HomeMy WebLinkAboutTB Packet 2026-09-14 MEETING OF THE ITHACA TOWN BOARD
Town Hall, 215 N. Tioga St.
September 14, 2026 @ 5:30 p.m.
AGENDA
1. Call to order and Pledge of Allegiance
2. Persons to be Heard and Board Comments
3. TCAT Annual Report and Funding Request
4. Update—654 Elmira Rd—Tompkins County
5. Consider acceptance from NYS DOT of surplus real property adjacent to 855 Five Mile Dr
6. Discuss and consider approval of:
a. Platinum Plan Health Insurance Incentive for 2027
b. Revised Personnel Policy—Retiree's Benefit Plan
c. Revised Human Resources Manager job description
7. Consider Consent Agenda Items
a) Approval of Town Board Minutes
b) Approval of Town of Ithaca Abstract
c) Approval of Bolton Point Abstract
d) Approval of Affidavits of Publication, Posting and Neighbor Notifications Policy
e) Approval of revised Fee Schedule
f) Approval of agreement with Joe Delany for consultant services—ROW Permits
g) Approval of contract amendment— Sanitary Sewer Joint Interceptor Study Phase 2
h) Set a public hearing regarding 2027 Elected Officials' Salaries and other budget
related actions
i) Approval of contract for services—Forest Home Bridge Pedestrian Walkway
8. Reports of Town Officials and Committees
10. Review of Correspondence
Meeting materials are available here or via https://townithacM.gov/meeting-calendar-a_eg ndas/.
The videoconferencing platform ZOOM will also be used for this meeting, and Board Member(s) may
attend remotely when authorized by Town policy. The public has the right to attend in person or via
videoconferencing and can access ZOOM by the links provided or by going to
https:Hzoom.us/j/98910958241 or calling (929)436-2866 and entering the Meeting ID# 9891 095 8241.
Public comments where applicable can be made in person at the meeting,by USPS to the address above,
via the videoconferencing platform ZOOM, or via email to Clerks(c-r�,townithacany.gov until 3pm the day
of the meeting. The email above is also the point of contact for people needing assistance to attend or
access the meeting. All comments become a public record and are distributed to Board Members and the
Applicant(s)prior to the meeting.
The meeting is also broadcast and saved as a courtesy on Youtube.com/Catownofithacavideo
Item 5
MEETING OF THE ITHACA TOWN BOARD
September 14, 2026
TB Resolution 2026-xxx: Accepting the conveyance of property located adjacent to 855 Five
Mile Drive from New York State DOT and designation of the Town Supervisor as Authorized
Representative to execute
Whereas, the Town Engineer submitted a surplus request to the New York State Department of
Transportation("NYSDOT") in July of 2025 for certain real property located adjacent to 855 Five
Mile Drive, where there is an existing pump station, and
Whereas, the request was presented to the Public Works Committee on September 16, 2025, for
consideration, and the Public Works Committee saw no issues in pursuing the surplus with
exception of limiting fees wherever possible, and
Whereas, in response to the surplus request, NYSDOT offered to convey certain real property
located adjacent to 855 Five Mile Drive within the Town of Ithaca("Town") to the Town; and
Whereas, the property to be conveyed consists of the following parcels or portions thereof:
• Portion of PSC 5356 Map 5 Parcel 6
• Portion of PSC 5356 Map 11 Parcel 15
Whereas, the Town Board has determined that acceptance of the conveyance is in the best interest
of the Town; and
Whereas, the NYSDOT requires authorization from the Town Board of Trustees ("Town Board")
designating an individual to accept the conveyance on behalf of the Town and to execute all
agreements, closing documents,and other instruments necessary to complete the conveyance; now
therefore be it
Resolved that, the Town Board hereby accepts the conveyance of the above-described real
property from NYSDOT, subject to NYSDOT approval and such terms and conditions as approved
by the Attorney for the Town; and be it further
Resolved,that the Town Supervisor is designated as the authorized representative of the Town and
is authorized to execute any and all deeds, agreements applications, closing documents, and other
instruments as necessary or appropriate to effectuate the conveyance and acceptance of the
property on behalf of the Town.
Moved: Seconded:
Vote:
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Item 6a
MEETING OF THE ITHACA TOWN BOARD
September 14, 2026
TB Resolution 2026 - : Approval of Offering Platinum Plan Health Insurance Incentive for 2027
Whereas, the Personnel& Organization (P&O) Committee has been reviewing the costs and enrollment
in the legacy PPO health insurance plan, which was available to employees hired prior to 2016, with all
new hires and new enrollments since that date only having the option to enroll in the Platinum Plan; and
Whereas, the P& O Committee discussed ways to encourage the remaining enrollees to change to the
Platinum Plan voluntarily, such as the incentive of a one-time offer of a Health Reimbursement Account
debit card for staff that changes plan effective January 1, 2027; and
Whereas, the Personnel & Organization Committee has reviewed the outline for the Platinum Plan
Health Insurance Incentive for 2027, and recommend approval by the Town Board; now therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby approve of offering the Platinum Plan
Health Insurance Incentive for 2027 as outlined, including providing the incentive to any Town
employee that voluntarily changed plans effective January 1, 2026.
Moved: Seconded:
Vote:
Item 6a
Platinum Plan Health Insurance Incentive -2027
Any employee during the open enrollment period in 2026 that voluntarily changes their health insurance
coverage from the PPO Plan to the Platinum Plan, effective 1/l/27, will receive an incentive to be used
in 2027 only. The incentive is being provided to bridge the gap between the co-pays, deductibles and
out-of-pocket expense differences between the two plans for the initial enrollment year. This is a one-
time offer and will not be offered in future open enrollments, unless specifically authorized by the
employer.
Incentive Outline:
• Health Reimbursement Account (HRA) card in the value of$1,000 if enrolled with individual
coverage or $2,000 if enrolled with family coverage.
• HRA will act like a Flexible Spending Account(FSA) except that the HRA is fully funded by the
employer, instead of being funded by the employee.
• Any fund balance left on the HRA on 12/31/2027 will remain with the employer.
• HRA will only be eligible for health insurance claims(copays, deductible, co-insurance)covered
by the Platinum Plan.
• Claims including dental, vision (beyond the co-pay level), and other claims that would not
otherwise be covered by health insurance (ex: over the counter items), will not be eligible under
the HRA. They would be eligible for coverage under an individual FSA.
• Participants will receive a debit card to pay for eligible expenses at the date of service, or they
can submit the claim through the electronic submission website.
• The provider for the HRA will be the same as the current provider for the FSA, therefore, any
employee that participates in the FSA program will be able to utilize the same card for the HRA
and FSA. Behind the scenes charges will go to the correct program.
• The HRA incentive be provided to employees that voluntarily changed health insurance coverage
from the PPO Plan to the Platinum effective l/l/2026. This incentive would only be eligible for
1/l/2027.
• Re-enrollment in the PPO plan would not be permitted under any circumstances.
Item 6b
MEETING OF THE ITHACA TOWN BOARD
September 14, 2026
TB Resolution 2026 - : Authorization to Offer Additional Health Insurance Plans
Through SPANY and Approves the Revised Retiree's Benefit Plan
Whereas, the Town provides a health insurance plan for Medicare eligible Retiree through the
Greater Tompkins County Health Insurance Consortium(HC),titled Medicare Supplemental(MS)
plan and requires all retirees enrolled in Town insurance to change plans to the MS plan when they
become Medicare eligible; and
Whereas, the HC does not offer a Medicare Advantage plan and discourages but allows member
municipalities to consider other options to their Medicare eligible retirees; and
Whereas, the Personnel & Organization Committee has reviewed the opportunity to provide
additional Medicare Advantage health insurance options through the Statewide Purchasing
Alliance of NY (SPANY) for Medicare eligible Retiree's that does not require a minimum
participation and would allow the Retirees to voluntarily decide which health insurance plan is
best for them; however, any Retiree that chooses to change plans to the SPANY plan would not
be able to re-enroll in the MS plan through the HC in the future; and
Whereas,the Personnel&Organization committee discussed that cost savings to the employer and
retiree if a retiree chooses to enroll in a SPANY plan is sufficient to allow any retiree that has left
coverage under the Town since January 1, 2025, to have a one-time option to re-enroll with Town
provided health insurance, with the previous sick-time and cost-share arrangements restored; and
Whereas, the Personnel & Organization committee reviewed plans available through SPANY and
are recommending offering Medicare Advantage PPO plans labeled Plan 1 and Plan 3; now,
therefore be it
Resolved, that the Town Board of the Town of Ithaca does hereby authorize offering to all
Medicare eligible retirees, on a voluntarily basis, the SPANY Medicare Advantage PPO plans
labeled Plan I and Plan 3 effective January 1, 2027, as an addition option to the current HC
Medicare Supplemental plan, with the current sick-time and cost-share arrangements; and be it
further
Resolved,that the Town authorizes any retiree that has terminated coverage under the Town since
January 1, 2025, will be provided a one-time option to re-enroll with Town provided health
insurance for January 1, 2027, but with a SPANY Medicare Advantage PPO plan only, with the
previous sick-time and cost-share arrangements restored; and be it further
Resolved, the Town Board approves effective immediately the revised Retiree's Benefit Plan
personnel policy to replace the current policies in the Personnel Manual.
Moved: Seconded:
Vote:
19.RETIREE'S BENEFIT PLAN DRAFT REVISED 8.2026
A. HEALTH
1). Eligibility
To be eligible for health insurance with a cost share for premiums, the retiree must have
been eligible for health insurance as an active employee, retired from the
Town/Commission/Consortium-employer with a minimum of 10 years of service with the
employer and be receiving retirement benefits from the NYS& Local Retirement System.
If the retiree does not fulfill the previous qualifications, but wishes health insurance
coverage through the employer, they may do so by paying 100% of the premium. If a
retiring employee or retiree chooses not to maintain the employer's group health
insurance, they will not be eligible to re-enroll later and must sign a waiver of coverage
form.
Medicare Eligible Retirees:
• Medicare Enrollment is required. Retirees and/or dependents who become Medicare
eligible must enroll in Medicare Parts A & B. The retiree is responsible for those
Medicare premiums.
• Current rule: Since January 1,2016 all Medicare-eligible Retirees and dependents
must move to the Town's Medicare Supplement plan the month they become
Medicare eligible. .
• New option beginning January 1, 2027: Retirees already enrolled in the Town's
Medicare Supplemental plan can voluntarily switch to a Medicare Advantage plan
offered by the Town, through Statewide Purchasing Alliance of NY (SPANY). If a
Retiree chooses to switch to a SPANY plan they cannot switch back to the Medicare
Supplemental plan in the future.
• Sick time and cost sharing do not change: The way sick time is applied, and the
retiree's existing cost-share percentage remains the same.
• Special one-time re-enrollment opportunity: For January 1,2027 enrollment only, any
retiree who terminated Town insurance since January 01, 2025, can re-enroll with the
Town, but only in the SPANY Medicare Advantage option. Their previous sick-time
and cost-share arrangements will be restored.
• Family-plan conversions: If a retiree on a family plan become Medicare-eligible, the
family coverage converts to two individual plans The two individual premiums are
added together, and that total is multiplied by the cost-share percentage that would
have applied to the family plan.
2). Use of Sick Time
If a retiree has accrued sick time and wishes to continue health insurance coverage, they
may do so utilizing their sick time. At the time of retirement, the maximum of 250 workdays
(2000 hours base on an 8-hour workday) can be used to purchase retiree health insurance.
The accrued sick time will be exchanged for months of continued retiree health insurance
coverage (individual or family coverage) until the sick time is depleted. For each month of
provided retiree health coverage the sick time will be reduced by an established number of
days (hours) until the sick time is depleted. This benefit of spending down sick time for
retiree health insurance is available to those retirees that do not meet the minimum years of
service eligibility described above.
Established Days (Hours):
Equivalency of 2 workdays (16 hours per month for an 8-hour employee) -when
Retiree and /or Dependents are enrolled in a Non-Medicare Supplement plan for
family or individual coverage.
Equivalency of 1 workday (8 hours per month for an 8-hour employee)—when
Retiree and dependents (if applicable) are enrolled in a Medicare Supplement
plan(s) for family or individual coverage.
When the sick time balance is depleted, the retiree can continue with the retiree health
coverage by submitting payment to the Town for their applicable share of the premiums. At
no time would any unused sick time be paid out.
1). Death of Retiree:
Upon the death of a retiree with a sick time balance, a dependent may deplete this balance
by utilizing it to pay 100% of the premium for continued coverage. Upon depletion of the
sick time balance, the dependent may continue coverage by paying 100% of the monthly
premium to the Town. If they opt out of the health insurance coverage, there will not be a
payment for the remaining sick time balance.
2). Payment of Premiums:
Payment of the retiree's share of the premium must be made to the Town by the 20th of the
month preceding the coverage month. (Example: April 20th for May 1st coverage.)
The Employer reserves the right to cancel any retiree's insurance coverage for
accounts 60 days or more past due.
B. DENTAL
Retirees may wish to have dental coverage upon retirement from the
Town/Commission/Consortium. However, the premium will be paid 100% by the retiree.
This premium shall not be paid with any unused "sick time" balance. If the retiree wishes
dental coverage (individual or family), they shall pay the appropriate premium to the Town
by the 20th of the month preceding the coverage month, i.e. April 20th for May 1st coverage.
Retiree may also have the option to move to a direct pay option with the dental carrier.
C. RETIREE'S INSURANCE PERCENTAGES
1). FOR TOWN EMPLOYEES: (hired prior to 1/1/2010)
YEARS OF SERVICE RETIREE'S PORTION EMPLOYER'S PORTION
AT RETIREMENT OF PREMIUMS OF PREMIUMS
30 AND OVER 25% 75%
25 —29 50% 50%
15-24 65% 35%
5-14 80% 20%
LESS THAN 5 100% 0%
For Town employees hired on or after January 1, 2010 will be eligible for retiree health
insurance at a prorated amount based on years of service with the Town once they have
at least 10 years of service. Policy for all non-unionized Town employees is to match the
Teamsters union contracts in the future.
YEARS OF SERVICE RETIREE'S PORTION TOWN 'S PORTION
AT RETIREMENT OF PREMIUMS OF PREMIUMS
25 AND OVER 50% 50%
10-24 65% 35%
All Commission employees effective January 1, 2021: Once the sick time is depleted the
retiree may continue coverage under the applicable Premium Percentage.
YEARS OF SERVICE RETIREE'S PORTION SCLIWC'S PORTION
AT RETIREMENT OF PREMIUMS OF PREMIUMS
25 AND OVER 50% 50%
10-24 65% 35%
All Consortium employees effective January 1, 2021: Once the sick time is depleted the
retiree may continue coverage under the applicable Premium Percentage.
YEARS OF SERVICE RETIREE'S PORTION GTCMHIC'S PORTION
AT RETIREMENT OF PREMIUMS OF PREMIUMS
25 AND OVER 50% 50%
10-24 65% 35%
2). FOR ELECTED OFFICIALS:
Effective 1/1115 — newly elected officials will not be eligible for retiree health
insurance. Refer to the Elected /Appointed Manual for more information.
Item 6c
MEETING OF THE ITHACA TOWN BOARD
September 14, 2026
TB Resolution 2026 - : Approval of Revised Human Resources Manager Job Description
Whereas, there will be a vacancy in the Human Resources Manager position due to a planned
retirement in January 2027; and
Whereas, the Personnel and Organization Committee reviewed the revisions made to the Human
Resources Manager job description and recommended approving the revised job description;now,
therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby approve the revised job description
for the Human Resources Manager position.
Moved: Seconded:
Vote:
HUMAN RESOURCES MANAGER
Tompkins County
DEPARTMENT TOWN OF ITHACA
CLASSIFICATION COMPETITIVE
LABOR GRADE H
APPROVED 5/2001
REVISED _8/2026
BY HB,Deputy Commissioner of Human Resources
MINIMUM QUALIFICATIONS:EITHER:
(a) Graduation from a regionally accredited or New York State registered college or university with a master's
degree in human resources,industrial and labor relations,public or business administration or a closely related
field AND two years of professional human resources experience,with two years of supervisory experience;
OR
(b) Graduation from a regionally accredited or New York State registered college or university with a bachelor's
degree in Human Resources,industrial and labor relations,public or business administration or a closely related
field AND four years of professional human resources experience,with two years of supervisory experience;
OR
(c) Graduation from a regionally accredited or New York State registered college or university with an associate's
degree in human resources,industrial and labor relations, public or business administration or a closely related
field AND six years of professional human resources experience,with two years of supervisory experience;OR
(d) Any equivalent combination of experience and training as outlined in(a),(b)and(c)above.
Special Requirements:
Notary Public License is required within 12 months of appointment.
Certification by Human Resources Certification Institute or Society For Human Resources Management
(PHR/SPHR or SHRM-CP)is desirable within 24 months of appointment.
Tompkins County is Committed to Equity and Inclusion.We encourage those with similar values to apply.
DISTINGUISHING FEATURES OF THE CLASS:
This is a confidential managerial position responsible for developing, implementing, managing and objectively
administering the human resources,labor relations,commercial liability insurance and related activities for the Town
of Ithaca. The incumbent administers human resources policies, employee benefit programs, recruitment and
orientation activities, labor and employee relations, maintains and prepares a variety of records and reports and
administers the Town's commercial insurance and risk management program.As the Town of Ithaca is the Employer
of Record for the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) and the Greater Tompkins
County Municipal Health Insurance Consortium(HQ,the incumbent is the liaison to both and coordinates all human
resources activities. The work is performed under the administrative direction of the Town Supervisor with
considerable leeway allowed for the exercise of independent judgment in carrying out details of the work.Supervision
is exercised over payroll/human resources support staff. Attendance at Town Board and other meetings is required.
The incumbent will perform all related duties as required.
TYPICAL WORK ACTIVITIES: (for example,but not limited to)
• Plans, develops and recommends progressive and innovative human resources and employee relations policies
and practices to improve and enhance operations and organizational efficiency and processes;
• Acts as the Employer of Record liaison to SCLIWC and HC,carrying out responsibilities outlined below and/or
included in the Memorandum of Understanding per location,and coordinates Human Resources matters with the
SCLIWC General Manager and HC Executive Director;
• Supervises and assists with the preparation of payroll to ensure timely and accurate processing;
• Oversees the Human Resources Information Systems (HRIS) and all electronic and physical recordkeeping;
ensures data integrity,accuracy,confidentiality,and compliance with applicable laws and policies;
• Administers employee benefit programs including but not limited to health insurance, workers' compensation,
NYS retirement, disability insurance, deferred compensation, life insurance, the Employee Assistance Program
(EAP)and other voluntary benefit programs;
• Coordinates civil service activities,acting as liaison with Tompkins County Human Resources Department;
• Assists in the formulation and implementation of human resources policies and procedures and maintains the
Personnel Manual and related handbooks;
• Coordinates and assists in the recruitment, interviewing, and selection of employees across all departments and
appointed board members;
• Establishes and administers comprehensive classification and compensation plans;
• Serves on negotiations teams;administers,interprets and assures compliance with labor contracts;
• Acts as a consultant to management on a wide variety of employee relations issues and activities;
• Provides support and information to employees to ensure positive employee engagement;
• Meets with union representatives to discuss and resolve labor issues,concerns,and grievances;
• Acts as the point of contact for resolving complex operational and procedural issues or inquiries from employees
and management;
• Reviews and updates employees' duties statements to align with organizational needs and recommends
appropriate job classification and corresponding salary grades to management,committees and boards;
• Develops and conducts employee orientation programs, background screening, employment physicals and exit
interviews;
• Coordinates professional development and safety training programs for employees in conjunction with
department heads;
• Develops and oversees the implementation of the employee performance and evaluation program;
• Prepares budget figures for Human Resources Office,payroll and benefits programs and insurance;
• Researches various issues, and participates in the collection,tabulation and maintenance of statistical data, and
prepare a variety of reports and recommendations;
• Enhances safety and security via managing keyless entry, parking lot access controls, and panic alarms
functionality;
• Administers the town's Drug and Alcohol testing program and maintains confidential testing files;
• Administers the town's commercial liability insurance coverage and acts as Risk Manager;
• Coordinates safety program for Town Hall with the Town's Safety Officer and assists with safety programs for
SCLIWC and HC and acts as Co-chair of the Safety Committee with the Town's Safety Officer;
• Provides direct support to the Town's Employee Relations Committee, Town's and SCLIWC's Personnel &
Organization Committees and the HC Operations Committee(if requested);
• Supervise the reconciliation of the Trust and Agency checking accounts;
• Performs related administrative and supervisory duties as required.
FULL PERFORMANCE KNOWLEDGE,SKILLS,ABILITIES AND PERSONAL CHARACTERISTICS:
• Thorough knowledge of the principles and practices of modern public human resources administration including
retirement,classification,compensation,employee relations,and benefits management;
• Good knowledge of civil service law,practice and procedures;
• Good knowledge of the overall organization of town government;
• Good knowledge of modern office practices,procedures and equipment including HRIS applications;
• Good knowledge of payroll procedures and the interrelationship between human resources and payroll functions;
• Ability to read, analyze, interpret and apply complex regulations including those dealing with public labor
agreements, civil service, unemployment insurance, retirement system, health insurance and commercial
insurance;
• Ability to communicate effectively,both orally and in writing;
• Ability to prepare clear,concise reports,correspondence,and statistical analyses;
• Ability to prepare and manage budget figures,reconcile financial accounts and manage employee contributions;
• Ability to deal courteously and effectively with the public,employees,boards and committees,and counterparts
in other municipalities;
• Ability to effectively plan,assign,supervise and evaluate the work of others;
• Physical condition commensurate with the demands of the position.
H13.doc
MEETING OF THE ITHACA TOWN BOARD
September 14, 2026
TB Resolution 2026 - : Consent Agenda
Resolved that the Town Board adopts the following Consent Agenda items:
a) Approval of Town Board Minutes
b) Approval of Town of Ithaca Abstract
c) Approval of Bolton Point Abstract
d) Approval of Affidavits of Publication, Posting and Neighbor Notifications Policy
e) Approval of revised Fee Schedule
f) Approval of agreement with Joe Delany for consultant services—ROW Permits
g) Approval of contract amendment—Sanitary Sewer Joint Interceptor Study Phase 2
h) Set a public hearing regarding 2027 Elected Officials' Salaries and other budget related
actions
i) Approval of agreement for services—Town& County Bridge and Rail—Forest Home
Bridge Pedestrian Walkway
Moved: Seconded:
Vote: ayes—
TB Resolution 2026 - a:Approval of Town Board Minutes
Resolved that the Town Board approves the draft minutes of August 24, 2026, as final with any
non-substantive changes made.
TB Resolution 2026—b:Approval of Town of Ithaca Abstract 15 for FY 2026
Resolved that the Town Board approves payment of the following audited vouchers for the
amounts listed:
VOUCHER NOS. 2026 856—930
General Fund Town Wide 99,396.37
General Fund Part-Town 41620.22
Highway Fund Town Wide DA 11,796.14
Highway Fund Part Town DB 61,588.26
Water Fund 10,373.91
Sewer Fund 117,722.80
Capital Projects 724.93
Fire Protection Fund 553.50
TOTAL 343,776.13
1
TB Resolution 2026 - c:Approval of Bolton Point Abstract
Resolved that the Governing Town Board approves payment of the following audited vouchers
for the amounts listed:
Voucher Numbers: 340-388
Check Numbers: 22028-22076
Capital Impr/Repl Project $ 111,320.95
Operating Fund $ 31,326.50
TOTAL $ 142,647.45
TB Resolution 2026—d:Approval of Affidavits of Publication, Posting and Neighbor
Notifications Policy
Whereas a policy regarding the process, procedures and documentation of legal ads and/or
neighbor notifications associated with public hearings held by certain boards and committees
was requested by Department Heads, and
Whereas the Personnel and Organization Committee reviewed the draft Affidavits of Publication,
Posting and Notifications Policy and recommended its consideration by the Town Board, now,
therefore be it
Resolved that the Town Board approves and adopts the Affidavits of Publication, Posting and
Notifications Policy as submitted, effective immediately.
TB Resolution 2026 - e:Approval of revised Fee Schedule—Batching of Certain Personal
Wireless Service Facility permits
Resolved that the Town Board adopts the revised Fee Schedule, effective immediately, adding a
fee option for batched applications:
Personal Wireless Service Facility permit applications - $775
Batched Applications - $775 first application plus $225 for each additional application eve or
more substantially similar PWSF's applied for simultaneously)
TB Resolution 2026 - f: Approval of revised agreement with Joe Delany for consultant
services—ROW/Use Permits
Resolved that the Town Board approves the extension of the contract with Delaney CMS, LLC.,
for additional consultation services associated with the development of ROW/Use Permits at a
rate of$90.00 per hour on an as needed basis, through December 31, 2027.
TB Resolution 2026—g:Approval and Authorization for a Contract Amendment with
Larson Design Group - Sanitary Sewer Joint Interceptors Study Phase 2
2
Whereas, on June 20, 2025, the Director of Engineering(Director) received requests for
qualifications for the Sanitary Sewer Joint Interceptor Study(Project), and
Whereas,the Town Board authorized Phase 1 of the contract of the Project to Larson Design Group
(Larson), for a fixed fee of$68,400 by TB Resolution 2025-115, and
Whereas, Larson has completed Phase 1 of the project and has provided a fixed fee proposal of
One Hundred Fifty-Three Thousand Seven Hundred Dollars and Zero Cents($153,700.00)for
expanded assessment and capacity investigation(Phase 2), and
Whereas, the Director has reviewed the proposal and recommends the contract amendment, now
therefore be it
Resolved,that the Town Board approves and authorizes the Town Supervisor to execute a contract
amend with LDG Engineers and Architects, P.C. dba Larson Design Group, with an office at 1
West Market Street, Corning, NY 14830, for Phase 2 for an additional fixed fee of$153,700.00
subject to review by the Attorney for the Town.
TB Resolution 2026— h: Set Public Hearings—Proposed 2027 Elected Officials Salaries
and other Budget related actions
Resolved that the Town Board will hold public hearings at its meeting on October 5, 2026, which
begins at 5:30 p.m. at Town Hall, 215 N. Tioga St., and via the ZOOM video conference program
for the publics'convenience, at which time anyone wishing to comment on the following budget
related actions shall be heard:
1. Proposed Elected Officials' Salaries for 2027
2. Proposed increase to the Town of Ithaca Water Rates
3. Proposed increase to the Town of Ithaca Sewer Rents
4. The 2027 Assessment Rolls for the Special Benefit Districts and Special Benefit Areas
TB Resolution 2026 - is Approval of agreement for services—Town & County Bridge and
Rail—Forest Home Bridge Pedestrian Walkway
Resolved that the Town Board approves and authorizes the Supervisor to execute an agreement
with Town& County Bridge and Rail, PO Box 16395,Albany,NY, 12213, for repair services to
the pedestrian walkway on the Forest Home Brings, not to exceed $25,000.00, which includes a
contingency amount of approximately 15%, subject to review by the Attorney for the Town.
3
MEMO
Topic- Neighbor Notification of Public Hearing Notices and Associated Affidavits
Issues this policy addresses:
• There is no local law or town policy to reference when the public asks about our
process of neighbor notifications sent out regarding PB and ZBA public hearings.
• We have historically done our own affidavits; counsel has recommended we get the
"publisher's affidavit"which is required in a few NYS laws and it is better to be
consistent through all.
1. Is neighbor notification required? No, this is a courtesy historically done by the Town for
Zoning and Planning Board actions with a public hearing.
a. Notice of PH is sent to the owner of record, not the occupant of a home or
business, that is the subject of the action. (PB-within 500'feet of the parcel's
boundary ZBA-adjacent to the parcel boundary)
2. Is a publisher's affidavit of publication required? Normally there is no legal
requirement, but the term "publisher's affidavit" is stated in a few State processes, and it
is useful in the event of litigation.
Policy and Procedures
This will standardize out P&P across all meetings and when affidavits are required, stating our
guidelines for notifications and detailing the process for verifying the steps were taken
properly.
Public outreach via our newsletter on the Policy and Procedure and where residents can
access meeting information. Reminders that the orange signs are an alert that something is
going on that they may be interested in and to reach out or go on the web for materials.
TOWN OF ITHACA
Policy and Procedure
Affidavits of Publication,Posting and Neighbor Notifications
Overview:
Various NYS laws require that a notice of Public Hearing containing the public hearing's date,
time, location, and a summary of the action under consideration be posted on the Town's bulletin
board and website, and be published in the Town's Official Newspaper, along with a publisher's
affidavit swearing that the notice was published.
The Town also sends a courtesy copy of the public hearing notice to certain property owners.
Goal:
Standardize and set forth guidelines and procedures for the administrative tasks associated with
Public Hearing Notices and Courtesy Neighbor Notifications.
POLICY:
It is the policy of the Town of Ithaca to publish legal ads according to the various requirements in
New York State Law and to send courtesy notifications to:
• Planning Board Public Hearings—owners of properties within 500'feet of the
parcel boundary of the property upon which the action is being considered.
• Zoning Board of Appeals Public Hearings—owners of properties adjacent to the
parcel boundary upon which the action is being considered.
PROCEDURES:
Posting
1. The Administrative Assistant shall post the legal advertisement on the Town Clerk's
Bulletin Board in the lobby of Town Hall, and the Town's Website under Public Hearings
and Notices.
Courtesy Neighbor Notification (Notice)
1. Notice is required for all Planning Board or the Zoning Board of Appeals public hearings
as stated in the parameters in the Policy above.
2. The Administrative Assistant shall generate a mailing list of the owners of those
properties within the Town of Ithaca(including the Village of Cayuga Heights)using the
Draft 2026-07-18 Revised 8/19
parameters stated above from the information held by the Tompkins County Assessment
Department.
3. Notices shall be sent via USPS no later than 5 days prior to the meeting at which the
public hearing is scheduled.
*The Town is not responsible for the contents of the County Assessment's owner database or the
efficiency of delivery by the USPS carriers.
Legal Notice Advertisement
1. The Administrative Assistant shall send the legal notice and request for a publisher's
affidavit to the Official Newspaper of the Town of Ithaca, in accordance with said
newspaper's publication deadlines, to ensure publication according to the timeframes
identified in NYS law, and
2. Complete the Affidavit of Posting, Publication, and Neighbor Notification Form with
publisher's affidavit and mailing list(s) and submit it to the Town Clerk's Office prior to
the meeting. (Affidavit Form-Attachment 1)
a. The Clerk shall present the Affidavit Form to the Chair of the Board and state for
the record that proof of proper posting,publication and courtesy notifications
have occurred and file the Affidavit Form according to the Town's Records
Management Policy and LGS 1.
Draft 2026-07-18 Revised 8/19
Attachment 1
TOWN OF ITHACA
AFFIDAVIT OF POSTING, PUBLICATION & MAILING
(Affidavit Form)
I, (Name), being duly sworn, say that I am the (Position) of the Town of Ithaca, Tompkins
County, New York; that the following notice has been duly posted on the bulletin board of the
Town Clerk of the Town of Ithaca; notice has been duly published in the Town's official
newspaper(publishers affidavit attached); and a Courtesy Owner Notification when applicable,
mailed via USPS to the attached list of town of Ithaca property owners as required:
❑ ADVERTISEMENT/NOTICE
❑ NOTICE OF PUBLIC HEARING
❑ NOTICE OF ADOPTION
❑ NEIGHBOR NOTIFICATION
❑ NOTICE OF ESTOPPEL
❑ NOTICE OF ADOPTION
(Date and Name of Board Meeting)
Location of Town Clerk's Bulletin Board used for Posting:
Town Hall Lobby
215 North Tioga Street
Ithaca,NY 14850
Town website at www.townithacM.Rov
Date of Posting:
Date of Publication:
Date of Mailing:
(Name) (Title)
Draft 2026-07-18 Revised 8/19
For Internal Reference Only
CHEAT SHEET
Publication of Legal Ads
Neighbor Notifications and Delivery of Local Law(s) to Board Members
Legal Advertising of Public Hearing Notices
Min 3 full days (noon deadline)for submission to Ithaca Journal (more if near a holiday)
Count Sundays and the day of the publication, not the day of the meeting.
Example (5day)—Published on Thursday—Earliest Meeting can be Tuesday
T F SMTWTF
Zoning and Comp Plan No less than 10 - no upper limit(Anything in Chapters 270 & 271)
Not Zoning—No less than 5 -no upper limit
Article 12C Improvements—No less than 10, no more than 20
Delivery of Final Draft in Local Law Format
Board Members must have the final draft of a proposed local law following the timetable below:
Count the day of delivery, don't count Sundays or the day of the meeting
In person, on"desks" such as at a meeting—7 days prior to the meeting
By Email or USPS— 10 days prior to the meeting
Example—TB on Monday, July 13th—Emailed by Wednesday, July I"
W T F S S M T W T F S S-M
Mailing of Neighbor Notifications
5 days prior to Meeting - Count Sundays and the day of the mailing, not the day of the meeting.
Example—Mailed on Thursday—Earliest Meeting can be Tuesday
T F S S N4TWTF
Draft 2026-07-18 Revised 8/19
AMENDMENT OF
TOWN OF ITHACA AND LARSON DESIGN GROUP SERVICES AGREEMENT
THIS AMENDMENT OF THE TOWN OF ITHACA AND LARSON DESIGN GROUP
SERVICES AGREEMENT, effective as of the day of September, 2026, is made by and
between the TOWN OF ITHACA,with offices at 215 N.Tioga St.,Ithaca,NY 14850(hereinafter
referred to as the "Town"), and LDG ENGINEERS AND ARCHITECTS, P.0 (dba LARSON
DESIGN GROUP),with an office at 1 West Market Street, Suite 301, Corning,New York 14830
(hereinafter referred to as the "Engineer.)"
WHEREAS, the Town and Engineer entered into the above-referenced contract dated
November 5, 2025 (the"Contract"),with a fixed fee amount of Sixty-Eight Thousand Four Hundred
Dollars and Zero Cents ($68,400.00) (the "Contract Amount"), to perform all of the "Phase 1 —
Preliminary Investigation" services for the Town as set forth in the Engineer's Scope and Fee
Proposal, dated September 29, 2025 (the "Proposal") submitted in response to the Town's Request
for Qualifications dated June 05,2025, and
WHEREAS,the Contract's term was November 5t',2025,to May 5t',2026(the"Term"),and
WHEREAS, Engineer has completed the Phase 1 work, and the Town has reviewed the
findings of the Phase 1 analysis and wishes to proceed with "Phase 2 —Expanded Assessment and
Capacity Investigation", and
WHEREAS,the Engineer has refined the approach and associate scope and fee schedule for
"Phase 2—Expanded Assessment and Capacity Investigation",in the Proposal dated August 31,2026,
and
WHEREAS, at the Town's discretion, it may consider a contract amendment for a"Phase 3"
once the scope and fee schedule is defined by the Engineer as indicated in the Proposal dated August
31,2026, and
NOW,THEREFORE,in consideration of the agreements contained herein,the Town and the
Engineer agree as follows:
1. Engineer's scope of work under this Contract is amended to include the scope of work as
shown in attached Exhibit B. Engineer shall perform the services pursuant to the tasks
schedule in attached Exhibit B.
2. The fixed fee amount described in Contract Section 2 is revised to include the following
amount(in addition to the Phase 1 fixed fee amount):
• Fixed Fee for Phase 2 services: One Hundred Fifty-Three Thousand
Seven Hundred Dollars and Zero Cents($153,700.00).
3. The Term is revised to:November 5, 2025,to March 15, 2027.
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4. All other provisions of the Contract remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment of the Town
of Ithaca and Larson Design Group Services Agreement on the date(s) specified below.
TOWN OF ITHACA LDG ENGINEERS AND
ARCHITECTS, P.C.
By: By:
Rod Howe Matthew J. Schooley, P.E.
Town Supervisor Principal
Date: Date:
2
Town of Ithaca and Delaney CMS, LLC
Services Agreement
THIS AGREEMENT is made this 14t" day of September,2026 between the TOWN
OF ITHACA, with offices at 215 N. Tioga St., Ithaca, NY 14850 (hereinafter referred to as
the "Town"), and DELANEY CMS, LLC, with an office at 702 Curran Rd., Shortsville, NY
14585, hereinafter referred to as the "Engineer" or the"Contactor").
The Town and Engineer agree as follows:
1. Services to be Performed.
Engineer agrees to perform engineering services for the Town as set forth in the
proposal dated April 15t", 2026 for services related to performing ongoing
consulting and permit development services for the Town of Ithaca Department of
Public Works.
2. Fees.
The Engineer shall be paid as an hourly rate of Ninety Dollars per Hour ($90 /
hour) for services provided, including all travel, time and expenses associated
with performing the services for the Town. All tasks given to Delaney CMS, LLC
shall have an estimated amount of time provided, and approved, by the Town
of Ithaca's Director of Public Works prior to work commencement. Payments
will be made in accordance with the procedures in Section 5 below.
3. Term of Agreement.
The term of this Agreement shall be from September 14, 2026, until
December 31 st, 2027, 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.
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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 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 with a list of the tasks,
activities or products, 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. Payments will be made on a monthly basis, based on
a schedule set by the Public Works Director and Town. All requests for
payment will be submitted 5 days prior to the Town Board Voucher Deadline
(typically the 15' and 3rd. Wednesday of every month)for review by Town.
Payment for services will be made based on the proportion of the fixed
amount earned for each task satisfactorily completed as follows:
TO BE PROVIDED
The Town Board will review the vouchers and, if acceptable, pay for the
services and/or products after approval of the vouchers by the Town Board in
compliance with the Town Board's statutory duties to audit claims for payment.
In no event will the total payments to Engineer exceed the fee amounts 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 Compliance.
2
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.
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, 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.
3
2) 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
3) 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 and its
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, 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
4
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.
3) 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.
4)Contractor acknowledges that failure to obtain such insurance on behalf
of the Town of Ithaca 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.
C. 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, 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,
5
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
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.
6
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, 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(s) and year written below.
Town of Ithaca Delaney CMS, LLC
By: By:
Rod Howe Mary Delaney
Town Supervisor Delaney CMS - Owner
Date: Date:
7
CMS %=
Delaney
April 15, 2026
Joseph Slater
Director of Public Works
Town of Ithaca
114 Seven Mile Drive
Ithaca, New York 14850
RE: Town of Ithaca Consulting Services
Joseph,
As requested, we propose providing ongoing consulting and permit development services to
the Town of Ithaca DPW at a rate of$90.00 per hour. This will be billed monthly only for the
actual time utilized.
Delaney CMS is a New York State Certified Women Owned Business Enterprise (WBE).
Mary Kathleen Delaney
Owner
Malin,XatU"/ru 9etamen.4,
Delaney CMS, LLC
702 Curran Rd
Shortsville, NY 14585
Phone: (315) 702-2592
Email: marykate@delaneycros.com
Website: delaneycros.com
EXHIBIT B
LOG
August 31, 2026
Justin McNeal— Director of Engineering/Town Engineer
Town of Ithaca
Engineering Department
114 Seven Mile Drive
Ithaca, NY 14850
Re: Scope and Fee Proposal
Town of Ithaca and City of Ithaca Sanitary Sewer Joint Interceptors Study, Phase 2
Dear Justin,
LDG is pleased to submit this proposal for professional engineering services for Phase 2 of the Town of
Ithaca and City of Ithaca Sanitary Sewer Joint Interceptors Study.
BACKGROUND
The Town of Ithaca (Town)and the City of Ithaca (City)completed Phase 1 of a study of the sanitary sewer
interceptor infrastructure jointly owned by the City and the Town.
As part of Phase 1 of the study of the sanitary sewer interceptor infrastructure jointly owned by the City and
the Town, LDG conducted a preliminary evaluation of gravity collection infrastructure, including manholes
and gravity main runs to confirm the status of the interceptor runs. This work included collecting and
reviewing all available data, including City GIS mapping and as-builts, and conducting a limited field
evaluation of manholes to provide a sampling of manhole condition assessments and to help identify areas
where flow direction and interceptor orientation was unclear based on provided data. As part of the Phase
1 effort, a total of 96 manholes were inspected. Dye testing was performed on an as-needed basis to help
confirm interceptor routes.
LDG provided a report of our findings on data collection, preliminary system analysis, and dye testing. The
report made recommendations for additional field data collection and suggested the quantity, location, and
duration of flow metering needed to conduct a gravity collection asset capacity assessment in following
phases of the study.
It is understood that the primary goals of this study are:
• To evaluate the general condition of the jointly owned sanitary sewer interceptor infrastructure to:
o Understand and plan for future capital improvements needed for this infrastructure.
o Identify operational improvements that may extend or improve the functionality and lifespan
of these assets.
• To gauge the existing capacity of the jointly owned sanitary sewer interceptor infrastructure to
support planning for future improvement and future development.
• Confirm/verify or calibrate the permanent boundary meters at the Town/City border locations where
the Town collection system discharges to the interceptor sewer.
Larson Design Group
1 West Market Street, Suite 301, Corning, NY 14830
607.936.7076 1 larsondesigngroup.com
August 31, 2026
Scope and Fee Proposal
Phases 2 - Sanitary Sewer Joint Interceptors Study
SCOPE OF SERVICES FOR PHASE 2
Phase 2 of this study will include extensive manhole field data collection, including opening manholes to
perform manhole inspections and measure pipe inverts, temporary flow metering, capacity analysis, and
reporting and presentation.
A future Phase 3 will include additional intermittent flow metering, comparison of flow metering results to
pipe capacities calculated in Phase 2, evaluation of all pump station and siphon assets, and reporting and
presentation.
Task 2A: Manhole Inspections and Invert Collection
As noted above, precise measurements of rim elevation to pipe invert are required to accurately calculate.
Data collection will include:
1. Locate and open each manhole (traffic control to be provided by Town or City staff).
2. Inspect each manhole and collect manhole inspection information and photographs.
3. Measure and record depth from rim to inverts of all pipes.
It is expected that the GIS-based field inspection application utilized in Phase 1 will be utilized again to
allow field inspection data and photographs to be linked to the interceptor GIS database in real time. The
result will be a complete GIS database of the Interceptor runs.
Estimated pricing for this task is based on a 2-person LDG field crew completing this investigation on 470
manholes. This number of manholes requiring further inspection were identified in Phase 1 by using the
City's GIS data to determine which manholes were missing invert and pipe invert information.
Task 213: System Capacity Analysis
Data collected under Task 2A will be utilized in sewer capacity calculations. LDG will perform basic pipe
capacity calculations for the interceptor systems within the field GIS data collection system. Pipe material,
diameter, upstream elevation, and downstream elevation,will be used to calculate the theoretical maximum
flow capacity for each individual gravity pipe run.
Task 2C: Temporary Flow Metering
LDG will utilize a subconsultant to provide temporary flow metering at various locations across the
interceptor sewers. Subconsultant will utilize battery-powered temporary area-velocity meters to collect flow
data at each selected location. The units will be installed, calibrated, data collected and removed by the
subconsultant. Each temporary monitoring location is expected to collect a minimum of one month of
continuous flow data. Monitoring will be scheduled to occur while both Ithaca College and Cornell University
are in session to ensure that collected data reflects typical population conditions, including student
occupancy within the service area.
The Phase 2 stage of flow metering will involve installing temporary flow metering downstream of each of
the 13 boundary flow meter stations where the Town collection system discharges to the interceptor sewer.
The temporary meters will be used to confirm/calibrate the permanent boundary meters so that the
boundary meter flow data quality can be verified and so that flow meter data collected at the boundary
meter sites can be utilized for data comparison with subsequent downstream temporary metering locations
August 31, 2026
Scope and Fee Proposal
Phases 2 - Sanitary Sewer Joint Interceptors Study
included in the capacity evaluation. LDG will inspect and conduct a high-level evaluation of the condition
and orientation of each permanent flow metering station during installation of the temporary flow meters.
Location for flow monitoring will be reviewed and coordinated with the Town/City of Ithaca prior to
installation.
Within the same timeframe as the boundary meter verification, the City of Ithaca will be working on a
Preliminary Inflow and Infiltration (PI I)study of their own system. The City plans to install four(4)temporary
meters on main interceptor lines entering the WWTP.This data will be used for comparison to the boundary
meter flows.
Based on observed flows and the capacity analysis described in Task 2B, a preliminary high-level capacity
analysis comparing hydraulic capacities to metered flows will be conducted (Task 2D) and
recommendations will be made for quantities and locations of intermittent flow metering locations for Phase
3. As this time, it is estimated that a total of 42 flow metering locations will be utilized for the capacity
evaluation by utilizing 13 boundary meters in Phase 2, the 4 meters included in the City's PH study, and
approximately 25 meters that will be installed along interceptor runs in Phase 3.
Task 2D: Data Analysis:
Flow meter data will be received and reviewed by LDG to assess current interceptor segment flows. The
data analysis exercise will include subtracting upstream flow metering data to calculate flow attributed to
collection system areas located between 2 meter locations.The City will provide influent flow metering data
for measured flow into the treatment facility, along with meter results from their PH study, and these data
sets will also be analyzed and compared with the temporary flow metering data.
LDG will also provide recommendations for possible locations where new boundary meter locations should
be considered based on contributing flow and/or number of dwelling units for areas of the Town sewer
system that discharge to the interceptor without contributing to an existing jointly owned boundary meter.
We will provide recommendations for estimating flows, including appropriate inflow and infiltration (I&I)
allowances, from customers not tributary to a jointly owned boundary meter based on factors such as pipe
material, age, length, and other relevant system characteristics.
Task 2E: Reporting
LDG will provide a report of our findings based on the manhole data collection, capacity analysis, and flow
metering results. It is expected that the additional reporting generated from Phase 2 of the study will be
added to the Phase 1 reported to generate a single, updated report that describes both Phases of the study.
The report will include methodology, findings, system deficiencies, recommended improvements and
assumptions.
LDG will provide recommendations for potential upsizing where calculations indicate undersized pipe runs
and identify areas where additional intermittent metering should be performed in Phase 3 to further enhance
the capacity analysis of the interceptor systems.
August 31, 2026
Scope and Fee Proposal
Phases 2 - Sanitary Sewer Joint Interceptors Study
Task 2F: Progress Meetings and Presentation
1. LDG will attend one (1)in-person progress meeting and two(2)virtual progress meetings to review
project status with the Client, identify potential issues, and ensure alignment of project goals and
next steps.
2. Following collection and evaluation of the temporary flow metering data and comparison with data
from the permanent boundary flow meters, LDG will facilitate (1) in-person coordination meeting
with the Town, City of Ithaca, and Lectre to review the results, discuss any identified discrepancies
or data quality concerns, and confirm the approach for utilizing the permanent boundary meter data
in the subsequent capacity evaluation.
3. LDG will attend one (1) in-person meeting to present the Phase 2 report to the Public Works
Committee.
PHASE 2 FEE
LDG proposes completing the Phase 2 scope of services described herein for a lump sum fee of$153,700
including reimbursable expenses, broken down on a per-task basis as follows:
Task Lump Sum
Task 2A: Manhole Inspections and Invert Collection $47,000
Task 213: System Capacity Analysis $8,200
Task 2C: Temporary Flow Metering $67,000
Task 2D: Data Analysis $10,000
Task 2E: Reporting $12,000
Task 2F: Progress Meetings and Presentation $6,000
Reimbursable Expenses $3,500
Total $153,700
SCHEDULE
It is anticipated that all Phase 2 services can be completed within 6 months of notice to proceed, assuming
Town and City can have staff readily available for meetings and field visits. It is assumed that temporary
flow meter data collection will be completed in the Fall of 2026.
PHASE 3
A detailed scope and fee for Phase 3 will be developed as Phase 2 progresses and informs the need for
additional flow data collection. Phase 3 is currently anticipated to include additional flow metering and
associated data analysis and reporting to complete a more detailed capacity analysis. Phase 3 is also
anticipated to include a condition and capacity analysis of all pump stations and siphons included in the
interceptor sewer network.
August 31, 2026
Scope and Fee Proposal
Phases 2 - Sanitary Sewer Joint Interceptors Study
CLOSING
LDG looks forward to another opportunity to assist the Town with your wastewater infrastructure needs. If
you have any questions, please feel free to contact me at LDG's Corning office at (607) 463-2903 or by
email at bsick(c@larsondesigngroup.com.
Sincerely,
LARSON DESIGN GROUP
Brad Sick, PE
Project Manager
Cc: Joe Slater, Highway Superintendent/ Director of Public Works [via jslater@townithacany.gov]
Town of Ithaca and Town & County BRIDGE and RAIL
Agreement for Services
THIS AGREEMENT is made this 14th day of September 2026 between the TOWN
OF ITHACA with offices at 215 N. Tioga St., Ithaca, NY 14850 (hereinafter referred to as
the "Town") and Town and County Bridge and Rail whose address is P.O. Box 16395
Albany NY, 12212 (hereinafter referred to as the "Contractor").
The Town and Contractor agree as follows:
1. Services to be Performed. Contractor agrees to perform the following services for
the Town and/or to provide the following products to the Town:
1. Provide repair services to the pedestrian walkway on the Forest Home Bridge
BIN# 3047440 as quoted in the attached quote date 9/9/26
2. Fees. The Contractor shall be paid $22,143 Dollars and 00 Cents (twenty-two
thousand one hundred and forty-three dollars and zero cents) on a lump sum basis for
services provided, including all travel, time and expenses associated with providing these
services to the Town. This payment 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 September 14th,
2026 to December 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
Contractor 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
parry'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 Contractor's default,the Contractor
will be paid only for services performed in accordance with this Agreement. If it is later
determined by the Town that the Contractor 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 Contractor, the Town may allow the Contractor 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
Contractor shall perform its services using that degree of skill and care ordinarily
exercised under similar conditions by experienced, qualified, competent and reputable
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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 activities or products, 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. The voucher shall be submitted upon
satisfactory completion of services or the provision of goods. The Town Board will
review same 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 lump sum stated in Section 2 above.
6. Relationship. The Contractor 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. Contractor 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. Contractor shall be
free to devote such portions of its time not required for the performance of services to the
Town in such manner as Contractor sees fit and for such other persons, firms, or entities
as Contractor 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 Contractor. 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 Contractor. The Contractor retains the right
to use the information also.
8. Insurance Requirements.
A. Throughout the term of this Agreement, Contractor shall procure and maintain the
insurance described in this Section 8.
B. Notwithstanding any terms, conditions or provisions in any other writing between the
parties, Contractor hereby agrees to effectuate the naming of the Town as an unrestricted
additional insured on Contractor's insurance policies, with the exception of workers'
compensation and professional liability.
C. The Contractor agrees to indemnify the Town for any applicable deductibles.
D.The Contractor/Subcontractor shall purchase and maintain insurance of the following types
of coverage and limits of liability:
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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) General Contractor, Owner and all other parties required of the General
Contractor, shall be included as 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.
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) General Contractor, Owner and all other parties required of the General
Contractor, shall be included as insureds on the auto policy.
3) Commercial Umbrella
a) Umbrella limits must be at least $5,000,000.
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,Auto Liability and
Employers Liability coverages maintained by the Contractor/Subcontractor.
4) Workers Compensation and Employers Liability - Statutory coverage complying with
New York Workers' Compensation Law Section 57 General Municipal Law Section
125, Contractor must submit one of the following:
• CE-200 - Certificate of Attestation of Exemption from NYS Workers'
Compensation
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available at www.web.state.ny.us, OR
• C-105.2 - Certification of NYS Workers' Compensation Insurance, OR
• U-26.3 - State Insurance Fund version), OR
• SI-12 - Certificate of NYS Workers' Compensation Self Insurance, OR
• GSI-105.2 - Certificate of NYS Workers' Compensation Group Self-Insurance
5) Disability Benefits Coverage - Statutory coverage complying with NYS Workers'
Compensation Law Section 220 (8)under General Municipal Law Section 125,
Contractor must submit one of the following:
• CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits
Coverage available at www.web.state.ny.us, OR
• DB 120.1 - Certification of Disability Benefits Insurance, OR
• DB 155 - Certificate of Disability Self-Insurance
6) Waiver of Subrogation
Contractor/Subcontractor waives all rights against Contractor, Owner and Architect and
their agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by commercial general liability, commercial umbrella liability,
business auto liability or workers compensation and employers liability insurance
maintained per requirements stated above.
Attached to each certificate of insurance shall be a copy of the Additional Insured
Endorsement that is part of the Contractor/Subcontractor's Commercial General Liability
Policy. 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 Contractor.
7)If requested: 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.
8)If requested: Owner's & Contractor's Protective Liability with limits of Insurance of
not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate.
9)If requested: Pollution Liability with limits of Insurance of not less than $1,000,000
each occurrence and $2,000,000 Annual Aggregate.
10)If requested: Property Insurance
Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor
shall purchase and maintain builder's risk insurance upon the Work on a completed value
basis, in the amount of the full insurable replacement cost thereof(subject to such
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deductible amounts as may be provided in the Supplementary Conditions or required by
Laws and Regulations). This insurance shall:
a) include the Owner and Contractor as named insureds, and all Subcontractors, and
any individuals or entities required by the Supplementary Conditions to be
insured under such builder's risk policy, as insureds or named insureds. Any
corresponding Supplementary Conditions, the parties required to be insured shall
collectively be referred to as "insureds."
b) be written on a builder's risk"all risk"policy form that shall at least include
insurance for physical loss or damage to the Work, temporary buildings,
falsework, and materials and equipment in transit, and shall insure against at least
the following perils or causes of loss: fire; lightning; windstorm; riot; civil
commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and
malicious mischief; mechanical breakdown, boiler explosion, and artificially
generated electric current; earthquake; volcanic activity, and other earth
movement; flood; collapse; explosion; debris removal; demolition occasioned by
enforcement of Laws and Regulations; water damage (other than that caused by
flood); and such other perils or causes of loss as may be specifically required by
the Supplementary Conditions. If insurance against mechanical breakdown, boiler
explosion, and artificially generated electric current; earthquake; volcanic activity,
and other earth movement; or flood, are not commercially available under
builder's risk policies,by endorsement or otherwise, such insurance may be
provided through other insurance policies acceptable to Owner and Contractor.
c) cover, as insured property, at least the following: (a)the Work and all materials,
supplies, machinery, apparatus, equipment, fixtures, and other property of a
similar nature that are to be incorporated into or used in the preparation,
fabrication, construction, erection, or completion of the Work, including Owner-
furnished or assigned property; (b) spare parts inventory required within the scope
of the Contract; and(c)temporary works which are not intended to form part of
the permanent constructed Work but which are intended to provide working
access to the Site, or to the Work under construction, or which are intended to
provide temporary support for the Work under construction, including
scaffolding, form work, fences, shoring, falsework, and temporary structures.
d) cover expenses incurred in the repair or replacement of any insured property
(including but not limited to fees and charges of engineers and architects).
e) extend to cover damage or loss to insured property while in temporary storage at
the Site or in a storage location outside the Site (but not including property stored
at the premises of a manufacturer or Supplier).
f) extend to cover damage or loss to insured property while in transit.
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g) allow for partial occupation or use of the Work by Owner, such that those
portions of the Work that are not yet occupied or used by Owner shall remain
covered by the builder's risk insurance.
h) allow for the waiver of the insurer's subrogation rights, as set forth below.
i) provide primary coverage for all losses and damages caused by the perils or
causes of loss covered.
j) not include a co-insurance clause.
k) include an exception for ensuing losses from physical damage or loss with
respect to any defective workmanship, design, or materials exclusions.
1) include performance/hot testing and start-up.
m) be maintained in effect, subject to the provisions herein regarding Substantial
Completion and partial occupancy or use of the Work by Owner,until the Work is
Completed.
F. The insurance producer must indicate whether or not it is an agent for the companies
providing the coverage.
G. Contractor acknowledges that failure to obtain such insurance on behalf of the Town
constitutes a material breach of contract and subjects it to liability for damages,
indemnification and all other legal remedies available to the Town. The Contractor is to
provide the Town 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 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.
H. The Town is a member/owner of the NY Municipal Insurance Reciprocal (NYMIR).
The Contractor further acknowledges that the procurement of such insurance as required
herein is intended to benefit not only the Town but also the NYMIR, as the Town's insurer.
9. Workers Compensation and Disability Insurance. Upon execution of this
Agreement, the Contractor shall present to the Town proof either that the Contractor
provides the levels of workers' compensation and disability coverage required by the State
of New York or that the Contractor is not required to provide such coverage.
10. Indemnity. The Contractor 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, damages, liabilities, obligations, losses,
6
settlements,judgments, 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, caused by the acts or omissions of Contractor or Contractor's
employees, agents or subcontractors, in connection with this Agreement. To the extent
the Town is negligent; Contractor's duty to indemnify the Town shall not extend to the
proportion of loss attributable to the Town's negligence.
11. Contractor May Not Assign. This Agreement may not be assigned by the
Contractor 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 Contractor 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 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.
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17. Claims and Disputes Arbitration. The Town may elect to subject disputes
arising out of this Agreement to resolution by mediation or 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, the rules
governing mediation or arbitration invoked by the Town shall be the Commercial
Arbitration Rules and Mediation Procedures of the American Arbitration Association.
Contractor 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 CONTRACTOR
By: By:
Rod Howe,
Town Supervisor T.C.B.R. Representative
Date: Date:
8
TCBR
Town & County • . RAIL
P.O.Box 16395 cell
Albany,NY 12212 518-577-1008
To: Joe
From: Connor Hart
Date: 9/9/26
Re: Forest Home Dr Red Flag Cantilever Sidewalk Repair
Per your request and after inspecting the above referenced site, specs and plans where and when
applicable, we are pleased to submit as follows (Prices per current Tompkins Co. Bridge Repair
Bid):
Project Scope-mobilize to site, establish WZTC; remove wood deck paneling to expose
deteriorated stringers, remove/dispose 2 each W8 x 24 x 14'-7" stringers in span 9, furnish/install
in kind 2 new W8 x 24 x 14'-7" stringers; remove/dispose sidewalk railing posts 3 and 4,
furnish/install in kind 2 new sidewalk posts identical to existing, with new hardware.
Project Cost—30 hrs @ $129.00/hr Foreman w/equipped field truck $ 3,870.00
30 hrs @ $121.00/hr Laborer w/tools $ 3,630.00
30 hrs @ $121.00/hr Laborer w/tools $ 3,630.00
1 ea @ $1079.00/ea Mobilization $ 1,079.00
2 ea @ $1425.00/ea W8x24 147' stringer beam $ 2,850.00
2 ea @ $1275.00/ea Custom Sidewalk Railing Posts $ 2,550.00
1 week @ $3584.00/week JLG 860SJ Boom Rental $ 3,584.00
1 LS @ $950.00/ea Misc supplies $ 950.00
Total Project Cost $ 22,143.00
Price includes material, delivery, labor, equipment. Traffic control done by others. Work can
commence 1-2 weeks after NTP. Please call 269-9497 with questions and or concerns.
TCBR
Town & County • . RAIL
P.O.Box 16395 cell
Albany,NY 12212 518-577-1008
To: Joe
From: Connor Hart
Date: 9/9/26
Re: Forest Home Dr Red Flag Cantilever Sidewalk Repair
Per your request and after inspecting the above referenced site, specs and plans where and when
applicable, we are pleased to submit as follows (Prices per current Tompkins Co. Bridge Repair
Bid):
Project Scope-mobilize to site, establish WZTC; remove wood deck paneling to expose
deteriorated stringers, remove/dispose 2 each W8 x 24 x 14'-7" stringers in span 9, furnish/install
in kind 2 new W8 x 24 x 14'-7" stringers; remove/dispose sidewalk railing posts 3 and 4,
furnish/install in kind 2 new sidewalk posts identical to existing, with new hardware.
Project Cost—30 hrs @ $129.00/hr Foreman w/equipped field truck $ 3,870.00
30 hrs @ $121.00/hr Laborer w/tools $ 3,630.00
30 hrs @ $121.00/hr Laborer w/tools $ 3,630.00
1 ea @ $1079.00/ea Mobilization $ 1,079.00
2 ea @ $1425.00/ea W8x24 147' stringer beam $ 2,850.00
2 ea @ $1275.00/ea Custom Sidewalk Railing Posts $ 2,550.00
1 week @ $3584.00/week JLG 860SJ Boom Rental $ 3,584.00
1 LS @ $950.00/ea Misc supplies $ 950.00
Total Project Cost $ 22,143.00
Price includes material, delivery, labor, equipment. Traffic control done by others. Work can
commence 1-2 weeks after NTP. Please call 269-9497 with questions and or concerns.