the issues. If either Party brings a suit or cause of action against the other, it shall be brought and tried in Supreme Court of New York held in and for Tompkins County, NY. Formatted: Normal, No bullets or numbering Formatted: Font: 14 pt 4417 This agreement is subject to the Laws of New York. -1-7-18 Should any provision or portion of a provision of this MOU be deemed contrary to law or unenforceable or against public policy, the remainder of this MOU shall be reformed to the extent necessary to give 11 effect and meaning to the balance of the MOU and all its remaining provisions shall survive and remain in full force and effect. 4$19 This MOU may be executed in counterparts, each of which shall be a duplicate original. 4320 This MOU contains all the terms, prior understandings, representations and agreements between the Parties and may not be modified orally or in any other manner except by written agreement specifically referring to this MOU and signed by the Parties. IN WITNESS WHEREOF, the Parties have caused this MOU to be signed on the day and year indicated following each signature. For: The City of Ithaca Dated: Title: For: Cornell University By: Dated: Title: 12 13F. Resolution to Grant Hardship for 109 Parker Street for the Residential Park!na Permit System WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted June 9, 2004, for implementation of the Residential Parking Permit System (RPPS), which was established by Common Council on May 6, 1998 after an act of the New York State Legislature, and WHEREAS, in accordance with Section 260-4 of the City Code and in accordance with the BPW regulations, the BPW may grant hardship requests, and WHEREAS, 109 Parker Street is on a street within the residential Parking Permit Zone without on -street parking and is within the R-2 zoning designation; therefore allowing up to four permits per multifamily dwelling, now, therefore be it RESOLVED, That the Board of Public Works hereby grants up to four residents of 109 Parker Street to purchase permits for the Residential Parking Permit Systems, in accordance with the above-mentioned regulations. Page 7 of 7 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-5690 Telephone: 607/274-6530 Fax: 607/274-6567 To: Board of Public Works From: Eric Hathaway, Transportation Engineer Date: February 28, 2017 Re: Residential Parking Permit System Hardship Request 109 Parker Street I am recommending approval of the enclosed Residential Parking Permit System (RPPS) hardship request from Mr. DeArmond, a resident at 109 Parker Street. Section 260-4 of the City Code, Residential Parking Permit System: Exemptions, states four circumstances in which a resident may apply to the Board of Public Works for a permit not otherwise available. The third case is, "where residents living on a street within the Residential Parking Permit Zone without on -street parking wish to purchase a permit for on -street parking on a street where permits are required." Mr. DeArmond lives on Parker Street, which is within the Residential Parking Permit Zone. Parker Street does not have parking on either side of the street. Mr. DeArmond wishes to purchase a permit for on -street parking on a street where permits are required. This is not the first time we have received a request from a resident of this address. I see no issues with granting a hardship for up to four residential parking permits for 109 Parker Street, given that it is a multifamily dwelling in the R-2 zoning designation. "An Equal Opportunity Employer with commitment to workforce diversification." I 't I- I , I 2Q1;q 11,; � "I .Board of PObliv, Works c/o kflobaei Thome of 7111tiblic Works 481;, Or= st, Ithaca, NY 14850 I am writing to appeal the by the 4um`,. T h= S t� � aA qldli J41'r. a, ilF .T jjr I f��y;� V4 s 1,nat?d bOt-A'C'en F 12 3"t X-11-,-,i�di 3�f�r- ark-A-ng O -Pam's M -,v- build"nog, rhx-,,-�nu, hwvv P.T.Ioagpll,p P�IT.kw� St� . 3hi .Sor;:- pCj)P;C3 gw;17,; R)z,--d tc) n"Ove nnv ",-,rarrrf 'i" f M ro t