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MEETING OF THE ITHACA TOWN BOARD
February 10, 2025
This meeting will also be on ZOOM (ID 98910958241)
and YouTube Link for your convenience.
AGENDA
1.
2.
3.
4.
5.
6.
7.
8.
9.
Adjournment
Call to Order and Pledge of Allegiance
Persons to be Heard
Public Hearing Regarding Proposed Loal Law Amending Town of Ithaca Code Tax
Exemptions for Seniors and Disabled Persons with Limited Income
Consider Revised Agreement with Lake View Cemetery
Consider setting a public hearing for a proposed PDZ for Maplewood II
Consider Authorization to Increase Authorized Project Cost for the 2024 Sanitary Sewer
Rehabilitation Project NE
Authorization to Award Engineering Consultant Agreement for East Shore Drive Pedestrian
and Bicyclist Safety Corridor Project
Consent Agenda
a.Approval of Town Board Minutes
b.Approval of the Town of Ithaca Abstract
c.Approval of the Bolton Point Abstract
d.Approval of Budget Amendments
e.Approval Authorizing the Town Supervisor to Execute Worth Street MOU
f.Approval of Permit Fee Reduction Request for 622 Elm Street Ext
g.Approval of Authorization of MOU Regarding Park Relocation and Land Purchase
and Swap Agreement for Saponi Park on Five Mile Drive
Report of Town Officials, Committees, and review of Correspondence
Item 3
MEETING OF THE ITHACA TOWN BOARD
February 10, 2025
TB Resolution 2025 - : Adoption of Local Law 3 of 2025, entitled “A Local Law amending
Town of Ithaca Code Chapter 239, Taxation, regarding exemptions for Senior Citizens and
Certain Disabled Persons with Limited Income”
Whereas the Ithaca Town Board reviewed the proposed local law entitled “A Local Law
Amending Town of Ithaca Code Chapter 239, Taxation, regarding Exemptions for Senior
Citizens and Certain Disabled Persons with Limited Income” and held a duly scheduled and
publicized public hearing at its meeting on February 10, 2025, at which time all persons wishing
to address the Board on the proposed local law were heard, 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
adoption of the proposed 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 thus not subject to review under SEQRA; now,
therefore, be it
Resolved, that the Ithaca Town Board adopts Local Law of 2025 entitled “A Local Law amending
Town of Ithaca Code Chapter 239, Taxation, regarding exemptions for Senior Citizens and Certain
Disabled Persons with Limited Income.”
Moved: Seconded:
Vote: ayes-
TOWN OF ITHACA
LOCAL LAW _ OF THE
YEAR 2025
A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE,
TITLED “TAXATION,” REGARDING EXEMPTIONS FOR SENIOR CITIZENS AND
CERTAIN DISABLED PERSONS WITH LIMITED INCOMES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town
of Ithaca Code, Section 239-2A, titled “Grant of exemption” is amended by deleting the
income/exempt percentage schedule in subparagraph A and replacing it with the following
income/exempt percentage schedule:
Annual Income of Owner or
Percentage Assessed Valuation
Combined Annual Income of Owners
Exempt from Taxation
Up to and including $36,500 50%
More than $36,500 but less than $37,500 45%
$37,500 or more but less than $38,500 40%
$38,500 or more but less than $39,500 35%
$39,500 or more but less than $40,400 30%
$40,400 or more but less than $41,300 25%
$41,300 or more but less than $42,200 20%
$42,200 or more but less than $43,100 15%
$43,100 or more but less than $44,000 10%
$44,000 or more but less than $44,900 5%”
Section 2. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town
of Ithaca Code, Section 239-5, titled “When effective” is amended by replacing the two references
to“2024” with “2025” so that this section reads as follows:
“The schedule in § 239-2A shall apply to assessment rolls prepared on the basis of taxable
status dates occurring on or after March 1, 2025. With respect to assessment rolls prepared
on the basis of taxable status dates prior to March 1, 2025, the partial exemption allowed
by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise
qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws
in effect on the relevant taxable status date.”
Section 3. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons
with Limited Incomes) of the Town of Ithaca Code, Section 239-12A, titled “Grant of exemption;
conditions” is amended by deleting the income/exempt percentage schedule in subparagraph A
and replacing it with the following income/exempt percentage schedule:
Annual Income of Owner or
Percentage Assessed Valuation
Exempt from Taxation
Combined Annual Income of Owners
Up to and including $36,500 50%
More than $36,500 but less than $37,500 45%
$37,500 or more but less than $38,500 40%
$38,500 or more but less than $39,500 35%
$39,500 or more but less than $40,400 30%
$40,400 or more but less than $41,300 25%
$41,300 or more but less than $42,200 20%
$42,200 or more but less than $43,100 15%
$43,100 or more but less than $44,000 10%
$44,000 or more but less than $44,900 5%”
Section 4. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled
Persons with Limited Incomes) of the Town of Ithaca Code, Section 239-15, titled “When
effective” is amended by replacing the two references to “2024” with “2025” so that this section
reads as follows:
“The schedule in § 239-12A shall apply to assessment rolls prepared on the basis of taxable
status dates occurring on or after March 1, 2025. With respect to assessment rolls prepared
on the basis of taxable status dates prior to March 1, 2025, the partial exemption allowed
by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise
qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws
in effect on the relevant taxable status date.”
Section 5. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall
remain in full force and effect.
Section 6. This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
Item 4
TB Resolution 2025 - : Designation and Transfer of a Surplus Lawn Mower to Lake View
Cemetery Co. Inc.
Whereas, the Town of Ithaca owns a 2018 Grasshopper Model 725DT- serial – 6819362 with 633
hours on it and purchased in 2018 with a purchase price of $15,202.25; and
Whereas, the Equipment is scheduled and budgeted to be replaced in 2025 and has an estimated
trade-in value of t/- $9000, and
Whereas, the Town received a request from the Board of Trustees of Lake View Cemetery Co.
Inc. (Cemetery) to transfer the ownership of the Equipment to the Cemetery for the sole use of
the necessary and proper maintenance of the Cemetery; and
Whereas, NYS General Municipal Law Section 165-a explicitly authorizes this type of gift and
the Town wishes to support the management and maintenance efforts of the Cemetery, which
would otherwise become the responsibility of the Town upon the dissolution of the Cemetery
Corporation and abandonment of the Cemetery; now therefore be it,
Resolved, that the Ithaca Town Board declares the Equipment to be surplus and no longer needed
by the Town, and authorizes the transfer of the Equipment to Lake View Cemetery Co. Inc.; and
be it further
Resolved, that the Town Supervisor is authorized to sign an agreement with Lake View Cemetery
Co. Inc. for the transfer of the Equipment
Moved: Seconded:
Vote: ayes-
AGREEMENT
This Agreement, entered into this day of , 2025, between Lake View
Cemetery Co. Inc., a New York not-for-profit cemetery corporation with offices at 215 N. Tioga
Street, Ithaca, NY14850, hereinafter referred to as the “Cemetery,” and the Town of Ithaca, a
municipal corporation of the State of New York with offices at 215 N. Tioga Street, Ithaca, NY
14850, hereinafter referred to as the “Town”.
WITNESSETH:
WHEREAS, the Town wishes to support the management and maintenance efforts of the
Cemetery, to the extent allowed under NYS General Municipal Law, which would otherwise
become the responsibility of the Town upon the dissolution of the Cemetery Corporation; and
WHEREAS, the Cemetery has requested that the Town transfer ownership of surplus lawn
mowing equipment to the Cemetery to be used only on Cemetery property for the necessary and
proper maintenance of the Cemetery;
NOW, THEREFORE, in consideration of the mutual promises, conditions, covenants, and
Considerations set forth herein the parties hereto agree to the following:
1. The Town hereby transfers to the Cemetery ownership of a 2018 Grasshopper Model
725DT- serial #6819362, hereinafter referred to as the “Equipment”.
2. The Equipment shall be used only on Cemetery property and only for the necessary and
proper maintenance of the Cemetery.
3. When the Equipment proves impractical for use at the Cemetery or there is no one
available to utilize it, the Equipment will be returned to the Town for final disposition.
4. The Cemetery 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, 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, related to the
Equipment and/or its use on or after the date of this Agreement.
5. This Equipment is accepted by the Cemetery AS IS, with no express or implied warranty
or representation, without any guarantee that the Equipment is in any condition to serve
the purpose originally intended or any other purpose, and without recourse against the
Town.
6. The Town shall not provide any training in the use, maintenance or repair of the
Equipment, and shall not provide any maintenance or repair services to the Equipment.
7. This agreement constitutes the entire understanding of the parties and supersedes any and
all prior or written agreements, negotiations or understandings, existing between the
parties regarding the equipment. This agreement shall not be changed except by a written
instrument signed by duly authorized representatives of both parties.
8. Binding Nature of Agreement. This Agreement is binding upon the parties, their
respective representatives and successors and, when assignment is permitted, assigns.
9. 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 brough to enforce the Agreement, it shall be brought in an appropriate Court
in Tompkins County, New York. and both parties consent to the jurisdiction of such court.
Lake View Cemetery Co. Inc. Town of Ithaca
By: By:
Lake View Cemetery President Town Supervisor
Address: Address:
Date: Date
Item 5
MEETING OF THE ITHACA TOWN BOARD
February 10, 2025
TB Resolution 2025 - : Setting a public hearing regarding “A Local Law to Amend Zoning
Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone
for the Maplewood II Development between Maple Avenue and Lena Street”
Resolved that the Town Board will hold a public hearing at their meeting on March 10, 2025,
which begins at 5:30 p.m., held at Town Hall, 215 N. Tioga St., Ithaca, regarding a Local Law
authorizing the creation of Planned Development Zone No. 17 (Limited Mixed Use, Maplewood
II) at which time all persons wishing to be heard regarding the proposed action shall be heard.
Moved: Seconded:
Vote: ayes-
Item 6
MEETING OF THE ITHACA TOWN BOARD
February 10, 2024
TB Resolution 2025 -: Authorization to Increase Authorized Project Cost for the 2024
Sanitary Sewer Rehabilitation Project NE
Whereas Resolution 2024-106 authorized the award of the Town of Ithaca 2024 Sanitary Sewer
Rehabilitation Project NE contract and authorized the Town Supervisor to execute said contract
with Sewer Specialty Service Company, Inc.; 2462 New Road Leicester, NY, 14481, and
Whereas the project, including contract, engineering, legal, inspection, and other expenses, was
authorized a maximum cost $271,494.08, and
Whereas televising and pressure testing of the sewer mains has identified more deficiencies than
originally anticipated, and
Whereas the Director of Engineering (Director) has reviewed the above information and has
estimated that an additional $45,000 is required to correct the deficiencies and recommends the
authorized amount be increased by said amount; now therefore be it
Resolved, that the Town Board hereby authorizes the maximum cost of the project be increased
to $316,494.08; and be it further
Resolved, that the Director is authorized to approve change orders to such contract upon receipt
of appropriate justification provided the maximum amount of such change orders shall not in the
aggregate exceed $69,681.28 without prior authorization of this Board, and provided further that
the total project cost, including contract, engineering, legal, inspection, and other expenses, does
not exceed the maximum authorized cost of $316,494.08 for the project.
Moved: Seconded:
Vote: ayes-
Item 7
MEETING OF THE ITHACA TOWN BOARD
February 10, 2025
TB Resolution 2025 - XXX: Authorization to Award Engineering Consultant Agreement
for East Shore Drive Pedestrian and Bicyclist Safety Corridor Project
Whereas, a Project for the TAP 2023 East Shore Drive Bicycle and Pedestrian Safety Corridor,
Cayuga St to James L Gibbs Dr, Town of Ithaca, P.I.N. 395091 (the Project) will improve the
safety for pedestrians and bicyclists, linking existing multi-use trail infrastructure on East Shore
Drive (NYS-34) between Boynton Middle School (N. Cayuga Street) and the Ithaca Youth
Bureau (James L. Gibbs Dr.) providing an important link to Stewart Park and the Cayuga
Waterfront Trail for walkers, joggers, and cyclists from various City of Ithaca neighborhoods, as
well as nearby Town of Ithaca and Village of Cayuga Heights neighborhoods; and
Whereas Barton & Loguidice, D.P.C, 443 Electronics Parkway, Liverpool, NY 13088 (B&L) has
provided a Architectural/Engineering Consultant Agreement and Fee for the Project, and
Whereas B&L has adequately outlined project objectives, timelines, and knowledge of required
design elements that meet and/or exceed our expectations, and
Whereas the Director of Planning and Director of Engineering have reviewed the proposed
Engineering Consultant Agreement with B&L and recommend approval by the Town Board for
the Engineering Design Services, for a fee not to exceed $160,000.00, and
Whereas in accordance with the New York State Environmental Quality Review Act (SEQRA)
and its implementing regulations at 6 NYCRR Part 617, TB 2024-120 classified this project as a
Type II Action and not subject to environmental review; now therefore be it
Resolved, that the Director of Engineering is authorized to approve change orders to such contract
upon receipt of appropriate justification provided the maximum amount of such change orders
shall not in the aggregate exceed $5,000.00 without prior authorization of this Board, and provided
further the total cost shall not exceed $165,000.00 for the Professional Engineering/Design
services for the project; and be it further
Resolved, that the Town Board authorizes the award and execution by the Supervisor of a
contract for Engineering/Design Services for the Project to Barton and Loguidice, D.P.C, 443
Electronics Parkway, Liverpool, NY 13088, subject to approval of the contract documents by the
Director of Engineering and Attorney for the Town.
Moved: Seconded:
Vote:
Town of Ithaca Agreement - East Shore 2-25 (ID 3285202).docx
1
Architectural/ Engineering
Consultant Agreement
PIN 3950.91 Municipal Contract No. __________________
Agreement made this _____ day of ______, ______ by and between
TOWN OF ITHACA
(municipal corporation)
having its principal office at 215 North Tioga Street, Ithaca, New York 14850
(to be known throughout this document as the “Sponsor”)
and
BARTON & LOGUIDICE, D.P.C.
with its office at 443 Electronics Parkway, Syracuse, New York 13088
(to be known throughout this document as the "Consultant")
WITNESSETH:
WHEREAS, in connection with a federal-aid project funded through the New York State Department
of Transportation (“NYSDOT”) identified for the purposes of this contract East Shore Drive Bicycle and
Pedestrian Safety Corridor (PIN 395091) (as described in detail in Attachment A annexed hereto, the
“Project”) the Sponsor has sought to engage the services of a Consultant Engineer to perform the scope of
services described in Attachment B annexed hereto; and
WHEREAS, in accordance with required consultant selection procedures, including applicable
requirements of NYSDOT and/or the Federal Highway Administration (“FHWA”), the Sponsor has selected
the Consultant to perform such services in accordance with the requirements of this Contract; and
WHEREAS,Rod Howe, is authorized to enter this Contract on behalf of the Sponsor,
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1. DOCUMENTS FORMING THIS CONTRACT
This contract consists of the following:
Agreement Form - this document titled
"Architectural/Engineering Consultant
Agreement";
Attachment "A" - Project Description and
Funding;
Attachment "B" – Scope of Services;
Attachment “C” - as applicable, Staffing
Rates, Hours, Reimbursables and Fee.
Town of Ithaca Agreement - East Shore 2-25 (ID 3285202).docx
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ARTICLE 2. SCOPE OF SERVICES/STANDARD PRACTICES AND REQUIREMENTS
2.1 The CONSULTANT shall render all services and furnish all materials and equipment necessary to
provide the Sponsor with plans, estimates and other services and deliverables more specifically described
in Attachment "B".
2.2 The CONSULTANT shall ascertain the applicable practices of the Sponsor, NYSDOT and/or FHWA
prior to beginning any of the work of this PROJECT. All work required under this Contract shall be
performed in accordance with these practices, sound engineering standards, practices and criteria, and
any special requirements, more particularly described in Attachment "B".
2.3 The CONSULTANT will commence work no later than ten (10) days after receiving notice to proceed
from the Sponsor.
ARTICLE 3. COMPENSATION METHODS, RATES AND PAYMENT
As full compensation for Consultant’s work, services and expenses hereunder the Sponsor shall pay to the
CONSULTANT, and the CONSULTANT agrees to accept compensation based on the methods designated
and described below. Payment of the compensation shall be in accordance with the Interim Payment
procedures shown in the table and the final payment procedure in Article 6.
(Continued next page)
Town of Ithaca Agreement - East Shore 2-25 (ID 3285202).docx
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3.1 Cost Plus Fixed Fee Method
ITEM DESCRIPTION OF ITEMS WITHIN METHOD APPLICABLE RATE/ AMOUNT
OR PERCENTAGE
INTERIM PAYMENTS
Item I Actual Direct Technical Salaries, regular time plus straight time portion of
overtime compensation of all employees assigned to this PROJECT on a full-time
basis for all or part of the term of this Contract, plus properly allocable partial
salaries of all persons working part-time on this PROJECT.
The cost of Principals', Officers’ and Professional Staffs’ salaries (productive
time) included in Direct Technical Salaries is eligible for reimbursement if their
comparable time is also charged directly to all other projects in the same manner.
Otherwise, Principals' salaries are only eligible as an overhead cost, subject to
the current limitations, generally established therefore by the Sponsor.
If, within the term of this Contract, any direct salary rates are paid in excess
of the maximums shown in Attachment A, the excess amount shall be borne by
the CONSULTANT WITHOUT REIMBURSEMENT either as a direct cost or as
part of the overhead allowance
Actual cost incurred in the
performance of this contract as
identified in Attachment C or
otherwise approved in writing by
the Sponsor or its
representative.
Not to exceed the maximum
allowable hourly rates of pay
described in Attachment C of
this Contract, all subject to audit.
Actual overtime premium
portion of Direct Technical
Salaries, all subject to audit and
prior approval by the Sponsor.
The CONSULTANT
shall be paid in monthly
progress payments based
on the maximum salary
rates and allowable costs
incurred during the period
as established in
Attachment C.
Bills are subject to
approval of the Sponsor
and Sponsor's
Representative.
Item II Actual Direct Non-Salary Project-related Costs incurred in fulfilling the terms of
this Contract; all subject to audit.
All reimbursement for travel,
meals and lodging shall be made
at actual cost paid but such
reimbursement shall not exceed
the per diem rates established
by the NY State Comptroller. All
reimbursement shall not exceed
the prevailing wage rates
established by the NYS
Department of Labor.
Item III Items required to be purchased for this Project not otherwise encompassed in
Direct Non-salary Project-related Costs, which become the property of the
Sponsor at the completion of the work or at the option of the Sponsor.
Salvage value
Town of Ithaca Agreement - East Shore 2-25 (ID 3285202).docx
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3.1 Cost Plus Fixed Fee Method
ITEM DESCRIPTION OF ITEMS WITHIN METHOD APPLICABLE RATE/ AMOUNT
OR PERCENTAGE
INTERIM PAYMENTS
Item IV Overhead Allowance based on actual allowable expenses incurred during the
term of this Contract, subject to audit. Submitted overhead amounts will be
audited based upon the Federal Acquisition Regulations (FAR), sub-part 1-
31.2 as modified by sub-part 1-31.105, and applicable policies and guidelines
of the Sponsor, NYSDOT and FHWA.
For the purpose of this Contract, an accounting period shall be the
CONSULTANT's fiscal year. An audit of the accounting records of the
CONSULTANT shall be made by the Sponsor for each accounting period. For
monthly billing purposes, the latest available overhead percentage
established by such audit shall be applied to the charges made, under Item
IA of this subdivision to determine the charge to be made under this Item.
The overhead allowance shall
be established as a
percentage of Item IA only
(Actual Direct Technical
Salaries) of this ARTICLE, and
shall be a FAR compliant rate
initially established as 170%,
in all events not to exceed
180%, subject to audit.
Item V Negotiated Lump Sum Fixed Fee.
Payment of the Fixed Fee for the described scope of services is not subject
to pre-audit and is not subject to review or modification based on cost
information or unless this Contract is formally amended or supplemented by
reason of a substantial change in the scope, complexity or character of the
work to be performed.
A negotiated Lump Sum Fee
which in this CONTRACT shall
equal $18,100.
Item VI The Maximum Amount Payable under this Contract including Fixed Fees unless
this contract is formally amended or supplemented by reason of a substantial
change in the scope, complexity or character of the work to be performed.
Maximum Amount Payable
under this Method shall be
$160,000.
Town of Ithaca Agreement - East Shore 2-25 (ID 3285202).docx
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ARTICLE 4. INSPECTION
The duly authorized representatives of the Sponsor, and on Federally aided projects, representatives of the
NEW YORK STATE DEPARTMENT OF TRANSPORTATION and the FEDERAL HIGHWAY
ADMINISTRATION, shall have the right at all times to inspect the work of the CONSULTANT.
ARTICLE 5. AUDITS
5.1 Payment to the Consultant is subject to the following audit rights of the Sponsor:
A. For Cost Plus Fixed Fee Method - All costs are subject to audit, i.e. labor, direct non-salary,
overhead, and fee.
B. For Specific Hourly Rate Method - Labor hours and direct non-salary costs are subject to audit.
If elements subject to audit are less than $300,000, an audit may be waived by the Sponsor.
c. For Lump Sum Cost Plus Reimbursables Method - Only direct non-salary costs are subject to
audit. If elements subject to audit are less than $300,000, an audit may be waived by the Sponsor.
5.2 In order to enable the Sponsor to process the final payment properly and expeditiously, the
CONSULTANT is advised that all of the following documents and submissions, as the same may be
appropriate to this contract, are considered to be necessary to enable the commencement of the audit.
II.Records of Direct Non-Salary Costs;
III.Copies of any subcontracts relating to said contract;
IV.Location where records may be examined; and
V.Name, address, telephone number of person to contact for production.
The application for final payment is not considered complete until receipt of these documents and
information.
ARTICLE 6. FINAL PAYMENT
6.1 The Sponsor will make final payment within sixty (60) calendar days after receipt of an invoice which
is properly prepared and submitted, and all appropriate documents and records are received.
6.2 The acceptance by the CONSULTANT of the final payment shall operate as and shall be a release to
the Sponsor from all claims and liability to the CONSULTANT, its representatives and assigns for any and
all things done, furnished for or relating to the services rendered by the CONSULTANT under or in
connection with this Contract or for any part thereof except as otherwise provided herein.
ARTICLE 7. EXTRA WORK
7.1 Consultant’s performance of this Contract within the compensation provided shall be continuously
reviewed by the CONSULTANT. The CONSULTANT shall notify the Sponsor of the results of those reviews
in writing by submittal of a Cost Control Report. Such Cost Control Report shall be submitted to the Sponsor
on a monthly basis or such alternative interval as the Sponsor directs in writing.
Town of Ithaca Agreement - East Shore 2-25 (ID 3285202).docx
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7.2 If the CONSULTANT is of the opinion that any work the CONSULTANT has been directed to perform
is beyond the scope of the PROJECT Contract and constitutes extra work, the CONSULTANT shall
promptly notify the Sponsor, in writing, of this fact prior to beginning any of the work. The Sponsor shall be
the sole judge as to whether or not such work is in fact beyond the scope of this Contract and constitutes
extra work. In the event that the Sponsor determines that such work does constitute extra work, the Sponsor
shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, an
amendment to the PROJECT CONTRACT, providing the compensation and describing the work
authorized, shall be prepared and issued by the Sponsor. In this event, a Supplemental Agreement
providing the compensation and describing the work authorized shall be issued by the Sponsor to the
CONSULTANT for execution after approvals have been obtained from necessary Sponsor officials, and, if
required from the Federal Highway Administration.
7.3 In the event of any claims being made or any actions being brought in connection with the PROJECT,
the CONSULTANT agrees to render to the Sponsor all assistance required by the Sponsor. Compensation
for work performed and costs incurred in connection with this requirement shall be made in a fair and
equitable manner. In all cases provided for in this Contract for the additional services above described, the
Sponsor's directions shall be exercised by the issuance of a separate Contract, if necessary.
ARTICLE 8. CONSULTING LIABILITY
The CONSULTANT shall be responsible for all damage to life and property due to negligent acts, errors or
omissions of the CONSULTANT, his subcontractors, agents or employees in the performance of his service
under this Contract.
Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the Sponsor
from claims, suits, actions, damages and costs of every name and description resulting from the negligent
performance of the services of the CONSULTANT under this Contract, and such indemnity shall not be
limited by reasons of enumeration of any insurance coverage herein provided. Negligent performance of
service, within the meaning of this Article, shall include, in addition to negligence founded upon tort,
negligence based upon the CONSULTANT's failure to meet professional standards and resulting in obvious
or patent errors in the progression of his work. Nothing in this Article or in this Contract shall create or give
to third parties any claim or right of action against the Sponsor beyond such as may legally exist irrespective
of this Article or this Contract.
The CONSULTANT shall procure and maintain for the duration of the work for such project(s), Professional
Liability Insurance in the amount of One Million Dollars ($1,000,000) per claim, issued to and covering
damage for liability imposed on the CONSULTANT by this Contract or law arising out of any negligent act,
error, or omission in the rendering of or failure to render professional services required by the Contract.
The CONSULTANT shall supply any certificates of insurance required by the Sponsor and adhere to any
additional requirements concerning insurance.See attached Town Requirements.
ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE
This contract shall be void and of no effect unless the CONSULTANT shall secure Workman’s
Compensation Insurance for the benefit of, and keep insured during the life of this contract, such employees
as are necessary to be insured in compliance with the provisions of the Workman’s Compensation Law of
the State of New York.
The CONSULTANT shall secure policies of general and automobile liability insurance, and maintain said
policies in force during the life of this contract. Said policies of insurance shall protect against liability arising
from errors and omissions, general liability and automobile liability in the performance of this contract in the
sum of at least $1,000,000.00 (One Million dollars) each.
Town of Ithaca Agreement - East Shore 2-25 (ID 3285202).docx
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The CONSULTANT shall furnish a certified copy of said policies to the Sponsor at the time of execution of
this contract.
ARTICLE 10. INTERCHANGE OF DATA
All technical data in regard to the PROJECT existing in the office of the Sponsor or existing in the offices
of the CONSULTANT shall be made available to the other party to this Contract without expense to such
other party.
ARTICLE 11. RECORDS RETENTION
The CONSULTANT shall establish and maintain complete and accurate books, records, documents,
accounts and other evidence directly pertinent to performance under this contract (collectively called the
“Records”). The Records must be kept for a minimum of six (6) years or three (3) years after final payment
is received, whichever is later. The Sponsor, State, Federal Highway Administration, or any authorized
representatives of the Federal Government, shall have access to the Records during normal business hours
at an office of THE CONSULTANT within the State of New York or, a mutually agreeable reasonable venue
within the State, for the term specified above for the purposes of inspection, auditing and copying.
ARTICLE 12. DAMAGES AND DELAYS
The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or
hindrances from any cause whatsoever during the progress of any portion of the services specified in this
Contract. Such delays or hindrances, if any, shall be compensated for by an extension of time for such
reasonable period as the Sponsor may decide, it being understood however, that the permitting of the
CONSULTANT to proceed to complete any services or any part of them after the date of completion or after
the date to which the time of completion may have been extended, shall in no way operate as a waiver on
the part of the Sponsor of any of its rights herein. Nothing in this ARTICLE will prevent the CONSULTANT
from exercising his rights under ARTICLE 7 of this contract.
ARTICLE 13. TERMINATION
The Sponsor shall have the absolute right to terminate this Contract, and such action shall in no event be
deemed a breach of contract:
A.for convenience of the Sponsor - if a termination is brought about for the convenience of
the Sponsor and not as a result of unsatisfactory performance on the part of the
CONSULTANT, final payment shall be made based on the basis of the CONSULTANT'S
compensable work delivered or completed prior to and under any continuing directions of
such termination.
B.for cause - if the termination is brought about as a result of the Sponsor’s determination of
unsatisfactory performance or breach of contract on the part of the CONSULTANT, the
value of the work performed by the CONSULTANT prior to termination shall be established
by the percent of the amount of such work satisfactorily delivered or completed by the
CONSULTANT to the point of termination and acceptable to the Sponsor, of the total
amount of work contemplated by the PROJECT CONTRACT.
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ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT
In case of the death or disability of one or more but not all the persons herein referred to as CONSULTANT,
the rights and duties of the CONSULTANT shall descend upon the survivor or survivors of them, who shall
be obligated to perform the services required under this Contract, and the Sponsor shall make all payments
due to him, her or them.
In case of the death or disability of all the persons herein referred to as CONSULTANT, all data and records
pertaining to the PROJECT shall be delivered within sixty (60) days to the Sponsor or his duly authorized
representative. In case of the failure of the CONSULTANT's successors or personal representatives to
make such delivery on demand, then in that event the representatives of the CONSULTANT shall be liable
to the Sponsor for any damages it may sustain by reason thereof. Upon the delivery of all such data to the
Sponsor, the Sponsor will pay to the representatives of the CONSULTANT all amounts due the
CONSULTANT, including retained percentages to the date of the death of the last survivor.
ARTICLE 15. CODE OF ETHICS
The CONSULTANT specifically agrees that this Contract may be canceled or terminated if any work under
this Contract is in conflict with the provisions of any applicable law establishing a Code of Ethics for Federal,
State or Municipal officers and employees.
ARTICLE 16. INDEPENDENT CONTRACTOR
The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees
that he will conduct himself consistent with such status, that he will neither hold himself out as, nor claim to
be, an officer or employee of the Sponsor by reason hereof, and that he will not, by reason hereof, make
any claim, demand or application to or for any right or privilege applicable to an officer or employee of the
Sponsor, including but not limited to Worker's Compensation coverage, Unemployment Insurance benefits,
Social Security coverage or Retirement membership or credit.
ARTICLE 17. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the CONSULTANT, to solicit or secure this Contract, and that he has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this Contract. For breach or violation of this warranty, the Sponsor shall have the right to annul
this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
ARTICLE 18. TRANSFER OF AGREEMENT
The CONSULTANT specifically agrees, that he is prohibited from assigning, transferring, conveying,
subletting or otherwise disposing of the Contract or of his right, title or interest therein, or his power to
execute such Contract, to any other person, company or corporation, without the previous consent in writing
of the Sponsor.
If this provision is violated, the Sponsor may revoke and annul the Contract and the Sponsor shall be
relieved from any and all liability and obligations there under to the person, company or corporation to whom
the CONSULTANT shall purport to assign, transfer, convey, sublet or otherwise dispose of the Contract
without such consent in writing of the Sponsor.
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ARTICLE 19. PROPRIETARY RIGHTS
The CONSULTANT agrees that if patentable discoveries or inventions should result from work described
herein, all rights accruing from such discoveries or inventions shall be the sole property of the
CONSULTANT. However, the CONSULTANT agrees to and does hereby grant to the United States
Government and the State of New York and the Sponsor a nonexclusive, nontransferable, paid-up license
to make, use, and sell each subject invention throughout the world by and on behalf of the Government of
the United States and states and domestic municipal governments, all in accordance with the provisions of
48 CFR 1-27.
ARTICLE 20. SUBCONTRACTORS/ SUBCONSULTANTS
All SUBCONTRACTORS and SUBCONSULTANTS performing work on this project shall be bound by the
same required contract provisions as the CONSULTANT. All agreements between the CONSULTANT and
a subcontractor or other SUBCONSULTANT shall include all standard required contract provisions, and
such agreements shall be subject to review by the Sponsor.
ARTICLE 20.1 PROMPT PAYMENT. While federal regulation (49 CFR 26.291)requires payment
to subcontractors within 30 days, New York State law is more stringent. NYS General Municipal
Law §106-b and NYS Finance Law Article 9, §139-f require prime contractors and prime
consultants to pay their vendors within seven (7) calendar days of receipt of payment from the
public owner/sponsor, and provides for interest on late payments for all public works contracts.
Contract provisions incorporating any other payment schedule will not be allowed. A
subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have
been accomplished and documented. When the Sponsor has made an incremental acceptance of
a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to
be satisfactorily completed.
ARTICLE 21. CERTIFICATION REQUIRED BY 49 CFR, PART 29
The signator to this Contract, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, its company
and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder
(five percent or more ownership)
A.is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;
B.has not been suspended, debarred, voluntarily excluded or determined ineligible by any
federal agency within the past three years;
C.does not have a proposed debarment pending; and
D.has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
three years.
1 http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&sid=936406b1c92895795069232a53fb110f&rgn=div8&view=text&node=49:1.0.1.1.20.2.18.5&
idno=49
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ARTICLE 22. CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing this Contract to the best of his or her knowledge and belief,
that:
A.No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
B.If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit the standard "Disclosure Form to
Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be, included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
ARTICLE 23. RESPONSIBILITY OF THE CONSULTANT
A.The CONSULTANT shall be responsible for the professional quality, technical accuracy,
and the coordination of all designs, drawings, specifications and other services furnished
by the CONSULTANT under this contract. The CONSULTANT shall, without additional
compensation, correct or revise any errors or deficiencies in its designs, drawings,
specifications, and other services. However, the Sponsor may in certain circumstances,
provide compensation for such work.
B.Neither the Sponsor’s review, approval or acceptance of, nor payment for, the services
required under this contract shall be construed to operate as a waiver of any rights under
this contract or of any cause of action arising out of the performance of this contract, and
the CONSULTANT shall be and remain liable to the Sponsor in accordance with applicable
law for all damages to the Sponsor caused by the CONSULTANT'S negligent performance
or breach of contract of any of the services furnished under this contract.
C.The rights and remedies of the Sponsor provided for under this contract are in addition to
any other rights and remedies provided by law.
D.If the CONSULTANT is comprised of more than one legal entity, each such entity shall be
jointly and severally liable hereunder.
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ARTICLE 24. NON-DISCRIMINATION REQUIREMENTS
The CONSULTANT agrees to comply with all applicable Federal, State and Sponsor Civil Rights and
Human Rights laws with reference to equal employment opportunities and the provision of services. In
accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State
and Federal Statutory and constitutional non-discrimination provisions, the CONSULTANT will not
discriminate against any employee or applicant for employment because of race, creed, color, sex, national
origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if
this is a contract for the construction, alteration or repair of any public building or public work for the
manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract
shall be performed within the State of New York, CONSULTANT agrees that neither it nor its
SUBCONSULTANTS shall, by reason of race, creed, color, disability, sex or national origin; (a) discriminate
in hiring against any New York State citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the performance of work under this Contract.
CONSULTANT is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section
239 as well as possible termination of this Contract and forfeiture of all moneys due hereunder for a second
or subsequent violation.
ARTICLE 25. CERTIFICATION REQUIRED BY 40 CFR 111506.5(c)
If the work of the PROJECT includes the preparation of an Environmental Impact Statement (EIS), the
signator to this Contract, being duly sworn, certifies that its company and any person associated therewith
in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership)
does not have any financial or other interest in the outcome of the project including:
a. an existing contract for the PROJECTs ROW incidental work or construction engineering; or
b. ownership of land, options to buy land, or some business enterprise which would be financially
enhanced or diminished by any of the PROJECT alternatives.
This does not preclude the CONSULTANT from being awarded a future contract covering the work describe
in this Article or being awarded Phases V & VI Final Design after the EIS has been approved.
ARTICLE 26. BIDDING OF DIRECT NON-SALARY ITEMS (unless more restrictive municipal laws apply)
For all contracts other than personal services in excess of $5,000, the CONSULTANT shall solicit a number
of quotes from qualified subcontractors so that at least three (3) quotes will be received. For all contracts
other than personal services in excess of $20,000 except printing contracts in excess of $10,000, the
CONSULTANT shall solicit a number of sealed bids from qualified subcontractors so that at least three (3)
bids will be received. The CONSULTANT shall then enter into a subcontract with the lowest bidder or entity
submitting the lowest quotation who is fully responsive to the invitation to submit a quote/bid.
ARTICLE 27. WAGE AND HOURS PROVISIONS
If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered
by Article 9 thereof, neither CONSULTANT's employees nor the employees of its subcontractors may be
required or permitted to work more than the number of hours or days stated in said statutes, except as
otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued
by the State Labor Department. Furthermore, CONSULTANT and its subconsultants must pay at least the
prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for
overtime pay, as determined by the State Labor Department in accordance with the Labor Law.
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ARTICLE 28. INTERNATIONAL BOYCOTT PROHIBITION
In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this
contract exceeds $5,000, the CONSULTANT agrees, as a material condition of the contract, that neither
the CONSULTANT nor any substantially owned or affiliated person, firm, partnership or corporation has
participated, is participating, or shall participate in an international boycott in violation of the federal Export
Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such
CONSULTANT, or any of the aforesaid affiliates of CONSULTANT, is convicted or is otherwise found to
have violated said laws or regulations upon the final determination of the United States Commerce
Department or any other appropriate agency of the United States subsequent to the contract's execution,
such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall
so notify the Sponsor and the New York State Comptroller within five (5) business days of such conviction,
determination or disposition of appeal (see 2 NYCRR 105.4).
ARTICLE 29. SERVICE OF PROCESS
In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"),
CONSULTANT hereby consents to service of process upon it by registered or certified mail, return receipt
requested. Service hereunder shall be complete upon CONSULTANT's actual receipt of process or upon
the Sponsor’s receipt of the return thereof by the United State Postal Service as refused or undeliverable.
CONSULTANT must promptly notify the Sponsor, in writing, of each and every change of address to which
service of process can be made. Service by the Sponsor to the last known address shall be sufficient.
CONSULTANT will have thirty (30) calendar days after service hereunder is complete in which to respond.
ARTICLE 30.DISPOSITION OF PLANS, ESTIMATES AND OTHER DATA.At the time of completion of
the work, the CONSULTANT shall make available to the Sponsor all survey notes, computations, maps,
tracings, original aerial film and photo indices if any, and all other documents and data pertaining to the
work or to the project which material at all times shall be the property of the Sponsor. Or in the event that
this Agreement is terminated for any reason, then, within ten (10) days after such termination, the
CONSULTANT shall make available to the Sponsor all the aforementioned engineering data and material.
All original tracings of maps and other engineering data furnished to the Sponsor by the CONSULTANT
shall bear thereon the endorsement of the CONSULTANT. All plans, estimates and other data prepared in
accordance with this Agreement shall be considered confidential and shall be released only to the Sponsor.
ARTICLE 31.MUNICIPAL ADVISOR SERVICES ARE EXCLUDED.The services to be provided by
CONSULTANT under this Contract do not include advice or recommendations with respect to the issuance,
structure, timing, terms or any other aspect of municipal securities, municipal derivatives, guaranteed
investment contracts or investment strategies. Any opinions, advice, information or recommendations
provided by CONSULTANT are understood by the parties to this Contract to be strictly engineering
opinions, advice, information or recommendations. CONSULTANT is not a “municipal advisor” as defined
by 15 U.S.C. 78o-4 or the related rules of the Securities and Exchange Commission. The other parties to
this Contract should determine independently whether they require the services of a municipal advisor.
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Attachment A
Architectural/ Engineering Consultant Contract
Project Description and Funding
MAXIMUM AMOUNT OF FUNDS FOR ALL COMPENSATION PAYABLE UNDER THIS
AGREEMENT FOR THE SCOPE OF WORK DESCRIBED IN ATTACHMENT B FOR THE PROJECT
DESCRIBED IN THIS ATTACHMENT A, OTHERWISE IN ACCORDANCE WITH THE CHOSEN
METHOD OF COMPENSATION AND OTHER TERMS OF THIS AGREEMENT:
$160,000
Footnotes:
PIN: 3950.91 Term of Agreement Ends: December 31, 2026
Main Agreement Amendment to Contract [add identifying #]
Supplement to Contract [add identifying #]
Phase of Project Consultant to work on:
P.E./Design ROW Incidentals ROW Acquisition
Construction, C/I, & C/S
Dates or term of Consultant Performance:
Start Date: February 20, 2025
Finish Date: December 31, 2026
PROJECT DESCRIPTION:
East Shore Drive Bicycle and Pedestrian Safety Corridor (PIN 395091)
Project Location:
Town of Ithaca
Tompkins County
Consultant Work Type(s): See Attachment B for more detailed Scope of Services.
TOWN OF ITHACA INSURANCE REQUIREMENTS
1.Insurance Requirements.
A.Notwithstanding any terms,conditions or provisions in any other writing between the parties,
Engineer hereby agrees to effectuate the naming of the Town as an additional insured on
Engineer’s insurance policies,with the exception of workers’compensation and professional
liability.
B.The policies naming the Town as an additional insured shall:
•Be an insurance policy from an AM.Best rated “secured”or better,New York State
admitted insurer.
•State that the Engineer’s coverage shall be primary coverage for the Town,its Boards,
officers,employees,agents and volunteers.
•The Town shall be listed as an additional insured by using endorsement CG 2010 or
broader.The certificate must state that this endorsement is being used.Ifanother
endorsement is used,a copy shall be included with the certificate of insurance.
•Be written on an occurrence basis.
C.The Engineer agrees to indemnify the Town for any applicable deductibles.
D.Required Insurance:
•Commercial General Liability Insurance
$1,000,000 per occurrencel$2,000,000 general and products!completed operations
aggregates.The general aggregate shall apply on a per-project basis.
•Automobile Liability
$1 000,000 combined single limit for owned,hired and borrowed and non-owned motor
vehicles.
•Workers’Compensation and N.Y.S.Disability
Statutory Workers’Compensation,Employers’Liability and N.Y.S.Disability Benefits
Insurance for all employees.
•Excess Liability
$2,000,000 per occurrencel$2,000,000 aggregate,with the Town named as the additional
insured.
•Professional Errors and Omissions Insurance
$1,000,000 per occurrencef$2,000,000 aggregate for the professional acts of the Engineer
performed under this Agreement.
2.Workers ComDensation and Disability Insurance.
Upon execution of this Agreement,the Engineer shall present to the Town proof either that the
Engineer provides the levels of workers’compensation and disability coverage required by the
State of New York or that the Engineer is not required to provide such coverage.
ATTACHMENT B
SCOPE OF SERVICES
East Shore Drive Bicycle and Pedestrian Safety Corridor
PIN 3950.91
Town of Ithaca
February 2025
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
2
Section 1 General
Section 2 Data Collection and Analysis
Section 3 Preliminary Design
Section 4 Environmental
Section 5 Right-of-Way
Section 6 Detailed Design
Section 7 Advertisement, Bid Opening and Award
Section 8 Construction Support (Not applicable)
Section 9 Construction Inspection (Not applicable)
Section 10 Estimating and Technical Assumptions
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Scope of Services
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Section 1 - General
1.01 Project Description and Location
Project Name: East Shore Drive Bicycle and Pedestrian Safety Corridor
PIN: 3950.91
Project Description: The project involves the development of preliminary/detailed design in
service of constructing a multi-use trail within the existing right-of-way along the west side of
East Shore Drive (NYS Route 34) using the existing shoulder, green space, and sidewalk. The
project involves developing a multi-use trail alignment, including connections with adjacent
highway infrastructure, other necessary pedestrian/bicycle improvements such as upgrades to
existing traffic controls and associated crosswalks, lighting, or potential locations for new
crosswalks. Multi-use trail improvements shall be developed based on an investigation of
pedestrian movements, right-of-way ownership, drainage considerations, other construction
constraints, and costs.
The project will result in a set of contract documents (plans, specifications, and estimates) for
the Town of Ithaca to publically let the project.
Project Limits: East Shore Drive between the limits of North Cayuga Street and James L. Gibbs
Drive, a distance of approximately 0.2 miles.
Sponsor: Town of Ithaca, Ithaca NY
County: Tompkins County
The anticipated start date of project: March 2025
Information / data gathering: Winter/Spring 2025
Date of initial site familiarity and assessing available data: Spring 2025
Stakeholder/Public meetings: Summer/Fall 2025
Final Design: Fall/Winter 2025
Project Letting: February/March 2026
Project Construction Commencement: Spring 2026
The project contract document completion date: December 2026
The anticipated project costs: $160,000
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
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1.02 Project Manager
The Sponsor’s Project Manager for this project is David O’Shea, who can be reached at (607)
273-1656 Ext 257, or doshea@townithacany.gov.
All correspondence to the Sponsor should be addressed to:
David O’Shea, P.E.
Town of Ithaca
114 Seven Mile Drive
Ithaca, NY 14850
The Project Manager should receive copies of all project correspondence directed other than to
the Sponsor.
1.03 Project Classification
This project is assumed to be a Class (II) action under USDOT Regulations, 23 CFR 771.
Classification under the New York State Environmental Quality Review Act (SEQRA) Part 617,
Title 6 of the Official Compilation of Codes, Rules, and Regulations of New York State (6 NYCRR
Part 617) is a Type II action pursuant to Town Board Resolution 2024-120.
1.04 Categorization of Work
Project work is generally divided into the following sections:
Section 1 General
Section 2 Data Collection & Analysis
Section 3 Preliminary Study
Section 4 Environmental
Section 5 Right-of-Way
Section 6 Detailed Design
Section 7 Advertisement, Bid Opening and Award
Section 10 Estimating & Technical Assumptions
When specifically authorized in writing to begin work the Consultant will render all services and
furnish all materials and equipment necessary to provide the Sponsor with reports, plans,
estimates, and other data specifically described in Sections 1, 2, 3, 4, 5, 6, 7, and 10.
1.05 Project Familiarization
The Sponsor will provide the Consultant with the following information:
Approved project initiation document (Initial Project Proposal or similar documentation)
indicating project type, project location, cost estimate, schedule, and fund source(s).
Transportation needs.
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Scope of Services
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Plans for future related transportation improvements or developments in the area of the
project.
Available project studies and reports.
Other relevant documents pertaining to the project.
The Consultant will become familiar with the project before starting any work. This includes a
thorough review of all supplied project information and site visit to become familiar with field
conditions.
1.06 Meetings
The Consultant will prepare for and attend all meetings as directed by the Sponsor’s Project
Manager. Meetings may be held to:
Present, discuss, and receive direction on the progress and scheduling of work in this
contract.
Present, discuss, and receive direction on project specifics.
Discuss and resolve comments resulting from review of project documents, advisory agency
review, and coordination with other agencies.
Preview visual aids for public meetings.
The Consultant will be responsible for the preparation of all meeting minutes; the minutes will
be submitted to meeting attendees within one (1) week of the meeting date.
1.07 Cost and Progress Reporting
For the duration of this contract, the Consultant will prepare and submit to the Sponsor on a
monthly basis a Progress Report in a format approved by the Sponsor. The Progress Report must
contain the Cost Control Report. The beginning and ending dates defining the reporting period
must correspond to the beginning and ending dates for billing periods, so that this reporting
process can also serve to explain billing charges. (In cases where all work under this contract is
officially suspended by the Sponsor, this task will not be performed during the suspension
period.)
1.08 Policy and Procedures
The study will be progressed in accordance with the current version of the NYSDOT Local
Projects Manual (LPM)including the latest updates.
If there are conflicts between local policies and procedures and those listed in the LPM,
those listed in the LPM take precedence.
1.09 Standards & Specifications
The project will be planned so that future construction will meet the current edition of the
NYSDOT Standard Specifications for Construction and Materials, including all applicable
revisions.
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Scope of Services
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1.10 Subconsultants – not applicable
1.11 Subcontractors – not applicable
Section 2 – Data Collection and Analysis
2.01 Design Survey
A.Ground Survey – not applicable
B.Photogrammetric Survey – survey work not applicable
The Consultant will not create new data, but will:
Utilize previously developed planimetric survey provided by the Sponsor.
Obtain aerial photography for the project using existing/available data.
Scale to be determined for overall site maps and for key focus area maps.
Perform a field visit/observations necessary to verify/obtain data required for
project which is not obtainable from planimetric survey or aerial photography and
add the data to the map files.
C.Stream Survey
No stream survey will be required. The Consultant will identify/verify the locations of
streams using existing resources (aerial photography, GIS data, etc.) and/or available
field surveys.
D.Survey of Wetland Boundaries
No field delineation of wetlands will be required. The Consultant will identify/verify the
locations of potential wetlands using the best available data sources (online wetland
mapping, etc.)
E.Supplemental Survey
No supplemental survey is required.
2.02 Design Mapping
The Consultant will recommend a scale for the mapping, and will send an example to the
Sponsor for confirmation. Mapping to be developed for 1” = 40’ scale on 11’ x 17” size
drawings.
The Consultant will not be required to provide supplemental mapping.
2.03 Determination of Existing Conditions
The Consultant will determine, obtain or provide all information needed to accurately describe
in pertinent project documents the existing conditions within and adjacent to the project limits.
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2.04 Accident Data and Analysis
The Sponsor will request accident records for the last three years for roads within the project
limits plus one-tenth of a mile immediately outside of the project limits from NYSDOT Other
accident data may be available to the Consultant through the ITCTC.
The Consultant will prepare collision diagrams and associated summary sheets, and note any
clusters of accidents or patterns implying inadequate geometrics, or other safety problems,
within the project limits.
2.05 Traffic Counts
The Consultant will obtain most recent available traffic count data from State and local
municipalities and then determine, in consultation with the Sponsor and Advisory Agency, if
additional traffic counts are necessary. Data to include traffic count data for existing conditions,
growth factors for forecasting, and forecast data, in accordance with the requirements noted in
the NYSDOT Traffic Monitoring Standards for Contractual Agreements Manual.
2.06 Capacity Analysis – not applicable
2.07 Future Plans for Roadway and Coordination with Other Projects
The Sponsor will provide a brief written statement specifying whether or not plans exist to
reconstruct or widen the highway segments immediately adjacent to the project within the next
twenty years.
The Sponsor will determine the influence, if any, of other existing or proposed projects or
proposed developments in the vicinity of this project (e.g., whether a nearby highway widening
would influence this project's design traffic volumes).
The Sponsor will provide all necessary information pertaining to the other projects or
developments.
2.08 Soil Investigations – not applicable
2.09 Hydraulic Analysis – not applicable
2.10 Bridges to be Rehabilitated – not applicable
2.11 Pavement Evaluation – not applicable
2.12 Meetings
The Consultant will hold meetings to gather input, information, and ideas from the public,
impacted property owners, general users of the corridor and government agencies. Meetings for
this purpose will include:
A. Project committee meetings
B. Community/neighborhood information gathering meetings
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Scope of Services
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Section 3 – Preliminary Design
3.01 Design Criteria
The Consultant will comply with all Federal and State standards for the design of pedestrian and
bicycle facilities within the identified corridor limits and will establish project-specific criteria in
accordance with the NYSDOT Project Development Manual.
The Sponsor will approve the selected criteria and will obtain NYSDOT concurrence (either by a
written submission or at a meeting).
Based on the selected criteria, the Consultant will identify all existing non-standard features
that are within and immediately adjacent to the project limits. Non-standard features that
correlate with a high accident rate will be noted.
3.02 Development of Alternatives
A.Selection of Design Alternative(s)
The Consultant will identify and make rudimentary evaluations of potential plan
alternative concepts that would meet the Sponsor’s defined project objectives. These
evaluations are not to be carried beyond the point of establishing the feasibility of each
concept as a design alternative; only those significant environmental and geometric
design constraints that bear on the feasibility should be identified.
For each concept, the Consultant will prepare rudimentary sketches of plan and typical
section views which show:
On plan: pavement edges; structures and driveways; established drainage facilities
(ditches/waterways) and existing ROW limits. ROW limits shall be obtained from
available NYSDOT Record Plans and Tax Map information. No detailed ROW survey
or research is required.
On typical section: lane, median, and shoulder widths; ditches; gutters; curbs; and
side slopes.
Where necessary: important existing features (topographic constraints,
drainage/waterways, intersection layouts and utility poles).
Where pertaining to feasibility: significant environmental and geometric design
constraints, labeled as such.
These sketches will include appropriate information required to assess the identified
alternatives, and allow for determination of a preferred alternative. The level of
easement acquisition necessary for the project will be determined.
The Consultant will meet with the Sponsor to discuss/present the concepts, using the
sketches as discussion aids to describe the relative order-of-magnitude costs,
advantages, disadvantages, and problem areas of each. From these concepts the
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
9
Sponsor will identify a preferred option, or in some cases more, options(s) for future
implementation.
B.Detailed Evaluations of Alternatives
The Consultant will further evaluate each design alternative and the null alternative
with specific engineering analyses and considerations. Analyses will be conceptual and
limited to determining the relative suitability of each design alternative, and will
include:
Design geometry, including the identification and comparison of alignment
constraints and (where applicable) justification for retaining nonstandard design
features, per the NYSDOT Highway Design Manual.
Environmental constraints and potential environmental impact mitigation measures
(identified under Section 4 tasks).
Traffic flow and safety considerations, including signs and signals.
Structures, including bridges, retaining walls, major culverts, and waterways.
Drainage.
Maintenance responsibility.
Maintenance and protection of traffic during construction.
Utilities.
Right-of-way acquisition requirements and impacts due to topographic constraints.
Conceptual Landscaping (performed by a Registered Landscape Architect) – limited
to tree and shrub replacements, reestablishing disturbed lawns, adding shade.
Accessibility for pedestrians, bicyclists and the disabled.
Lighting (pedestrian/intersection) – identify areas where additional lighting would
improve safety.
Construction cost factors.
The Consultant will prepare the following drawings for each design alternative analyzed
(scale to be determined):
Plans showing (as a minimum) stations; major drainage features; construction limits;
approximate cut and fill limits intersection sight line distances; and general limits of
ROW acquisition needed to construct the project.
Typical sections showing (as a minimum) sidewalk/trail, lane, median, and shoulder
widths; ditches; gutters; curbs; and side slopes.
3.03 Cost Estimates
The Consultant will develop, provide and maintain a cost estimate for each design alternative.
The Consultant will update the estimate periodically and as necessary to incorporate significant
design changes.
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
10
3.04 Preparation of Draft Design Approval Document
For this project, the Design Approval Document (DAD) will be a Project Scoping Report / Final
Design Report (PSR/FDR)
The Consultant will prepare a draft DAD, which will include the results of analyses and/or
studies performed in other Sections of this document. The DAD will be formatted as noted
above.
The Consultant will submit a digital version of the DAD to the Sponsor for review. The Sponsor
will review the Draft DAD and provide the Consultant with review comments. The Consultant
will revise the Draft DAD to incorporate the comments.
3.05 Advisory Agency Review
The Consultant will provide the Sponsor an electronic PDF copy, and up to 3 hard copies if
required, of the Draft DAD for distribution to advisory agencies.
The Sponsor will distribute the Draft DAD to NYSDOT and the advisory agencies.
The Consultant will assist the Sponsor in evaluation and preparing individual responses to the
review comments received.
3.06 Public Information Meeting(s)
A.Public Information Meeting(s)
The Consultant will assist the Sponsor with 1 public information meeting with advisory
agencies, local officials, and citizens, at which the Consultant will provide visual aids and
present a technical discussion of the alternatives.
The Sponsor will arrange for the location of public information meeting(s). The
Consultant will assist the Sponsor with appropriate notification.
B.Public Hearing(s) – not applicable
3.07 Preparation of Final Design Approval Document (DAD)
The Sponsor will obtain any necessary approvals and concurrences.
The Consultant will modify the Draft DAD, with recommended alternative, re-title the Draft DAD
in accordance with the NYSDOT PDM Manual, and update existing conditions and costs as
necessary. The Consultant will incorporate changes resulting from the advisory agency review
and all public information meeting input.
The Consultant will submit one digital version to the Sponsor for review. The Sponsor will
review the Final DAD and provide the Consultant with review comments. The Consultant will
revise the Final document to incorporate the comments.
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
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The Sponsor will submit a copy of the Final DAD to NYSDOT for a Final Environmental
Determination. NYSDOT will make the determination or obtain FHWA’s determination. If
necessary, NYSDOT will transmit the Final DAD to FHWA for final review and concurrence. The
Consultant will again revise the Final DAD to incorporate changes (assumed minor) resulting
from the NYSDOT and/or FHWA review.
The Sponsor will grant or obtain, from or through NYSDOT, Project Approval.
Section 4 – Environmental
4.01 NEPA Classification - the Consultant will develop the Federal Environmental Approvals
Worksheet and include it in the Draft Design Approval Document.
4.02 SEQRA Classification – the Sponsor has previously determined the project to be a Type II action.
The Consultant will summarize/provide the appropriate documentation in the Draft Design
Approval Document.
4.03 Smart Growth – The Consultant will prepare the Smart Growth Screening Tool and include
documentation in the Draft Design Approval Document. It is assumed providing pedestrian and
bicycle facilities would be a positive step toward implementing Smart Growth principals.
4.04 Screenings and Preliminary Investigations
The Consultant will screen and perform preliminary investigations using existing available data
applicable to the study area to determine potential impacts resulting from the design
alternative(s). No detailed impact analyses or studies are anticipated. Collected data and
results will be summarized in the DAD for:
General Ecology and Endangered Species
Surface Water
Ground Water
State Wetlands
Federal Jurisdictional Wetlands
Floodplains
Historic Resources
Parks
Hazardous Waste
Asbestos
Noise
Visual Impacts
Environmental Justice
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
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4.05 Detailed Studies and Analyses
Based on the work performed under Section 4.04, the Consultant will determine whether
detailed analysis or study is required. Prior to commencing such detailed study or analysis, the
Sponsor must concur with the Consultant’s determination.
It is assumed no detailed studies or analysis will be required. If such detailed analysis is deemed
necessary, it shall be authorized under a supplemental agreement.
Detailed study or analysis work, if authorized under supplemental agreement, will be performed
and documented as detailed in the NYSDOT PDM and TEM. Results of the detailed study or
analysis will be summarized in the appropriate section of the DAD.
4.06 Permits and Approvals – not applicable
4.07 Public Hearing - not applicable
4.08 Public Meeting
The Consultant will provide a presentation to the Ithaca Town Board and Public Works
Committee.
Section 5 – Right-of-Way
5.01 Abstract Request Map and/or Title Search – not applicable
5.02 Right-of-Way Survey
The Consultant will obtain existing survey and other information needed to accurately
determine existing right-of-way limits ad established side property lines.
5.03 – 5.11 not applicable
Section 6 – Detailed Design
6.01 Preliminary Bridge Plans – not applicable
6.02 Advance Detail Plans (ADP)
The Consultant will advance the design and progress the detailed plans. At this stage, all plans,
specifications, estimates and other associated materials will be developed and advanced to 90%
completion. The Consultant will perform all necessary design computations. Advance Detail
Plans may include, but are not limited to, the following contract sheet drawings:
Title Sheet
Index and legend
General Notes
Estimate of quantities
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
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Typical sections
Work Zone Traffic Control Plan (including construction sign text data and temporary
traffic signal plans and details)
Maintenance jurisdiction table
Survey baseline ties
Miscellaneous tables & details
General Plans (1inch = 40 feet scale)
General Profiles (1 inch = 40 feet horizontal & 1 inch = 10 feet vertical scales)
Signs & Sign Structures
Traffic signal plans
Pavement marking plans
Utility plans
Advanced Detail Plans will be in accordance with the NYSDOT LPM. The Consultant will prepare
and submit five (5) copies of the ADP's to the Sponsor for review. The Consultant will modify
the design to reflect the review of the ADP package.
All plans & cross-sections developed by this project will be prepared at 1/2 size (11"x17"), per
NYSDOT requirements. Actual scales will be represented at this size.
6.03 Final Plans
The Consultant will modify the design to reflect the review of the ADP package, and then submit
five (5) copies to the Sponsor and NYSDOT for their review and approval. The Consultant will
reflect last minute review comments on the plans.
6.04 Contract Documents
The Consultant will prepare a complete package of bid-ready contract documents. The package
will include:
Instructions to bidders.
Bid documents.
Contract language, including applicable federal provisions and prevailing wage rates.
Plans & Specifications.
Special Notes and a list of supplemental information available to bidders (i.e.,
subsurface exploration logs, record as-built plans, etc.).
Other pertinent information.
The Consultant will submit the contract documents to the Sponsor for approval. Upon
approval, the Sponsor will submit three (3) copies of the contract documents to the NYSDOT for
information purposes.
6.05 Cost Estimate
The Consultant will develop, provide, and maintain the construction cost estimate for the
project.
The Consultant will update the estimate periodically and as necessary to incorporate significant
design changes, and will develop and provide the final Engineer's Estimate, including all quantity
computations.
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
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6.06 Utilities
A.Utilities Inventory Report –Immediately after receipt of Design Approval, the
Consultant shall prepare and submit to the Sponsor and NYSDOT, a preliminary Utilities
Inventory Report, indicating ownership and impacts to existing utilities by the proposed
work. This report shall be prepared in accordance with Chapter 10 of the LAFAP Manual
(see Appendix 10-5 for the form and instructions).
B.Initial Contact Letter –The Consultant shall subsequently prepare and send a letter to
each utility impacted by the project, and include copies of the preliminary Utilities
Inventory Report, plans, profiles, typical sections, and cross-sections for the project.
The letter should clearly request that the utility provide a color-coded set of plans
showing the existing facilities, as well as the proposed relocation, schedules, and
estimate of costs for the reimbursable work.
C.Coordination with Utility Schedule –After receipt of the information requested in Task
6.05.B, the Consultant shall prepare and submit a Coordination with Utility Schedule in
accordance with Chapter 10 (see Appendix 10-6 for a sample and instructions). This
schedule shall be included in the Utility Work Agreements, as well as the contract
documents.
D.Utility Work Agreements –The Consultant shall prepare a Utility Work Agreement for
each utility impacted by the project. The agreement shall be prepared in accordance
with Chapter 10 of the LAFAP Manual (see Appendix 10-7 thru 9 for samples and
instructions), and submitted to NYSDOT for approval and signature, if required. The
agreements must be signed by all parties prior to advertising of the contract.
E.Notice to Utilities –The Consultant shall give notice to each utility as to the schedule of
letting and award of the project, including the tasks and schedules contained in the
“Coordination with Utility Schedule”.
F.During the ADP stage, the Consultant shall:
Identify all potential utility conflicts based on proposed road design versus record
plans provided by the utility companies and utility locations collected by design
survey. The Consultant shall provide the list of potential conflicts to the Sponsor.
Provide the Sponsor with updated list of utility conflicts based on coordination with
utility companies.
Based on results, discuss design alternatives with Sponsor to avoid utility conflicts.
6.07 Railroads – not applicable
6.08 Bridge Inventory and Load Rating Forms – not applicable
6.09 Information Transmittal
Upon completion of the contract documents, the Consultant will transmit to the Sponsor all
project information, including electronic files. The electronic information will be in the format
requested by the Sponsor.
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
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Section 7 – Advertisement, Bid Opening and Award
7.01 Advertisement
The Consultant will prepare the advertisement for bids to be placed in the NYS Contract
Reporter and any other newspaper or publication identified by the Sponsor. The Consultant will
submit the ad(s) to the Sponsor for review and will revise the ad(s) to reflect comments
generated by that review. Upon approval, the Sponsor will place the advertisements (including
the Contract Reporter submission).
Advertisements must not be placed until authorization is granted to the Sponsor by NYSDOT.
7.02 Services Prior to Construction
The Consultant will answer calls and respond to questions (concerning the contract plans and
bid documents) from prospective bidders.
7.03 Bid Opening (Letting)
The Sponsor will hold the public bid opening.
7.04 Award
The Consultant will analyze the bid results. The analysis will include:
Verifying the low bidder.
Ensuring receipt of all required bid documents (non-collusive bid certification,
debarment history certification, etc.).
Determining whether the low bid is unbalanced.
for pay items bid more than 25% over/under the Engineer’s Estimate:
o Checking accuracy of quantity calculations.
o Determining appropriateness of price bid for work in the item.
Determining whether the low bidder is qualified to perform the work.
The Consultant will assist the Sponsor in preparing and compiling the package of information to
be transmitted to NYSDOT.
The Sponsor will award the contract and will transmit the following information to the NYSDOT:
Transmittal letter, indicating Sponsor approval to award to the lowest responsible
bidder (or to reject all bids).
Certification from the Sponsor that bid is acceptable and that low bidder is qualified and
able to perform the work.
certification from the Consultant (signed and sealed by a licensed Professional Engineer,
Registered Architect or Registered Landscape Architect) stating that permits,
resolutions, utility agreements, and title for right-of-way necessary to complete the
project have been obtained.
Engineer’s Estimate and verified low bid.
Section 8 – Construction Support – not applicable.
Section 9 – Construction Inspection – not applicable.
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
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Section 10 – Estimating and Technical Assumptions
10.01 Estimating Assumptions
The following assumptions have been made for estimating purposes:
Section 1 Estimate 8 meetings during the life of this agreement (not including public
information meeting).
Estimate 12 cost and progress reporting periods will occur during the life of
this agreement.
Section 2 Assume no additional planimetric or right-of-way survey will be needed; Project
to utilize prior survey efforts performed by Erdman Anthony, dated July 2023.
Assume no additional geotechnical investigations will be needed (i.e. pavement
cores and soil borings).
Section 3 Estimate 2 design alternative(s) will be analyzed (null and one build
alternative).
Estimate 1 cost estimate(s) for each alternative plus 2 updates will be
required.
Estimate 1 Public Information Meeting.
Sections 4 Estimate 1 presentation to the Town Board.
Estimate 1 presentation to the Town Public Works Committee.
Estimate 0 wetlands will be mapped.
Sections 5 Assume no ROW acquisition or mapping will be required.
Sections 6 Estimate 1 cost estimate(s) for each alternative plus 2 updates will be
required.
Estimate 6 utility companies will be affected.
Sections 7 Assume bid documents to be distributed digitally (PDF format). No paper
copies.
Estimate 4 sets of final contract bid documents will need to be produced.
Advertisements will be placed by the Sponsor in local publications in addition to
the NYS Contract Report.
Town of Ithaca – East Shore Drive Bicycle and Pedestrian Safety Corridor – PIN 395091
Scope of Services
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10.02 Technical Assumptions
Section 2 Assume intersection turning movement counts and corridor traffic volume
counts will not be performed/collected by the Consultant.
Assume that a capacity analysis of pre/post-construction conditions will not be
performed as the proposed project improvements will not adversely modify the
functionality of the adjacent highway network.
Section 3 Photometric analysis for potential lighting improvements will be performed in
accordance with the Town of Ithaca’s 2023 Streetlights Policy.
Assume no major modifications to traffic signals will be required.
Section 4 Assume project will not result in impacts requiring mitigations/permitting of
state and/or federal jurisdictional wetlands.
Sections 5 Assume no right-of-way acquisition maps and associated incidental efforts will
be required.
Sections 6 Assume the Owner will be responsible for securing a highway work permit from
NYSDOT and other pertinent permits/agreements (e.g. Utility agreements).
Assume the Consultant will be responsible for providing technical
assistance/guidance to the Owner pursuant to obtaining necessary project
permits/agreements.
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ASSUMPTIONS
1 GENERAL
1.05 Project Familiarization.1 2 8 8 19
Review existing Owner-
provided information.
Site visits.
1.06 Meetings 4 8 12 4 8 36 assume 8 progress
meetings
1.07 Cost & Progress Reporting:3 6 8 17
Progress Report Summary
Sheet per Manual & monthly
invoicing. Assume 12 Mo.
TOTALS for Section 1 8 16 20 12 16 72
2 DATA COLLECTION &
ANALYSIS
2.01B Photogrammetric Survey 2 4 6
Process previously
developed mapping files for
project scale
2.02 Design Mapping 1 2 4 7 Development of contract
plans to scale
2.03 Determination of Existing
Conditions 2 4 12 8 26
Site visit under Task 1.05;
document conditions for
DAD
2.04 Accident Data and Analysis 1 2 20 8 1 32
Conduct crash analysis and
calculate crash rates &
diagramgs
2.05 Traffic Counts 1 2 12 15
Determine existing traffic
speeds & volumes; forecast
growth. Flow diagram will
not be needed.
2.07 Future Plans and Coordination
with other Projects 1 2 4 7
Review of pertitent fututue
long range plans for
implications in DAD.
2.12 Meetings 6 6 8 1 21 Coordination meetings with
project stakeholders
TOTALS for Section 2 12 20 64 16 2 114
3 PRELIMINARY DESIGN
3.01 Design Criteria.4 6 10
Determine design speed
and appropriate design
criteria for highway
3.02A Selection of Design Alternatives 2 4 6 Evaluate two alternatives
(Preferred & Null
3.02B Detailed Evaluation of Alterntive 2 4 24 12 8 50 Evaluate design criteria,
drainage & utilities
3.03 Cost Estimates 1 8 4 8 16 37
3.04 Develop the Draft DAD 2 24 8 60 38 4 136
3.05 Advisory Agency Review 2 8 4 14
3.06A Public Information Meeting 10 10 4 2 26 TB (1) & PWC (1)
3.07 Prepare Final DAD 2 8 4 18 8 4 44 Resolution and response to
comments.
TOTALS for Section 3 19 68 12 28 116 70 10 323
4 ENVIRONMENTAL
4.01 NEPA Classification 1 6 7 Complete NEPA Checklist.
4.02 SEQRA Classification 2 2 Type II Documentation
4.03 Smart Growth 1 2 3
4.04 Screenings:0
General Ecology and
Endangered Species 1 6 7 Endangered Species Inquiry
Surface Water 1 2 3
Identification of Drainage
Basins: Erosion and
sediment control
requirements. SPDES
check.
Ground Water 1 2 3
Ground Water Investigation:
desk-top survey; provide
write-up
DESCRIPTION
STAFFING ASSUMPTIONS
Barton & Loguidice, D.P.C.
East Shore Drive Bicycle and Pedestrian Safety Corridor
PIN 3950.91
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ASSUMPTIONSDESCRIPTION
STAFFING ASSUMPTIONS
Barton & Loguidice, D.P.C.
East Shore Drive Bicycle and Pedestrian Safety Corridor
PIN 3950.91
State Wetlands 1 6 7 Review of State-Regulated
Wetlands Maps:
Federal Jurisdictional Wetlands 1 6 7 Review of Federally-
Regulated Wetlands Maps:
Floodplains 1 2 3
acquire FEMA maps and
studies; determine need for
full evaluation
Historic/Archaeological
Resources 1 4 5 SHPO inquiry letter
Parks 1 2 3 Determine need for 4(f) or
6(f)
Hazardous Waste 1 2 3 desk-top survey, prepare
form for DAD
Asbestos 1 8 9
desk-top survey (record
drawings), site visit, prepare
form for DAD
Noise 1 1
Visual Impacts 1 1
Environmental Justice 1 3 4
4.05 Detailed Studies and Analyses:1 1 2
TOTALS for Section 4 14 56 70
5 RIGHT OF WAY
5.02 ROW Survey.2 4 6
TOTALS for Section 5 2 4 6
6 DETAILED DESIGN
6.02 Advance Detail Plans (ADP)10 1 11
Title:2 2
Typical Sections:4 24 28
General Notes 1 3 4
WZTC:4 22 26
Geometry Layout Plan:4 4
Baseline Ties & Benchmarks:3 3
Maintenance Jurisdiction Table 1 2 3
Miscellaneous Tables & Details 8 16 12 16 52
Plans:26 8 50 36 120
Profiles:4 24 28
Typical Sections:4 8 20 32
Landscaping & Grading 2 4 16 22
Pavement Markings & Signage:4 12 16
Erosion & Sediment Control Plan 2 4 6
Traffic Signal Modifications:8 8
Templated Cross Sections:4 20 24 25 ft intervals
6.03 Final Plans 4 8 16 12 40 Copies to the Town for
Review
6.04 Contract Documents.4 14 8 10 36 Copies to the Town for
Review
6.05 Cost Estimate 1 12 2 24 39
6.06 Utilities 4 8 12 Coordination with impacted
utility companies.
6.09 Information Transfer 2 1 2 2 1 8
Submit original Contract
Documents and Drawings to
the Town.
TOTALS for Section 6 19 112 27 185 169 12 524
7 ADVERTISEMENT, BID
OPENING and AWARD
7.01 Advertisement 1 1 1 2 5 Issue/Coord. Ad.
7.02 Services Prior to Construction 2 4 6 2 14 Contractor RFI's
7.03 Bid Opening (Letting)1 1 2 prepare bid tabulation.
7.04 Award 1 4 8 13 Bid review & analysis.
TOTALS for Section 7 4 10 16 4 34
Town of Ithaca Agreement - East Shore 2-25 (ID 3285202).docx
ATTACHMENT C
Architectural/ Engineering Consultant Contract
Staffing Rates, Hours,
Reimbursables and Fees
BARTON & LOGUIDICE, D.P.C.
PIN 3950.91
East Shore Drive Bicycle and Pedestrian Safety Corridor
CONTENTS
------------------- ----------------------------------------------------------------------
Exhibit Description
------------------- ----------------------------------------------------------------------
A-1 SALARY SCHEDULE
A-2 STAFFING TABLE
B-1 DIR. NON-SAL. COST
C SUMMARY
------------------- ----------------------------------------------------------------------
Exhibit A, Page 1
Salary Schedule
----------------------------------------------------
BARTON & LOGUIDICE, D.P.C.
PIN 3950.91
AVERAGE MAXIMUM OVERTIME
HOURLY RATES HOURLY RATESCATEGORY
JOB TITLE
2025 2025
------------------------------------------------------------ ------------------------------------------------------- -----------------
Principal IX (A)132.20$137.00$A
Senior Vice President IX (A)107.40$123.00$A
Vice President IX (A)84.77$90.00$A
Senior Associate VIII (A)76.45$81.50$A
Associate VIII (A)71.54$81.50$A
Chief Engineer VII (A)69.83$78.00$B
Senior Managing Engineer VII (A)64.61$73.00$B
Senior Managing Hydrogeologist VII (A)66.25$71.00$B
Senior Managing Industrial Hygienist VII (A)63.20$63.20$B
Senior Managing Landscape Architect VII (A)56.60$57.00$B
Senior Project Manager VII (A)65.31$80.00$B
Chief Asset Management Specialist VI (A)79.00$79.00$B
Lead Architect VI (A)55.30$55.30$B
Lead Engineer VI (A)56.40$56.40$B
Lead Environmental Scientist VI (A)56.00$56.00$B
Lead Landscape Architect VI (A)48.00$48.00$B
Managing Engineer VI (A)55.20$57.70$B
Managing Hydrogeologist VI (A)54.50$54.50$B
Managing Landscape Architect VI (A)46.00$46.00$B
Project Manager VI (A)47.00$50.00$B
Senior Staff Engineer VI (A)47.75$48.00$B
Managing Architect V (A)53.25$54.50$B
Managing Community Planner V (A)45.50$45.50$B
Managing Industrial Hygienist V (A)45.00$45.00$B
Project Community Planner V (A)36.75$37.50$B
Senior Construction Manager V (A)66.00$66.00$B
Senior Project Engineer V (A)51.17$56.70$B
Senior Project Environmental Scientist V (A)44.00$44.00$B
Senior Project Landscape Architect V (A)44.00$44.00$B
Senior Staff Environmental Scientist V (A)39.90$43.00$B
Crew Chief IV (A)38.97$42.50$B
Lead Asset Management Specialist IV (A)63.50$63.50$B
Project Architect IV (A)43.20$43.20$B
Project Engineer IV (A)45.62$48.80$B
Senior Staff Hydrogeologist IV (A)37.00$37.00$B
Staff Architectural Designer IV (A)36.70$36.70$B
Staff Asset Management Specialist IV (A)58.30$58.30$B
Staff Engineer IV (A)46.04$49.50$B
Staff Environmental Scientist IV (A)35.00$35.00$B
Staff Field Scientist IV (A)35.00$38.50$B
Staff Industrial Hygienist IV (A)37.80$37.80$B
Staff Intern Architect IV (A)44.50$44.50$B
Staff Hydrogeologist III (A)30.30$30.30$B
Architectural Designer I II/I (A)27.00$28.00$B
Architectural Designer II II/I (A)31.00$33.00$B
Assistant Landscape Architect I II/I (A)34.00$43.00$B
Assistant Landscape Architect II II/I (A)31.70$31.70$B
Community Planner I II/I (A)27.37$28.60$B
Community Planner II II/I (A)30.25$30.50$B
Engineer I II/I (A)37.08$38.00$B
Engineer II II/I (A)40.35$43.50$B
Engineering Designer I II/I (A)38.30$46.00$B
Engineering Designer II II/I (A)49.77$51.50$B
Environmental Scientist I II/I (A)25.67$26.00$B
Environmental Scientist II II/I (A)29.67$30.50$B
Chief Inspector IV (N)52.50$55.00$C
Office Engineer IV (N)52.67$54.00$C
Resident Engineer IV (N)54.36$74.00$C
Senior Engineering Technician IV (N)47.37$50.00$C
Senior Inspector IV (N)46.00$46.00$C
Construction Manager III (N)51.07$53.20$C
Inspector III (N)31.00$37.50$C
Senior Environmental Technician III (N)24.00$24.00$C
Senior Inspector III (N)45.24$51.00$C
Engineering Technician II (N)36.50$37.50$C
Environmental Technician II (N)21.95$22.00$C
Industrial Hygienist I I (N)24.35$25.30$C
Contract Specialist N/A 41.92$74.50$B
Engineering Aide N/A 37.40$37.40$B
Group Technical Assistant N/A 23.70$23.70$B
Intern N/A 19.86$21.00$B
Senior Group Technical Assistant N/A 29.55$34.40$B
UAS Operator N/A 42.00$42.00$B
Category A - No overtime compensation
Category B - Overtime compensated at straight time rate
Category C - Overtime compensated at straight time rate x 1.50
Overtime applies to hours worked in excess of the normal
working hours of 40 hours per week
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1
Exhibit B, Page 1
Estimate of Direct Non-Salary Cost
------------------- --------------------
BARTON & LOGUIDICE, D.P.C.
PIN 3950.91
1. Travel, Lodging and Subsistence
Trips to trips miles per
Site/County 6 120 miles/trip 720
Miscellaneous 500
Total Mileage 1220 @ $0.655 $799.10
TOTAL TRAVEL, LODGING, & SUBSISTENCE $799
2. Reproduction, Drawings & Report
Sheets Set
Design Report
Pre-Draft thru Final 0.10 200 10 $200.00
Brochure/Handout 0.10 2 30 6.00
Miscellaneous 0.05 500 1 25.00
Plans/Cross-Sections 0.10 20 5 10.00
Prints 0.20 20 30 120.00
TOTAL DRAWING, REPORT, REPRODUCTION $361
3. Environmental Screenings/Reports $500
4. Mail, Postage & Shipping $150
5. Bid Advertisement $200
6. Subcontractor for Borings (Estimated)
7. Subcontractor for Survey
8. Subcontractor for ROW $0
----------------
Direct Non-Salary Cost $2,010
Direct Non-Salary Cost (Subcontractors)$0
Direct Non-Salary Cost (Subconsultants)$0
----------------
TOTAL DIRECT NON - SALARY COST $2,010
Exhibit C
Summary
--------------------------
BARTON & LOGUIDICE, D.P.C.
PIN 3950.91
TOTAL
Item IA, Direct Technical
Salaries (estimated)
subject to audit $51,631
Item IB, Direct Technical
Salaries Premium Portion
of overtime subject to
audit (estimate)$0
Item II, Direct Non-
Salary Cost (estimated)
subject to audit $2,010
Item II Direct Non-
Salary Cost (estimated)
subject to audit
Subcontractor Cost $0
Item II Direct Non-
Salary Cost (estimated)
subject to audit
Subconsultant Cost $0
Item III, Overhead
(estimated) subject
to audit) (@ 170% Office Rate)$87,772
Item IV, Fixed
Fee (negotiated)$18,100
TOTAL ESTIMATED CONSULTANT COST $159,500
MAXIMUM AMOUNT PAYABLE $160,000
1
MEETING OF THE ITHACA TOWN BOARD
February 10, 2025
TB Resolution 2025 – : 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. Approval of the Bolton Point Abstract
d. Approval of Budget Transfers, Amendments and Modifications
e. Approval Authorizing the Town Supervisor to Execute Worth Street MOU
f. Approval of Permit Fee Reduction Request for 622 Elm Street Ext
g. Approval of Authorization of MOU Regarding Park Relocation and Land Purchase
and Swap Agreement for Saponi Park on Five Mile Drive
Moved: Seconded:
Vote: ayes –
TB Resolution 2025- a: Approval of Town Board Minutes
Resolved that the Town Board approves the draft minutes of the meetings of December 30th,
2024, January 13th and 27th, 2025 as submitted, with non-substantive changes made.
TB Resolution 2025- b: Town of Ithaca Abstract No. 3 for FY-2025
Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in
total for the amounts indicated:
VOUCHER NOS. 2024 1297 - 1303
2025 58 - 95
General Fund Town Wide 37,682.97
General Fund Part-Town 10,527.68
Highway Fund Town Wide DA 7,088.09
Highway Fund Part Town DB 17,513.83
Water Fund 16,661.94
Sewer Fund 17,405.24
Capital Projects 17,391.51
Risk Retention Fund
Fire Protection Fund 640,000.00
Trust and Agency 3,196.56
Debt Service
2
TOTAL 767,467.82
TB Resolution 2025- c: Bolton Point Abstract
Resolved, that the governing Town Board hereby authorizes the payment of the said vouchers.
Voucher Numbers: 18-62
Check Numbers: 21038-21082
Capital Impr/Repl Project $ 17,804.70
Operating Fund $ 98,836.81
TOTAL $ 116,641.51
TB Resolution 2025 - d: Approval of Budget Transfers, Amendments and Modifications
Whereas, the Town Finance Officer has reviewed all budgetary revenue and appropriation
accounts for the period ending February 10, 2025, and
Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers,
amendments or modifications summarized below:
General Town-wide Fund
Budget Transfers
Account Description From To
A1990.499 Contingency 500
A6989.400 Economic Development Contractual 500
Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all
budget transfers, amendments, and modifications, including all other changes deemed
appropriate and necessary.
TB Resolution 2025 – e: Approval Authorizing the Town Supervisor to Execute Worth
Street MOU
Whereas, the New House project at 412 Worth Street is primarily in the Town of Ithaca, and
Whereas, the Town of Ithaca is willing to provide code enforcement services for the project that
straddles the Town and City boundary; now, therefore, be it
3
Resolved, that the Town Board authorizes the Town Supervisor to sign an Agreement with the
City of Ithaca for Building Permitting, Inspection and Related Services for the 412 Worth Street
TB Resolution 2025 – f: Approval of Permit Fee Reduction Request for 622 Elm Street
Ext
Whereas the Town received a request for a reduction in fee for a building permit, and
Whereas the Review Committee reviewed the request and recommends reducing the fee to $275,
now, therefore be it
Resolved that the Town Board grants the Fee Reduction Request based upon the information
provided in the request form and upon the recommendation of the Review Committee and sets
the fee for BLD-22-169 at $275.
TB Resolution 2025 – g: Authorization to proceed with a Memorandum of Understanding
and contracting for survey services for the potential relocation of Saponi Park
Whereas, the Saponi Meadows Subdivision was approved in 1994, which created Peachtree
Lane, Apple Blossom Land and Amber Lane. As part of this approval, Saponi Park was
dedicated to the Town of Ithaca in 1995 as the park land requirement. The 1994 plans showed
future phases and roads which would have continued to the south on the 21.6-acre Eddy Hill Inc.
property, filling in the gap between Peachtree Lane and the current park property; and
Whereas, the park property and the remaining Eddy Hill Inc. property have been farmed since
1994 and the current owners have stated they have no intention of developing the property into
additional residential lots; and
Whereas, the Town has not made any improvements to the park property; and
Whereas, the current landowners and the Town feel there would be substantial benefits to
relocating the park to the north, adjacent to the residential development that it went with; and
4
Whereas, a “Memorandum of Understanding Respecting Park Relocation and Land Purchase and
Swap Agreement” has been prepared to outline the process, costs, and responsibilities for this
park relocation project, and
Whereas, the Planning Department has received a proposal from T.G. Miller, P.C. to complete0 a
boundary survey and subdivision mapping, with a total cost of $2,200; now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca authorizes the Town Supervisor to execute
the “Memorandum of Understanding Respecting Park Relocation and Land Purchase and Swap
Agreement” with Eddy Hill Inc. regarding the potential relocation of Saponi Park, and be it
further
Resolved, that the Town Board of the Town of Ithaca authorizes the hiring of T.G. Miller, P.C.
to perform a boundary survey and subdivision mapping, at a cost not to exceed $2,200.
1
Agreement Between the City of Ithaca and the Town of Ithaca for Building Permitting,
Inspection, and Related Services for 412 Worth Street
This Agreement is effective as of ______________, 2025.
WHEREAS, the owner of premises known as 412 Worth Street (tax parcels 66.-4-3 (City
of Ithaca) and 59.-1-10 (Town of Ithaca)) (the “Site”) has proposed to construct a new house (the
“New House”) on the Site; and
WHEREAS, the New House requires approval of the City of Ithaca (hereafter, the “City”),
108 E. Green Street, Ithaca, New York 14850, and the Town of Ithaca (hereafter, the “Town”
and, collectively with the City, the “Municipal Parties”), 215 N. Tioga Street, Ithaca, New York
14850; and
WHEREAS, the majority of the proposed New House is within the geographic bounds of
the Town; and
WHEREAS, Article IX, Section 1(c) of the New York State Constitution and Article 5-G
of the General Municipal Law empower local governments in the State of New York to enter
into agreements amongst themselves for the provision of joint services, and Executive Law §
381(2) states “Two or more local governments may provide for joint administration and
enforcement of the uniform code, the state energy conservation construction code, or both, by
agreement pursuant to article five-G of the general municipal law”; and
WHEREAS, the City and the Town agree that the proposed New House and associated
improvements on the Site, which are shown on attached Exhibit A (the “New House and
Improvements”) are best served by uniform building permitting, code inspection, and related
services; and
WHEREAS, the City and Town previously executed a June 26, 2017, Intermunicipal
Agreement for Building, Permitting and Inspection Services for the Site, but that agreement
2
needs to be terminated because in 2017 the majority of the proposed house was to be located in
the City, whereas the majority of the current proposed New House and Improvements are to be
located in the Town;
NOW THEREFORE, in consideration of the mutual covenants and consideration
contained herein, the Municipal Parties agree and contract as follows:
1. The June 26, 2017, Intermunicipal Agreement for Building, Permitting and
Inspection Services between the City and the Town for 412 Worth Street is terminated.
2. All portions of the New House and Improvements within the geographic
boundaries of the City (as shown on Exhibit A) are subject to the City’s zoning ordinance, City
Code Chapter 325, the City’s site plan review requirements, City Code Chapter 276 (if
applicable), City Code Chapter 282 (Stormwater Management and Erosion and Sediment
Control), sewer and water requirements in City Code Chapters 262, 264 and 348, and all other
City Code requirements, except the following City Code requirements shall not apply: City Code
Chapter 146 (Building Code Enforcement) (including Article VII thereof [Establishment and
Implementation of the Ithaca Energy Code Supplement]), and Chapter 181 (Fire Prevention).,
The City Code requirements that apply are collectively referred to as “Applicable City Code
Requirements.”
3. All portions of the New House and Improvements within the geographic
boundaries of the Town (as shown on Exhibit A) are subject to all Town Code requirements. The
following Town Code requirements shall apply to all portions of the Site within the geographic
boundaries of the City: Town Code Chapter 144 (Energy Code Supplement), Town Code
Chapter 125 (Building Construction and Fire Prevention), and Town Code § 270-233.A (permit
to build).
3
4. Except for fees and charges associated with building permits, certificates of
occupancy/compliance, and inspections described in Sections 8 and 10 below, or as otherwise
specified in Section 11 below, each Municipal Party shall apply, collect and keep all other
typically assessed charges or fees associated with the portions of the New House and
Improvements within its jurisdiction (such as zoning, special permit, site plan, variance and
utility fees and charges).
5. The Town shall consult with building permit applicants, process all initial and
future building applications, and issue all initial and future building permits as required by Part
1203 of Title 19 of the New York Codes, Rules and Regulations (NYCRR) and as specified in
Section 7 below, for the New House and Improvements requiring such permits, regardless of
geographic location, including all future proposed improvements to the New House and
Improvements. All references in this agreement to the New House and Improvements shall
include any alterations or repairs made to them. Any proposed building, structure or
improvement on the Site that is not associated with the New House and Improvements shown on
Exhibit A is not covered by this Agreement and shall be subject to a further agreement between
the Municipal Parties regarding permitting, inspections and related services.
6. The Town shall issue no building permit under this agreement for any portion of
the New House and Improvements requiring a building permit that is wholly or partially within
the City unless and until the City sends the Town a letter from the City Director of Planning &
Development or their designee stating (i) the Site owner has satisfied all applicable pre-
construction special permit and site plan review requirements and conditions for such building,
structure, or improvement (or portion thereof) within the City and (ii) such building, structure, or
improvement (or portion thereof) within the City requiring a building permit complies with, or
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has received all necessary variances from, the City’s zoning ordinance, and complies with all
other Applicable City Code Requirements.
7. The Town shall, regardless of location on the Site, issue building permits under
this agreement in accordance with Town Code Chapter 125 (Building Construction and Fire
Prevention), and with all State laws, rules, and regulations as are ordinarily applied by the Town
for such New House and Improvements. This includes, but is not limited to, the New York State
Uniform Fire Prevention and Building Code. For those portions of buildings, structures and
improvements located within the Town of Ithaca, the Town will also apply its other local laws,
rules, and regulations as are ordinarily applied by the Town.
8. The Town shall collect and keep all building permit fees for building permits it
issues under this agreement, regardless of location on the Site, as are ordinarily assessed under
Town Code Chapter 153 (Fees) and fee schedules established by Town Board resolution, or by
any other Town Code provision or Town practice, for such buildings, structures, or other
improvements.
9. The Town shall, regardless of location on the Site, issue all initial and future
temporary and final certificates of occupancy/compliance and conduct all code inspections,
operating permit inspections and fire and electrical inspections for the New House and
Improvements within the Site as required by 19 NYCRR Part 1203. The Town shall issue no
temporary or final certificate of occupancy/compliance under this agreement for any building,
structure, or improvement requiring such a certificate that is wholly or partially within the City
unless and until the City sends the Town a letter from the City Planning Department (or its
designee) stating the Site owner has satisfied all applicable pre-certificate special permit, site
plan and variance conditions for such building, structure, or improvement (or portion thereof)
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within the City. In issuing such certificates and conducting such inspections, the Town shall
apply Town Code Chapter 125 (Building Construction and Fire Prevention), as well as all State
laws, rules, and regulations as are typically applied by the Town for such buildings, structures, or
improvements within the Town, including, but are not limited to, the New York State Uniform
Fire Prevention and Building Code. For those buildings, structures and improvements (or
portions thereof) located within the Town of Ithaca, the Town will also apply its other local laws,
rules, and regulations as are ordinarily applied by the Town.
10. The Town shall collect and keep all charges and fees for certificates of
occupancy/compliance and inspections conducted under this agreement, regardless of location on
the Site, as are ordinarily assessed under Town Code Chapter 153 (Fees) and fee schedules
established by Town Board resolution, or by any other Town Code provision or Town practice,
for such buildings, structures, or other improvements.
11. The Town will perform all water and sanitary sewer facility reviews, inspections,
and enforcement regardless of geographic location. The Town will collect and keep all fees
associated with its activities. The service connections will be to Town-owned distribution and
collection infrastructure.
12. Employees and officers of the Town are authorized to, and shall, process,
investigate and respond to all code violations and complaints, and issue any orders regarding the
enforcement of the State and local laws, rules, and regulations described in the previous
paragraphs of this agreement in relation to the New House and Improvements regardless of
location of the underlying building, structure, or improvement. The Town further shall maintain
records of all inspections and applications pertaining to the buildings, structures, or
improvements located within the City of Ithaca portion of the Site, make such records available
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to the City upon reasonable advance notice, shall respond to inquiries from the City about such
records or the Town’s services within the City and provide annual reports as may be reasonably
requested by the City.
13. The Town shall bring any necessary enforcement proceeding for violations of the
State and local laws, rules, and regulations (including Applicable City Code Requirements)
described in the previous paragraphs of this agreement in relation to the New House and
Improvements, regardless of location of the underlying building, structure, improvement, use or
activity for which proceedings are commenced. The Town will pay for all enforcement costs,
including witness and attorney time, and will keep all penalties and fines that may be assessed as
a result of such enforcement proceedings.
14. Any authority heretofore conferred on the City Code Enforcement Officers
pursuant to the City Code or other applicable laws, rules or regulations is hereby conferred upon
the Town Code Enforcement Officers and other Town employees and officers to undertake the
Town services within the City described in this agreement.
15. The Town’s employees performing services under this agreement shall not be
considered City employees for any purpose. The Town and its employees shall have no claim
against the City for any compensation, worker's compensation, vacation pay, sick leave,
retirement benefits, social security benefits, disability insurance benefits, unemployment
insurance benefits, or any other employee benefits, all of which shall be the Town’s sole
responsibility. The City will not withhold on behalf of the Town any sums for income tax,
unemployment insurance, social security, or any other withholding.
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16. The City shall not make any payments to the Town for its services. The
Municipal Parties agree that the fees, charges, penalties and fines that the Town will collect
under this agreement are adequate compensation to the Town for its services.
17. To the fullest extent permitted by law, the Town agrees to fully defend,
indemnify and hold harmless the City and its officers, elected officials, Boards, employees, and
agents from and against all claims, actions, suits, demands, damages, liabilities, obligations,
losses, settlements, judgments, costs and expenses (including without limitation reasonable
attorney’s fees and costs) (collectively referred to as “Claims”), 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 the Town or the Town’s
employees, agents or subcontractors, in connection with the services it performs or is required to
perform for the City or on its own behalf under this agreement. This duty for the Town to
defend, indemnify and hold harmless the City shall not extend to Claims described in Section 18
below.
18. To the fullest extent permitted by law, the City agrees to fully defend, indemnify
and hold harmless the Town and its officers, elected officials, Boards, employees, and agents
from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses,
settlements, judgments, costs and expenses (including without limitation reasonable attorney’s
fees and costs), which any or all of them may incur, whether or not involving a third party claim,
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
8
the acts or omissions of the City or the City’s employees, agents or subcontractors, to the extent
they are based on the City’s zoning, special permits, site plans, or variances.
19. Each Municipal Party hereby agrees to maintain at all times General Liability
insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property
damage, to list the other Municipal Party as an additional insured under said insurance policy,
and to provide written proof of such insurance from the insurer, at the time of execution of this
agreement, and as may be otherwise required by the other Municipal Party.
20. This agreement shall be effective on the date it is fully executed by both
Municipal Parties. This agreement shall remain in effect for five (5) years as written unless and
until terminated or modified upon the written agreement of both Municipal Parties. This
agreement shall renew automatically for successive five (5) year terms upon the same terms and
conditions unless a Municipal Party gives written notice to the other Municipal Party at least one
year prior to the renewal date that the agreement will not renew. Either Municipal Party may
terminate this Agreement for convenience upon one year’s notice to the other Municipal Party.
21. 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
Municipal Party at the address set forth above, or if mailed by certified mail to the other
Municipal Party at the address set forth above, return receipt requested. All notices shall be
effective upon the date of receipt. Either Municipal 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
Municipal Party.
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22. The use of the term “New House” throughout this Agreement does not restrict the
use of the proposed new building to only a residential use. The building may be used for any
lawful use allowed by and subject to the Municipal Parties’ respective zoning and other laws.
23. This writing constitutes the entire understanding and complete agreement of the
Municipal Parties.
24. This agreement may be executed in multiple counterparts, all of which together
shall constitute the same instrument.
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IN WITNESS WHEREOF, the City and Town, upon passage of proper resolutions of their
respective governing boards, authorize their respective City Manager and Supervisor to execute
this agreement.
SIGNED:
CITY OF ITHACA
_____________________________
By: Deborah Mohlenhoff, City Manager
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
On the day of in the year 2025, before me, the undersigned, personally
appeared ___ , personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s)acted, executed the instrument.
TOWN OF ITHACA
_____________________________
By:
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
On the day of in the year 2025, before me, the undersigned, personally
appeared , personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s)acted, executed the instrument.
______________________________
Notary Public
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MEMORANDUM OF UNDERSTANDING RESPECTING PARK
RELOCATION AND LAND PURCHASE AND SWAP AGREEMENT
This Agreement (the “Agreement”) is made the ___ day of _____, 2025, by and between the
TOWN OF ITHACA, an incorporated municipal subdivision of the State of New York with an address at 320
North Tioga Street, Ithaca, New York 14850 (the “Town”), and
EDDY HILL, INC., a New York State corporation with offices at 16 Enfield Center Road East, Ithaca, New York
14850 (the “Corporation”), and
WITNESSETH: That the Town and the Corporation (severally and collectively a “Party” or the “Parties,” each as
the context may so require or admit), each for good and valuable consideration, do hereby agree to the terms and
conditions of this Agreement; and
WHEREAS, the Corporation is and was a land developer that submitted a multi-phased subdivision plan to
convert, over a period of years, farmland to residential subdivisions, with the first phase of such subdivision being
approved and constructed, and in connection with such subdivision approval the Corporation did dedicate to the
Town certain parklands for the future use and enjoyment of residents of the Town and such subdivision and
Saponi Park thus came into existence along Seven Mile Drive, being approximately 8.2 acres in size, known and
identified as Town of Ithaca TPN 33.-3-1.3, as dedicated by deed from the Corporation to the Town dated October
12, 1995, and recorded in the Tompkins County Clerk’s Office at Liber 759 of Deeds, at Page 308, as more
particularly shown upon Exhibit A, which Exhibit is and shall be a material part of this Agreement; and
WHEREAS, the Corporation has abandoned further development and subdivision of the land, thereby causing
the parkland, as dedicated, to be separated from the existing subdivision by a farm field, and further causing
farmland to be subdivided by an existing park, and the Parties have each independently confirmed to their own
satisfaction that there would be substantial benefits to relocating Saponi Park to the north, to be and become
adjacent to the existing subdivision, thereby promoting its parkland and recreational benefits for such land
development and unifying the southerly farmlands; and
WHEREAS, this Agreement is and represents a binding agreement from each Party to the other to transfer and
accept a conveyance of the existing park lands from the Town to the Corporation, and for the Corporation to
transfer a like amount of land, the exact line for which shall be surveyed as set forth below, to the Town in the
approximate location as shown upon Exhibit A, both transfers being subject to the contingencies and terms set
forth below; so now therefore
IN ACCORDANCE WITH THE PURPOSES SET FORTH ABOVE, which clauses shall be and remain a material
part of this Agreement, the Town and the Corporation hereby agree as follows:
1. PARKLAND APPROVALS: The Town shall be solely responsible to obtain all New York State approvals
and legislation as permits the surrender or relocation of public parklands under the requirements of NYS law and
the Public Trust rules for municipal and other entities who manage, control, or accept public conveyances of
parklands and recreational areas, among other types of public trust properties. Corporation only pledges its
timely cooperation and that it will, upon approval of the park relocation plan as submitted by the Town, convey
the new parklands to the Town, and accept back a conveyance of the existing parklands, each as referenced above
and in Exhibit A. Performance under this Agreement is contingent upon the Town obtaining required NYS
approvals and legislation to allow the park relocation. No timeline for the same is provided or guaranteed, but
the Parties agree that this Agreement shall be binding upon them and valid only until December 31, 2026, at
which time this Agreement shall expire or be further extended by agreement of the Parties.
2. FURTHER CONTINGENCIES: This Agreement is further contingent upon each Party supplying to the
other title documents and a review of such documents showing that each Party will obtain from the other good
title in fee simple absolute, subject only to customary utility easements and being subject to no other restrictions or
encumbrances.
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3. SURVEYING AND CLOSING COSTS; SUBDIVISION: The Town will pay all costs for surveying and will
direct its surveyor to draw a horizontal line in the approximate location and attitude as shown in Exhibit A, to
match as closely as possible a conveyance to the Town of the same amount of land as the existing park. The Town
will also be responsible for all costs of, and the application for, land subdivision to create the new park lot. The
land conveyed to the Corporation shall match the conveyance language in the original deed of dedication listed
above, subject only to certified surveying updates. The Town shall also pay for the cost of preparing all deeds and
filing documents, including further all recording and filing fees for this transaction. No tax adjustments shall be
made at closing or paid by one Party to another, and all taxes are required to be paid in full through the next
applicable assessment date by each Party. The Town shall deliver all necessary documentation to establish the
land subdivision has been approved in accordance with local and state law, and that appropriate certificates
and memorandums of apportionment are obtained at or prior to closing.
3. PURCHASE PRICE: The entire consideration to each Party is the distribution of costs and
responsibilities for title and closing hereunder, and the delivery by each Party to the other of a suitable deed of
conveyance, properly executed with all necessary filing documents and title curatives, if any. No other
remuneration is required and the Parties have each satisfied themselves that the lands to be exchanged are of
sufficiently equivalent value as to wholly support this Agreement.
4. CLOSING: Closing shall be within 90 days of authorizing NYS legislation and at a mutually convenient
time and place as approved by the Parties.
5. TITLE: After approval of the parkland legislation, each Party shall provide to the other an accurate and
currently dated abstract of title certified within the 30 days preceding delivery and duly prepared by a title or
abstract company authorized to do business in the State of New York and insured for errors and omissions in
the minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence (or by a title insurance
company authorized to do business in the State of New York, which company maintains statutory loss
reserves for abstracts). The abstract shall commence with a warranty deed conveying full fee interest and
recorded no sooner than 40 years from the date of closing, and each abstract shall be extended through closing
and show good title, subject to no objectional restrictions or encumbrances. Each Party shall also provide ten-
year tax certificate searches from the county showing no outstanding taxes or penalties as due and payment
through the next official assessment date for each applicable tax. It shall be presumed that easements and
rights-of-way of record granted to public utilities and municipalities for utility poles, utility lines, electrical
lines, media and communication lines, gas lines, water lines, sanitary sewer lines, and drainage are acceptable
when in standard forms. It shall be further presumed that encroachments, private rights of way, and oil and
gas leases are objectionable and require being cured. If the review of title and related documents reveals or
discloses any defect, lien, encumbrance, or condition which renders title to the Premises objectionable or
unmarketable, the Party with such objections shall notify the other Party in writing by setting forth all such
objections and providing a reasonable opportunity to cure the same. The Party receiving such notice shall
thereafter take reasonable steps to effect a cure and if, for any reason, a cure shall not be obtained or had
within the time stated in the demand or 20 days, whichever is longer, this Agreement may be terminated or
enforced by the objecting Party or, in the alternative, the Parties may, but are not required to, fashion some
other relief or resolution of the matter, including but not limited to obtaining title insurance and determining
how to apportion the cost thereof.
6. DEEDS: The Town shall prepare all warranty deeds and TP-582/RP-5217 documents required for
transfer and closing, subject in each case to the approval of the Corporation. Deeds shall be warranty deeds
with lien covenants, or such other form of deed as the current state of title permits. Each Party shall supply IT-
2663 forms, if needed, as well as any affidavits required for title or by law, such as affidavits showing
compliance with New York State law regarding the Home Equity Theft Protection Act, stating the Party in
issue is not a party to a Matrimonial Action, and compliance with the Foreign Investment in Real Property Tax
Act (FIRPTA).
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7. WARRANTIES AND REPRESENTATIONS: Each Party warrants and represents to the other Party as
follows:
A. No realtor or broker brought about this Agreement, and each Party shall indemnify the other from and
against any realtor or broker claims for fees and commissions due as a result of any act or agreement
between such Party and the broker or realtor making claim.
B. Their property, at or prior to closing, will be free and clear of all liens and encumbrances, except any
accepted encumbrances, easements, or restrictions, and each Party has the exclusive right, power and
authority to sell, convey and transfer the Premises in accordance with the terms of this Agreement.
C. There is no pending or threatened litigation concerning their property, there are no pending or
threatened administrative investigations or proceedings, and that, to the best of their knowledge, their
lands are free of toxic or hazardous substances as those terms are defined under any federal, state, or
local statutes, codes, environmental laws, rules, or regulations.
D. All uses of and improvements upon their lands are, to the best of their knowledge, in full compliance
with all statutes, ordinances, regulations, and other administrative enactments, including but not
limited to Building Codes and zoning rules for the present uses thereof and thereupon, and that such
Party has received no notices or documents alleging any violations of, or non-compliance with, any of
the foregoing.
E. They will not do anything, or fail to do anything, between the date of this Agreement and the date of
closing as could or would affect any of the foregoing representations, or which would detrimentally
affect the marketability or utility of their lands.
8. BREACH AND SPECIFIC PERFORMANCE: If a Party fails to perform under this Agreement, the other
Party shall give written notice and ten days to cure such breach or non-compliance. If a cure is not had, then
the non-breaching Party may seek specific performance and injunctions to compel compliance and effect
closing hereunder. If any claim or suit be brought, the Town need not post any bond or undertaking, and the
Town need not prove the lack of an adequate remedy at law. Further, any Party who is successful in litigation,
including in the enforcement of this Agreement or their rights hereunder, including claims in equity and for
specific performance, shall be entitled to court costs, disbursements and reasonable attorneys’ fees incurred in
pursuing or defending such claim.
9. GENERAL TERMS:
A. The Parties consent to the placement of exclusive venue and jurisdiction in the state courts seated in
Tompkins County, New York in relation to any matters or claims arising out of or relating to this
Agreement, including the interpretation and enforcement hereof. Each Party further waives the right to
a trial by jury of any matters arising out of this Agreement.
B. This Agreement may not be assigned by either Party without the written permission of the other Party,
which permission shall not be unreasonably withheld, conditioned or delayed, and this Agreement
shall be binding upon and inure to the benefit of the Parties hereto, and their respective legal
representatives, heirs, successors, and assigns.
C. All notices under this Agreement shall be in writing and delivered personally or by email to the other
Party at an email address supplied for such purpose, as follows:
Town: to Rod Howe at email address of: rhowe@townithacany.gov
Corporation: to Steve Eddy at email address of: eddydale@htva.net
Notices shall be deemed served on the day so delivered or emailed.
D. No delay or failure by either Party to exercise any right hereunder, and no partial or single exercise of
such right, shall constitute a waiver of that or any other right, unless otherwise expressly provided
herein.
E. If any provision hereof is held invalid or unenforceable by a court or tribunal of competent jurisdiction,
such infirmity shall apply only to the facts and parties involved in any such controversy or
determination and not to other persons or events, but if a provision hereof is made invalid or
unenforceable, the Parties agree that such clause or terms shall be severed from this Agreement and
that all other terms herein shall survive and remain fully enforceable.
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F. This document may be executed in counterparts, and the original signature of any Party to this
Agreement transmitted by facsimile or electronically shall be treated as an original signature. Any
party who submits an original signature electronically or by facsimile shall be estopped from claiming
the submitted signature does not bind the party to this Agreement. Electronic signatures shall be
considered valid for the enforceability of this Agreement.
G. Neither Party may file this Agreement in the County Clerk’s Office, nor allow this Agreement to
become any sort of permanent record affecting the title of each respective Party, including as a
landowner of record.
H. This Agreement constitutes the entire understanding of the Parties, revokes and supersedes all prior
discussions, negotiations, and agreements between the Parties, and is intended as a final expression of
their agreement. Headings in this Agreement are for convenience and reference only, and shall not be
used to interpret, limit, or construe its provisions.
IN WITNESS WHEREOF, the Parties hereunto set their hand and seal the day and year first above written.
In Presence of:
Town of Ithaca Eddy Hill, Inc.
By: ___________________________ ______________________________
Rod Howe, Supervisor Paul Jacobs, President
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
On the ____ day of ___________ in the year 2025, before me, the undersigned, personally appeared
__________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
___________________________
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
On the ____ day of ___________ in the year 2025, before me, the undersigned, personally appeared
__________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
___________________________
Notary Public
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EXHIBIT A
Land Swap Map
605 West State Street, Suite A | Ithaca, NY 14850 | phone 607-272-6477 | fax 607-273-6322 | www.tgmillerpc.com
David A. Herrick, P.E.
Frank L Santelli, P.E.
Dondi M. Harner, P.E.
LEED A.P., C.P.E.S.C.
Lee Dresser, L.S.
Darrin A. Brock, L.S.
Jacqueline L. Dresser, L.S.
Eddy Hill Inc. August 29, 2024
c/o Michael Smith, Senior Planner
Town of Ithaca
215 North Tioga Street
Ithaca, New York 14850
Re: Park Relocation Survey – Saponi Park, Seven Mile Drive
(Area Approx. 8.2 acres) Town of Ithaca, Tompkins County
Dear Mr. Smith,
Pursuant to your recent email, T.G. Miller, P.C. is pleased to submit the following
proposal in connection with a boundary survey of a portion of lands of Eddy Hill, Inc.,
known as Tax Parcel 33-3-8.34 in the Town of Ithaca, Tompkins County.
T.G. Miller, P.C. will perform the requested boundary survey to facilitate relocation
of the Saponi Park for a not-to-exceed cost of $2,200, to be invoiced when deliverables are
provided to your office.
The scope of the field survey will include:
• Recover and/or set survey monuments for all existing property corners. Set survey
monuments for new proposed division line between new park parcel (8.2 acres) and
remaining lands of Eddy Hill, Inc. corners in accordance with the land plan provided by
your office.
• Locate site features, including roadways, buildings, fences, driveways and other
impervious surfaces, ditches and water features such as ponds or creeks, visible wells
(with function identified) and septic lids, utility poles, overhead utility lines, and other
evidence of easements or rights of way.
Survey maps will delineate:
• Location of existing and proposed property boundaries, with courses and distances
provided along with segment distances as applicable based on monumentation.
• Location of any plottable easements or rights of way set out in the abstracts of title
provided or schedule B items set forth in a title report provided with reference to the
same.
• Any encroachments either way across property boundaries with dimensions to the
same.
• Centerline and bounds of rights of way or highway line of public highways running
through or adjoining the property.
• Total area in acres for proposed new parcel (exclusive of road right of ways).
• Tax parcel numbers for subject parcel, and tax parcel numbers and ownership
information for lands adjoining the perimeter boundary.
T.G. Miller, P.C. 2
• Planimetric locations of all improvements and land features (hedgerows, wood’s edge,
water bodies, etc.) with labels.
• North arrow with basis of bearings identified.
• Legend identifying all symbols used on map.
Deliverables will include:
• Preliminary map showing proposed new park parcel for review and approval.
• Five sealed hard copy prints certified to parties TBD.
• Legal descriptions for perimeter of proposed new park parcel, provided in Word
format.
We expect to begin work immediately upon receipt of the relevant abstract of title
and title policy with preliminary mapping to be provided within five weeks thereafter. The
timeline of final deliverables is dependent on review of preliminary maps by the Town of
Ithaca and other parties to the transaction.
Please feel free to contact me by phone at 607-272-6477 or by email at
jld@tgmillerpc.com with any questions regarding this proposal. If terms are agreeable to
NYALT, please sign and return this proposal as authorization to proceed.
Respectfully,
Michael Smith
Jacqueline Dresser, L.S. Date