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HomeMy WebLinkAbout2026-01-26 TB Agenda and MaterialsMEETING OF THE ITHACA TOWN BOARD Town Hall - 215 N. Tioga St. January 26, 2025 – 4:30 p.m. This meeting will be on ZOOM (ID 98910958241) for public viewing and participation and viewing only via YouTubeMeetingsLink AGENDA 1. Ithaca Fire Department Annual Report – Chief Moody 2. Public hearing and considering adoption of a local law allowing a monetary contribution to the City of Ithaca in support of Cass and Stewart Parks 3. Authorization to award contract – Concept level design and cost estimates – South Hill Recreation Way Extension Project 4. Committee Reports a. Budget b. Codes & Ordinances c. Personnel and Organization/ERC d. Planning e. Public Works f. Parks, Trails, Preserves & Recreation g. Cayuga Lake Watershed Intermunicipal Organization h. Other – Earth Source Heat 5. Discuss AOT Resolutions 6. Consent Agenda a. Approval of Minutes b. Approval of Town of Ithaca Abstract c. Appointment to Conservation Board – Louck d. Approval and authorization for professional services – Use & Occupancy Permits revisions e. Approval of 2026 Rates – Engineering Services Contract 7. Review of Correspondence Town of Ithaca Notice of Public Hearings The Town Board will hold a public hearing at its meeting held on January 26, 2026, beginning at 4:30 p.m. local time, at Town Hall, 215 N Tioga St, regarding a proposed local law “Authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities.” Comments can be made in person or via the ZOOM audio/visual platform, in person or mailed/emailed up until 3pm the day of the meeting to the Town Clerk’s office. Links to the proposed local laws and for the ZOOM platform are available on our website at www.townithacany.gov 1/21/2026 Paulette Rosa Town Clerk MEETING OF THE ITHACA TOWN BOARD January 26, 2026 TB Resolution 2026 - : Adoption of Local Law XXX of 2026, “Authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities Whereas, the Town Board adopted a budget for 2026 including an amount of $110,000.00 for a contribution towards City Parks, of which approximately $68,000 would result in a special benefit to Town residents, but the remainder would be considered a gift, and Whereas, pursuant to the Town’s New York State Municipal Home Rule powers, a local law may be adopted to authorize the Town to make a gift to another municipality where the gift furthers a public purpose of the Town, and Whereas, a public hearing was duly advertised and held on January 26, 2026, and all persons interested permitted an opportunity to speak on behalf of or in opposition to the proposed local law, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval of the local law is a Type II action because it constitutes “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and therefore this action is not subject to review under SEQRA, now therefore be it Resolved that the Town Board adopts Local Law XX of 2026 “Authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities.” Moved: Seconded: Vote: ayes – Adopted XXXX TOWN OF ITHACA LOCAL LAW NO. XX OF THE YEAR 2026 A LOCAL LAW AUTHORIZING A MONETARY GIFT TO THE CITY OF ITHACA TO SUPPORT CASS PARK AND STEWART PARK RECREATIONAL FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Authorization. This local law is adopted pursuant to New York Municipal Home Rule Law §10(1)(i), which grants local governments the power to adopt local laws not inconsistent with the New York State Constitution or any general law relating to their property, affairs or government. The New York State Constitution, Article VIII, § 1, does not prohibit municipalities from making gifts to or in aid of public entities for public purposes. Section 2. Purpose. The purpose of this local law is to authorize the Town of Ithaca to make a gift to the City of Ithaca to support the City’s Cass Park pool and skating rink, and the City’s recreational facilities at Stewart Park. The Town of Ithaca intends to give the City of Ithaca One Hundred Thousand Dollars ($110,000.00) in 2026 to support these facilities, which are used by Town of Ithaca residents and serve a Town of Ithaca public purpose. In exchange, the City of Ithaca will offer Town of Ithaca residents a discount on recreation programs valued at approximately Sixty-two Thousand Dollars ($68,000). This law authorizes the Town of Ithaca to make a gift to the City of Ithaca to the extent the Town’s payments to the City exceed the monetary benefit of the discounts received by Town residents. Section 3. Gift to City of Ithaca. Upon execution of a Memorandum of Understanding between the Town of Ithaca and the City of Ithaca, the Town of Ithaca is authorized to make a gift to the City of Ithaca, pursuant to the Memorandum of Understanding’s terms, in the amount and for the purposes described in Section 2 above. Section 4. Partial Invalidity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 5. Effective Date. This local law shall take effect immediately upon its filing with the New York Secretary of State. MEETING OF THE ITHACA TOWN BOARD January 26, 2026 TB Resolution 2026 - : Authorization to Award Contract for Concept Level Design and Cost Estimates for the South Hill Recreation Way Extension Project (Burns Rd to Banks Rd) Whereas, the Town of Ithaca has received financial assistance from Tompkins County under the Tourism Capital Grant program for the purpose of funding concept level designs and cost estimates for the South Hill Recreation Way Extension project (Burns Rd to Banks Rd), and Whereas, on November 24, 2025, the Town received six detailed proposals to develop concept level designs and cost estimates for the South Hill Recreation Way Extension project (Burns Rd to Banks Rd), and Whereas, members of Town Engineering, Public Works, and Planning staff have reviewed the proposals and qualifications of the firms and discussed the proposed recommendation with the Town’s Public Works Committee on December 16, 2025, and Whereas, it is recommended the award of a fixed fee of $34,336 (Thirty-Four Thousand Three Hundred Thirty-Six Dollars and Zero Cents) to MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C. (MJ), and be it further Resolved, that the total contract amount shall not exceed $34,336 (Thirty-Four Thousand Three Hundred Thirty-Six Dollars and Zero Cents), and be it further, Resolved, that the Town Board authorizes the award and execution by the Town Supervisor of a contract for design services with MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C., 21 Corporate Drive, Clifton Park, NY 12065, subject to the review by the Attorney of the Town. Moved: Seconded: Vote: DEPARTMENT OF PLANNING 215 N. Tioga Street, Ithaca NY 14850 607-273-1747 www.townithacany.gov TO: TOWN BOARD MEMBERS FROM: MICHAEL SMITH, SENIOR PLANNER DATE: JANUARY 21, 2026 RE: SOUTH HILL RECREATION WAY EXTENSION PROJECT (BURNS RD TO BANKS RD) ENGINEERING SERVICES AGREEMENT – MJ ENGINEERING, ARCHITECTURE, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING, P.C. As most of you know, approximately 25 years ago, the 3.4-mile South Hill Recreation Way, through the City and Town of Ithaca was created as a non-motorized, multi-use trail that follows the route of a former Delaware, Lackawanna and Western (DL&W) Railway. The rail corridor east of the existing trail’s terminus at Burns Road in the Town of Ithaca travels a relatively clear but unimproved and unmarked trail on the continued railway for another 1.85 miles through the Towns of Dryden and Danby to Banks Road wh ich is currently owned by New York State Electric and Gas (NYSEG). The trail extension would allow safe, off-street recreational access to these added residents as well as extended recreational options to walkers, dog walkers, runners, bikers and cross-country skiers. Each of the noted Towns have an easement with NYSEG to allow for formal trail development of this trail section. In order to develop a trail extension that enjoys as much success as the existing trail, careful design work needs to be conducted so as to address safe road crossings, adjacent landowners concerns regarding privacy, signage and barriers to minimize trespass, and key maintenance issues, among other things. While not part of this current project, the Town’s of Ithaca, Dryden, Danby and Caroline have an easement with NYSEG to ultimately allow the extension of the trail from Burns Road to White Church Road, ending at the Tompkins County border. The overall tot al future trail extension will be approximately 7.8 miles. In 2022, the Town received funding from Tompkins County through the Tourism Capital Grant program for this feasibility study project. In October 2025, the Town released a Request for Proposals for engineering and landscape architecture services for this project. The Town received six proposals in November 2025 for concept level designs and preparation of cost estimates. Town staff reviewed the proposals and qualifications of this firms and discussed the proposed recommendation with the Town’s Public Works Committee on December 16, 2025. It is recommended that the Town select MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C. (MJ) for $34,336 for this design project. Attached is a copy of the draft contract along with a draft resolution for the Board’s consideration authorizing the award and execution of a contract with MJ. Please contact me at 273-1747 or email me at msmith@townithacany.gov if you have any questions prior to the January 26th meeting. 1 Town of Ithaca and MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C. THIS AGREEMENT is made this __ day of ______, 2026 between the TOWN OF ITHACA, with offices at 215 N. Tioga St., Ithaca, New York 14850 (hereinafter referred to as the "Town"), and MJ ENGINEERING, ARCHITECTURE, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING, P.C., with offices at 21 Corporate Drive, Clifton Park, New York 12065 (hereinafter referred to as the "Engineer" or “Contractor”). The Town and Engineer agree as follows: 1. Services to be Performed. Engineer agrees to perform services for the Town as set forth in the “Scope of Work” section in the Town’s Request for Proposal (RFP) for Engineering and Landscape Architecture Services / Preparation of Concept Level Design and Construction Cost Estimates for the South Hill Recreation Way Extension Project / Burns Road to Banks Road, dated October 27, 2025 (the “RFP”) and in the “Scope of Work and Strategy” section in Engineer’s November 24, 2025 response to the RFP (the “Proposal”) submitted to the Town. Engineer shall comply with the tasks schedule as set forth in Exhibit B. The relevant portions of the RFP and Proposal are attached as Exhibit A and Exhibit B, respectively. 2. Fees. The Contractor shall be paid Thirty-Four Thousand Three Hundred Thirty-Six Dollars and no Cents ($34,336.00) on a fixed fee basis for services provided, including all travel, time and expenses associated with providing these services to the Town. Payments will be made upon completion of services and in accordance with the procedures in Section 5 below. 3. Term of Agreement. The term of this Agreement shall be from February 1, 2026 to October 31, 2026, unless earlier terminated by either party. Notwithstanding the term set forth above, this Agreement may be terminated by either party at any time without cause upon seven (7) days prior written notice to the other party, in which case the Engineer shall be paid pro rata for the satisfactory work performed to the date of termination. This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party. Termination shall be effected by the breaching party’s receipt of a written notice of termination setting forth the manner in which the party is in default. In the event of the Town’s termination for Engineer’s default, the Engineer will be paid only for services performed in accordance with this Agreement. If it is later determined by the Town that the Engineer had an excusable reason for not performing, such as a strike, fire, flood, or other events which are not the fault of or are beyond the control of Engineer, the Town may allow the Engineer to continue work, or treat the termination as a termination without cause. 4. Quality of Work. The work to be performed hereunder shall be of good workmanship and quality. If this Agreement is for the performance of services, the Engineer 2 shall perform its services using that degree of skill and care ordinarily exercised under similar conditions by experienced, qualified, competent and reputable professionals practicing in the same field in the same or similar locality at the time of performance. 5. Payment for Services. Requests for payments for services shall be submitted on the standard Town voucher, which will list the tasks, activities, products and expenses, the dates on which performed, supplied or incurred, and, if applicable, the time spent on each indicated date for which the Town is being billed. Vouchers shall be submitted upon satisfactory completion of services or the provision of goods, with requests for payments based on the proportion of the fixed amount earned for each task satisfactorily completed. Such proportions shall be determined by a proportionate payment milestone chart to be agreed on between the Town and Engineer. The Town Board will review requests for payment and, if acceptable, pay for the services and/or products after submission of the vouchers to the Town Board and approval of same by the Board in compliance with the Town Board’s statutory duties to audit claims for payment. In no event will the total payments to Contractor exceed the fixed fee stated in Section 2 above. 6. Relationship. The Engineer is, for all purposes (including, without limitation, withholding of income tax, payment of workman's compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Agreement. Engineer shall determine the times and manner of performance of any services for the Town hereunder consistent with the overall obligations to complete the work contemplated by this Agreement. Engineer shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Engineer sees fit and for such other persons, firms, or entities as Engineer deems advisable, provided that such other services do not constitute a conflict of interest with the interests of the Town. 7. Ownership of Products of Service. All work products of any services to be performed hereunder shall be the property of the Town, and the Town is vested with all rights therein, including the right to use, duplicate, distribute, share or sell such materials, without any further compensation of any nature to Engineer. If patents or copyrights may be obtained with respect to such work, the Town shall own same and have all rights to same without further compensation to the Engineer. The Engineer also retains the right to use the work products. Any reuse of the work product not for their intended purpose shall be at the sole risk to the Town. 8. Regulatory and County Grant Compliance. A. All work under the Agreement shall be performed in accordance with applicable statutes, rules and regulations of the Federal, State, and local governments and agencies. B. Contractor shall comply with all provisions, terms and conditions applicable to Town’s contractors in the Town’s contract with the County of Tompkins named “2022 TC Grant – Town of Ithaca”, contract number 2022-PLAN- 3 002765, with a term commencing on November 2, 2022, as amended by an Amendment to Original Agreement, executed in February 2023 (collectively, the “County Grant Agreement”). The County Grant Agreement is attached to the RFP as Exhibit D. 9. Insurance Requirements. A. The Contractor and any subcontractors (Subcontractors) shall purchase and maintain insurance of the following types of coverage and limits of liability with insurance carriers licensed in New York State that have a rating no lower than "A- VII" by the most recent A.M. Best's Key Rating Guide, unless otherwise agreed to by the Town of Ithaca: 1) Commercial General Liability (CGL) with limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate. a) If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project. b) CGL coverage shall be written on ISO Occurrence form CG 00 01 1093 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products-completed operations, and personal and advertising injury. c) Contractor, the Town of Ithaca, Tompkins County and all other parties required of the Contractor/Subcontractor, shall be included as Additional Insureds on the CGL, using ISO Additional Insured Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insureds. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Contractor/Subcontractor. It shall apply as Primary and non- contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. d) Contractor/Subcontractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Completed Operations coverage for itself and each additional insured for at least 3 years after completion of the Work. e) The policy may not contain any exclusions relating to NY Labor Law or municipal work. 2) Automobile Liability a) Business Auto Liability with limits of at least $1,000,000 each accident. b) Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles. c) Contractor, Town of Ithaca, Tompkins County and all other parties required of the Contractor, shall be included as Additional Insureds on the auto policy. 3) Commercial Umbrella a) Umbrella limits must be at least $5,000,000. 4 b) Umbrella coverage must include as insureds all entities that are additional insureds on the CGL. c) Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL, Automobile Liability and Employer’s Liability coverages maintained by the Contractor/Subcontractor. d) The policy may not contain any exclusions relating to NY Labor Law or municipal work. 4) Professional Liability with limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate for the professional acts of the Consultant performed. 5) Workers’ Compensation and Employer’s Liability - Statutory coverage complying with the New York Workers’ Compensation Law - Contractor and Subcontractors must submit one of the following: • CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation, 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 6) Disability Benefits Coverage - Statutory coverage complying with NYS Workers’ Compensation Law - Contractor and Subcontractors must submit one of the following: • CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits Coverage, OR • DB120.1 - Certification of Disability Benefits Insurance, OR • DB155 - Certificate of Disability Self-Insurance B. Waiver of Subrogation 1) Contractor waives all rights against the Town of Ithaca, Tompkins County and their respective elected officials, public officers, Boards, employees and agents for recovery of damages to the extent these damages are covered by Commercial General Liability, Commercial Umbrella liability, Automobile Liability, Workers’ Compensation, and/or Employer’s Liability insurance maintained per the requirements stated above. 2) Contractor shall assure that all Subcontractors execute a waiver of all rights against Contractor, the Town of Ithaca, Tompkins County and their respective elected officials, public officers, Boards, directors, officers, employees and agents for recovery of damages to the extent these damages are covered by Commercial General Liability, Commercial Umbrella liability, Automobile Liability, Workers’ Compensation, and/or Employer's Liability insurance 5 maintained per the requirements stated above. Contractor shall provide the Subcontractors’ executed subrogation waivers to the Town of Ithaca prior to the commencement of work under this Agreement. C. Attached to each certificate of insurance shall be a copy of the Additional Insured Endorsement that is part of the Contractor/Subcontractor’s policies. These certificates and the insurance policies shall contain a provision that coverage afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Town of Ithaca. D. Contractor acknowledges that failure to obtain such insurance on behalf of the Town of Ithaca and Tompkins County constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Town of Ithaca. The Contractor is to provide the Town of Ithaca with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the Town of Ithaca to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the Town of Ithaca. E. Additional Subcontractor Requirements 1) Without in any way limiting the Contractor's liability pursuant to the indemnification provisions of this Agreement, the Contractor shall require each Subcontractor to: (a) maintain insurance coverages and limits of liability in accordance with the provisions of this Agreement (though the Commercial Umbrella limits required of each Subcontractor may be adjusted, if agreed to by the Town of Ithaca, in advance of any work being undertaken); and (b) name the Town of Ithaca, Tompkins County, the Contractor, and their respective elected officials, public officers, Boards, directors, officers, employees and agents as Additional Insureds on a direct primary basis under its Commercial General Liability insurance policy and Commercial Umbrella insurance policy. 2) The Contractor is responsible for obtaining and providing to the Town of Ithaca Certificates of Insurance from each Subcontractor evidencing coverage in accordance with the requirements applicable to Subcontractors under these Insurance Requirements, and the Contractor shall not permit Subcontractor’s work to be undertaken until Subcontractor’s compliance with such requirements is evidenced. 10. Indemnity. To the fullest extent permitted by law, the Engineer agrees to fully defend, indemnify and hold harmless the Town, its elected officials, public officers, employees, and agents from and against all claims, actions, suits, demands, complaints, damages, liabilities, obligations, losses, settlements, judgments, governmental investigations, costs and expenses (including without limitation reasonable attorney’s fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, to the extent caused by, resulting from or arising out of the negligent acts or omissions of Engineer or Engineer’s employees, agents or subcontractors, in 6 connection with this Agreement. To the extent the Town is negligent, Engineer’s duty to indemnify the Town shall not extend to the proportion of loss attributable to the Town’s negligence. 11. Engineer May Not Assign. This Agreement may not be assigned by the Engineer without the previous written consent to such assignment from the Town, which consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Agreement personally with the Engineer and is not intending that it be performed by any other person or entity. 12. Binding Nature of Agreement. This Agreement is binding upon the parties, their respective representatives and successors and, when assignment is permitted, assigns. 13. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York without regard to, or the application of, New York State’s choice of law provisions. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought only in an appropriate Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court. 14. Notices. Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally or by commercial courier service upon the other party at the address set forth above, or, if the mails are operating, mailed by certified mail to the other party at the address set forth above, return receipt requested. All notices shall be effective upon the date of receipt. Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements, negotiations or understandings, existing between the parties. This Agreement may be amended only by written instrument signed by each party. 16. Survival. The rights and obligations of the respective parties under Section 10 (Indemnity), Section 12 (Binding Nature of Agreement), Section 13 (Governing Law, Jurisdiction, and Enforcement), and Section 17 (Claims and Disputes Arbitration) shall survive the expiration or termination (for any reason) of this Agreement and remain in full force and effect. 17. Claims and Disputes Arbitration. The Town may elect to subject disputes arising out of this Agreement to resolution by mediation, arbitration or litigation. This election can be made at any time up until sixty (60) days after the claim or dispute arises in writing. If the Town does not make an election, the dispute shall be subject only to litigation. Unless otherwise agreed by the parties at the time of such election, 7 the rules governing mediation or arbitration invoked by the Town shall be the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Engineer hereby waives the right to elect the method of dispute resolution and agrees that this waiver is supported by sufficient and appropriate consideration. 18. Severability. If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signed with the invalid portion so modified or eliminated. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. TOWN OF ITHACA MJ ENGINEERING, ARCHITECTURE, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING, P.C. By: By: ___________________ Rod Howe Michael D. Panichelli, P.E. Town Supervisor President Date: _______________________ Date: ____________________ 3 General Information and Proposal Requirements A. Purpose The purpose of this “Request for Proposal” (RFP) is to solicit professional engineering and/or landscape architectural firms (hereinafter called “Consultants”) for detailed Proposals to prepare concept level design and construction cost estimates for the potential extension of the South Hill Recreation Way south, from Burns Road to Banks Road. The planning for this 1.85 -mile extension will include preliminary recommendations for safe road crossings, trailheads, stream crossings, stormwater and drainage treatments, landscape improvements, and privacy for adjacent landowners. The project will also include preliminary cost estimates for construction of the trail extension. With the preparation of th is planning document, the Town’s would be prepared to move forward with detailed design and construction , with the potential for seeking new funding sources for construction. The Selection Committee will review the Proposals and make a recommendation to the Public Works Committee o f the Town of Ithaca Town Board , based upon an evaluation of the following criteria: recent related project experience, personnel assigned to project (Project Team), understanding of the project, schedule for co mpletion, estimate of hours, and fixed fee. Final selection of a design consultant will be made by the Town of Ithaca Town Board. B. Background 25 years ago, the 3.4-mile South Hill Recreation Way, through the City and Town of Ithaca was created as a non-motorized, multi-use trail that follows the route of a former Delaware, Lackawanna and Western (DL&W) Railway. As a former railroad, the terrain of the corridor is ideal for the development of a pedestrian and bicycle trail which meets each road intersection at a gentle grade (except for a short segment at Burns Road), enabling easy access to all users as well as sustaining a grade that allows for people to travel with relative ease. With the exception of road crossings, the trail corridor passes through scenic woodlands, woodland streams, and natural gorges. Adjacent to the former rail corridor are private woodlands, farms and low density residential properties. The rail corridor east of the existing trail’s terminus at Burns Road in the Town of Ithaca travels a relatively clear but unimproved and unmarked trail on the continued railway for another 1.85 miles through the Towns of Dryden and Danby to Banks Road which is currently owned by New York State Electric and Gas (NYSEG). The trail extension would allow safe, off-street recreational access to these added residents as well as extended recreational options to walkers, dog walkers, runners, bikers and cross-country skiers. Each of the noted Towns have an easement with NYSEG to allow for formal trail development of this trail section. In order to develop a trail extension that enjoys as much success as the existing trail, careful design work needs to be conducted so as to address safe road crossings, adjacent landowners concerns regarding privacy, signage and barriers to minimize trespass, and key maintenance issues, among other things. This project is funded in part by a Tompkins County Tourism Capital Grant. While not part of this current project, the Town’s of Ithaca, Dryden, Danby and Caroline have an easement with NYSEG to ultimately allow the extension of the trail from Burns Road to White Church Road , ending at the Tompkins County border. The overall total future trail extension will be approximately 7.8 miles. C. Issuing Office This RFP was prepared for the Town of Ithaca Town Board by the Town of Ithaca Planning , Engineering, and Public Works Department s. The project representative for the South Hill Recreation Way Extension Project (Burns Rd to Banks Rd) is Michael Smith, Senior Planner. D. Scope of Services The primary objective of the project will be to prepare concept level design and construction cost estimates for the potential extension of the South Hill Recreation Way south, from Burns Road to Banks Road , as identified on the Location Map (Exhibit C). The project is located on a former railroad bed currently owned by NYSEG, on a 20-foot wide easement that the Town’s hold . 4 The Consultant shall provide an overall (Lump-sum) cost to perform the scope of services identified below. • A thorough review of all supplied project information and one site visit to become familiar with field conditions. • Preliminary recommendations for the safe access in approaching and crossing the three (3) roads (Burns Road, German Cross Road, and Banks Road) associated with this trail segment. • Examination of potential trailhead improvement options along th is trail segment. • Examination of the approximately eight (8) culverted stream crossings on this trail segment, providing preliminary recommendations for any replacements or modifications . • Identification of potential drainage or stormwater management improvements associated with this trail segment. • Preliminary recommendations for design and landscaping improvements (plantings, fencing, signage, berms, etc.) on or around the trail to help foster privacy for adjacent landowners while also allowing for safe travel for trail users. • Preparation of preliminary opinions of costs for materials and construction for this trail segment. • Identification of potential permitting requirements / approvals associated with above elements (road crossings, stream culverts, stormwater management, etc.) • Preparation for and p articipation in one kick-off meeting with Town staff and two design review meetings with the steering committee . All meetings will be virtual. The Town will be responsible for the preparation and distribution of all meeting minutes. Assumptions: • Utilize publicly available lidar data and other GIS files of existing conditions E. Agree ment The Consultant selected to provide the above-referenced services will be expected to enter into a contract Engineering Services Agreement with the Town of Ithaca (refer to Sample Engineering Services Agreement -Exhibit A) attached hereto. All bidders are subject to the terms and conditions of the Tompkins County Tourism Capital Grant Contract and Amendment (Contract Number 2022-Plan-002765), which can be found in Exhibit D. F. Insurance The Consultant shall maintain minimum insurance coverage in accordance with the Engineering Services Agreement attached hereto -Exhibit A o f this RFP. G. Rejection of Proposals The Town of Ithaca reserves the right to reject any and all of the responses received as a result of this RFP. The Town of Ithaca does not intend to award a contract solely on the basis of responses to this RFP or otherwise pay for the information solicited or obtained in response to this RFP. H. Incurred Co st The Town of Ithaca will not be liable for any cost incurred by the Consultant for any work performed through, and including the execution of, a contract for professional services prior to the execution of a contract. I. Addenda to the RFP In the event that it becomes necessary to revise any part of this RFP, an Addenda will be posted on Bidnet Direct (https://www.bidnetdirect.com/new-york/townofithaca) and The New York State Contract Reporter (https://www.nyscr.ny.gov/). Addenda can be obtained by visiting https://www.bidnetdirect.com/new- york/townofithaca, https://www.nyscr.ny.gov/, or by contacting the Town Clerk. It is the responsibility of the Consultant to check for Addenda. The final date for posting addenda to the Website will be five (5) working days prior to the due date of the Proposal. TOWN OF ITHACA | South Hill Recreation Way Extension Project Burns Road to Banks Road / PAGE 41 SCOPE OF WORK AND STRATEGY Approach and Strategy MJ’s approach combines rigorous analysis, collaborative planning, and creative design to deliver a concept that meets the Town of Ithaca’s goals for connectivity, sustainability, and community well-being. To meet the goals of the project, we propose the following scope of work: Task 01: Project Initiation and Existing Conditions Analysis Upon authorization to proceed, MJ will conduct a comprehensive desktop analysis prior to a project kickoff meeting to establish a strong foundation for design. This effort will include reviewing existing data to understand adjacent landownership, topography, wetlands, watersheds, and potential permitting requirements using publicly available online resources. As part of this process, MJ will prepare a concept base map using GIS datasets, including LiDAR-derived topography, tax parcels, orthoimagery, soils, roads, and waterways. These resources will provide critical insight into site constraints and opportunities, informing both concept development and cost estimating. MJ will facilitate a project kickoff meeting where we will present the desktop analysis findings to Town representatives, confirm the project scope, discuss desired programming, and review the project schedule. Any additional information needs to advance concept design will also be identified. Under this task, MJ will conduct an in-depth on-site evaluation to document existing conditions and identify factors that will influence design and cost. This reconnaissance will include detailed observations supported by field notes, photography, and GPS data collection. Key areas of focus will include trailheads, road crossings, stream crossings, site drainage patterns, and other contextual elements such as vegetation, utilities, and adjacent land uses. The purpose of this task is to verify and supplement desktop analysis findings with real-world conditions, ensuring that design decisions are grounded in accurate, site-specific information. These observations will directly inform concept development, reducing uncertainty and supporting a more resilient and cost-effective design. Deliverables: •Preliminary project schedule •Concept base map Task 02: Concept Design Building on insights from the desktop analysis and site reconnaissance, MJ will develop two (2) colorized 2-dimensional alternative concept designs that address critical elements such as road and stream crossings, drainage solutions, trailheads, and site amenities. While the overall trail alignment will follow the historic railroad bed, each alternative will explore different approaches to organizing crossings, amenities, and access points to optimize safety, functionality, and user experience. These alternatives will be presented to the Town of Ithaca for review and feedback. Based on input from Town representatives, MJ will refine the concepts into one (1) preferred design that reflects project goals, community priorities, and site-specific conditions. We will include graphic visualizations of important locations to help clarify the design intent. MJ will meet with Town representatives to review the preferred concept design. This collaborative process ensures that the final concept is both practical and aspirational, setting the stage for a successful design deliverable. TOWN OF ITHACA | South Hill Recreation Way Extension Project Burns Road to Banks Road / PAGE 42 MJ will prepare a detailed opinion of probable cost estimate for the preferred concept design. The estimate will include all major cost components—labor, materials, equipment, general conditions, overhead and profit, design contingency, and escalation—to provide a realistic and comprehensive financial outlook. MJ will present a draft estimate to the Town for review and feedback, focusing on how the work can be organized and potentially phased to align with budget priorities. A concept phase report will be provided to document findings, concept designs, decisions made, and cost estimates to be used as a clear roadmap for decision-making and implementation. The report will also provide a list of regulatory requirements, permitting, and other jurisdictional or land-rights coordination that may be required for successful project implementation. Deliverables: •Four (4) meetings •Two (2) alternative concept designs •Final preferred concept design + two graphic visualizations •Concept report •Opinion of probable cost The following assumptions were made in the development of this proposal: 1. he work proposed herein will be conducted in 2026. 2. Project background information and desired programming possessed by the Town will be provided after the notice to proceed. 3. MJ will have unfettered access to the project area during normal working hours. 4. All project meetings will be virtual and the Town will be responsible for the preparation and distribution of all meeting summaries. The following efforts are excluded from this scope of services: 1. Verification of existing property rights and easements. 2. Detailed design, and construction documents. 3. Environmental screening or permitting. 4. Compliance with the State Environmental Quality Review Act (SEQRA). 5. Traffic studies. 6. Site planimetric, topographic, or boundary surveys. 7. Archeological screening or compliance. 8. Stormwater Pollution Prevention Plan (SWPPP). 9. Public presentation or presentation slideshow. 10. Public outreach or engagement. MEETING OF THE ITHACA TOWN BOARD January 12, 2026 TB Resolution 2026 – : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Minutes b. Approval of Town of Ithaca Abstract c. Appointment to Conservation Board – Louck d. Approval and authorization for professional services – Use & Occupancy Permits revisions e. Approval of 2026 Rates – Engineering Services Contract Moved: Seconded: Vote: ayes – TB Resolution 2026 - a: Approval of Town Board Minutes Resolved that the Town Board approves the minutes of January 12, 2026, as final with any non- substantive changes made. TB Resolution 2026 - b: Town of Ithaca Abstract No. 2 for FY-2026 Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated: VOUCHER NOS. 2025 1273 - 1291 2026 21 - 62 General Fund Town Wide 105,523.28 General Fund Part-Town 13,817.33 Highway Fund Town Wide DA 1,951.74 Highway Fund Part Town DB 47,565.34 Water Fund 25,612.23 Sewer Fund 10,537.55 Risk Retention Fund 170. Fire Protection Fund 463,290.00 TOTAL 668,467.47 TB Resolution 2026 - c: Appointment of new Conservation Board Member and Recommendation to Tompkins County Legislature for Appointment to the Environmental Management Council Resolved, that the Town Board appoints D. Peter Loucks, 116 Crest Lane, Ithaca, to the Conservation Board to fill a vacant seat, with the term ending December 31, 2027, and be it further Resolved, that the Ithaca Town Board hereby recommends and requests the Tompkins County Legislature appoint D. Peter Loucks to serve as the Town of Ithaca Conservation Board Representative on the Tompkins County Environmental Management Council. TB Resolution 2025 - d: Approval and authorization to sign contract for updating the Town’s Use & Occupancy Fee(s) in ROWs Whereas, the Highway Superintendent and Town attorney require professional services to review, research, and redraft the Town’s right of way permitting and fees, specifically the Use and Occupancy Fee (U & O), and Whereas, Delaney CMS, LLC, 702 Curran Rd, Shortsville, NY, 14585, submitted a proposal on 1/19/26 that outlined the scope of work for updating the U & O Fees which was presented to the Public Works Committee on 1/20/26, and Whereas, the Public Works Committee, the Highway Superintendent and Town Counsel deemed the scope acceptable, complete, and beneficial to the Town and recommended moving forward with the service, now therefore be it Resolved that the Town Board approves and authorizes the Town Supervisor to sign the proposal as submitted, and approve the expenditure not to exceed $7,560. TB Resolution 2026 - e: Approval of 2026 Engineering Services Rates Whereas the Town entered into an agreement with Barton & Loguidice on September 29, 2025, for engineering consultant services which included a provision for the submission and approval of 2026 Rates, and Whereas the Town Engineer has reviewed the proposed 2026 Rate Schedule and recommends approval by the Town Board, now, therefore be it Resolved that the Town Board approves the 2026 Rate Schedule for Engineering Consultant Services as submitted.