Presenter
Presented by Mr. Ravenstahl
AS AMENDED
Title
Resolution authorizing the Mayor and the Director of the Department of Public Works, on behalf of the City of Pittsburgh, to enter into an agreement with Bike Pittsburgh and the Pittsburgh Downtown Partnership, non-profit corporations, for the acceptance by the City of a donation from Bike Pittsburgh and Pittsburgh Downtown Partnership of bicycle racks for installation, at no cost to the City, at various places within the City rights of way, as determined and/or approved by the Director of the Department of Public Works.
Body
WHEREAS, Bike Pittsburgh, together with the Pittsburgh Downtown Partnership ("PDP"), has offered to donate certain bicycle racks to the City at no cost to the City; and
WHEREAS, the City's Art Commission has approved the design of the bicycle racks depicted on Exhibit A, attached hereto and incorporated herein, and described as modular and made of solid rolled galvanized steel (hereinafter "Bike Racks") ; and
WHEREAS, the Bike Racks are manufactured by Red Star Ironworks, L.L.C., a Pennsylvania company located at 4810 Penn Avenue, Pittsburgh, PA 15224 (hereinafter "Red Star"); and
WHEREAS, Red Star will inspect the installation sites for each Bike Rack prior to installation, and has and will guarantee the Bike Racks, with respect to manufacturing defects, for a period of five years from the date of installation; and
WHEREAS, Bike Pittsburgh has agreed to coordinate future volunteer maintenance of the Bike Racks and PDP has agreed to maintain liability insurance for the Bike Racks; and
WHEREAS, the City now wishes formally to accept the donation of the Bike Racks from Bike Pittsburgh and the PDP, and to enter into a License and Maintenance Agreement to define Bike Pittsburgh's and PDP's responsibilities hereafter regarding the installation and maintenance of the Bike Racks.
Be it resolved that the Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Mayor and the Director of the Department of Public Works are authorized, on behalf of the City, to enter into an agreement(s) with Bike Pittsburgh and the Pittsburgh Downtown Partnership, non-profit corporations, for the acceptance by the City of a donation from Bike Pittsburgh and Pittsburgh Downtown Partnership of bicycle racks for installation, at no cost to the City, at various locations within the City rights of way. The Bike Racks in question are depicted in Exhibit A attached hereto.
Section 2. The specific locations of the installation of the Bike Racks within the public right of way shall be determined and/or approved by the Director of the Department of Public Works or his designee, after the opportunity for review and comment, within ten days of notice thereof, by the Council Member for the City Council District where bike racks are requested or proposed. In addition, the Department of Public Works shall notify all property owners and adjacent property owners to the immediate left and right of the location where the bike rack is situated. The Department of Public Works must obtain the signature of the Council District Representative when objections are received from the notification.
Section 3. The installation of the Bike Racks is to be performed by Red Star Ironworks, LLC, at no cost to the City and in a manner approved by the Director of the Department of Public Works or his designee. Additionally, the Bike Racks shall be owned by the City and no fee or permit shall be required for the installation of said Bike Racks, in accordance with City Code section 415.12 CHAPTER NOT APPPLICABLE TO CITY WORK. (Ord. 27-1985, eff. 7-17-85). Prior written notice of the date or dates of the installation shall be given by the installer to the City Department of Public Works and the work shall be performed in a good and workmanlike manner and in accordance with City standards and City requirements for the protection of traffic.
Section 4. The maintenance of the Bike Racks shall be performed by Bike Pittsburgh or its successors and assigns. General liability insurance for the Bike Racks shall be provided by the Pittsburgh Downtown Partnership or its successors or assigns.
Section 5 The term of the agreement for maintenance and insurance as aforesaid shall be five years, renewable annually, or for as long as the Director of the Department of Public Works, on behalf of the City of Pittsburgh, deems that continued installation and maintenance of said bicycle racks in the public right of way is in the best interests of the City.